Is your local Sheriff making up their own rules for sex offenders?
Here’s a scenario that happens frequently. We get a call or an email from a member that begins, “I just got back from registering and they told me I need to…”
What follows, too often, is a description of some “requirement” that’s either a complete misinterpretation of the law or simply made up.
Wanting to make sure the member simply didn’t misunderstand and to properly document the event so that we can address it, we tell the member to ask them to put it in writing or cite to the section of law where that requirement can be found.
The answer is almost always “we don’t put anything in writing” or “talk to your attorney”, but occasionally we’re surprised that they will, or more shockingly, that the erroneous information is posted on a sign right in the registration office!
Case in point: Duval County. The Duval County (Jacksonville) Sheriff’s Office posted a sign with their requirements for registering Internet Identifiers. Their requirements are that ALL require registration.
You can find FAC’s letter to them, as well as a picture of their sign here.
If your county registration office or someone in law enforcement is requiring you to do something you are not required to do or preventing you from doing something you believe you are entitled, by law, to do, please let us know.
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As of last week, the sign was still on the wall in Duval. I would be surprised if they respond to FAC.
I dont think that FAC is going to get a reply back from Broward Sheriffs Office on the “illegal wrong doings” they are doing down here also
Making up rules:
This is interesting. Holloween rules for sex offenders. I live in Georgia and every county is different! Decalb County the county I live in we had to sign a document stating that we must be at home from 6pm to midnight. All lights inside and outside the house must remain off during these hours, a sign must be placed on the door in BIG BLOCK letters stating “NO CANDY HERE” ( last year the Dept. of Community Supervision(parole and probation) and the sheriffs dept. came by for a visit and searched the house. Must of been looking for candy i guess.
Now other counties like Henry County everyone must go to the Courthouse between 5pm to midnight. Some counties ive been told, you must go to the county jail between the hours of 5pm to midnight.
Who makes up these rules? Is there at statue that states this?
Ive tried to find a single case that a sex offender grabbed some kid trick or treating. Cant find a single case in Georgia.
Again we are treated as a disease. I must get off work early which my boss does not like. Which now effects my income.
Im waiting on new rules for Easter and Christmas!
What are the rules in Florida for these holidays? I would like to hear all comments!
The same county that this post is about also has the requirement to post a sign on door no candy at this residence for Halloween and yes you have to have your lights off outside your house.. Duval County is a joke..
Dear James, I am responding to your post and question… although this is not legal advice as I am not a lawyer. If each county in GA is doing different things then I would suggest you look at the county ordinances rather than state statutes.
There is no state statute regarding Halloween but it is a condition of probation for the registrants on probation
In response to Anonymous’ post, it is true that a probationer must generally follow the orders of his probation officer. This is conditional of course on whether to order itself is lawful. In other words, a probationer is not required to follow an illegal order or an order that violates his constitutional rights. One such right is the the right to be present when his sentence is imposed, see e.g., Fed.R.Crim.P. 43(a); and this right to be present and speak is constitutionally based, United States v. Huff, 512 F.2d 66 (5th Cir.1975). In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), the Eleventh Circuit Court if Appeals adopted as precedent all decisions of the former Fifth Circuit Court of Appeals decided prior to October 1, 1981. So, a probationer has the right to understand his sentence and to seek clarification or modification of any of the probation officer’s orders. I am of course citing to federal rules and federal decisions but the same legal principals applies in lower state courts. I’ve been on federal probation for a long time in florida and none of the probation officers have given me orders like keeping all light off, not going out, etc. But I do know it has happened to others on federal probation in my area. Maybe this is because I have gone to court to have my conditions modified or clarified and the probation officers know that I know my rights. So, I suggest anyone who can claim that they were given an illegal order or an ambiguous one by a probation officer, they should go to court for modification or clarification and present evidence that there is no link between Halloween and sex crimes.
James,
I am 60 and my hands shake (slightly). Therefore I do not shave for months, for fear of cutting myself; and when I do “shave”, its with a Wahl Hair Clippers.
Seeing that I am 60, I have a white beard. I have been threatened by the local Sheriffs that I
“MUST OR ELSE”
keep my beard shaved off between Thanksgiving & Christmas so that I dont attract kids to me by “resembling Santa”.
I told them that they cannot dictate the way I look, or dress, or act. (even tho the Red Suit and “HO-HO-HO” is out)
Then I ask them “OR ELSE?? — WHAT ARE YOU ACTUALLY GOING TO DO IF I DONT”???
They walk away and do nothing (again)
Sean, I’d just like to say “Good for you!” I’m glad to see posts from those who stand up for themselves since that is something the officials charved with upholding our constitutional rights are the very ones who are so often violating them.
