If you reside in DeBary and are being told you need to move from your home, please contact [email protected]
DeBary’s City Council passed an ordinance expanding regulations over registered sex offenders.
The ordinance bans registered sex offenders from community pools, water parks, school bus stops, and other private and public areas. The ordinance also increases the distance sex offenders can live from these places.
The previous ordinance kept sex offenders 1,000 feet away from parks, schools, bus stops, and other areas you can find children. Now, the distance is 2,500 feet.
Volusia County Sheriff Mike Chitwood says he worked with community members to update the ordinance after people voiced concerns. He says registered sex offenders in violation of the ordinance must move.
“You better read this ordinance, before you rent to somebody and do a background check,” Sheriff Chitwood said, “because they’ll be relocated now with this ordinance. There’s no grandfathering-in or anything.”
The ordinance took effect upon approval. Sheriff Chitwood hopes surrounding cities will also update their sex offender ordinances.
so if a SO does not live near that town and owns a business that says paint homes and he paints a home there or just drives past a condo or apartment complex, etc… with a pool or drives past a church and a cop happens to be nearby that the patrol car is outfitted with lic. plate readers on it they will be arrested just for being near a place or painting a home near a place and with 2500′ most likely anywhere in the city.
a parent is now unable to go to their x’s house to pick up their kids for weekend visits.
yes this is America and your free to travel unless you been deemed an undesirable sex offender then you better not travel anywhere or your subject to arrest for going to the doctor’s office in this town. also, you can’t attend church in this town.
just wondering if this meeting was held in a place where SO’s can’t go.
so with this new law will this town now be violating the sunshine law as i will not be allowed to attend the public meetings?
Yes, Brevard has had the proximity ordinance for years. No one has challenged it in court yet, so it remains. When I lived there I could only shop at one store: The Walmart on Malory but could not go into the garden center because it was within the limit. Impossible to live there, due to this banishment ordinance, so I moved…
Jed, I know what you mean about Brevard. I experienced having to go out of my way just to do basic shopping, getting a haircut, and dining out. I have written the county commissioners several times about their justification for the ordinance and the false basis on which they based it…a twenty year old Supreme Court justice commentary on high recidivism of SO’s which was since rescinded as being false but too much of an embarrassment for them to redo the ordinance. Virginia has a similar ordinance except it is based on loitering and not proximity. There one can dine in a restaurant across the street from a child care center with no problem…not so in Brevard. They have all thus far been too cowardly to respond. I have even requested a face to face meeting and still no response. It shouldn’t surprise me or anyone. Since I came off of probation and GPS monitoring, life is almost back to normal. The sheriff’s department has real criminals to concern themselves with, not an RSO buying a loaf of bread.
Regardless of what your religious beliefs are, when someone is not allowed to attend church, the Constitution says that is a violation being able to assemble for religious services and believe that would open a can of worms so large that it would lead the way for even more lawsuits.
Y’all think this is bad wait until marijuana gets legal and they can’t sentence people every day to a years probation for what’s legal in a lot of states so who you think is gonna fill up the jails? Theyre gonna make the place look good “we got 30 percent sex offenders in here” but what they aren’t gonna say is all on violating their life time punitive freedom on laws that in themselves isn’t crime or dangerous to anyone. We are taking marching orders when we shouldn’t have to ever talk to a sheriff again unless we are doing something wrong instead we report to them and give recorded testimony without right to remain silent. They Sherriff I guess is my keeper 2-50 times a year depending on your life style and work.
Yes, it is lifetime probation and nothing else! Are rights have been illegally stripped and no one cares.
We are the designated whipping boys for all of society’s problems to be blamed on…actually we are great diversion for lazy LE and manipulative politicians – perfect example of that is professional victim Senator Lauren Book!
I am an atheist but if there was a place in hell for hate-filled useless politicians Book would already have a place reserved!
How can a government make it illegal for a citizen to go to church? Can they blanket EVERYONE like this? A retroactive law that just wipes away any constitutional protections and is a setup for prosecution. No effective date to start this additional prosecution just retro it to whenever.
I have a suggestion and it’s not directly related to this. Go after and pursue some small poor town, etc… in Florida that has residency restriction and then use that win as a precedent for others to follow.
let’s find a plaintiff. Please!
