Suspected sex offender dead after shootout with U.S. Marshals

10-23-17 Florida:

BROOKSVILLE (FOX 13) - A suspected sex offender is dead after a shootout with U.S. Marshals and Hernando County Deputies, according to Sheriff Al Nienhius.

The sheriff said detectives were serving a warrant for charges of sexual battery on a "very young victim."

Sheriff Nienhuis said the suspect fired at least one shot at deputies and detectives, who returned fire.

The suspect was pronounced dead at the scene. No law enforcement officers were injured.

The sheriff said the Florida Department of Law Enforcement, The U.S. Marshals Office, and the Hernando County Sheriff's Office were all on the scene. ..Continued..

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Doctors and cops among 277 arrested in human trafficking, online prostitution sting in Polk County

10-17-17 Florida:

POLK COUNTY, Fla. (WFLA) — A week-long undercover sting targeting human trafficking and online prostitution in Polk County ended with 277 arrests that included doctors, pharmacists and law enforcement officers.

“That’s the most we have ever arrested in the history of the sheriff’s office,” Sheriff Grady Judd said.

“Operation No Tricks, No Treats” started last Tuesday, October 10 and ran through Monday, October 16. During that time, undercover detectives posted fake ads or profiles online posing as prostitutes or someone who solicits prostitutes. Other detectives responded to profiles and ads posted by prostitutes.

According to the sheriff’s office, 51 of the arrests were related to those who advertise as prostitutes online and 209 of the arrests were those who solicited undercover detectives posing as prostitutes. Seventeen arrests were made for other offenses.

Sheriff Judd identified some of the suspects arrested in the undercover operation as doctors and pharmacists, former and current law enforcement officers, a lawyer, two men who traveled to have sex with minors and two sex offenders.

These are some of the men arrested that the sheriff identified: ..Continued..

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Missing Florida sex offender found dead, foul play suspected

10-15-17 Florida:

A 60-year-old sex offender in Florida who cut off his ankle monitor and was on the loose since Saturday has been found dead.

Larry J. Williams remains were found in Hernando County, and sheriff’s office investigators suspect he was the victim of foul play.

“It is very early in the investigation and there is still much work that must be completed; therefore, investigators are unable to release additional information at this time,” the sheriff’s office posted to its Facebook page.

Law enforcement officials had been looking for Williams since Saturday when he removed his ankle monitoring device and tossed it into the woods.

Deputies said they found his 1996 GMC Yukon on Tuesday and then his body on Thursday. ..Continued..

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Wakulla Correctional Institute prisoner killed in 'inmate-on-inmate altercation'

10-3-17 Florida:

A Brandon father is looking for information about the death of his son during what Florida prison officials are describing as an "inmate-on-inmate altercation" at the Wakulla Correctional Institute Annex.

Ryan M. Mason’s death on Monday is being investigated by the Florida Department of Law Enforcement and its Inspector General office, but few details are being released about the circumstances surrounding the incident.

Mason, a convicted sex offender, was in a protective management program at the prison, according to his father, Ray Mason.

Due to the active investigation and the Federal HIPAA Privacy Rule, this is all of the information currently available,” wrote FDC spokeswoman Ashley Cook in a statement. Federal health privacy law extends to deceased inmates, according to FDC’s guidelines.

WCI has been the scene of recent brutal attacks recently. In August an inmate was severely injured in a fight with two other inmates. A month earlier, an inmate stabbed a WCI correctional officer in the back.

Mason said besides a call from the prison chaplain on Monday, he knows little else other than his son is dead.

He’s tried several times to contact the prison’s warden Jacob Sorey without results. On Tuesday, he contacted the office of state Sen. Tom Lee, R- Thonotosassa, searching for answers.

Mason said when he last spoke to his son Saturday, he seemed in good health and high spirits.

“By now, it’s been over 24 hours. They should have had the compassion and consideration to tell me what happened to my son, not just that he’s dead,” Mason said by phone. “I’m just very frustrated and fearful about what’s happened to him.”

Mason, 36, was arrested in January 2013 on charges including soliciting a minor and distribution of child porn in an FDLE sting operation.

