Crackdown On Sexual Predators Sails Through Florida House

March 13, 2014

Pointing to examples of children being raped and murdered, the Florida House on Wednesday unanimously passed four bills to crack down on sexually violent predators, preparing the measures for Gov. Rick Scott’s signature.

Scott has already said he looks forward to signing the bills, which were approved last week by the Senate.

“I think people could argue about recidivism data ’til they were blue in the face, but we know one certain fact: No one has ever raped a child while sitting in a state prison,” said House Criminal Justice Chairman Matt Gaetz, R-Fort Walton Beach. “And so if we can keep folks in prison longer, we can keep our streets safer.”

Gaetz sponsored the House version of one of the bills (SB 526), which would increase the penalties for sexual battery and lewd or lascivious offenses against children. That and the other bills are designed to close the loopholes in a 1999 law aimed at putting sexually violent predators in civil confinement after they serve their prison terms.

The march toward the bills’ passage began in August, when the South Florida Sun Sentinel reported that the commitment of sexually violent predators under the state’s Jimmy Ryce Act had slowed to a crawl. Since 1999, nearly 600 sexual predators had been released only to be convicted of new sex offenses — including more than 460 child molestations, 121 rapes and 14 murders.

The push for change was heightened when legislative committees held hearings last fall and learned that Donald Smith, who was charged with kidnapping, raping and murdering 8-year-old Cherish Perrywinkle in Jacksonville in June, was a recently-released sex offender.

“Had this been on the books, that would never have happened,” said Rep. Travis Hutson, R-Elkton. “We can’t bring her back, but we can make sure (Cherish) did not die in vain.”

By the terms of the Jimmy Ryce Act — named for a 9-year-old Miami-Dade County boy who was raped and murdered in 1995 — the Department of Children and Families evaluates sex offenders before their releases from prison. Those considered most likely to attack again aren’t necessarily released after completing their prison sentences, but may be screened, evaluated and confined at the Florida Civil Commitment Center in Arcadia until they aren’t considered dangers to the community.

However, lawmakers found loopholes in the law.

“Our (Sexually Violent Predator) Program was one of the most failed in the nation, but today we begin a fresh start in the state of Florida,” said Rep. Irv Slosberg, D-Boca Raton. “These changes are only the first step in Florida’s fresh start, but they will pave the way for comprehensive reform.”

Three of the bills are ready to go to Scott, while one must return to the Senate for a final vote because of a technical change made in the House.

The House passed the following bills:

— SB 526, which would increase to 50 years the minimum mandatory sentence for dangerous sexual felony offenders. It would require courts to impose split sentences in which offenders convicted of specified sexual offenses are sentenced to two years of community supervision after serving their terms of imprisonment.

— SB 522, which would create a process for the potential civil commitment of sexual predators sentenced to jail time. Currently, offenders can only be referred for civil commitment after prison terms. Smith, for instance, was released from the Duval County Jail three weeks before Perrywinkle’s murder.

The bill also requires that when an offender is released from DCF custody, the department must notify victims, the Department of Corrections, the Florida Department of Law Enforcement and the sheriff in the county where the person intends to reside.

— SB 524, which would create enhanced standards and training for the multidisciplinary team that assesses whether a convicted sexual offender meets the clinical definition of a sexually violent predator. It also would require private and public colleges and universities to inform students and employees about a Florida Department of Law Enforcement sexual-predator and offender registry website and a toll-free telephone number that gives access to information about sexual predators and offenders.

— SB 528, which would require sexual predators and offenders to provide a wide range of identifying information when they register, including details on the vehicles to which they have access. It also would require the Florida Department of Law Enforcement to notify the clerk of court if a person petitioning for a name change has registered as a sexual predator or offender. This is the bill that will return to the Senate for a final vote.

by Margie Menzel, The News Service of Florida


Comments

9 Responses to “Crackdown On Sexual Predators Sails Through Florida House”

  1. Technology on March 15th, 2014 11:59 am

    Here we go releasg method dealers not knowing where they live,but it was only a little bit of drugs why lock em up for so long,lookie who UST moved in next door to the park,early released drug dealer,,lol go ahead harp on this one,its ok for them to live in rich neighborhoods,parks,raise kids blow up a house or two,drive vans with chemicals in them sell to our kids,but let’s not allow someone trying to abide by the rules signing up obeying his release,to be able to go to church,or a movie with family,no,people group all people as charged without knowing reason,so let them be long as they are following rules,and start watching for ones blowing up houses and getting out early just to cook up a new batch and move in next door,or were you more afraid of them?You will when bullets come through your windows from a newly released drug dealer in your neighborhood that YouHad no idea,,…lived there,they drive nice cars,pay in cash and can live ANYWHERE they want,don’t they.Knock Knock.

