FAC Letter to Volusia Sheriff and Public Records Request
It was recently brought to our attention that the Volusia County Sheriff’s Office is requiring personal information from persons required to register who intended to travel. Specifically the means of travel (including copies of flight information) for domestic travel and purpose of travel for domestic and international travel.
If you are not on probation, you are not required to request permission to travel. Accordingly, your purpose for going someplace is none of the Sheriff’s office’s business. Similarly, if you travel domestically, you are not required to give your flight information or mode of travel. The registration statutes do not require it and to our knowledge there is no ordinance that requires that information to be collected.
FAC sent the following letter to Volusia County Sheriff Mike Chitwood, to find out under what authority he is requesting this information, for what purpose it is collected and who is given access to this personal information. Separately, we sent a public information request to the records custodian for copies of these forms and what was done with them.
Seems like this should’ve been something that should’ve gone through Volusia county legal council first before they decided to create their own statutes. Maybe a big lawsuit will provide them the incentives to follow the law versus creating
There may be a reason they did not vet it with county legal counsel.
Count legal counsel would probably tell them that Sheriffs do not have the authority to create statutes. Only legislators can propose bills which, if passed favorably by both houses and approved by the Governor, become law. While a legislature can delegate rule making authority to agencies pursuant to statutes, no such power or authority is in the registration statute that we have found anywhere, nor are these rules codified anyplace, which would give someone notice, which would be a due process violation.
Imagine the FL legislature proposing to delegate registry rule making authority to sheriffs. What a call to action that would be.
Rick is right. Perhaps letters should be sent to the county legal counsel very pointedly asking them to provide FAC with the legal authority for the sheriff’s actions. Going over the sheriff’s legal head might just cause a commotion. The state’s attorney general could be asked to provide the same information.
Sounds like Florida has some sheriffs right out of those late 60’s Chrysler commercials. “You in a heap o’ trouble, boy.” Those types only understand power and don’t care about the law. Let them answer to the county and state lawyers who understand the spectre of potential lawsuits. A little heat from above might be more convincing than heat from below.
Kudos to FAC.
Ed
A few years back, I went to one of the Volusia beaches with family. Since ALL of the cars at our house have to be registered, that means if the tags are run, even our family member could be stopped.
Anyway, when we were done, I saw a Sherriff’s department business card on our windshield and none on any other cars in the lot. In ink someone had written “Call me when you get this”. I stuck it in my pocket and just told my family (So they would not get upset) that it was just someone advertising. (A lie to keep them from worrying).
Anyway, I said let’s stop for lunch closer to home (In our own county) and I/we got the heck out of Dodge. I do not know what the deputy wanted but am sure he (Had his name so know it was a he) ran our tags and wanted to question me on being in an area that is off limits to registered people. I do not know the rules there and who they apply to.
WHY do we have to live like this when many of us have done our time and are not on probation or house arrest but does for sure feel like it? This non punishment keeps growing wider and far reaching each year. How big can the bubble get before it bursts?
I’m asked every time I register if i plan to travel out of state.
In which county?
Volusia asks that every time: do you have any travel plaans?
Guess my confusion still is that they make me register the TRAVEL time not the STAY time. I drive an entire day (no address of course) and i stay in different locations (all less than three days) but they tell me i need to register the entire time away in my home state.
My newest dillema is a trip to a us territory in the caribbean. Id fly to the island and stay two days in a hotel a two night cruise to nowhere and two days with family and one last day in a different hotel and fly back. I dont see the need to register as theres no single stay that would trigger. The answer was its out of state. After i had to remind them its not i ternational. They referred me to my probation officer: I do t have one as ive not been on any supervision for over 20 years. Also am told i need to call the number and email when i return from any registered trip. They really toss that word WARRANT around alot.
So my assessment of my circumstance seems like none of the legs initiate a trigger. So no need to report!
Please don’t forget about your independent duty to register under Federal SORNA (presuming that in your case it has not expired). If you are going to be absent from your permanent residence for more than 7 days, you still have to report that to your local registration office or you’ll be breaking federal law, regardless of state registration requirements.
Not if the feds haven’t notified him of this obligation.
Been off of that for decades. Florida is my only thorn. Life was good and unhindered until that fateful trip. Been here ever since.
