The following was submitted by a member in Jacksonville.
We strongly suggest the members there (in Duval County) get together, organize a plan to challenge some of the ordinances unique to your county. Between the following and the Halloween ordinance, you should be mobilizing.
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Here is a story for you that I hope you guys can get attention drawn to. It actually involves me and my roommates here in Jacksonville.
We live in a ministry house that has been in operation at the same address for almost 5 years now. This address was approved for all of us who are RSOs living there by our classification officers, probation officers, and even Jax Sherrifs office. I have been living there for 3 years now. And our landlord is one of the few people that actually have a heart and want to help RSOs.
I went for my 6 month registration on 12/14 and had no problems whatsoever. We had two new guys move in over the weekend and one of them went to register and was told that they could not live at that address because it was too close to a park and that he had until Jan 1 to move somewhere else! And then that flagged the sheriff’s office to contact every RSO that was living at our house and they told us that we were all in violation of the 1000 ft ordinance from a park and we had until Jan 1 to move out or be subject to arrest!!
Mind you this “park” is nothing more than a picnic table under an open gazebo that hosts more drug deals and tricks than it does kids playing. There isn’t even any playground equipment!! It’s just a “park” in name. It doesn’t even register on Google maps. And why then, did DOC, probation, and even Jax Sheriff’s Office approve all of us living there for several years now, and just now it’s suddenly a problem?
When we asked the detective that, they told us it got raised because someone called and made a complaint and they investigated it. Again, mind you, there hasn’t been any issue with any of us at this house in the entire 3 years that I’ve been there. Only one person got violated because he failed a drug test and got a DUI. Other than that, we all work several jobs and do what we can to survive. We follow all the rules and yet we still get screwed–and right here at Christmas!
So, my landlord and all of us at the house have retained a lawyer and are fighting this. But it’s just another example of how these idiots can just do what they want and make their own decisions and judgments based on something as simple as a phone call. And how in the world do they expect any of us to find a place to live in 10 days at the peak of the Christmas and New Year season?? Bah humbug everyone! **Please feel free to share this on the website and with anyone else that you want.
HR: sorry for the wording ment ex-so.
And here’s an audio file for the oral arguments of that Illinois case. I would suggest your lawyer listen to this. Florida lawyers do not have much experience with this area of the law and have a horrible track record. Be bold He works for you!
http://multimedia.illinois.gov/court/AppellateCourt/Audio/2016/3rd/101916_3-14-0627.mp3
Parole/probation officers are basically failed or wannabe cops with a God complex playing on the fear of re-imprisonment of those they supervise. They frequently overstep their authority, and often don’t even know how much or what kind of authority they actually have. 99 times out of 100, when they use the words “the law says” it is followed by an outright lie or egregious misrepresentation. Challenge them. If they claim you’re violating a law, demand they show you the law, especially the ridiculous ones.
Last year, my PO told me he could violate me for having Youtube video shortcuts on my phone because it could be considered pornography. I dared him to violate me, then. He immediately backed off, claiming it wasn’t him, but other POs and maybe judges. That’s fine. I want that PO or judge to explain on the record how Youtube is pornography. That session ended a little tense, but otherwise uneventful.
The following Sunday, I was “arrested” (reason for quotes explained below) for probation violation. I waited in the holding cell for a couple hours waiting for paperwork when a guard told me I had a professional visit – my PO. I refused. After a brief debate about whether or not I had the right to refuse a visitor, I stopped arguing and went to the professional visitor room, about 20 feet away.
After he opened the door, I stopped in the doorway and said, direct quote, “Anything you and I have to discuss will be at the hearing. Not before. This visit is over.” I went back to the holding cell and closed the door. About half an hour later, the same guard brought a packet and and told me the PO said if I just sign them I would be released. Again, I refused.
Oddly enough, I was released an hour later anyway. I asked where all the booking discharge paperwork that I was supposed to sign were and was told they didn’t start any. I told them to start it now and they claimed they couldn’t since the arresting officer (my PO) left. That’s why I put “arrest” in quotes above.