FAC, (and to all on here)
I dont usually ask for a quick response, but my monthly check cop just came by with the “orange Pumpkin” and told me I have to put it on my door today. (10-20-2018)
I proceeded to throw it into the garbage in front of him and asked if he knew about the UPDATED restrictions (NONE) about Halloween and sex offenders that were changed in Broward County. He said he didnt know anything (which is usual) and he is new to this job (NOT an excuse).
I need to know what Statutes/laws/provisions were changed in Broward County regarding Halloween.
I also asked the cop if he is new and doesnt know the laws, and I am sure he doesnt bother to educate himself with the sex offender laws WHY is he handing out false/outdated information TRYING to make sex offenders comply with laws that are no longer on the books–revised.
A quick answer would be appreciated as the cop told me that they are going to be sending over several officers to make sure I am compliant.
Broward’s ordinance is: ARTICLE XI. – SEXUAL OFFENDER AND SEXUAL PREDATOR ORDINANCE
There is NO Halloween Provision. NONE. Please save a copy of the “orange pumpkin” he asked you to put on your door. Please send us a picture of it along with the officer’s name and any other details you have.
Broward County has Ordinances, not statutes. Florida has Statutes.
Florida’s “Halloween” provision only applies to people on probation/supervision and states that a person on Probation has a “(b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children’s parties; or wearing a clown costume; without prior approval from the court.”
If you are not on probation, you are in the State of Florida, in the County of Broward, in the City of Ft. Lauderdale, there is NOTHING in the law that says you have to post an orange pumpkin or any sign on your house on Halloween.
PLEASE share an image of the pumpkin and the name of the officer. You can email it to [email protected]
Is there any law that states I have to post a sign in Duval County?? I am not on any type of supervision or probation.
And are we still prohibited from putting up Christmas lights on our house during the holidays?
YES, unless you fall into one of the exceptions. See ordinance below:
Sec. 685.104. – Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions.
(a)Prohibitions and requirements for Sexual Offenders and Sexual Predators; Exemption.
(1) It is unlawful for any Sexual Offender or Sexual Predator to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children.
(2) It is unlawful for any Sexual Offender or Sexual Predator to wear costumes, clothing, make-up, mask or anything that would alter a person’s appearance in the presence of any non-familial child if such altered appearance could or would entice, attract or lure a child to congregate around, or move closer to, that person.
(3) Any person designated a Sexual Offender or Sexual Predator shall:
(i) Avoid all Halloween related contact with children;
(ii) From 6:00 a.m. to 11:59 p.m., on October 31 (or any other day on which Halloween is celebrated) post a sign at his or her residence, including a vessel, or vehicle, stating, “No candy or treats here.” Such signs shall be in letters at least two inches high and shall be legible on the property leased, rented, owned or occupied by the Sexual Offender or Sexual Predator, and clearly visible from the street, waterway, or any property that is open to public access. The signs may be removed after 11:59 p.m. on October 31, or the day on which Halloween is celebrated.
(iii) Except for lighting provided on a year-round basis by the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, leave all outside residential lighting off during the evening hours after 5:00 p.m. on October 31 (or any other day on which Halloween is celebrated).
(iv) Not place or allow any display, including but not limited to displays for any nationally or locally recognized holiday or seasonal event or practice, to be visible from the exterior of any Sexual Offender’s or Sexual Predator’s residence, including a vehicle or vessel, or on any property which is leased, rented, owned or occupied by such person, if such display is primarily targeted to entice, attract, or lure a child onto any residence or property, or onto or nearer to any vehicle or vessel rented, owned or occupied by such person. Enforcement of this section shall not be limited to the actual calendar date of any given nationally or locally recognized holiday or seasonal event or practice.
(4) The following is a list of exemptions for Sexual Offenders or Sexual Predators from this section. During any nationally or locally recognized holiday or seasonal event or practice:
(i) The Sexual Offender or Sexual Predator may attend if such person is the parent or guardian of the child or children involved and only those familial children are present;
(ii) The Sexual Offender or Sexual Predator may attend if the event is held in a location such as a personal residence which would not be attracting or enticing to non-familial children to attend (prohibited locations include, but are not limited to family gatherings in parks, pools, or other locations or places where children could be lured); or
(iii) The Sexual Offender or Sexual Predator is not present at the event location although such location may be owned, leased, rented or occupied by such person.
Apologies if this has been asked and answered. Does the Duval ordinance carry with it any enforcement mechanism? Can they arrest someone for not complying? Or just issue a fine?
