Potential Good News! Amendment filed in CS/CS/SB 234
On Friday, Amendment 122135 was filed as part of Senate Bill 234, which addressed State v. James, 298 So. 3d 90 (Fla. 2d DCA 2020) (the case that said someone who has not paid their fee has no requirement to register), but removed the parts of the bill that state, “A day includes any part of a calendar day.”
https://www.flsenate.gov/Session/Bill/2021/234/Amendment/122135/PDF
If the language that concerned us the most (having to register places where we were present for only parts of a day), is gone, this is great news!
I would like to think that all of our efforts in bringing this concern to the legislators caused them to rethink the “a day includes any part of a calendar day” change. We will keep everyone updated.
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SB 234: Sexual Offender Registration
4/27/2021
Senate Concurred in 1 amendment(s) (606605)
CS passed as amended; YEAS 39 NAYS 0
Ordered engrossed, then enrolled
https://flsenate.gov/Session/Bill/2021/234/BillText/er/PDF
For those that can’t or won’t read the bill, the onerous verbiage “part of a calendar day” is gone.
Unfortunately, the ability to manage vehicle registrations online is gone as well.
No carrot without the stick.
Is FAC’s position that the remaining bill is good, bad, or just neutral?
Does it make any significant differences affecting how to comply?
Too bad about online vehicles. “Any part of a day” would, of course, have been a fiasco.
Grateful as always to our Legislative Committee volunteer(s).
Any Bill impacting our population or AGAIN changing 943.0435 for the 22nd time in the 24 years it’s been in effect, is bad.
However the language that we were MOST concerned with is gone and for that, this is good. We didn’t get a benefit (reporting vehicles online), but we avoided a HUGE debacle.
For Mr. James and anybody else who is impacted by the “fee” language, it’s naturally bad.
Let me put it this way… every year we go into the legislative session expecting to get bashed in the head with a sledgehammer. This year was looking that way for a bit. In the end, we’re taking our punch to the arm and grateful for the support we had from our members in avoiding the sledgehammer.
Arriving Friday afternoon & leaving Monday morning would not trigger registration. Not unless you’re staying at the same address at other time(s) during the calendar year.
Staying in a vacation rental unit POSSIBLY could, depending on pending legislation.
Is it true that I could come to Florida- arrive Friday afternoon sometime and leave first thing Monday morning- and NOT have to register? Could someone explain how this works? I would like to come down there with my family, but absolutely don’t want to wind up afoul of any registration requirements for out of state registrants.
Thank you!
WORLDWIDE PLANETARY BULLETIN: STAY AWAY FROM FLORIDUH AT ALL COSTS
But, if you have to come, under your scenario, you would not have to register. Under current FDLE interpretation, Friday and Monday do not count toward the 3 days, only Saturday and Sunday count.
(1)(f) “Permanent residence,” “temporary residence,” and “transient residence” have the same meaning as provided in s. 775.21.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0435.html
(2)(k) “Permanent residence” means a place where the person abides, lodges, or resides for 3 or more consecutive days.
(2)(n) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 3 or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.
(2)(o) “Transient residence” means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.21.html
Without a doubt whoever came up with these definitions had to be high on something. They do not register with being valid for anyone in his/her right mind. I grew up in a Navy family and spent 29 years in the Navy myself. I think I have a pretty good idea as to what permanent and temporary residence are. A permanent residence is where you move your household to. A temporary residence is where you pack your suitcase and shaving kit and reside while on a temporary assignment. A motel/hotel room while on vacation hardly fits any of the political BS definitions.
Please click on links in this thread and read the bills. This will answer many repeat questions.
HB 141 Parenting and Time-Sharing of a Minor Child for a Convicted Parent [Companion bill to SB 932] contains the same language as SB 932. This has not changed through any amendments or committee substitutes.
https://flsenate.gov/Session/Bill/2021/141
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=70127&SessionId=90