FDLE Memo to Law Enforcement Advising of Legislative Changes
The Florida Department of Law Enforcement has sent the below memo to law enforcement, notifying them of the recent legislative change that will go into effect in July. The change reduces the amount of time within which you have to register a temporary address. If your county’s law enforcement is not open at least 6 days a week so that you can comply with the “within 48 hour” requirement, please ask them what provisions they will make to accommodate the new law.
If they refuse to accommodate, please let us know NOW, so that we can ensure the systems are in place in time for the new law to be implemented.
SRO FDLE Legislative session bills passed
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I offer the following not as legal advice but out of concern that the states and federal government may be violating our Fifth and Fourteenth Amendment rights by forcing us to provide potentially incriminating information for use on the public registries as criminal penalties with a reasonable and real fear of prosecution if we fail to comply.
More than 50 years ago, the U.S. Supreme Court ruled: “The Fifth Amendment’s ‘exception from compulsory self-incrimination is also protected by the Fourteenth Amendment against abridgment by the States.’” Malloy v. Hogan, 378 U.S. 1, 3-6 (1964).
In 1998, the High Court ruled that if a person “could demonstrate that any testimony he might give could be used in a criminal proceeding against him brought by the Government of either the United States or one of the States, he would be entitled to invoke the privilege.” This is because it “can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory,” in which the witness reasonably believes that the information sought, or discoverable as a result of his testimony, could be used in a subsequent state or federal criminal proceeding.” United States v. Balsys, 524 U.S. 666, 672 (1998)(citations and internal quotations omitted)
Just five years ago, the High Court ruled the following: “[W]here assertion of the [Fifth Amendment] privilege would itself tend to incriminate, we have allowed witnesses to exercise the privilege through silence…a witness need not expressly invoke the privilege where some form of official compulsion denies him a free choice to admit, to deny, or to refuse to answer.” Salinas v. Texas, 133 S.Ct. 2174, 2180 (2013)(internal citations and internal quotations omitted).
So, the protections of the Fifth Amendment apply to each state via the Fourteenth Amendment, which any of us registered citizens may invoke at any time, if our answers to registration questions tend to incriminate. Has FAC or its legal counsel looked into this aspect of apparently unconstitutional consequences of the registries?
We retain licensed attorneys for legal challenges we organize and defer to them on the legal arguments and litigation strategy.
Good job TJ
TJ, then why is DNA not subject to the same? i often wondered
Mixed bag on this topic. DNA is likened to fingerprinting, but even under conditions of sex offender probation, the results of your polygraph cannot be used as evidence even to violate you…….in theory. When I worked for a state agency, we could not use sealed/expunged records as evidence in licensing matters, BUT we could “find” the “underlying evidence” elsewhere. Yeah, by using the records that we were not permitted to consider as a starting point. 😉
On the Sex Pred & Off Obligations sheet (which we have to sign everytime we go in) STATES:
(on Page 4 of 6 it states)
#1 I MUST REPORT in person to the LOCAL SHERIFFS OFFICE to register my address.
THAT IS WRONG (at least in Broward County)
The Broward County Sheriff will tell you “they dont do that at the sheriffs office, you have to go downtown to the Broward Courthouse, pay $10 to park and go inside to register.
NONE of that is printed on the paper. So FDLE is printing false info that they are REQUIRING YOU to sign, admitting that you ARE complying, yet you are giving false info.
If you want a copy of the sex offender requirements, I will send you a copy.
The Broward Sheriff’s Office (BSO) registration office is in the courthouse. That IS the sheriff’s office.
They have the sex offender registration there. NOTHING ELSE !! So, it is technically NOT an “office” for sheriff duties; NO deputies, NO call info (911) They dont even have a number you can call at the courthouse.
You are thinking of the Sheriffs Office at 555 NE 5th ST; the Broward County Jail. Two different addresses.
No, I’m thinking of the registration office inside the courthouse. First Floor, across from the clerk.
You are right. But they are not a “sheriffs office”, they are a sex offender registration office, which is NOT a sheriffs office.
As I printed out before (page 4 of 6 subsection 1 states) In person at the local sheriffs office, NOT at the local courthouse.
FDLE is giving false directives and information.
Sean, if you want to dispute it with them, you are welcome to. There are currently 270 individuals who are homeless and were displaced within the last week, as well as thousands state-wide in the same boat. We have three active litigation that we are assisting with and members whose constitutional rights are being stepped on daily.