  2. Technology on March 15th, 2014 11:47 am

    Go ahead ,next time your family member is texting on he and you ask who they are talking too,and they say,its ok mom it says they are18 on the profile,then they get arrested and charged as sex offender for going to a movie or party with that person who lied,you hire a lawyer and find out Florida has Not knowing real age is not a defense,your child is legally not able to be defend,so hand over your boys to the state kiss them goodbye and girls,because voting on this law you just signed them over for next 50 years,Think people,don’t say you should know your kids friends,because they have 1000 of friends on thirer Facebook pages as do you,do you really know those people you play games online and chat with are who they say? Lots of our youth are going to be locked UUP under this law or bill,so when it happens and I say when,you’llthink about this note,technology needs to catch up with laws,bring back ignorance of Age as . A defence or your family will be locked up now just for going skating or movie or lunch or something with someone losing about third age,true some people are sick but seperate them from the unknowingly ones and then decide.Tanks for voting to lock away our kidsfor50 years don’t want to hear you griping when its one of your family,and if they lie they need to be locked up too.I vote for that law to be pushed.

  3. chrs on March 15th, 2014 9:39 am

    I agree to kill them, but I cant see it happening,
    The prison industrial complex makes too much keeping them locked up.

  4. paul on March 13th, 2014 10:33 pm

    sexual predators and rapist are not worth the time to lock up or even think of rehabbing.. they should be treated as rabid dogs.. I feel the same way about crooked politicians, lawyers, judges and police too.. Think about it, all of them are protected when jailed..

  5. perdido fisherman on March 13th, 2014 7:43 pm

    Forget building more facilities to house these foul monsters, they should be put to death immediately after conviction. I do not want any more money spent on these people who prey on children than is needed to get a conviction. Like someone said they can’t be fixed, not with medication or surgery.

    The only sentencing option should be death and nothing less. If it was up to me, they would get the most painful death i could come up with, I have no compassion for this scum of the earth.

  6. Atmore G on March 13th, 2014 2:57 pm

    About time the state put some real teeth in this.. These predators cannot be rehabilitated, and will always be a threat to our children.. I totally agree with Diane in that they need to lock these animals up forever!

  7. Trisha on March 13th, 2014 12:20 pm

    I am so glad someone is finally speaking up for our children. It’s about time! While animal abusers and neglecters get major time and fines, those that abuse, rape, and, murder our children are given probation and set free to do it again and again.

    I’m not discounting the fact that animal abuse is not wrong, but you can’t compare it to child abuse. It’s just not the same. Children are our future. It’s a trickle down effect. Those that have it done to them are likely to do to others and the system should have stepped in a long time ago and implemented harsher sentencing.

    The government simply hasn’t done enough and they act as if they don’t have children of their own. If it wasn’t for John Walsh who lost his son in 1981, we wouldn’t have the Adam Walsh Child Protection and Safety Act (the sex predator required registry). It took until 2006 for that law to pass and it’s still not enforced!

    The Amber alert was named after Amber Hagerman who was kidnapped and murdered in TX; others were used before her death, but it shouldn’t take the murder of a child and that child’s parent’s strong will to make something happen before the government finally cares enough to step in and help prevent this from happening again and again. The only way to help deter people from these crimes is to give harsher sentences to those who have already done it. PERIOD. Don’t wait for them to do it again and again and again to the point when they snap and kill a child. Sentence them to the maximum punishment the first time. Make them know there are consequences. Our children deserve better. They deserve to know they don’t need to be afraid.

  8. just saying on March 13th, 2014 6:47 am

    No locking someone up doesn’t accomplish anything. We and our government need to stop being cowards. In the clear cut case of the rape of a child the guilty person should be executed. Let’s institute corporal punishment public strappings on national television. Crime will drop in half overnight. Another problem is that sex offenses have become a witch hunt. Anyone can be accused and convicted based on an accusation no matter how ridiculous. Thousands of men and women on the registry shouldn’t even be on it.

  9. Diane on March 13th, 2014 3:57 am

    Let’s get a handle on non-sense spending of taxpayer dollars and build more facilities to house these animals and just lock them up for life. No more communication with children, EVER! Put them in a cage with just enough food to survive. No TV, AC, weight rooms, etc. The child they stole from will never forget.