Does anyone know how to find the federal SORNA requirements? I understand the DOJ has written its own which aren’t listed in the actual statutes. I’ve asked about federal requirements when I registered, and the deputies just shrugged their shoulders.
34 U.S.C. § 20901 et seq (that means section 20901 plus the sections that come after it) is where you can find it. It’s online at a few links. Here’s one https://www.govinfo.gov/content/pkg/USCODE-2018-title34/html/USCODE-2018-title34-subtitleII-chap209-subchapI.htm
Great question. The other question is how do you know what tier you fall under. I think I am tier two meaning 25 years from release of incarceration. But how do you know?
Yes I second that. I lived in Volusia for ten years after person. They ask if you have any travel plans.
Tier 1 in homestate: never published: never had a visit in my home state.
So, the sheriff’s office is allowed and in fact supposed to ask us about known travel plans if they result in a temporary or permanent address being created. One of the items on the list of things we must register when we report quarterly or semi-annually (or monthly for transient registration) pursuant to F.S. sec. 943.0435 includes “dates of any current or known future temporary residence within the state or out of state.” That comes right before “all vehicles owned” in the statute. This does not require us to seek permission nor give them the power to compel the production of travel documents, but they are legally authorized to ask about any planned travel that results in the creation of a temporary residence.
The key term is temporary residence which defined as 3 or more days at the same address in the aggregate. If you plan on going to an overnight or two nights nothing to report.
Tear
That is the point, some on here are reporting that their registry location is telling them they have to report “Anytime” they leave the county. That is not what the statue states, but deputies seem to be arresting people and letting the courts decide.
Even if you get the charges thrown out, you not only have an additional arrest in your file, but spend untold thousands of dollars to fight the illegal arrest. And what is to keep the yahoo gung-ho deputies from doing it again because they are protected by the sheriff who thinks they are the highest power in the land directly under the Governor. Very rarely are Sheriff’s forced to step down, and if they do, they are allowed to retire with full lifetime benefits.
I hear you it’s a tough decision. You don’t want to tick them off but you don’t want them in your business either thankful where I am at the don’t ask me that question. Two years ago I had a city cop come by at Halloween and I politely asked what the statute was that governs me as I have been off paper wow since 2007. He said he would get back to me. Never did and the last two years no visits. However we don’t celebrate Halloween any way. My view Be polite. Don’t trust. Always verify.
Tear
The Cop that comes to check on me said I did not look like my photo. I asked him if I needed to check in and get a new photo every time I get a hair cut and he said “That would be helpful”. I replied “Helpful to who?” I also said if I changed my appearance 100 times a week, show me a statue that mentions anything about updating my photo other than my required registration time. (Other than new, scrars, marks or tattoos)
Does getting tagged with a marking pen count as a mark?
Next time I register I am thinking of going in drag. Could you imagine Cherokee Jacqueline Reporting for registration SIR! LOL
As usual, this is terrific!
Whenever I see FAC out this sort of thing in writing, I feel like someone out there is listening to my concerns.
I don’t normally have a reason to set foot in Volusia but will support us going after ANY sheriffs offices who mistakenly attempt to make their own law.
Jacob
With this particular Sheriff, change Mistakenly with “Purposely”. He knows what he is doing is stepping over the line but welcomes challenges so he can grandstand on the news. I am sure as soon as the letter hits his desk, there will be a news conference about the sick individuals who are trying to weasel out of their requirements.
I love FAC’s strategy of late. It’s aggressive and forcing accountability. Keep it up!
Osceola will not let you travel either without copies of your flight plans and addresses of where you will staying at all times, who you will be visiting, and purpose of your travel. They don’t have a separate form but demand your flight details and hotel reservations and make copies of them. They also become very upset if not giving at least one month notice or more due to no reservation times available for at least a month in advance due to understaffing.
If the above is DOMESTIC travel, then Osceola needs FAC’s letter.
If a registration office truly will ‘not let you travel’ then that sounds serious. It’s not the legal role of the sheriff to approve/deny travel.
I travelled as an off-probation but required to register individual recently, and was required to inform BSO (Broward Sheriff) of my dates of travel, where I would be staying, and what my flight info was. Is that required, or is Broward also asking for details not legally required.?
I will be somewhat surprised if he responds back in part or at all.