Funny also how the PO was at the end of the block when I started walking back to my hotel room and offered a ride. I just gave him a dirty look and curt no thank you.
The SO treatment provider asked, as always, if there were any issues and I said only that the PO and I certainly had an issue that weekend, but I wasn’t going to get into it – discuss it with him and we’ll talk about it next week. When she pressed it the following week I insisted that his story should be the platform for that discussion. Eventually, she said the PO didn’t know what I was talking about.
The PO was all sweetness and light at my next check in, asking how I was and telling me to let him know if he can help with anything and the whole affair hasn’t been mentioned since. I made a point of documenting everything, but the only potential proof of the “arrest” would be the jail guard, who I’m sure has developed a case of selective memory.
Apologies for being long-winded, but I think it’s necessary to convince RCs to start standing up for themselves. Nothing will change if we keep rolling over for this idiocy.
Very interesting course of events. You are correct. I, too, believe that most PO’s have no clue as to what is legal or not legal. If it fits their scenario then it’s OK. My PO thinks that the US Constitution’s position on civil rights does not apply in Brevard County Florida and that county ordinances…Brevard County Ordinance 2006-31… has priority over the Constitution.
I also agree with you !! I had a P.O. that was violating me Right and Left !! Flat out LIED about EVERY Violation !!. Finally I bought me a Security System and a COUPLE recording devices that I used EVERY TIME I had contact with my P.O. INCLUDING my monthly Office visits !!!!. Things changed once I did that AND informed her IN WRITING that ANYTHING she wanted me to do would have to be summited IN WRITING and have the Statue included.. I was violated 7 TIMES within the first 2 years !!! Until I started recording EVERYTHING !! Then , FINALLY after Repeated requests, I was given another P.O. !! And never had another issue at all !!!!!. But my first P.O managed to get me CONVICTED !! I was “Adjudication WITHHELD”, But somehow I’m now Convicted !! And I BEAT EVERY VIOLATION charge !!. So, YES , CHALLENGE EVERYTHING AND RECORD EVERYTHING, VIDEO EVERYTHING !!!! Because it’s the Job of a P.O. to VIOLATE YOU and put you in PRISON !!!. Not to help you !!!
Looks like they won over this in Illinois. https://www.courthousenews.com/illinois-court-strikes-sex-offender-park-ban/
Yes, “Pocket Parks” sounds like what you are describing. Give it a good fight!
Well, here’s an update to the update. After talking to my roommates, it seems that the ones that are RSOs are going to have to move. Our lawyer can’t get an injunction filed due to the holidays and it won’t be until Jan 2 before he can file anything with the courts. JSO is making everyone move on Jan 1. So, they backed down off me because of my statute, but the others will have to move. A sad situation, but it’s par for the course for those in our situation. Just another reason why I’d like to take Ron Book in a dark alley with several of my “prison friends” and let him get the crap beat out of him. Residency restrictions need to go. And to add insult to injury, one of my roommates is married and he and his wife live in an RV behind our house and she is having to suffer right along with him by having to move in such a short notice.
Here’s a quick update on this situation. I’m the one that submitted this as me and my roommates are dealing with this. Apparently, according to our lawyer, my statute does not apply to the residency restriction and DOC and Jax Sheriff Off. agreed. So if you have the statute of 847.0135 (4b) as your charge, you may want to look into this. There’s a number of things that won’t apply to you. But as far as the rest of my roommates, I’m not sure. It seems that my lawyer played hard ball and got JSO to back off. He was pissed that JSO was doing this right here at the holidays, so he attacked them with a vengeance. The lesson here is….WE HAVE TO STOP BEING SCARED OF THESE PEOPLE AND LETTING THEM BULLY US AROUND…..No one stood up to the Nazi’s, or very few people, and look what happened…an entire race of people was almost exterminated. 6 million to be exact. So anyway, I think all is good. I anticipate a victory for all of us in this matter. Praise God!!
