A law looking for a problem. Claimed to be another law enforcement tool, right, another way to falsly accused registrants of something in Florida's effort to lock up everyone.5-27-2010 Florida:
New legislation pleases local law enforcement
MANATEE — Gov. Charlie Crist signed a bill Wednesday that will make sex offender laws tougher, to the delight of local law enforcement who say it will give them more tools to keep the public safe.
Crist signed into law House Bill 119, which allows law enforcement to arrest any sex offender found to be loitering or prowling within 300 feet of any place where children were congregating.
The law also states law enforcement can arrest any sex offender who attempts to engage or communicate with a child in a sexual nature at a public park or playground. The bill prohibits sex offenders from going on the grounds of a child care or Pre-K facility without prior notification of staff, if the offender is not a parent or grandparent of a child who attends the school.
With the governor’s signature, the new laws took effect immediately, welcome news for one detective charged with monitoring the 315 sex offenders and predators registered with the Florida Department of Law Enforcement in Manatee County.
“I think it’s great. It just gives us more tools to work with,” said Manatee County Sheriff’s Office Sex Offender Unit Detective Kim Zink.
Zink said she especially likes tighter restrictions on sex offenders visiting places where children congregate, such as pools and public parks. Sex offender laws did not cover those locations like they do public schools or churches.
“I have always hated telling the public that the laws don’t cover those things,” Zink said.
Zink said the new laws governing sex offenders at child care and Pre-K facilities will also benefit law enforcement. That’s because private child care and educational facilities also were not covered by state law, unlike public schools which have sophisticated computer screening processes for all visitors, she said. ..Source.. ROBERT NAPPER
2 comments:
The law took effect upon signing????
Who told the RSO's who live on the streets there is a new law in effect. Do they know?? What happens to an RSO who goes to McDonalds to get lunch or dinner and does not know about this law. By the time the RSO gets there....."children WERE, there."
Can't wait to see the legal challenges on this law! I think this law will will prove to be more non-effective than the residency restrictions.
I have read HB119 and although it seems more draconian on the surface, there are provisions which seem to ease residency restrictions, if I am interpreting them correctly. First, let's look at the new restrictions: They apply only to new convictions (after effective date of the New F.S. 856.022). One humorous exclusion is sex offenders can go to schools to vote! In Florida, sex offenders cannot vote, get a professional license or even work! Now, as for the residency restrictions: F.S. 775.21 redefines "Child Care Facility" to have the same meaning as it does in F.S. 402.302. The significance of this, I believe, is meant to ease the restriction on sex offenders who live within 1,000 feet of "family" or "home" day care residences. I believe this for 2 reasons: 1. In 402.302, Child Care Facility and Family/Home day care have separate and distinct definitions, thus, a Family/Home day care cannot be classified/defined as a Child Care Facility. 2. F.S. 794.065 has been axed and renumbered as the New F.S. 775.215. It also redefines "Child Care Facility" to have the same meaning in 402.302 and de facto, in 775.21. In the text of 775.21 (2)(a), it states: A person who has been convicted of ......, may not reside within 1,000 feet of any ....child care facility (day care center is lined out)... However a person does not violate and may NOT be forced to relocate if he/she ....meets the requirements and a ....child care facility is subsequently established within 1,000 feet of his/her residence. In conclusion, it seems to me that living within 1,000 of a family/home day care is no longer a violation. I think the removal of this restriction would affect a large percentage of sex offenders because it is less difficult finding place to live which is not near a school, etc. than a family/home day care, they are everywhere in Florida because it is so easy to be designated and loosely monitored. I think this bill will also stop vigilantes who erect playgrounds on vacant lots (and the city/county officials who designate them as "public") just to force sex offenders to move.
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