According to media reports, Mason was arrested after traveling from Tampa to the Orlando area to meet someone he thought was a 12-year-old girl. When FDLE agents surprised him, he tried to run them over and broke a Taser they used to try to subdue him. Agents described him as a “violent child predator.”

He was sentenced to at least 20 years in prison for traveling to meet a minor, assault, resisting an officer with violence and numerous counts of sending and possessing child pornography.

The protective management program Mason said his son was in separates inmates from the general population for health or safety reasons.

When told his son was killed in an altercation with other inmates, Mason said “I just can’t see that.

“He’s just not a fighter at all. He would run from a fight in a heartbeat. But of course, I don’t know the details.” ..Source..

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State drops sex offender case

5-9-17 Florida:

The 12th Circuit State Attorney Office has dropped a case against a man accused of failing to register as a sex offender. The Holmes Beach Police Department arrested Brian Edward Owens for failing to register in July 2016, when he was living in Holmes Beach.

The state decided not to prosecute in January due to evidence that came to light after the charges were brought and, in May, released a department memo explaining the decision.

The defense provided the state with a 2011 court order from Indiana, which “specifically states that the defendant is not required to register because his conviction predated the registry,” Assistant State Attorney Shanna Sue Hourihan wrote in the memo.

Owens, now 57, had been convicted of a 1985 attempted rape in Indiana, the memo states.

The Florida Department of Law Enforcement reported in May that Owens was a transient in Anna Maria, with his last registration in March.

HBPD arrested Owens July 27 after a tip about an unregistered sex offender residing at a residence on the 2700 block of Avenue C.

While the state determined Owens’ case was an exception, state law requires sex offenders to register in any county they reside within 48 hours of moving to a permanent or temporary residence or every 30 days if transient. ..Source.. by Kathy Prucnell

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Ormond Beach residents concerned about multiple sex offenders living in single homes

5-8-17 Florida:

ORMOND BEACH, Fla. - Residents of one Ormond Beach home have expressed concern that dozens of convicted sex offenders are living in their neighborhood, with many homes housing more than one offender.

When one mother moved in with her five children, she didn't realize there were so many sex offenders living in the area, and didn't realize so many would move in later.

"It's kind of scary," she said. "There's so many of those people around here."

Once in the neighborhood, the woman, who asked not to be identified, said she was alerted every time a registered sex offender moved into the neighborhood.

"I just kept getting notices in the mail left and right," she said.

The woman's oldest son, Isaiah Gomillion, 19, said he helps take care of his three younger brothers and keeps track of where the sex offenders in the neighborhood live.

"I do watch the houses that have sex offenders and everything else and it sketches me out," he said.

Gomillion's mother said she, likewise, makes sure her children are safe.

"I keep a close eye on my kids, definitely," she said. "They're in the house a lot, or within this gate, and that's why I have a pit bull."

Law enforcement officials said they have not had any enforcement issues with the sex offenders living in the area.

Within a mile of the concerned resident's home, state records show there are at least 60 registered sex offenders. ..Source.. by Samantha Manning

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Signs will warn sex offenders to stay off school grounds

4-26-17 Florida:

Law enforcement officials will soon visit the homes of 760 sex offenders and 85 sexual predators in Marion County as part of a new program aimed at reminding convicted sex offenders that they are forbidden to be on the property of schools and child care facilities.

As part of the program, which is being spearheaded by the Marion County Sheriff’s Office, officials will place 180 warning signs at strategic locations on each of the school district’s 51 school campuses. The large signs, which will be 3 feet by 3 feet, will include the portion of sex crime statute 856.022(4)(b), which restricts the locations offenders can visit.

Marion County Sheriff Billy Woods appeared before the School Board on Tuesday to float the sign request. The School Board agreed that the signs should be placed at schools as preventative measure to keep children safe. The sign movement was not triggered by a local incident.

“I was excited to hear about the program,” School Board member Bobby James said. “This is an excellent idea and thanks for bringing it to us.”

The sign implementation is the brainchild of Chief Deputy Robert Douglas, who was Woods’ pick for his second-in-command. Douglas was named chief deputy after Woods took office in January.

Douglas worked for the Marion County Sheriff’s Office for 25 years until 2003. Soon after losing to then-incumbent Sheriff Ed Dean in 2004, Douglas served 11 years as chief of police in Chiefland.