Whether the office in the courthouse qualifies as a “sheriff’s office” or not, is candidly not a priority and not something we are able to address at this time. There are counties where registration is inside a Jail. If you have an issue with Broward or with the FDLE, please bring it up to them directly.
FAC,
Please, I am only trying to point out that not only 270+ people are homeless and are out there, alone, with no support system; law enforcement are giving false directives on where you should go, where you should register, what you should register ect.
THEY dont even know–just the same old same old “move along”.
Mr Book got shot down on his puppy mill restoration, the first of many shut down’s he is going to get as the people start to see (thru Jim DeFede’s interview) Mr Books twisted and hateful demeanor.
I am in full support of this site and what you do to help us get back to a normal life… one small step at a time.
I am going to contribute to you again, because one day, before I die, I hope to see freedom.
Thru the help of the FAC.
Sorry if I sounded abrasive. My heart goes out for those 270+ people who are homeless, regulated to horrible conditions.
I am disabled, handicapped with severe asthma, COPD, PTSD, Bi-Polar and many other things. But I have a voice, a LOUD voice (when I am not coughing).
Is there any way I can help you?
yes – we need help with our media committee.
Please contact [email protected] and let her know you might be interested.
If you can write, you can help.
The FDLE does provide a telephone number (954-831-6305) for the registration office at the Broward County Courthouse. This information is available on the 2018 legislative update and on the FDLE’S website:https://offender.fdle.state.fl.us/offender/Documents/REREGISTRATIONLOCATIONS.pdf.
The civilian employees of the Broward County Sheriff’s office are providing official duties delegated by the Broward County Sheriff as authorized by Florida statutes. In Alachua County, registration is done at the Division of the Jail by a Civil Service Technician, an employee of the Alachua County Sheriff’s office.
Before they moved into the criminal courthouse/county jail annex, the Pinellas SPOT office was always a separate office apart from any other substation. Hone I first moved here in 2003, it was right next door to a DCF office.
what a nice place for “entrapment”. The courts tell you not to be within “X” amount of feet away from kids; then they put the registration office next to a building that deals with kids.
If you go to register, they can technically bust you for violation; but if you DONT go they bust you for failure to register
Thanks for the great news.
Glad to see some people remembering that they are still Human Beings with basic rights and giving these moron lawmakers a big Middle Finger to this asinine law. Some of you actually plan to follow this stupidity? So when they tell you to jump off the bridge, you will do it? When they tell you to go ahead and kill Jews, you will do it too? I mean the Germans did it because they were only “Following the Law”.
I recall reading a few pieces of important information: if a police officer stops you, they would not be looking for the information of how many days you’ve been in Florida. The other piece of information was that the 1st time you are ‘caught’ not following this law, you are given a warning, I don’t believe that a felony is outright handed down. This may even be on an official website that I read about this. It would make some logical sense, seeing as it is ridiculous to expect everyone to know each individual state’s rights on a weekly basis.
They can PROVE in court why a law requiring reporting within a certain amount of time is SO imperative to public safety. They can CLEARLY show proof of the thousands of heinous crimes committed by Families who went to Florida and didn’t register for the duration of their Disney World vacation and ended up raping an entire village. Those pesky Sex Offenders and their families!
This makes me so sad.. I’ve been dealing with this for 12 years now and it’s only getting worse.. I don’t see the purpose for restricting us down to 3 days or any days for that matter.. I’m only 40 and I damn near cry every morning because God didn’t take me home that night. One of these days I’ll end this misery myself.
@Dan
It saddens me to hear you say that, but I most certainly know how you feel! But the only reason this keeps getting worse is because WE ALLOW IT TO! We sit idly by in quietness and shame while letting those morons in power trample all over our civil liberties. Why??? Why do we allow them to do it??? Why do we sit on here in these comment sections and cower in fear and fret over how we’re going to comply with the newest flavor of the week law???? SCREW THAT!!!!! Live your life Dan!! Unless it involves the obvious things that could really get you in trouble like not registering your address or new vehicle and shit like that, then F**K FLORIDA!! When I get off probation do you HONESTLY THINK I’m going to register every little trip I take to see my family in South Carolina, or go to visit old college friends in Tallahassee??? HELL NO!!! And I’m going to stay AS LONG AS I FREAKIN WANT TO!! I don’t care what kind of responses I get to this comment, because like Dan, I’ve had it too. So let me go ahead and save this website some time…..Disclaimer: FAC DOES NOT RECOMMEND NOR SUGGEST THAT PEOPLE NOT COMPLY WITH FLORIDA LAW. No, but MJ is sure suggesting it!!