Yes – the ordinance has a penalty provision that says, “include, but not limited to, injunctive relief, arrest, a fine not exceeding $500.00 for each occurrence, or by imprisonment for a term not exceeding 60 days or by both a fine and imprisonment for each occurrence, unless prohibited by law. “
Any word on volusia? If im notnunder supervision do i need to do anything? Can find nothing online stating i do but just worried about the wording if they leave it broad for everyone. Z
Jm, since no one has answered you, I checked Volusia County Municode and found no restrictions on registered persons. That being said, Daytona Beach has a residency restriction and a pedi-cab restriction. But nothing about Helloween. Here’s the residency restriction:
https://library.municode.com/fl/daytona_beach/codes/code_of_ordinances?nodeId=PTIICOOR_CH62MIOF_ARTVIISEOF
If you live in an unincorporated area of Volusia, there is no restriction. You still need to check Municode if you live in any other incorporated city, town or municipality within Volusia.
https://library.municode.com/fl
Thank you so much been making myself sick wondering. I e googled and all and couldnt find anything but just afraid of any issues. Made the mistake of coming to florida and since i had to register might as well stay anyway so kinda forced here…. just a crappy situation for mysef and family… was totaly better off in new york
The Duval County registration office also has a letter stating that all registrants must pay their registration fee or be subject to arrest and or a court date. My understanding is that registration fees were considered punitive under Florida and federal laws. Would it help to take a picture of this letter of threat displayed in the registration office? And of course thanks for all you guys do for us 🙂
Please send us that letter ASAP
[email protected]
I have been paying $25 each time I re-register for at least six years. Here’s the Jacksonville/Duval ordinance:
Sec. 685.103. – Registration fee.
(a) A person who is required by Florida law to register as a sexual offender or predator shall pay to the Sheriff’s Office upon registration an amount as found in http://www.jaxsheriff.org/fees , per registration for the purpose of covering the costs associated with the identification and regulation of sexual offenders or predators. Persons required to register with local law enforcement shall register and remit the registration fee twice per year. The initial registration fee for first time sexual offender and predator registrants shall be waived.
(b) Failure of a sexual offender or predator to register and pay the fee as required in section (a) shall constitute a Class D offence.
(Ord. 2005-1498-E, § 1; Ord. 2010-836-E, § 4; Ord. 2017-194-E , § 1; Ord. 2017-665-E , § 32)
Note— Former § 674.503.
Source: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIXPUSA_CH685SEOFSEPRRE
” registration fees were considered punitive under Florida and federal laws” is this true?? Polk county just started charging registration fee’s also
In Florida there’s only a rule that you must not serve candy as far as I know since I’ve been here.
This sign must be new as I did not notice it the last time I re-registered. It seems it was put up to gather as many identifiers as possible before the court ruling since they knew their reach may be limited after the ruling.
Also, since the information on this sign would not be known until you go in to register, you couldn’t possibly provide all that information on demand when you register. Thus, it seems like a trap to hit you with failure to provide information, which is a felony and now requires GPS and community control. I smell the books’ hand in this.
http://Www.star-telegram.com/news/local/community/fort-worth/article53290400.html
Or this Deputy in Texas who made RSO’s strip down so he could photograph them naked… Or else!
I bet that, that cop wont even be put on the registry. He FORCED those men to strip (under color of law) at an undisclosed location; not once, but twice. That (In my opinion) is kidnapping, aggravated battery with a deadly weapon (he had his weapon), Engaging in porno photography, (heres the good one — RAPE — he forced the 2 guys to disrobe, even tho the guys probably protested), abuse of power of a government agent.
I am sorry, but if that cop drove me to a place that was a county lot — I would have told him to go F#%K himself. Lock me up — Id LOVE to see the arrest report this cop would have written.
And now he gets “privileges”? Going to his mothers funeral and NOT going to jail till 3 months after sentencing?
If it were you or me, we would have gotten 500,000 years and been in prison BEFORE the gavel came down.
when things such as this sign requiring all Internet identifiers shows up the most logical thing to do is to file a writ of mandamus to force them to remove the sign, it also puts him on notice that they are being watched and that they better have all their Ts crossed and I’s dotted. before they make a requirements.
*writ of mandatums
Mandamus (“We command”) is a judicial remedy in the form of an order from a superior court,[1] to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
there is also problems with people that are on paper and how parole and probation run roughshod over there rights
http://sosen.org/blog/2017/04/01/probation-and-parole-the-real-story-2.html
Thanks Will. Yes, that is one avenue, but please don’t anyone go filing anything Pro Se just yet.
There are easier ways to skin the cat (that’s a metaphor – we’re not skinning anything nor do we advocate violence)
Detective Ed Fleshman from the Del Norte County Sheriff’s department in Crescent City, California warned me he’d violate me if I moved out of the county without permission and if I didn’t give him my new address first. It was because of that lie the caused me to have to find a place I can call home before leaving the county. Finally i found a place and gave notification and then i was limited to leaving a certain day and being at new location and registered within 48 hours, again, a lie.
He caused so much stress and a lot of money was spent just to meet this arrangement. Turned out, it was all a lie to mess with me.