Having just read the DeBary ordinance posted by JZ, doesn’t the incorrect data in Section 36-31 (d) used to support such an ordinance, make it highly likely that the ordinance would be struck down in court?
Thank God for the Florida Action committee helping to disseminate information and offer guidance and support for the victims of these thoughtless residency laws! I’m about to make another donation to FAC now!!
Wow. For every one step we take forward, we are knocked two steps back. First of all, the “facts” in the referenced article aren’t exactly accurate. The existing ordinance:
https://library.municode.com/fl/debary/codes/code_of_ordinances?nodeId=PTIICOOR_CH36OFMIPR_ARTIISEOFRE&showChanges
which hasn’t been updated yet on MuniCode, already has the 2,500 foot rule, so it wasn’t increased from 1,000 like the $hitty article states. The “reporter” obviously didn’t do her homework, just parroted what $hitwood bleated.
What has changed is actually an expansion of prohibited places for establishing a residency within 2,500 feet [private parks, public and private waterparks, community pools, and just for “predators,” bus stops]. The grandfather clause [residency established prior to August 1, 2005] is still in the ordinance, contrary to $hitwood’s bleating. However, it should have been updated to the effective date of this ordinance.
Secondly, the ordinance also adds a proximity ban for schools, day care centers, public or private parks, public or private waterparks, playgrounds, recreational open spaces, libraries, community pools, and churches [no freedom of religion in DeBary!]
All aforementioned places AND bus stops [which were only supposed to be for “predators”] are unlawful for landlords to rent within 2,500 feet of. In all of these sections, the ordinance previously and continues to go out of the boundaries of DeBary into Orange City, Deltona, and unincorporated Volusia to be included within the 2,500 foot boundary. [How is this even possible?] The new ordinance is posted here:
http://debary.org/Pages/DeBaryFL_CouncilAgendas/2019/20190703R/S027018F8.1/OrdNo07-19sexualpred.pdf
Given that DeBary is a city of about 20 square miles, this is effectively banishment. Oh, and when $hitwood says “he worked with community members to update the ordinance after people voiced concerns,” turns out those “people” are the DeBary Golf & Country Club homeowners association. I learned this from watching the $hity council meeting. The ordinance comes up around 25:30 and is approved by 28:50:
https://livestream.com/DeBary/events/8709508/videos/193347420
Two of $hitwood’s shills are present, Detective Lee and Captain Forton. Not sure if it’s related to this ordinance, but there’s a special council meeting on July 17:
http://debary.org/Pages/DeBaryFL_EmerNews/02704C55-000F8513
Just watched the first discussion by the city council Oafs re: this change, at https://livestream.com/DeBary/events/8709376/videos/192780956
The SO residency restrictions nonsense starts about 2.5 mins in, and ends about 24 mins later. The cop who discusses this BS seems to indicate that there will be a grandfather date of Aug 2005 (those living at a residence before that date will be immune from the changes). Another city council oaf later “seems” to ask whether renters under lease will be kicked out – apparently, they will be forced to move as of the end of their lease? Sorry that I’m not clear on these two issues, as the oafs don’t communicate too well. I will try to watch the video stream again slowly (maybe with an oaf language translator).
The very quick, unanimous vote for this ordinance happens on 7/3, about 28 mins into the meeting.
“no grandfathering-in or anything” … boy there’s a great example to follow.
This is prime to be overthrown in court. Almost wish I was living there to be the first to sign the complaint against the city.
This is AWESOME! This law is so outrageous it can’t help but be struck down and in the process doing considerable collateral damage to residency restrictions in general. Broward just relaxed their restrictions to help avoid the sits that this law is going to bring. Broward figured it’s better to have some restrictions than none. I’ll almost guarantee no one consulted a knowledgeable attorney before they brought this out. Idiots! (I think we may end up thanking these idiots, though)
Sheriff “Shitwood” is a showman and will do anything, support anything, or say anything to get has face in front of a crowd. Logic and common sense is not one of his strong points…not even one of his points at all. If this doesn’t fall into the category of ex post facto I don’t know what does. Who are they trying to protect? There comes a time when we must tell these ‘self-appointed’ protectors of humanity to take their ordinances and place them where the ‘sun don’t shine’. Enough is enough.