It seems the general consensus of some of these sheriffs is they will do what seems right to THEM according to the law, which most times ends up they overstep their bounds.
Then we have to bring a lawsuit that God only knows how long it will be wrapped up in court while we fight and claw upward for an injunction or a judgement that at times gets appealed, and then finally, if we do win, all we get from the sheriff is “OK, I was wrong and I took things a little too far, because I was just trying to protect the public”.
In Summit County, Ohio, if you are under Megan’s Law, they also collect more information than what is required by requesting your home phone, vehicle make, color, model and year,( not just your license plate number ) and then posting all your vehicle information in a reverse look-up on the registry.
Also, an FTR is supposed to be only a felony 3 under Megan’s Law, but governor Mike Dewine has made it law that whatever your original felony is what your FTR will be thereby making his own change to Megan’s Law, so that now a felony 3 could be a felony 1 if that was your original charge.
Davd
And yet, they say the registry is “Not” punishment? What a joke. How can you be sent to prison for a non-punitive action? Double talk and speaking out of both sides of their mouths. Be ye not deceived my brethren.
That is some seriously jaw dropping overreach from law enforcement. I’m not particularly litigious nor am I an attorney but that seems like a worthwhile lawsuit. I suspect it’s occurring elsewhere as well and cannot wait to see how this plays out. Thank you!
Way to put their feet to the fire, FAC!!!! — Excellent!!
Thank you!!
Good for you! People in authority must be kept within the bounds of that authority. That is how an ordered society functions. I sent deputies away from my home with the request to remind the sheriff that in my state he has no authority to perform residence checks. We have to stick up for ourselves when we are in the right. Kudos to FAC.
Yes I register twice a year and soon as I register twice a year the sheriff department sends someone out to my residence and checks the information that I just gave them. it seems to be very much of a waste of time and money. Are they required to check up on us like that. In the state of Florida.
@ Dan,
Yes. State law requires then to conduct residency verification. However, you are not compelled by law to give them any other information than showing your drivers license.
Ive been told to come back from my trip for that darn verification. I just dont understand
contact legal@floridaactioncommitee.org and explain your situation.
I would normally say don’t hold your breath for a response but from personal interactions my brother has had, he probably will. My brother was in Tomoka with camp doing the dog program. The sheriff was there interacting with press and CO’s. As soon as the moment was over outside food was offered to the workers and visitors. When offered to him he said, “I would rather starve than eat with this trash”. So if that low custody inmates, imagine how feelings for registered people. I’m interested in his response.
I live in Hernando county also ask you flight information on mode of travel
Thanks for this information, Tom. Is that for DOMESTIC travel? Do they ask you to complete a form? If so, we will send a similar request.
Hernando county when travelling out of the state they ask you for your flight information car rental which hotel you’re staying here got me so nervous that one of the hotels that I was staying up. There was a problem with the room so I had to go to a different hotel. I called them immediately and let them know even though I was only staying for a couple days. Travelling isn’t exciting anymore. I rather stay home there’s too much drama involved in travelling Also when you go to the sheriffs department every time you go now you have to initial all like 22 regulations for sex offenders. If you don’t understand it they cannot explain it to you. The sheriffs department said you can refuse to sign in who knows what kind of trouble that will get you in and that every time you go there.
More of these Sheriff’s departments need to be held accountable for going above and beyond the registry requirements. Last I knew, only legislatures can change or add rules to registry compliance, not Sheriff’s.
I believe (I could be wrong) the Sheriff’s even when changing department policies for their deputies, have to get cleared by the county board of commissioners. So when did Sherriff Mike get such powers to make up his own registry rules?
I believe that question was the gist of our letter to him, we did not specifically ask when, but we asked pursuant to what authority. Please use our Public Information request as a template to ask when and then share the information with us.
FAC
I was just agreeing with you in my statement. Since I worked in law enforcement myself in the past, I know something about policy and authority. I know a lot has changed since then, but everyone, even the president of the U.S has to answer to someone.
There are 67 counties in Florida, and it seems all 67 of them have different rules for registration. (Gathering that from years of comments on here from different posts made by commenters.)
Some of us live right on the county line and go into other counties to shop as it is closer than a store in our own county if you live in a rural area. I drive like a Grandma in fear of getting pulled over and ending up in jail in another county for “Driving while registered”.
