[Valigator]

and to the probation officer of this freak....


8.30 Additional terms and conditions of probation or community control for certain sex offenses.--Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section.

(1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed:

(a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions.

(b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender's place of residence to the nearest boundary line of the school, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route.

If s. 948.30 was effective January 1, 2006 and the conditions of supervision do not require oral pronouncement then why isn’t the Florida Department of Corrections enforcing these conditions for cases that did not previously have these conditions imposed at time of sentencing?

I have been told by many DOC Probation Officers that they are not allowed to enforce conditions that are not on the orders of supervision although there is clear language in this statute oral pronouncement is not necessary. Is DOC misinterpreting this statute or is there some mechanism in place which allows the Florida Department of Corrections to ignore the laws or pick and choose the ones THEY decide to enforce? It simply makes no sense at all to pass new laws closing sex offender loopholes and expect enforcement of said laws when in fact they are unenforceable for existing cases prior to enacting the law. The bottom line is that despite this law we have child predators on DOC supervision living and working 1,000 feet from where children regularly congregate despite legislative efforts to restrict their contact with children. This is unacceptable.

I’d like to see either the Florida Department of Corrections step up to the plate and enforce this law as written or an amendment to 948.30 further clarifying the enforcement of said conditions.

Ms. Friedman, if I ask 4 different Law Enforcement agencies the definition of this statute, I will get 4 different interpretations. Davie, with all of its affordable rentals, has been a dumping ground for offenders for years. I have spent a great deal of time and effort trying to clean up a city with a disproportional amount of bad guys in relation to the population. A population that I might add is made up of many young families with young children who can least afford a hit from one of these guys. It is not my place as a taxpayer and a homeowner in this city to argue over laws with an officer of the court as yourself. I expect you to enforce them, as many were written with the blood of our children. Mr. Darlow meets all the criteria for this 1000 ft statute. I personally find it appalling and self-defeating to me, the community and in many ways Mr. Darlow, that these conditions have not been met prior to your approving his living proximity. You need to know there is a 7000 sq.ft. daycare on BCC property which encompasses 150 acres. Do not think I am at all unsympathetic to your position as a PO and its responsibilities concerning the ever increasing restrictions on sex offenders. But Davie is not going to be a town where relaxing 1000 foot rules will be the norm. In all fairness to you, I have written the Governor on down concerning this and have filed a formal complaint. Thank you for finally responding to me.
Valerie Parkhurst