Douglas approached Levy County Sheriff Bobby McCallum several years ago about the idea. Both men appeared before the Levy County School Board, which agreed with the plan. Woods heard about the program and asked Douglas to create the same program in Marion. Douglas met with all of the county’s law enforcement agencies, the State Attorney’s Office and School Board member Bobby James. ..Continued.. by Joe Callahan

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City of Palm Bay to change how it handles sex offenders

3-22-17 Florida:

BREVARD COUNTY, Fla. — A court victory for the city of Palm Bay means homeowners could be protected from sex offenders working for contractors or delivery companies, city leaders said.

From now on, painters, delivery services or other contractors who come to homes with children must disclose to the homeowner if they employ a sex offender or sexual predator.

"I think any law that protects our children is a good law. And that’s one of them," Palm Bay resident Hank Crantz said.

"It’s just another level of protection that the city has sought to protect our residents," former city council member Andy Anderson said. Homeowner Lisa Velie said she is not comfortable with the new law.

"I feel like I’d just rather not know and just trust that whoever came to my house would be just there to do the work," she said.

The city passed the law in 2005, but because of a court fight from business owners who said it would hurt their businesses, the law could not go into effect until now, after the city’s court victory.

Bob McClure, who owns a lawn care business in the city, agrees wholeheartedly that businesses like his should disclose whether sex offenders are working at homes where children or vulnerable adults live.

"If you do something to a child, you shouldn’t be rehabbed, and they should do everything possible to keep you in jail,” he said.

The law makes the same requirement for businesses employing sex offenders who work where children congregate. City leaders said they are breaking new ground with this law and they expect other cities to follow suit. ..Source.. by Dan Billow

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Suntree wants to ban sex offenders from living there

3-3-17 Florida:

SUNTREE — The Suntree Master Homeowners Association, one of Brevard County's largest residential developments, may soon have one of the strictest policies in the state when it comes to allowing sexual offenders and sexual predators to live there.

The association is asking residents to amend its housing restrictive covenants, which would bar known sexual offenders and sexual predators from owning or renting there. Technically, it's asking residents to approve expanding the zone of protection of city and county ordinances by restricting sex offenders from residing within 3,000 feet from places where children regularly congregate, essentially covering all of Suntree.

The proposed changes follow meetings with the Brevard County Sheriff's Office on what crimes are taking place on the Space Coast and what communities can do to prevent problems before they start.

"We thought being preventative was better than being reactive," said Todd Foley, general manager of the homeowners association.

Lawyers and others familiar with fair housing statutes say what's being proposed in Suntree likely is legal, as housing covenants generally have more power over a neighborhood's make-up, much more so than those without official neighborhood guidelines.

Suntree, as residents often like to boast, is one of the most popular areas in Brevard. It's made up of 4,500 households, including single-family homes, apartments and townhouses, as well as schools, day care centers, bike paths, walking trails, two 18-hole golf courses, several parks and 50 neighborhoods or sub-associations.

The covenant amendment is scheduled to be voted on at the association's March 15 annual meeting. ..Continued.. by Wayne T. Price

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Big FL Women's Prison Called Rife With Corruption, Sexual Abuse

12-13-15 Florida:

With nearly 2,700 inmates, Florida's Lowell Correctional Institution, the nation's largest women's prison, is rife with corruption, torment and sexual abuse, former inmates tell the Miami Herald. Inmates complain that corrections officers have spit in their faces, threatened to slam them into concrete and called them whores, bitches and porch monkeys.

They say male staffers tramp through the showers, make them flash their breasts on a whim and force them to beg for basic necessities, like toilet paper, soap and sanitary napkins. Women say both male and female officers use their positions of power to pressure inmates to have sex. Women allege that sex happens in bathrooms, closets, the laundry and officers’ stations. Sometimes officers take women to isolated areas in the middle of the night.

Many women comply because they feel they have no choice; others call it a matter of survival. Inmates say those who yield to the officers’ demands are often shielded from abuse. They can be rewarded with soap and sanitary pads, cigarettes, drugs and money. They get free-world food, like cheeseburgers, or meager feminine accoutrements that make them feel more human, such as makeup and perfume.

