Indian River County Violating Florida Statutes
We received notice that the Indian River County Sheriff’s Office has recently changed their registration procedures and the new procedures violate Florida Statutes.
A sign posted in the registration office in Indian River County announced that effective April 1, 2021 re-registration would take place in person, by appointment, Tuesday, Wednesdays and Thursdays, but that information updates would be conducted via telephone. A photograph of the sign was sent to us by a member and we have posted it below.
Florida statutes requires that certain information updates be made IN PERSON. (ex: Vehicles Owned – :”A sexual offender shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes.”, also Travel – “A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state”)
Florida statutes further provide that “Any sexual offender who fails to report in person as required at the sheriff’s office, … commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
While the revised registration procedures are certainly more convenient, they are also illegal and subject persons required to register to arrest.
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It’s telling that the Florida registration requirements have become so burdensome ON THE POLICE THEMSELVES that they will not even comply with them. The Florida Sheriff’s Association asked the Legislature to allow us to update vehicle changes online because sheriff’s offices around the state have become overwhelmed with registrants coming in person to report the changes, but that somehow got entangled with Lauren Book’s Orwellian definition of “a day” and didn’t become law.
Shouldn’t this be helpful evidence in the current legal challenges? The reporting requirements are so burdensome that even some sheriff’s offices apparently cannot (or will not) comply with them.
RM – please send any evidence you have of the Florida Sheriff’s Association asking the legislature to allow vehicle updates online to [email protected] ASAP. That would be very helpful.
FAC
Some good news that I have seen on tv like 15 times . A big win for ALL citizens of Lake county. Someone sued Lake county for the over 100 license plate readers on poles all over the county. The people won and they are ALL coming down now.
https://www.wftv.com/news/video-surveillance-cameras-installed-along-lake-county-roads-without-permission-be-removed/167321fc-13a5-4feb-a181-6365ef42d436/
This is, in fact, great news!
Hard to be compliant when registration isn’t available 24/7 and not at different locations for those who travel long distances. I can’t remember how many times I went into register when I was going to travel out of Florida and the deputies didn’t even understand the law. If people are a threat to society at time of sentencing than leave them in prison, people who did their time leave them alone. Florida politicians need to be registered for harming Florida communities.
They have not only become burdensome but the majority of Law Enforcement know it is a waste of their time.
RM
Whoa, hold up. You are making WAY too much sense. On the other hand, If any of the registry pukes had common sense, none of us would be in this mess.
While reporting by phone is convenient and reporting in person is and can be a pain in the rear. I personally don’t like the reporting by phone. Most of our info is plastered all over the internet for the public to see. God only knows what a hacker can do with some of that info. While uncommon but let’s say you have a neighbor who is hell bent on getting you out of their neighborhood or who has a vendetta against all RSO or just to simply get you locked. They could use your info from the registry via the internet. Then report by phone some bogus changes. You’re now unaware of these changes and not in compliance with the the registry. It sounds farfetched but I wouldn’t trust the by phone reporting, especially when the consequences are so heavy. There is no way to positively identify you by phone. Just like they can’t positively say you’re living somewhere by calling you and without an in person visit to your residence. Its definitely not a loophole in our favor. If this flyer at Indian River County SO is legit then another thing this county needs to be reported for is not adhering to time constraints of us being able to report in 48hrs by only being open on certain days. You can’t require someone to do something and then not be able to meet those standards by not being available. If the Sheriff’s offices are having problems keeping up with this for whatever reason, maybe due to lack of funding, personnel or whatever It is, it is not our fault. The sheriff’s offices can’t make their on rules or amendments to what legislators have written. Then the sheriff’s offices should join us in the push back against the legislators for coming up with all the BS.
You do know that vehicle information is posted to the internet regardless of whether it’s reported in person or by phone, right?
A few years ago, my husband, who was on sex offender probation at the time, bought a new truck on Friday evening. Oops! I realized he was already going to miss the 48 hour reporting requirement because they are closed on weekends. Then I remembered Monday was Labor Day and the registration office was probably going to be closed that day too! Now I was about to panic and seriously considered making him take the truck back. I knew he was going to get a charge for sure and/or get violated. He went there Monday anyway just so he could say he did (yes, they were closed). I googled, I searched, I read, I paced, I got frustrated and could find no info on what to do. Tuesday he was there the moment the office opened and apologized for not being able to register within 48 hours. I couldn’t believe it when the officer said, “We were closed. As long as you’re here the next day we are open, it’s ok.”
And I waited for weeks for him to get arrested for not registering in time, thinking it was a ploy. It wasn’t so he didn’t.
Still not entirely sure it’s not a ploy. If they really wanted to get someone, I have no doubt they would use something like this to do it if necessary. And we live in Bay County. Yep! Good ole boy, I mean Bay, County.
WAIT a damn minute. So if you have to do some it by phone, HOW do you get a hard copy of receipt proving you have register? If it is YOUR word against a law enforcement official that you never registered, who do you think they are going to believe?
They would have to drag me out of their in chains before leaving without the proper and legal proof I registered. I have a huge filing cabinet full of all my registry visits all the way back to 1997. Is there going to be a chute like the drive through at the bank with a tube that shoots out the receipt?
FAC remind us what is the statute of limitations on FTR. Because I suspect filing cabinets such as the above member’s are unnecessary. 1997?