MJ – I looked up your statute – what I am wondering is if you can provide further details of why living restrictions (or other things) do not apply to those convicted of that statute? I do not see that info in the statute. Not that I think anyone should have to comply (after sentence completed) but I am curious.
Karen,
I guess it depends on what county you were prosecuted in and/or live in for probation, etc… I was charged in St Johns Co. and my probation orders there do NOT have my statute listed as requiring mandatory monitoring AND internet restriction. So basically, I was arrested in one of those dumb sting operations, which was ran over the internet mind you, and I am on probation and CAN use the internet, and DO NOT have to wear a monitor! Praise God for that! But I know others with my statute that have both restrictions placed on them. So it’s a head scratcher indeed and just goes to show you how insane these statutes, ordinances, and laws are surrounding our entire situation. Also, these things and restrictions come down to basic “IF-AND” logic statements when you read the wording. For example, many of these laws read “If you were arrested after Oct 1, 2005, AND you are charged with 774.43, 800.25 (or whatever), you are subject to a curfew.” Well in the example, the person would have to have been arrested AFTER 10-1-05, AND be charged with one of those statutes to have that restriction placed on them. BOTH conditions have to be met to have that law apply to them. Make sense?? So according to my statute in St John’s Co, it does NOT meet the requirement for both conditions to have those restrictions placed on me. ** YOU MUST READ THESE THINGS CAREFULLY so you can challenge them with the probation officer, etc…
As it comes down, they will enforce those laws and ordinances that most benefit the bureaucracy. Being successful in the corrections process is not one of their goals. Here’s an example of how they use the system to their advantage. I lived in Florida from June 2003 until April 2009 with no monitoring required. Then I committed a cardinal violation…I said good morning to my neighbor’s son on a sidewalk in our neighborhood with both his and his parent’s approval. I was seen saying Good Morning by the neighborhood ‘biddy’ who reported it. The sheriff investigated and saw no problem but probation is not one to pass up a financial opportunity. Because of my ‘crime’ they put me on monitoring and charged me $360 a month…that’s right, a month. In September of 2017 my Florida lawyer said that amount seemed awful high and asked me to check on it. When I went in to make my October meeting with my probation officer I asked about it. She immediately went into the defensive mode saying that neither I nor her nor a judge in Virginia could change that. Then I guess her conscience…yes, some might actually have one…got the best of her and she got on her computer and went to the DoC web site. In a few minutes she got a strange look on her face and then told me that I had been over paying. In fact I had been overpaying to the tune of $5,200 which DoC had put into an account for me…and of course they were collecting interest on it. My probation officer told me that I would not have to pay the monthly fee for the next 22…yes, 22…months. They let me over pay for all that time and made no effort to let me know. This is just an example of how criminal these Florida DoC employees are. Things are going to have to change soon.
Your charge does not fall under the mandatory sex offender conditions. I’m guessing you have certain sex offender conditions as part of your probation, that was because the courts gave them as special conditions at your sentencing and and announced them orally. Also guessing that you were convicted of 847.0135(4) or (3). Anyone convicted cannot be. (legally) sentenced to all of the sex offender conditions but CAN be given specific items from that list.
If you know of anyone who is on probation and has all of the . conditions to abide by, i highly recommend that you inform them of this so they can take the steps needed to have those conditions modified.
Also, if I’m not mistaken, when your probation is done the 1000 ft rule does not apply to you. Correct me if am wrong please.
Hope this helps.
Its it a state park? County? City? Or is it a private park. The difference between government sanctioned parks and private matters alot as far as i know. Private parks don’t fall under the category as defined by the statute. Someone please correct me if I’m wrong on this.