Every time his deputies make an arrest, Chitwood calls the suspects Scumbags on the news. I admit some criminals probably are scumbags but a Professional sheriff you would think would be a bit more professional an admit that everyone is eligible for due process before being called names. I am in no way siding with people committing crimes but even when I worked in Law Enforcement, I treated everyone with respect no matter who they were or what they had done.
I dont see how the Sheriff remarks are without punishment intended “Grandfather in or not” His remarks show he has agenda to future punish anyone with the Register status
Please – anyone in this city who is in jeopardy of losing housing, contact us.
What’s the timeframe that they were given to leave? I’m tempted to send each of them a postcard with your number on it, since there’s only 24 of them (according to the FDLE site, at least)
We’re still waiting for one of them to step forward.
Doesn’t answer the question. When do they have to relocate? 30 days? This weekend? Tomorrow? Don’t want to send the postcards if they’re not there to receive them.
No Clue – I don’t know of a single person who was asked to relocate and therefore can’t tell you what deadline they were given.
The state of FL grandfathered me in with the 1,000 ft ordinance because I own my home. Is it legal for them to tell a homeowner they have to move and or sell there house? I have live 50ft from a public park for 15 years. I promise you I’d fight this as far as I had to.
It should not be – if anyone is in this situation, contact us.
It is funny, the school board moved the school bus from in front of my house but as soon as the kids get off school they play in the street in front of my house LOL I have lived here so long some of them with kids were kids themselves when I moved to this house.
Cherokee, I know what you mean. I am grandfathered in my home of 15 years. My neighbors know about my background and they also know about my real character. I chose to not live in the shadows many years ago. Today my neighbor’s children play in front of my home…sometimes in my front yard…and they know I mean them no harm. My granddaughter and her friend visits with no problems at all. It is only the ‘professional victims’ who want to continue the paranoid myths to support their failures in life. We cannot lose confidence in ourselves and the mission we are on to educate society about the truth. The truth will set us free.
Hey a few weeks back I thanked you for your service. My Dad served 27 years in the U.S.N and I was born on a Navy base.
BTW I sometimes post as Jack and sometimes Cherokee Jack, they are both me depending on my mood lol
Understand. It can get frustrating at times.
Ive never felt this way until reading this. I came from ny off of 22 years of no issues and no public registry as i had been responsible for transport not possession or viewing. One day a deputy takes me and says i absconded yet i had told nys i was coming even though im not on any probation nor supervision for 20 years at that point. The county filed no information and did not pursue but for some reason the florida doc registered me. I had a great career worked for feds and private sector. Now life is pretty much over. I see my children and as much hope as i had they would not be affected: now i see im the one to lead them
Into shame. Since i was put on the registry we figured wed stay in florida maybe things would work out. They wont even expunge the arrest they didnt want to prosecute. I dont see any hope. How can this have happened.
I appreciate all of the positive comments and encouragement from FAC members and agree whole-heartedly with these people. Ordinances, such as the one passed by the DeBary City Council, are not so upsetting to me, though, as the comments made by the leaders of these and other communities. The harshness can be overwhelming. But I agree with others who say we need to put all of this behind us and move on with a positive attitude, seeking to do whatever good we can in these situations. It seems that the only way any progress can be made in the state of Florida is through the courts. That is why I continue to give what I can monetarily to the lawsuits being brought by FAC against these municipalities/counties, and encourage others who have the funds to do so.
I see lawsuits coming, as soon as they ask someone to leave their homes, because of a (feels Good to do) if they haven’t had any issues, why start one ?
I have had my windows shot out, All the neighbors bring their dogs to my yard to do their business. I have had my mail stolen ( By the mailman ) Have had people knock on my door and tell me to move who didn’t even live on my street. I refused to move so over the years those neighbors moved. I have been at this house 25+ years and am not moving. The neighbors who stayed either do not judge me, put up with me or hate me. I have one neighbor who stares at my house every time she passes like she is going to catch me performing a lewd act at the window when she drives by.
Another publicly elected Sheriff advancing his career and political ambitions off the backs of societies most vulnerable to injustice by politicizing, and creating hysteria and fear among the public allowing unconstitutional laws, and paranoia to continue to ignore reason, logic fact based data to the contrary.
What “people” have expressed the “concerns” he states are the reason for this new banishment ordinance? Who are they? What are they “concerned” about. Did they ask for this new law knowing the devastation it would cause by uprooting offenders and making them move, and to where can they go, except the streets? what are their reasons for these “concerns”?
