On August 18, the 1st District Court of Appeals in Florida ordered the acquittal of a registered citizen who was charged with failing to report to the sheriff’s office within 48 hours of moving.
The appellate court pointed out that the relevant statute, 943.0435(4), provides that registered citizens are required to report to the drivers’ license office within 48 hours after a move, but requires they report to the Sheriff’s office ONLY when one “vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence.”
This is an interesting finding and, unfortunately, it took someone having to appeal a conviction to interpret what’s written in statute, but if you know anyone that was convicted for failing to report to the Sheriff’s office within 48 hours of a move, please share the following case with them.
https://edca.1dca.org/DCADocs/2015/1298/151298_DC13_08182016_021339_i.pdf
Also, for those of you contemplating a move within Florida to a new residence, know that the current statute only requires you to go to the Drivers’ License office, not the Sheriff’s office also.
Does this over ride county ordinances that require individuals to report to the sheriffs office within a certain time frame upon entering the county: Such as Seminole Co.Ordinance : That requires Registrants to report in person if they are in the county more than 48 hrs and to carry a Seminole county SO Id issued at the SPOT
That wasn’t very clear – my point being that they do not really know the law and they just arbitrarily enforce things on people that are incorrect! in this case a man was convicted and I wonder if the 1st judge even read the dang statute???
Ahh that makes sense – I love it when we win! It reminds me of a conversation about the Halloween restrictions and how only certain ones apply to those off paper but the LE makes it seem like it applies to all!
I am sure they will change it very quickly but that would mean they do not update your address on the registry until your next appointment? Of course you would have had to contact them to get approval for the address so they would have the new info …
No – the DMV and DHSMV share databases with the FDLE.
If you change the address on your DL it updates in the registry. If your vehicle tag changes, the information on the registry is automatically updated even if you don’t notify them
Good post!
How is it the Sheriff’s office is allowed to change ,Address Verification , into Compliance Check.
Mark,
when they come knocking there is no law stating you must answer the door! When they come to me the are normally around 3-7 times before they happen to come by and see my outside. They let there little yellow tag with phone number on for me to call them, next time they come around i make sure they see it crumbled upped thrown on my porch, in fact they will see several of them and no, i don’t call them. make them do their job and work. keep them busy and make the county/state pay for gas and the cops time.
i was falsely arrested under that 5 years ago, i defended myself with same point and state dropped charges. it cost me a job and about 6 weeks of my life
Wonder how many didn’t defend themselves, took the plea under the threat of 5 years in prison and then it cost them jail time and another felony?
Realize the defendant/appellant in this case WAS convicted by the trial court and he appealed it!
If anyone is in this position, they should contact their defense attorney or [email protected]
well it was the same cop that had me arrested a year later for not updating reg. info. that case was also dropped. i used to travel for a living and this cop wanted me to stop in every town, city, state i went through and reg. i told him he was crazy. then he puts warrent out for not updating dr. lic. then about exactly 1 year later he did the same but with registration. both times cost me a job. 2nd time i was bringing home after taxes 1200-1400 a week but i was working about 100 hours a week. 1st. time i was in SD arrested and hauled around the states in a van for 3 weeks and i got to jail here on sunday evening, monday afternoon jail guards come to me and say pack your stuff your being released, i did not understand as i was under no bond; come to find out the state dropped the charge. 2nd time i was in CT. was arrested, sat in jail there for about 2 weeks and was placed on a bus for about 2 weeks until i got to a jail in KY. stayed there for about a week until the transport company had enough people to fill the bus with everyone from Fl. this time here i sat in jail for about 2-3 months and then state dropped charges. both times i wrote a letter to the judge explaining the law and why i was not guilty. PS. State Attorney Dropped charges i never did see the Judge. I have 6-8 years to go until it’s been 25 years and then i’m moving to a state that i will not have to reg. and it is automatic unless something changes in the mean time.
Another win. Keep them rolling!