FL- Broward's Solution To The Tuttle Causeway Condundrum

7-6-2009 Florida:

The task force assigned to sort through the difficulties associated with the myriad of sex offender residence restrictions and offer up recommendations for the Broward County Commission has released a draft of its findings. It's a thoughtful compilation that ought to resonate beyond Broward and into Miami-Dade County, where overreaching statutes have created the homeless mess under the Julie Tuttle Causeway.

The Recommendations:

Broward Sex Offender & Sexual Predator Residence
Task Force Report Page 26 July 2, 2009

RECOMMENDATIONS

Based on our review of the available evidence, we respectfully submit the following
recommendations for policy which reflects criminal justice research and "best practices."

While some of our recommendations were unanimously agreed upon, others were not.
Our recommendations reflect the consensus of the task force based on majority vote.

1. It is clear that bus stops diminish housing availability within buffer zones to a literal point of non-existence. We recommend that if a residential exclusion zone is passed, it should not include school bus stops as a prohibited venue.

2. Based on data provided by the county's Planning and Redevelopment Division (p.22), it is also exceedingly clear that a 2,500 foot zone as described in the existing ordinance will exclude sex offenders from residing in the unincorporated areas of the county. Because 24 municipalities have also passed 2,500 foot exclusion zones, few options exist for sex offender housing throughout the county. This raises concerns, not due to sympathy for sex offenders, but because research indicates that housing instability is a consistent and robust predictor of absconding, probation violation, and recidivism for criminal offenders in general and sex offenders specifically.

Reports from FDLE indicate a growing number of "sex offender transients" in Broward, and many more in Miami-Dade County where homelessness resulting from residential restrictions has caught national attention.

3. Residence restrictions regulate only where sex offenders sleep at night and do nothing to prevent pedophilic or predatory offenders from frequenting places during the day where they can cultivate relationships with children and access opportunities for sexual abuse. Therefore, we recommend that the commissioners consider enacting a child safety zone preventing sex offenders from loitering without a legitimate reason in areas where children are present.

4. We recommend that in any ordinance that is passed, an exception be made for offenders who established their residence prior to the passage of the ordinance (a "grandfather" clause). Such clauses are commonly found in other municipal ordinances. Because housing throughout the county is so limited, such a clause will reduce the probability of homelessness and transience for RSOs who are already living in unincorporated areas. The proposed end-of-lease grandfather clause simply delays housing instability rather than prevents it. Grandfathering homeowners but not lease holders represents differential treatment based on financial resources.

Since there is no reason to believe that current lease holders present a greater Broward Sex Offender & Sexual Predator Residence Task Force Report Page 27 July 2, 2009 threat to the safety of children than homeowners, this differential treatment seems not only unfair, but illogical.

5. We recommend that an exception be made (referred to as a Romeo & Juliet clause in Florida statutes) for young adults with a single victim and who, at the time of the offense, were under the age of 22 and committed a "statutory" offense with a teenage victim no more than 4 years younger than the offender. While we recognize that such behavior is unlawful, and that minors cannot legally consent to sexual activity with an adult, we also recognize that such offenders are not typically diagnosed as pedophiles and probably do not pose a significant danger to commit future sexually violent crimes.

6. We recommend that commissioners strongly urge our elected state senators and representatives to enact a statewide solution to sex offender management. The problem of clustering is a direct result of the multiplicity of ordinances throughout the state (at least156) which push offenders into areas with less restrictive buffer zones.

The best solution is for the Florida legislature to enact a uniform statewide residential policy for sex offenders. We recommend that the county commissioners adopt a resolution asking the legislature to create a statewide residence solution, which should include a Romeo & Juliet clause as well as a grandfather clause. The recommendation to the legislature should also urge the adoption of a uniform statewide child safety zone provision preventing RSOs from loitering within 300-500 feet of a school, park, daycare, designated school bus stop, or other place where children regularly congregate. We also recommend that the legislature review the crimes that require registration and that Florida create a more refined, risk-based classification and tier system of offenders that might, in some circumstances, lead to individuals eventually being deleted from the registry but only upon meeting criteria established by statute and requiring judicial review.

7. We recommend that commissioners strongly urge leaders from the League of Cities to endorse a uniform county-wide ordinance. The problem of clustering is a direct result of the multiplicity of differing ordinances throughout the county (24) which push offenders into areas with less restrictive buffer zones. In the absence of legislative reform, the best immediate solution is for city councils to agree to enforce uniform residential policies for sex offenders throughout this county.

8. We urge leaders from the League of Cities to undertake an analysis of potentially compliant housing in each municipality and amend ordinances to allow for reasonable housing availability to alleviate clustering. Information designating compliant residential locations should be provided to DOC probation, law Broward Sex Offender & Sexual Predator Residence Task Force Report Page 28 July 2, 2009 enforcement agencies, and other case managers to assist RSOs in securing housing.

9. We recommend that commissioners consider text amendments to land use plans to allow residential units in industrial areas as a permitted use. The feasibility of alternative housing options for sex offenders needs to be more fully investigated, as any alternative housing would be subject to zoning variances and practical considerations such as affordability and access to residential infrastructure (public transportation, shopping, services, etc.). Innovative housing options are recognized as a possible long-term solution requiring complex planning and development, and therefore should not be considered as a singular alternative to our other recommendations.

10. We support Mayor Ritter's letter to Governor Crist asking for leadership and assistance in addressing the matter and suggesting a statewide or regional task force to allow for uniformity of residence requirements.

11. Based upon concerns raised by the Broward Sheriff's Office and the State Attorney's Office, we recommend that commissioners and the county attorney review the language defining "temporary" and "permanent" residence in Ordinance 2009-22 as "a place. ..Source.. by Fred Grimm