Have there been numerous crimes committed in the areas that are now forbidden necessitating this new ordinance?
Why is he advising surrounding cities to “update” their sex offender ordinances, with no knowledge if they are needed outside his jurisdiction?
Another case of a Sheriff bound to uphold the constitution, and treat all of his constituents justly, and fairly, knowingly breaking his vows, ignoring reason and logic, along with the complicit law makers doing the same, knowing no one will care, including most judges or juries in repealing the unconstitutional laws, all to advance themselves for political gain.
Last year when he was off duty, he got caught carrying a gun concealed while going through a TSA check point. They gave him a pass even though he was not on duty and was not carrying the gun for work nor did he declare it but just forgot.
On the other hand, a hard working American who has a concealed weapon and simply forgets does not get to return to their car with the gun but is arrested and has their license revoked and become a felon.
Double Standards
Sheriff Mike Chitwood should be sued in this too.
“There’s no grandfathering-in or anything”
so if a RS has been living in the same house for 20 years,regaurdless if they own or rent, they will have to move because of this new ordnance ? I dont see how that can be legal .
wheres the aclu ??
Find us one plaintiff who has been told to move and we will facilitate a lawsuit.
According to FDLE, there are 24 persons required to register with an address in DeBary, although it’s not clear how many of these people actually reside within the city limits. So the city council in a municipality of over 20,000 people passed an ordinance that will affect at most only two dozen people or 0.12% of the population. This looks like a targeted hit. It’s therefore similar to a bill of attainder, which both the Florida and United States Constitutions explicitly prohibit. The Maine Supreme Court struck down a sex offender restriction law on the grounds that it was a bill of attainder in 2015 (Doe v. Anderson, 108 A.3d 378 Me. 2015).
Ex post facto legislation is unconstitutional and I am beyond sick and tired of legislators and worse yet judges ignoring this. This one-upmanship is exactly why there should be one uniform state standard. Each town or county should NEVER be allowed to enact their own residency restrictions. Period.
It seems the courts in Florida just don’t care what the Constitution says about ex post facto legislation where registered citizens are concerned.
South Carolina has that law. No districts can impose tougher laws than the state law… All cities are the same. no crazy hodge podge of laws impossible to comply with.
It is not different than the Marijuana laws. The Feds say it is illegal but many states legalized it, basically overriding Federal law. As long as the the Feds, States, Counties, cities are not on the same page, there will be confusion and abuse of power and authority
This is absurd, Unconstitutional, double jeopardy to the 2nd power to say the least.
“No grandfathering in”, how can anyone, let alone an SO just simply have re-root themselves and their family elsewhere at a drop of a dime due to a new “city ordinance”… this is so wrong… how about implementing mental health awareness and prevention programs, society reintegration, 2nd chance programs… this is just so wrong..
The same way they threw the registry at some of us decades after we were sentenced. If the registry was part of the system when I was sentenced I would have fought my charges to the death. This is like when we were kids and called someone an Indian giver. Changing the deal after the fact.
So your telling me that if I had bought a house within legal means there they can change the laws when ever they want and just tell me to sell my house and vacate. I am currently close to selling my house in ocoee where I cannot live at all in the city regardless of distance, We are looking to buy in or near lake county and I am really stressed right now trying to find a house to buy. To think that Debary can do this at a whim because people voiced concerns. Just goes to show you how feel good the laws really are. The thought is scary. This reminds me of a scene in Harry Potter where Harry goes to court and Dumbledore recites the law for the whole jury but the head judge declares laws can be changed if need be (with a red face).
I was wondering what Chitwood ( The Sheriff ) was doing over seeing Debary then I remembered Debary does not have a police department and is policed by the Sheriff’s office .
This even legal? How did this happen pit of the blue?
The hateful stupidity continues marching forward in Florida with no end in sight. Truly sickening. What a pathetic state to allow the abuse and segregation of its citizens.
NOTHING they have done provides any additional safety and actually diverts the attention from the real perps…the kid’s coach, uncle Joe, the local priest – you know – actual sex offenders aka someone the child and/or parents already know.
These sex offender laws are nothing but emotional manipulation by LE and shady politicians like Senator Lauren Book aka “professional victim” and all around hate-spewing lair.