Inmates who don’t comply say they are harassed and humiliated; they forfeit plum job and bunk assignments. Often, they are threatened with “confinement” — a separation from the general population that isolates them and tests their sanity. They can lose their belongings, and the privilege of family visits. Corrections Secretary Julie Jones acknowledged that before she took over in January, Lowell was “poorly managed’’ and lacked proper leadership. She replaced the warden, fired an assistant warden and hired more than 100 new officers. She says officers are now being held accountable. ..Continued..

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Convicted sex offender from Pennsylvania offered "scholarship" to Martin County rehab facility

Sober Homes Scams??? See I-Team exposes 'Dr. D' as state investigates sober house

11-11-15 Florida:

After a convicted sex offender from Pennsylvania made his way down to Jensen Beach to attend a rehab facility the Martin County sheriff is looking into potential charges for obstruction of justice.

Sheriff William Snyder says while trying to identify convicted sex offender, John Michael Janaskas, employees at the facility refused to tell detectives where Janaskas was. However, the law is clear that it's up to the sex offender to self-report any address changes. As far as how and why Janaskas ended up in South Florida, that points to a bigger issue, according to lawmakers.

According to the Pennsylvania sex offender registry and his criminal history, John Michael Janaskas lives in Monroe County, Pennsylvania. The registry lists Janaskas as "compliant", meaning he still lives at his listed address. However, the Martin County sheriff believes Janaskas arrived in south Florida on Thursday. That's 5 days ago and Janaskas was required by law to self report his address change within three.

The Sheriff's office says Janaskas was offered what it calls a "scholarship" by a drug treatment facility and sober home in Martin County, meaning Janaskas' treatment and even his transportation to South Florida was paid for by the rehab facility.

The facility can't be named because it's protected by federal law but lawmakers we've spoken with Tuesday afternoon say Janaskas's situation is familiar.

Representative Bill Hager has been working to pass more regulation for Florida sober homes. His office says many sober homes will advertise in colder climates like New Jersey and Pennsylvania to lure patients to Florida, tap out their insurance policies and then show them the door.

We are still working to learn more about this treatment facility in Jensen Beach. An aid for Representative Hager's office says sober home scams are a relatively new problem but he is working with other lawmakers on solutions. As for Janaskas, he turned himself in to the Martin County sheriff Tuesday afternoon. ..Source.. by WFLX.com

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App wrongfully labeled Cape Coral man's home as sex offender residence

11-3-15 Florida:

CAPE CORAL, Fla. -- A Cape Coral man is upset with some wrong public information out there saying his home is housing a sex offender.

Donald Montgomery was shocked to find out his home was listed as one where a sex offender lives on the Ping4 app. The app notifies the public on safety alerts partners with the Cape Coral Police Department.

Montgomery found out when checking the app after seeing a story on tracking sex offenders on FOX4. He said when he pulled up his address to see what sex offenders lived in the neighborhood, he was stunned.

"Looked at our neighborhood and found that our address of our home was listed as a registered sex offender. We were shocked when we went to the app and saw our address listed on that app as being the home of registered sex offenders," said Montgomery.

To undo the red mark on his home shown on the app's map, he called Ping4, who admitted it was old info. A sex offender lived there before Donald did.

FOX 4 asked Cape Coral police how they missed it too.

"Looks like we had an old data point that was still left in the database that the company downloaded from the state," said Dana Coston of the Cape Coral Police Department," Sgt. Dana Coston said.

Coston says this is the first time he's ever heard of something like this happening but adds the app's main purpose is to send you public safety alerts.

"The feature that they include for Ping4 for sex offenders is a secondary feature for what our primary use for that is," Sgt. Coston said. ..Source.. by Malcolm Johnson

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Sheriff posts warning signs

This is nothing more than further punishment by local police who are not mandated to do this! Folks who would like to start a legal action to stop this pratice please contact legal@floridaactioncommitee.org

10-29-15 Florida:

According to Nassau County Sheriff Bill Leeper, this is the first year NCSO will put up signs to warn trick-or-treaters to avoid the homes of registered sexual predators in Nassau County.

Leeper sent out a news release Monday showing him personally posting one of the signs. Leeper wrote in an email to the News-Leader that it was “suggested by a few residents within our county that law enforcement provide additional public notice of where these sexual predators live, especially with Halloween approaching.”

