FL- Miami moves to force out sex offenders' causeway camp

6-3-2009 Florida:

The city of Miami has asked Gov. Charlie Crist to remove the sex offenders living under the Julia Tuttle Causeway, citing a nearby island deemed to be a public park.

A rarely visited spoil island just a stone's throw from a homeless camp under the Julia Tuttle Causeway has spurred Miami leaders to attempt to uproot the sex offenders who are forced to live there.

Miami City Manager Pete Hernandez sent a letter this week to Gov. Charlie Crist, demanding the state immediately relocate the 70 offenders living under the causeway because they live too close to the island, which the city considers a public park.

The group of men -- and one woman -- have been forced to live under the bridge for two years because of a patchwork of local government laws that makes it illegal for them to live within 2,500 feet of where children might congregate.

With nowhere to go in Miami-Dade -- and limited pockets in Broward and Palm Beach counties, which have similar laws -- the state has allowed the ever-growing encampment to fester under the bridge, on property it owns.

This week, Hernandez said that since the spoil island known as Picnic Island #4 is only 1,200 feet from the Julia Tuttle, ``all of the offenders currently living under the causeway are subject to arrest for living in a location that is within 2,500 feet of a park.''

The small oblong island is only reachable by boat. It's adorned with a chickee hut, its shores supported by boulders.

''It's an island. We have some picnic tables. People stop by on boats,'' said Commissioner Marc Sarnoff, whose staff discovered the island.

The only other recognized spots in Miami-Dade where the offenders can live is a small section of Pinecrest or out west in the Everglades.

The Tuttle camp is now busting at the seams.

Tents have been replaced with wooden structures, cooking areas and minimal toilet facilities have been built. Some living quarters have televisions and DVD players.

Many of the offenders work during the day and return at night, as required by the state. They wear GPS devices so probation officers can follow their movements. Wives and girlfriends visit and often stay over.

Yet despite the city's claim, it seems the offenders may be staying put for a while.

Responding to Hernandez's letter, Department of Corrections spokeswoman Gretl Plessinger said only 41 of the 70 living under the bridge are on probation and under the state's jurisdiction.

She also said Picnic Island #4 ``is not considered a park where children congregate. There's no playground there.''

In addition, the state's required distance is much shorter than the county's -- just 1,000 feet, putting the island far enough away from the camp.

Sarnoff said that leaves two options: ``We will sue [the state] to enforce the law, or [the city's sex offender ordinance] will be found unconstitutional.''

The fight over where the sex offenders should live has caught the attention of civil liberty groups.

Ron Book, who chairs the David Raymond Homeless Trust, said his staff has removed some people living under bridge who are not registered sex offenders. Book said the trust found a man and his pitbull a place to live in Homestead.

As for the state's stance, Book believes the people living under the bridge are the state's responsibility.

''They want somebody else to pay for the problem,'' he said.

Jeanne Baker, president of the American Civil Liberties Union of Florida, said there's equal blame to go around. She blasted Miami and Miami-Dade for passing laws that ''impermissibly'' exceed state law. And she blamed Crist and the Legislature for ``turning a blind eye.''

``Now, the state and local communities point their fingers at each other in an attempt to shift blame. This is a statewide problem, and the Julia Tuttle Causeway is only the most graphic example. We need a statewide solution, and sadly, the Governor remains AWOL.''

Despite its findings, Miami's hands appear tied.

City police won't arrest the offenders because the land under the causeway belongs to the Florida Department of Transportation -- so it is under state jurisdiction.

Then there is Miami's history.

After a series of abuses on a group of homeless people living at Bicentennial Park in the late 1980s, the ACLU sued Miami in federal court in what became known as the Pottinger case.

Testimony of police practicing ''pest control'' through harassment and property damage, convinced Judge C. Clyde Atkins that the city violated the Constitution.

The judge halted arrests for minor crimes related to homelessness, like trespassing, unless shelter is offered.

''There is no alternative shelter,'' Baker said.

Atkins' order forced the creation of the Homeless Trust which Book now oversees. Baker said the ACLU sent a letter to Miami Police Chief John Timoney in February, noting the Pottinger case.

Miami police Cmdr. Delrish Moss said Tuesday it is the state's responsibility to monitor the folks living under the bridge.

''Right now it's a situation where they're on state property,'' Moss said. ``The state is issuing identification. It appears the state has sent them there to be on state property.''

Also unresolved: With the onset of hurricane season, what happens to the bridge dwellers if a storm approaches?

Baker said last year, after a series of emergency phone calls by her agency, the Department of Corrections permitted the group to move to a local hotel. But lately the number of offenders living under the bridge has almost doubled.

''We're worried sick,'' Baker said. ``It's a growing problem.'' ..Source.. by CHARLES RABIN