My point is, there is no consistency within the registry rules from the 67 said counties. And from the comments, it seems many counties also are doing the same thing as Sheriff “Smile for the camera Mike”.
I’ve been asked the same info by Broward County, all details flight numbers, hotels, reasons for travel etc, and am not on probation.
I think they might possibly be begging up stuff in Volusia county. I traveled there in October and did my stuff here in the state I live in now. I have done this same trip, same hotel probably 6 times over the last couple years. I don’t check in with the county, honestly I’m trying to see my grandma in nursing home and leave ASAP. I got a call from Volusia sheriff maybe 3 weeks ago. She asked if I had left the county. She said I need to make sure I checked in. A fax or email is sent to where ever you are staying that you will be in that county. The lady said, “I remember talking to you and saying you had to register”. I said, ” no, that’s not true I never called you”. Some of this is not new, but they might be trying to get some numbers up by arresting some for failure to register. Just a thought.
I just had to do my 6 month registration in Lake County in November and they asked if I had travel plans outside the state. Also, the told me it didn’t matter if I left and came back the same day, I needed to notify them. Whenever I leave the state they want my mode of transportation (I usually fly and they want the airline, flight numbers, times, destination airport, etc) then they want to know if I am renting a car, and what the registration information is on that (who has that info? I let my wife rent the cars), and the address I am staying at. And they will run that address to see if it is valid before I leave registration. My sister has a Rural Route number in another state and it is different from the physical street number. I had to call her to get the physical street number one time because they couldn’t find the RR number.
Amazing account here from Lake County. They, too, would benefit from FAC letter.
Can you tell us exactly what the statute requires to be told when we travel out of state domestically and also instate and what procedures we are required to do before and after?
Also, many of us still do not understand in state travel requirements. Is the DMV and the sheriff to be notified also, and our drivers license updated on in state travel and out of state? Are we supposed to get an out of state drivers license with our motel address on it, and then get another Florida drivers license when we get back when we travel out of state? What is the DMV supposed to do when we travel instate with our drivers license and when are we to notify them on both instate and out of state?
Are we to notify in state travel before or after we travel and to whom? When? My RSO clerk told be to notify as long as possible before instate travel in Osceola, but when I told her the statute says notify 48 hours after we travel she laughed and said that was ridiculous and “what would be the point of notifying after we get back”. I told her to read the statute and even pointed it out to her and she just scoffed and said nothing more about it and something to the effect of that was for jail. I then called the RSO assigned lady detective Keefer about it to clarify and she said it “sounded like I just wanted to make trouble” and would not speak about it any more.
I have no idea what we are supposed to do in this county…Not on probation. Thanks for any clarifications. I am sure a lot of us would like to know and you probably have covered this before but a refreshment would be appreciated.
From my understanding of the statute if not staying anywhere more than three or more days instate or domestic you do not have to notify Florida please check laws in other states. For example if you arrive on Friday and checkout Sunday morning you are fine as Friday does not count. If leaving the country you must report 21 days before and they will ask for flight number and destination. If I am wrong please correct.
Thanks, but I know what to do if we don’t have to register in and out of state. I am asking questions about when we do have to register… Please respond as I am sure most of us would like clarification. thanks
Jed
The answers is, they (The authorities) are setting us up to fail in a “damn if you do and damn if you don’t” scenario. I have stopped going just about anywhere anymore just for this reason. I live on the county line and all the stores are closer to the county I do not live in.
I know I do not need to register going across county lines for grocery shopping but even though I use to be a cop, I get nervous when an officer gets behind me. Depending on the officer, it might be my last day of freedom due to “Driving while registered”. Am I being a bit dramatic? You bet I am and with good reason. Do I live in fear? The answer is, that is a grey area.
Jed, FAC recently received a letter from FDLE on this subject. Maybe you can get it from them or maybe they will post it again.
Do you people really think that the Sheriff really gives a hoot? Worse comes to worse after we are in jail no bail for something we or the Sherriff does not know why, in the end we get found not guilty and there is nothing that’s nothing happens to the Sherriff. No recourse what so ever. Write all the letters e-mails that you want to the wrong player’s as you have been doing for Year’s ,,,,,,,the players you should be writing to are all the judges in the land. All the judges that handle these frivolous stupid arrests.