“By law, sexual predators are not to participate in any Halloween activities and are not allowed to have outside lights on or give out candy to children,” Leeper wrote in his release.

The warning signs were provided by the Nassau County Road & Bridge Department, Leeper said, at no cost to the Sheriff’s Office, and will be taken down after Halloween. Leeper said detectives at the Nassau County Sheriff’s Office conduct routine checks on the 12 sexual predators who currently reside in Nassau County, to make sure they are staying where they are registered to live, and that they follow all the laws that govern them.

“The Sheriff’s Office has an obligation by state law and county ordinance to notify the public when a sexual predator moves into Nassau County and the location where they live,” Leeper wrote in an email. “Residents are notified in the neighborhood and the sexual predator’s name, photo and address is also placed on the Sheriff’s Office website. ..Source.. by Angela Daughtry

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NBC2 Investigation: The sex offender 1,000-foot rule

7-14-15 Florida:

1,000 feet is 1,000 feet, right? Apparently not when measuring how far away sex offenders can live from parks and schools. An NBC2 investigation uncovers differences in the way the state and local law enforcement agencies measure that distance.

This law is all about distance, the amount of space between offenders and places like playgrounds. But we uncovered the distance changes depending on who is measuring.

Arturo Dominguez is a registered sex predator. He should not be living in his Cape Coral home.

“2,500 feet is 2,500 feet,” said Detective Todd Kerns with the Cape Coral Police Department.

The problem is he is living closer than that to Pelican Elementary.

“Doesn’t matter if there’s a canal that separates the house,” said Detective Kerns.

We headed to the house with Detective Todd Kerns to tell Dominguez he has to go.

Cape Coral’s ordinance is much tougher and more straightforward than the state’s.

“It’s a complex statute,” said Corporal John Poudrette with the Charlotte County Sheriff’s Office.

Corporal Poudrette’s agency relies on the state to enforce the 1,000-foot rule.

The Department of Corrections doesn’t always use the same starting point to measure the 1,000 feet.

With single-family homes, the agency starts with the property line. But with a duplex or apartment, the starting point is at the front or back door.

“It is an absolute waste, 100 percent waste of taxpayer money,” said Peter Aiken, a defense attorney.

Defense attorney Peter Aiken says most offenders don’t stay in one place, making it difficult to guarantee the 1,000-foot rule.

“It’s a feel good law. All it does is make the public feel good,” said Aiken.

State Senator Lizbeth Benaquisto says wording in the law may have to be revisited.

“If it’s keeping local governments or local law enforcement agencies conflicted about how they enforce things and people are living right about or at those edges and getting in close proximity to our children. Then, we have to address it,” said Senator Benaquisto.

Weeks after we tracked down sex predator Arturo Dominguez, we found he moved to Lehigh Acres; this time within 1,000 feet of a school.

“That’s crazy. They shouldn’t allow that. They really shouldn’t,” said Irma Rodriguez, a Lehigh Acres parent.

According to DOC, he’s not breaking the law. The state only applies the 1,000-foot rule to certain sex offenses.

“I have kids, so I think it’s very important,” said Detective Kerns.

Stricter ordinances, like the one in Cape Coral, are in theory more effective. But in reality, enforcement is more complicated.

In the Cape, Lee County Sheriff’s deputies enforce the 1,000-foot rule. Cape Police officers enforce the 2,500-foot ordinance. ..Source.. by Bryan Anderson

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Mistake on driver’s license labeled man as sex offender (and now a woman too)

7-9-15 Florida:

A simple mistake on your driver’s license, and it could severely change your life, costing you friends, family and even a job.That mistake cost a local man his reputation even within his own family.

Andrew Stokes Flaherty got a new identification card in 2012. But the legally blind 48-year-old couldn't see what was printed in the corner. Six months later, as he pulled into NAS JAX, the numbers 943.0435 changed Flaherty's life forever.

“He had tried to get on the naval base with his brother and they almost arrested him, were very, very upset with him and said some choice things because here was a sexual offender trying to get on the naval base,” said John Philips, Flaherty’s attorney.

