Marion County: You DO NOT need to provide this information.
A member from Marion County has reported that when registering, the Marion County Sheriff’s Office is requiring you to fill out a “supplemental report” that includes questions that ARE NOT required to be reported under Florida Statutes Sec. 943.0435 or 775.21.
These questions include the name and ages of people who live with you and whether you have a girlfriend and what her name is.
YOU ARE NOT REQUIRED to provide any information not required by statute and there is no reason to provide this information.
We encourage you to NOT to provide the names and ages of children or whether they live with you. You are not required to give the name and relationship of anyone that lives with you. You are not required to report if you have a boyfriend or girlfriend or identify who you date. Blood type, education level or gang affiliation. Military and marital status are not required to be disclosed. If you chose to provide this information, you are providing it voluntarily. If they threaten you with arrest or any other sanction for refusing to provide this information, please contact [email protected] immediately.
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I noticed at the bottom of the page that this form was last revised in 2010… has this been going on for a decade with no one saying anything??
I find it interesting the language in 943.0435(2), which covers the initial registration requirements for Offenders, not Predators, includes subsection (c) which states, “Provide any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers, when available.
So depending on how the State of Florida interprets the word “including”, it’s possible during initial registration the Sherriff’s department can require any information they believe to be necessary.
However, 943.0435(11), which covers maintaining registration, does not include an all inclusive statement of this sort.
That is interesting.
I’ve long been concerned that the criminal regime where I live will one day pass a “law” that says PFRs must provide whatever information the local yokels decide they want. I can say for sure that our locals don’t have enough sense to do that. They should never have such discretion.
I also feel like it would be impossible to justify requiring any information unless it could be directly related to proactively trying to prevent crime. I think that information is quite limited. For example, your marital status has nothing to do with that. The identity of your spouse has nothing to do with that. Little does. I’m not saying the criminal couldn’t get away with it, I’m just saying they couldn’t justify it.
I would think this ambiguous “whatever they decide” “law” would be very ripe for lawsuits. There is no reason that a state cannot and should not identify the exact information required. No ambiguity should be allowed.
This is just like the “delegation clause” from federal Congress for SORNA though. They delegated to a different entity to define some of the law. I suppose the state criminal regimes could do that but you wouldn’t think they could delegate to each county. And certainly not without specifically stating it.
Alan
Shhhhhhhhh, not so loud. We do not want Madam Book or any of her Cohorts getting any bright ideas to retroactively change the paperwork with added updates.
RM:
Asking you to fill out a form isn’t a search. How you get them is you ask, “am I free to leave and mail you the form” or “am I free to leave if I refuse to fill out the form”. If they tell you that you are not free to leave then you have grounds for a false arrest claim. It’s best to record the interaction if you can.
Any time that you are not free to leave, you are being detained.
Interesting approach but I don’t think it’s particularly useful. I expect they’d just tell you that you can leave any time. Are you not free to leave at any time during any of the Registration process? Where I live, people certainly are. You are just there to fill out some forms and can leave if you like. You just won’t be have completed your legal obligation. They don’t have any problem with that. After your deadline passes (e.g. that day, the day after, whenever it is), they’ll just issue an arrest warrant for FTR.
Where I live, LE is just like this – they are not capable of operating within and following even the simplest parts of the law. They can’t manage it. They ask for all kinds of information that is not legally required. So I simply draw a line through all the illegal items. Don’t leave them blank (because we know the criminals might fill them in). That works just fine for me but I know it is not helping others and the criminals are bullying many to give them information which is not legally required.
So occasionally, I’ve written to the criminal regimes and asked them to remove their extraneous items. I write to them and their attorneys. They’ve fixed it in the past. I’ve only had to hire my own attorney once, but that worked as well. If they bother me about it in the future, I’ll sue them and they’ll pay me, just like they have before. Marion County should be forced to pay but whomever does it should not settle for a small amount. We need to start getting a lot in order to fund more fights against their recurring crimes.
FAC, when are the fully funded Out of State and Non-Registrant Collateral Consequences challenges going to be filed?
Out of state will likely be filed this Summer and NRCC thereafter.
Thanks!
Here is an example of ex post facto at it’s best. Nothing more needs be said. The form even states in been created back in July of 2010. I have not experienced this form in my visits with Marion County’s Finest. I will make sure to have witnesses when I go to register soon.
A proactive
I have been registering since 1997. I use to sign whatever they put in front of me without even reading it just so I could get the Hell out of there and be done with it until next time. After a while, a light bulb went on that I should probably take the time to read what I am signing.
Even though there is probably nothing you can do about it other than refusing to sign, my eyes were opened to all the pork and crap they add into these forms. Many of them are not even in the law and just made up by the agency where you register.
Having said that, when you sign everything was correct on your registration, then like me, get home and realize there WAS in fact a mistake, you start to freak out. Somehow the wrong color was put down for my vehicle. I waited until the next registration and had them correct it. I was worried but it went smoothly without incident, even though it had been overlook for almost a year.(Due to me just signing without paying attention)
Lesson learned, dodged the bullet.
Dear Proactive, since you will soon be registering in Marion County please let us know how it goes. Thanks.
The form was not presented to me when I did my register recently. But was prepared for it to happen. I brought someone as a witness if needed and was going to ask to take the paper to my attorney for guidance as this info is not under the statues that would require this type of information by given by any offender.
If you Notice, it has a Form Number, meaning that it was approved by their Sheriff…
How is this Legal?