F.S. 775.15: prosecution for a 2nd or 3rd degree felony must be commenced within 3 years after it is committed.
I can’t think of a practical reason to retain registration receipts older than 3 years. Can you?
Document
A few extra feet in the corner for a filing cabinet vs going to prison is worth it to me. The only way I get rid of any receipt is if I sell an item or it breaks and I throw it away. I will shred them once I am off the registry.
I defer to a post someone on here submitted last year. Law enforcement stated to the person that they had no record of them registering X amount of years before and if they could not produce proof they did, they were going to be arrested. Looks like they were fishing to find and excuse to arrest that person. But as far as I am concerned, even if they arrest you and have to let you go, an arrest has been made and you are screwed when you try and get off the registry.
My final thought : Everyone on here has to do what THEY feel is right. I know one guy who as soon as he walks out of registration, the paperwork goes in the trash. On the other end of the spectrum is me, who has receipts from the Vietnam War.
Cherokee Jack
I would also say you have documentation of compliance the whole time you have been on the registry. Might be useful whenever you have a chance to get off the registry. I keep mine just in case along with travel documentation. Florida almost got me in trouble with Massachusetts when the sheriff office didn’t tell them I came back. Took Massachusetts a month later to call me giving me the third degree and I said, with all due respect I followed the law in Massachusetts and I can send you proof. Never heard from him again. If I screw up it’s on me, but I’m not going down because of miscommunication between two states. My t’s are crossed, my i’s are dotted, minding my p’s and q’s because all of this is sofa king dumb.
Brandon
Years ago I traveled to a hick town in South Carolina with my sister. We were going to visit my Grandmother (Now long since dead). I loathed the fact I had to go to the small town Sherriff’s department there to register because we were staying for about 5 days.
I made sure to bring my sister with me as a witness. There were at least 15 uniformed Deputies inside the room with a glass window. When I spoke through the glass and told them what I was there for, there demeanor changed with a snap.
I was scared the entire time they were going to come out and harass my Grandmother but I never saw them even once the entire time after that first visit. And they stamped my paperwork showing I had really been there. The registry was Super new so I doubt they really even knew what to make of this new form of punishment and harassment.
Oh yeah…. Thanks CherokeeJack. That was my other point I forgot to mention about reporting changes via phone. I personally would rather report changes by phone but not when the consequences lead to 3rd felony charhes and mandatory minimum prison sentences. Especially when, like you said, you have no hard copy to prove you reported any changes. The hard copy has your signature and the officers signature etc on it. I’ve had several instances at the Dixie county sheriff’s office where I added several email addresses and social media accounts etc to the registry and had it on hard copy but when i went in for my semiannual report, those internet identifiers was not saved for whatever reason. Maybe the clerk forgot to hit save or something? I don’t know but it’s always best to have that hard copy and verify the changes are on that hard copy before you leave. If anything happens in the future you have proof that you covered your responsibilities.
I think the best thing to do in a situation like this is to record it. Make sure to get the person’s name and title and record the date and time. If your state’s laws don’t require you to inform them that you are recording, then don’t tell them.
In all likelihood, this was probably a move made by the “offender tracking specialist” for her own convenience. Concerning that she is apparently ignorant of the law if so.
I think the title of this thread should be something like “Indian River County FTR entrapment sting revealed.”
When my husband went in for his bi yearly check in May had to report a new vehicle with a temp tag, the detective told him he could call him directly (he gave my husband his cell number) when the permanent tag came in. I told him absolutely not, it’s your word against theirs that it will be taken care of. (This was in Duval county) . Also, a question I do have is, I thought county ordinances out weighed state ones(i.e. the Halloween thing) How is this any different?? I’m genuinely curious.
First response is if your husband did call it in after the detective said it was ok and then got arrested, do you really think the detective will say, “oh yeah, i gave him my cell phone and told him he could call me”?
Answer to your question is there is state statute, County ordinance and City ordinance. It’s essentially a Chinese menu where you pick the harshest of the three columns.
He definitely went back in person with the tag in hand so there wouldnt be any screw ups. And I find it crazy that the laws are that wish washy. I guess I shouldn’t be that surprised.
Andrea
When it comes to registration laws dont look at them through a common sense viewpoint, you’ll end up with a headache. Always do what is required by law in person regardless. It’s your husband’s word against the cops.
EVERY interaction with the pigs should be recorded. Record every phone call. When you go in to register, bring a camera, and make sure its recording from the time you enter till the time you leave the property. Save a log of every electronic correspondence. These people sanctimoniously prattle about the need to hold SOs accountable, but they are terrified of being held accountable themselves. LET THEM KNOW YOU ARE WATCHING.
First most registration offices are in jails and they will not let you bring a cell phone in with you. No electronics. Second if you want to record your conversation you have to get their permission. Florida is a two-party state and they have to be aware they’re being recorded and allow it for it to be submersible in court as evidence.
JD
The place I register I see guys right in the registry dungeon on their phones. Talking, texting, looking at Meme’s etc. just a few feet from the Stalag 13 chambers.
KLM
Please do not insult pigs. They have feelings. And they really give us delicious bacon 🙂
What do the registry Nazis give us? Answer: Well nothing good that I can think of.
Are you pointing out the fact of reporting in person verses on the phone? Is this a COVID policy change locally?
Example- in Tennessee during 2020 they changed our in person reporting to phone only. I did not complain at all!