Their “because we can” argument needs to be shut down and thrown cold water on. If this fails to happen, “because we can” will be an excuse for any future batsh*t demands they come up with.
This isn’t a chess match. This is elected bullies playing dirty pool for political gain.
Facts
I have seen some sheriffs in the past do news conferences and pledge to run every sex offender out of their county by making them so miserable they will have no other choice but to move. I am not sure but leaning towards it being Grady Judd, but the conference was quite a while back.
Of course, that did not happen, it was all grandstanding. Probably one of the county attorneys piped in and told him he was setting himself up for a lawsuit. But hey, that has never stopped some of these Old West type, hang-em-high Sheriffs.
Pretty much like my issue. The cops, Detective Anderson, came by with a printout of my Registry information from the FDLE website telling me to review it to make sure that everything is correct and sign and date it. I refused and file a complaint with JSO Internal Affairs Department, which was handed over to the Desk Sergeant. I personally spoke with the Sergeant at my residence and he informed me that I was correct and that he would speak to the rouge officer. Anderson is being reassigned and December is he last month with us, do to annual rotations. 😭 On December 1, 2922, this jerk attempted to hand me this form again stating that he was to make sure that everything was correct before handing it over to the replacement officer. I told him to have the replacement officer contact JREC or FDLE to verify the information. I also told hime that his actions are unlawful, to which he got pissed and stated that it was not illegal. As he stormed off I stayed that he was a f-ibg DA, and slammed the door on him! I have told this idiot on several occasions to cited a law,rule, statute or ordinance that compells me to comply. He has yet to do do. In December 2,2022, I called JSO Internal Affairs to file a second complaint, spoke with a female by the name of Detective Wright, who refused to take my complaint or investigate. He told me to continue to refuse every month. I told he that that would be unnecessary harassment. I also told her that they need to educate their officers that I am not their teacher! Stand up for your rights with these idiots or there is no telling how far they will attempt to take it!
Today Dec 8, I just submitted my travel plans to the criminal registration office at the courthouse in Broward County. I’m not on supervised release and they still asked for detailed travel plans, flight numbers, hotels, etc. seems to me like it’s the same process in every county in Florida!
You are under no obligation to provide flight numbers, just your temporary address.
And if you rent a car, the rental car information
How would you provide rental car information in advance in person? I take it this refers to in-state travel only?
The statute does not specify.
Vehicle information does not say “in advance” it says “after”. Specifically, “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, this does not solely refer to in-state travel. Specifically, ““Vehicles owned” means any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle for which a sexual predator or sexual offender is insured as a driver…”
How one can register a vehicle rented in another state within 48 hours if the person is still out of state, is a question for the Sheriff’s office or the FDLE (or in your declarations).
Thankfully there are counties like St Johns that mostly just collect the travel info required by law. And amazingly St Johns registrants don’t re-offend and rates any higher than Broward, Volusia, Highlands, Osceola.
Just to bring this thread back to the forefront, I did my semi-annual registration this morning in Hernando County. They use civilian personnel to do the registrations now. I informed this person that I plan on going up to MA in June for a family reunion, and she said that I need to come in 48 hours before leaving to fill out an itinerary for my trip. I said that as far as I know, I don’t have to do that because I’m not under any kind of supervision. She then said that I’d have to talk to the detective in charge.
On what I said to her, was I right to say that I don’t need to get permission to leave the state?
if you plan to establish a temporary residence in MA (3 or more days in the aggregate), you are incorrect.
If you plan to go to MA for a day, you are correct.
Either way, Peter P is not required to provide an ‘itinerary.’
Also I think it is 3 days at the same address. Please check ma laws as well
Hernando as well, and when I travel I usually try to bot stay in a state(after making sure of requirements) more than 24 hours so registration requirements dont apply to temporary addresses. It’s a complex legal world we face when traveling for
After serving this country I find no State in the UNITED STATES ARE UNITED. It’s sad but the truth
Have done a few road trips but again I have to scan and make sure of their legal proceedings of registry.
Served and now I’m under more supervision than in the army.
Jm reports that this is ‘Still happening. I trvel wednesday driving but they count the drive dus as days away. I fly and they condider the fly day a day and i still need to report flights and car used etc. not on paper for 20 years…’