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Opinion
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Guest Column
Bipartisan support is closing Florida’s sexual offender loophole | Column
Sex offenders should have to register even if they haven’t paid their fines.
A bipartisan bill is making its way through the Florida Legislature to deliver Florida families the peace of mind they deserve — that criminals who commit the most egregious crimes against our children will not be allowed to hide in plain sight, writes Rep. Linda Chaney.
A bipartisan bill is making its way through the Florida Legislature to deliver Florida families the peace of mind they deserve — that criminals who commit the most egregious crimes against our children will not be allowed to hide in plain sight, writes Rep. Linda Chaney. [ IVY CEBALLO | Times ]
Published Apr. 12
Updated Apr. 12

The case of a Tampa man who molested two young girls at a community pool but has not had to register as a sex offender has exposed a loophole in Florida’s law that is a concern among parents, law enforcement groups and child advocates.

The Tampa Bay Times covered the story of Ray La Vel James, who was convicted of molesting the girls in 2002. James served 15 years in prison and was given a $10,000 fine. It was expected that upon his release, James would have to register as a sexual offender. But the loophole allows him and other sexual predators to live freely in our communities and prowl online without the stipulations of the registry like community monitoring and residency restrictions.

Linda Chaney
Linda Chaney [ FLORIDA HOUSE OF REPRESENTATIVES - ROBERT HUNTER | Provided ]

The Associated Press has reported that the number of sexual assaults is steadily on the rise since the registry was formed, and estimates there are 29,000 sexual offenders in Florida. The non-profit Lauren’s Kids, started by Lauren Book, my colleague in the Florida Senate, states that one in three girls and one in five boys experienced sexual abuse before they turn 18.

But James, like many other offenders who many families and advocates fear could skirt the law as well, has been able to avoid registering because of how the law was written.

Attorney General Ashley Moody quickly stepped in to defend the original ruling and insisted James should have to register. Florida’s top prosecutors and child and advocacy organizations also pleaded with the court to hold James accountable.

The judges who heard James’ case agreed with him though that he did not have to register because he had not completed the terms of his sentence, which included the $10,000 fine. Due to James’ financial situation, he could not pay.

The court referred to it as an unintended consequence, stating they are “bound by the plain meaning of the language used in statute. ... This is an issue for the Legislature to address, and not the courts.” I call it a travesty that James is walking free without having to register for the heinous crimes he committed.

However, we have to commend the courts. Too often we hear about so-called activist judges who try to rewrite law from the bench instead of simply applying the law as written. These judges did their job, and now it’s the Legislature’s responsibility to close the loophole and fix the law.

As a member of the Florida House, I sponsored HB 193 to close that loophole and make sure our children are protected from predators like Ray La Vel James. As of today, the bill has unanimously passed each of the committee stops it must pass before being considered on the House floor.

A companion bill to fix this loophole has also passed the Florida Senate unanimously. My colleagues in the Florida House will have their opportunity to send this bill to Gov. Ron DeSantis’ desk to deliver Florida families the peace of mind they deserve — that criminals who commit the most egregious crimes against our children will not be allowed to hide in plain sight.

To keep your children and family safe, there are resources you can access at the Florida Department of Law Enforcement website to search for sexual offenders and predators in your community.

Rep. Linda Chaney, a Republican, represents Florida House District 69, which encompasses the South Pinellas beaches, Gulfport and Kenneth City.