Phillips says Andrew Flaherty was caught off-guard. “He said, ‘Wait, wait, wait, no I'm not,'” Phillips said. “It was embarrassing. His own brother even second-guessed him -- 'Hey, what are you not telling me?'”

But Flaherty was telling the truth. He'd been incorrectly labeled a sex offender by an employee who worked at the tax collector's office on Blanding Boulevard.

“Simply put, there's a drop-down menu and she clicked the wrong button,” Phillips said.

It’s a simple mistake that Action News found has repeated time and time again across Florida.

“I put it in my wallet and I left,” said Tammy Lemasters, a victim of incorrect labeling. In May, Lemasters went weeks before noticing she'd been labeled a sexual predator on her new license.

Reporters followed the Lake County mother, who has no criminal record, back to the office to confront the manager. But Phillips, who also represents Lemasters, says even though the mistake was corrected, the label will live with her forever. “In that court record it will always say, Tammy Lemasters, sexual predator,” Phillips said.

The Duval County tax collector issues licenses and ID cards on behalf of the Florida Department of Highway Safety and Motor Vehicles.

But for years, the state's software listed sex offender and predator right alongside other more often used selections, like insulin dependent and organ donor.

“It was easy to click the wrong box,” said Sherry Hall, the chief administrator of the Duval County Tax Collectors Office.

Hall said her staff was devastated to learn of their mistake. “Michael Corrigan (tax collector) immediately called the state and demanded some safeguards be put into place,” Hall said.

In May, a new version of that software was rolled out. Now, multiple safeguards are in place to double-check a sex offender or predator designation.

But Andrew Flaherty didn't live to see this change. He sued the tax collector, but died last year still waiting for an apology. In June, the city settled the case and paid his estate $20,000. ..source.. by Amanda Warford

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9 Investigates uncovers proposed plan to make sex offenders pay yearly fee

Given the registry does nothing more than satisfy folks who want to know where registrants sleep for a few hours of a day, lets those folks pay for it! The registry already damages those on it..

7-6-15 Florida:

ORLANDO, Fla. — Sheriff's offices all over central Florida spend tens of thousands of taxpayer dollars to keep tabs on sex offenders.

But 9 Investigates uncovered one state has a plan to make the sex offenders carry some of that burden.

Channel 9's Myrt Price asked lawmakers and law enforcement officials whether that plan could work in Florida.

The offenders are required to register, and deputies work around the clock to monitor and to track those who don't provide addresses or abscond from where their supposed to be living.

The Lake County Sheriff's Office said it spends about $10,000 a year to keep track of convicted sex offenders.

"While we do some supplemental funding from the state level, the counties and the sheriff bear the brunt of this monitoring program," said State Sen. Darren Soto.

In Polk County, they spend more than $200,000 a year.

"To know exactly where they are, where they're working, where they're living," said Polk County Sheriff Grady Judd.

However, lawmakers in Tennessee gave sheriff's offices a way to offset those costs by requiring sex offenders to pay $150 a year. And, $100 of that goes to the law enforcement agency where the offender is registered.

Soto believes similar legislation could work in Florida.

"I think a sliding scale may be appropriate," said Soto. "We're going to be looking into it for potential sponsorship next year."

Judd weighed in on the issue.

"It's not that I wouldn't be for it because offsetting the costs to the taxpayers is a good thing," said Judd.

But unlike Soto, he is not convinced a law like that would work in Florida.

"I just don't think the majority of them can afford to pay, and they'll quit paying, quit registering and quit showing up and be a bigger problem," Judd said.

Soto believes in order for the plan to be effective, the fee would have to be on a sliding scale, so only those who can afford to pay it would be required to. ..Source.. by wftv.com9

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Man awarded 20K after incorrectly labeled as sex offender on license

6-4-15 Florida:

JACKSONVILLE, Fla. — The city has paid $20,000 to the family of a man who was incorrectly labeled a sex offender by the tax collector’s office.

For six months Andrew Flaherty had no idea his ID card showed he was sex offender.

“He had tried to get on the naval base with his brother and they almost arrested him, were very, very upset with him and said some choice things because here was a sexual offender trying to get on the naval base, and he said ‘Wait, wait, wait no I'm not,'” said John Phillips, Flaherty’s attorney.