Listen Dan, bullies will keep bullying you until you stand your ground, refuse to give into their tactics and rear back and knock the ever lovin’ sh*t out of them. Sock em right in the mouth! Why we think we don’t have the right to defy our government and resort to rioting and violence as a last resort if necessary is beyond me. Our forefathers got sick and tired of England bullying them around and they 1) Stood their ground and refused to comply with their ridiculous taxes and laws, 2) Ruffled some feathers…Boston Tea Party anyone??? and 3) And reared back and socked the shit out of England…..Revolutionary War anyone?? So until we learn to stand our ground and refuse to give into this lunacy and tyranny by the state of Florida, you’re going to continue to wish you were dead every day Dan because you’ve given up and lost your will to fight, and once that happens, then yeah, you might as well just be dead then.
I was in your shoes once my friend and then I turned my depression into anger, and my anger into action. Defy and resist Dan. Live your life. That’s my PSA for the day.
“Where the people fear the government you have tyranny. Where the government fears the people you have liberty.”
-John Basil Barnhill
“Power in defense of freedom is greater than power in behalf of tyranny and oppression, because power, real power, comes from our conviction which produces action, uncompromising action.”
-Malcom X
“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
-Edmund Burke
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”
-Charles de Montesquieu
“The secret of freedom lies in educating people, whereas the secret of tyranny is in keeping them ignorant.”
-Maximilien Robespierre
“There are three things in the world that deserve no mercy- hypocrisy, fraud, and tyranny.”
-Frederick William Robertson
I totally understand I’m going on 21yrs for a false Attempted charge that is really a corruption case to silence me about information I have about North Florida Law Enforcement Agencies. I am very sick & in & out of the hospital alot It is absolutely impossible for me to know ahead of time to notify the SD OFFICE within the time frame that is required currently I’m still recovering from sepsis and my stomach has quit working I am tired of living this way.
Dan, you are not alone in the thought of ending it all! 21 yrs wasted of my life. FU Florida
Hillsborough County told me, “You’ll just have to come in our next open day.” That was before the FDLE directive. If that remains, than I commit a felony because there is no one to report to on a Friday night for a weekend in the keys(for example). Abhorrent!!
When I got here in 2002, the residence threshold was 10days. Then it was downed to 5. Now to 3.
I established homestead here under the premise of the 10 day law. Now in order to escape the retroactive changes, I have to uproot all of my children, their schools, my family, and my business? Total crap!!
The effect of this is so much more far-reaching than me and a qualifying offense from 30 years ago this November. As a matter of fact the impact here is greater on my loved ones, than on me. I could give shit at this point! They are collateral damage. Someone needs to stand up for them.
When your policies victimize a child of a registrant, you deserve to be on a list.
This needs to be the “enough is enough” moment
It would be nice to flat out ask the FDLE about it being retroactive
I am being told the it does not apply to me my crime was in June of 1999
You are being told by whom?
You are welcome to ask the FDLE whatever you like. Their email is [email protected]
if they send you any reply other than that it’s retroactive, please let us know.
I too would like to know what FDLE’s response is.
My case was from 1995. Jurisdiction was Illinois. I just recently had them remove me from thier database and from the national data base. After 10 years if no arrests illinois releases your requirements to register. However I asked the columbia county sherriff office to take me off and they refused.
2 things here
1 ex post facto. Conviction was in 1995
2 my convicting state removed my requirements to register.
Can anyone tell me if and/or how I can be removed?
Thank you
complete a case consideration form and we will pass it on to the attorneys
Florida is forever. The statute says something like, ” or a similar crime to FL statutes.”
I’ve been off the NY registry for almost 3 years. Still on Florida’s.
I understand that even after death you remain on the FL list
I wonder if Heaven cares if you are on the ‘list’?
Heaven is pure unconditional love and does not care one tiny bit about manmade laws. Heaven only cares about people harming people, FOR ANY REASON, and karma handles the cause and effect payback. Men, who have no real authority over others but have taken it by force, have been interfering with the Universe’s way of dealing with harm for millennia.
If you harm anyone for any reason, especially for money, i.e. a paycheck (includes cops, prosecutors, judges, affiliate businesses and corporations who profit from the immoral jail and prison system) the Universe is watching and karma never forgets. I sleep well at night knowing they will all be repaid, in this life or the next.😌
Service to others, forgiveness and non-judgement, and loving EVERYONE unconditionally is alchemy and helps erase a multitude of sins/shortcomings (all have fallen short of the glory of the highest vibe of unconditional love.) We truly ALL are in this together.❤️