Something similar to this happened to my son several years ago. He was told that he had 2 weeks to move from his apartment he had lived in for a couple of years because a new Trail (Seminole County considers Trails a “liner park”) – was being built. Come to find out the Trail in question had only been discussed in a meeting of possibly being built and yet it had been added to the “no” zone. He got to stay however, the reason I am writing this is because at the time the sheriff office used scare tactics on the landlord citing a FL law that makes it a crime to rent to a RSO if you know that the property is not in an acceptable zone. Inform your landlord that this might occur so they are prepared.
Please point out to your attorney that the new rules of 1000 feet are not retroactive to someone that was sentence before 2004. It only applies to SO sentence after November 2004.
In other words a person bent on getting rid of the sex offenders, people can be very ignorant and I’ve found the majority live in this state. Residency restrictions do not work, they are a waste of tax payer money, the majority of the sex offender laws do not work. Adding more restrictions, and laws are a waste, instead of adding more why not straighten out the mess we already have. The laws were supposed to be a tool, a way to help law enforcement, and for those that are Tier 3. The over use of these punishments is ridiculous. The restrictions on persons is more of a danger than allowing them live peacefully and lawfully. For 3 years these persons have lived there without any problems, so why do this now. Myself I would be more concerned with the drug deals considering the drug epidemic going on in this nation.
Makes sense except that drug use is totally acceptable in the USA where sex is not. We are the most over medicated country on earth and yet the most unhappy. We don’t consider alcohol a “drug” even though it is a depressant (not helping that depression problem any) and responsive for so much domestic violence, drunk driving deaths etc.
But let someone violate a useless and unnecessary “law” and look at something taboo in the privacy of their own homes and BOOM! Gotta make a public example out of them for LIFE!
America is so stupid I am ashamed to be forced to live here.
Lee
Keep up the fight, you will all surely win! How stupid this whole thing is. Enough is too much! It would be less expensive for our counties to hire full time security guards at places in question and forget the registry. Simple solution to an overdone debacle, and the best part would be cutting down on the cry babies.
Previously secured residences should always be grandfathered. Otherwise they can just put up a park bench or a preschool anywhere anytime and threaten us with jail for living in our own homes.
There are a lot of rural areas near Jax that don’t suffer residency restrictions but they do place you farther from jobs and services. I’ve been happily living in Marion county and commuting to the Jax and gainesville areas for the last 10+ years.
I wouldn’t move !!!! , I’d challenge it, And fight to the end of life !!!. A “Park” is a place “BUILT TO HOUSE AND ENTERTAIN MANY CHILDREN AT ONE TIME” !!! , Not simply a Picnic Table and Mowed Grass !!!!!. We should ALL challenge the Laws that describe a “PARK” !!! Children visit and buy items at Convenience Stores EVERYDAY !!!!!, BUT a Convenience Store IS NOT designed primarily for children !! But Chucky Cheese is !!! The laws need to be “THAT CLEAR” !!!. AND If “The God’s” over us ,Allows multiple Ex Offenders to live somewhere for 5 YEARS, Then they SHOULDN’T BE ALLOWED to change their minds now !!!!!! This CRAP is Getting Out Of Control !!!!
Yes I’m Mad As Hell, Sorry for all the “YELLING” !!! Lol.
first thing check and see when the park became a park. there was a rso
that moved in to tr park and there was a picnic table in a open retention pond. the sheriff office told that he could not move in to the tr. park . found that it was not a registered state or city
park. and if you lived there be for the park was established you should be grandfathered in and not made to move. I moved in to this tr. park
with no problems I am an ex-rso. good luck.
Us army vet how are you a ex RSO?? How did you get off the registry?
This is typical of bureaucrats that have no clue as to what they are doing and are incapable of exercising common sense. They fear more for their jobs than desire to do what is right and sensible. A ‘drug dealing/prostitute’ enabling picnic table does not a park make. Personally. if it’s not on Google as far as I am concerned it does not exist. How else can one make decisions about where is OK and where is not-OK? It is my hope that the group in Jacksonville shows up these ‘do-gooders’ for what they are…out of control loons.