Phillips says a tax collector’s office employee accidentally checked the sex offender box instead of organ donor.

Flaherty, who was legally blind, died last year before the agreement was met.

His family says they are relieved to have closure but are calling for changes to the system. ..Source.. by ActionNewsJax.com

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Woman whose drivers license falsely marked her as 'sexual predator' threatens to sue state

Assuming the reporter is accurate as to how this happened, then Floridians need to be more concerned because the setting is a MANUAL operation not verified by any computer cross checking with the state registry; MANUAL! Who is responsible for the programming of the State's computers?

5-8-15 Florida:

CLERMONT — Tammy Lemasters wondered why a judge and bailiff raised eyebrows after looking at her drivers license when she went to a court hearing for a traffic ticket.

Lemasters, who had recently moved back to Clermont from West Virginia, was shocked to find in the bottom right corner of her newly issued license the words "Sexual Predator" in blue capital letters.

The mother of three teenagers had the license for a few days before realizing the error. When she found out, she started crying and was afraid to drive or do anything where she might have to show her license.

On Thursday, she threatened to sue the state Department of Highway Safety and Motor Vehicles unless changes are made to make sure the same thing doesn't happen to anyone else.

"It's so embarrassing and shouldn't be something that should have happened," said Lemasters, 42. "They need to change."

She said she never thought to check for that when looking over her license at the DMV office.

"They asked me to check my name and address, and that's what I checked," Lemasters said. "The sexual-predator box is in the lower corner, and she had her finger there. I just took it and put it in my wallet. No one checks for 'sexual predator' on your license."

She and her fiancé tried going to Disney World about two weeks ago and were detained by employees after showing her ID for the Florida discount. She said the couple told employees the stamp was a mistake but were held in a room for about three hours while employees called authorities about it.

Lemasters, an Applebee's server, was also turned away at a Clermont hotel when trying to check in.

She returned to the DMV office Thursday to get a new license and was ecstatic to get the problem fixed.

"I'm so happy," Lemasters said. "Driving is so much more relaxing."

John Phillips, a Jacksonville attorney representing Lemasters, said the notation on his client's license was the result of a "Scarlet Letter" law signed in 2007 by Gov. Charlie Crist. The law requires sexual predators and offenders to have a distinctive mark on their licenses as a safety measure for the public.

"The DMV simply clicked 'sexual predator' instead of 'organ donor,'" Phillips said. "There aren't any warning screens once an employee clicks 'sexual predator,' and there should be."

He said the suit won't be filed if the agency agrees to make changes in the computer system to prevent future errors.

"This isn't about money at all," he said. "It's about preventing it from happening to others."

Mark O'Keefe, manager of the drivers-license office on U.S. Highway 27 south of State Road 50 in Lake County's largest city, said he talked to employees to make sure they're asking customers to check their licenses. He said he will issue new training for employees at the facility, which sees nearly 200 people daily.

O'Keefe said Lemasters called the office April 21, four days after the license was issued. She detailed the problem and received an apology and was told to return to fix the flub.

"Each customer is asked to check over their license to avoid errors like these," O'Keefe said. "We're just humans doing a human job, and we can make human mistakes."

John Lucas, a DMV spokesman in Tallahassee, said the agency has long-term plans to update drivers-license systems to prevent such problems, but in the meantime people need to make sure everything is OK before they leave the DMV.

Phillips said this wasn't the first time the mistake has happened. He said he has been contacted by three individuals over the past couple years with similar stories, including a blind man incorrectly marked as a sex offender in 2012 on his DMV-issued ID card after he moved from Louisiana to Jacksonville. The man died earlier this year "and didn't get the justice he deserved before passing away," the attorney said.

For Lemasters, the episode was a nightmare.

"No one thinks that something like this can happen," she said. ..Source.. by Christal Hayes

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Woman: Florida License Mistakenly Labeled Me a Sex Offender

5-7-15 Florida:

A Florida woman who was issued a driver's license that mistakenly labeled her a sexual predator said Thursday that she plans to file a defamation lawsuit against a county tax collector's office.

Tammy Lemasters, 42, said she was denied service when trying to book a room at a hotel and has endured funny looks from cashiers when cashing checks because of the blue letters in the bottom-right corner of her license that say "SEXUAL PREDATOR."

"I was afraid to drive in my car. I was afraid of getting pulled over," said Lemasters, who works as a restaurant trainer and is the mother of three teenagers. "I was afraid of the kids being in the car."

She has already filed a notice of intent to sue the Lake County Tax Collector's office, near Orlando. The tax collector's office serves as an agent for the Florida Department of Highway Safety and Motor Vehicles in issuing driver's licenses. She went to the tax collector's office Thursday, accompanied by her attorney and television cameras, to get a new driver's license almost three weeks after she first noticed the mistake.

The manager of the tax collector's office where Lemasters got her license attributed the mistake to human error.

"We said we fully understand the embarrassment she faced, but these are humans doing a human job," said Mark O'Keefe, the manager. "People make mistakes. When we find them, we move swiftly to correct them."

When drivers get new licenses, they are told by workers in the tax collectors' office to double-check that everything on the ID is accurate, O'Keefe said.

Lemasters called the tax collectors' office four days after discovering the mistake and was told to come back to the office right away so the problem could be fixed, he said.

"If you misspell 'Main Street' on a driver's license or put the wrong initial in the name, people are back in here in a half-hour, if not the next day, to have it corrected," O'Keefe said.

Both O'Keefe and Lemasters' attorney theorize that the mistake was made when the wrong drop-down box was checked on the computer. The motor vehicle agency software is being updated and one of the changes being proposed includes adding a "pop-up" window that would ask workers issuing the licenses whether they are sure when they are clicking "sexual predator."

Lemasters said she didn't notice the mistake until several days after getting the new license. She had to go to traffic court for a ticket and noticed the judge and bailiff studying the license quizzically. Afterward, while she was at a store, she noticed the 'SEXUAL PREDATOR" label on her license and "I immediately had tears in my eyes."

Her attorney, John Phillips, said he knew of two similar instances in Florida, including a Jacksonville case in which he represented a legally blind man who had sued the Duval County Tax Collector's Office.

"It reminds me of 'The Scarlet Letter,'" said Phillips, referring to the 19th century literature classic about a woman ostracized for having a child out of wedlock in Puritan Massachusetts. "This is the worst thing you can call a person." by Mike Schneider

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Miami Musician Says Channel 10 Falsely Portrayed Him as a Sex Offender

5-5-15 Florida:

Until November 11, 2013, musician Wilfredo Batista lived a pretty normal life. The Puerto Rico native had good credit, and was well-liked by friends and neighbors. But on that Monday a year-and-a-half ago, he learned he had unknowingly stepped foot in the wrong zip code: Miami’s 33138.

While filming a story there, a photographer from WPLG Local Channel 10 got Batista on camera, stepping out of his car. Batista says the channel then used the footage as part of a promotional advertisement for an upcoming news special about the high concentration of registered sex offenders living in the El Portal zip code — the most in one residential zip code in Miami-Dade County — without first consulting him. The 20-second advertisement was played repeatedly throughout the day, creating a buzz for the upcoming program.

Now, the 43-year-old Batista, who says he is absolutely not a registered sex offender, is suing the news channel for broadcasting defamatory and false statements about him — which he calls "ambush journalism."

"His friends saw him on television and told him about it," says Theodore Enfield, Batista’s attorney. "Obviously it was looked upon very poorly by his community."

A search on the U.S. Department of Justice’s National Sex Offender Search confirmed there are no registered sex offenders with the plaintiff’s name. Miami-Dade County Police Department's public records also do not show or list Batista as a sex offender, according to Courthouse News.

According to the official complaint, filed in Miami-Dade County circuit court, Batista has since suffered "mental anguish, ruin of a good name, credit and reputation." He has been "shunned by many persons with whom he previously had social or business relations," it reads. He is suing for compensatory damages on claims of libel, invasion of privacy and for attorney's fees.

The zip code has a high concentration of sex offenders (roughly 119 at the time of the broadcast) due to a "patchwork of laws" that limits the places where they can live, according to the news program. Sex offenders are prohibited from living within a certain distance from schools, parks and day cares.

According to an attorney for the news channel, it is WPLG’s practice not to comment on pending litigation. by Jessica Weiss

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