FAC Letter to FDLE concerning new registration requirements
As the change to the registration statute, reducing the number of days to register from 5 to 3, will undoubtedly increase the frequency of registration, we reached out to FDLE with questions about the enforcement.
Previously, a brief get-a-way, like a family trip for Memorial Day this coming weekend would have not triggered a registration requirement, now it will. That requires taking an extra day off to meet the IN PERSON registration requirement. Even if you wanted to come back a bit early to take care of it and avoid missing work, you can’t, because registration offices are not open!
Below, you can find a copy of the letter sent to the FDLE, asking for clarification on the law.
Letter To FDLE re July 1 requirements 05252018
Additionally, please consider contributing to our IN PERSON registration challenge. The purpose of this lawsuit will be to challenge the increasing number of events that require IN PERSON registration, where these things can easily be taken care of online or by telephone. We already must report IN PERSON two or four times per year, Reporting something like a vehicle change (which gets pulled from DHSMV anyway) or brief travel should not require having to take extra time off work to appear IN PERSON. You can donate to this cause here: https://floridaactioncommittee.org/donations/ we are just over 1/4 of the way there! Every little bit helps – let’s try to get to 50% funded this week!
So for people coming into the state, is it 3 days no matter or 3 days in any one location?
3 days in one location.
Im just so lost not even a lawyer could give me an answer: if i fly to ny for 7 days and literally do not spend more than 2 days in any one location i dont need to register it then?
Now a bit off example: Or if i decide to travel the us and only spend 2 days in every state then its not reportable to florida?
If you do not establish a temporary permanent or transient address, you do not need to register it in Florida unless it’s international travel, where even if you step foot outside the country for a minute it’s reportable.
Other states may have laws that require you to register even if you step foot inside their state.
3 days in calender year!
Per my Probation Officer and Treatment Provider, the three days is legally enforceable as two overnight stays. Meaning, arrive by 10pm on your “First” day at your temporary lodging, rise in the morning for your “Second” day, stay overnight again, rise at 6am for your “third” day. You have stayed just over 32 hours but can be held accountable for not registering as the statute is being interpreted. Using this kind of interpretation you can bring the actual period of your stay down to 24 hours and 1 second if you have no curfew restrictions. Arrive 11:59:59pm on the “First” day, depart 00:00:01am on the “Third”day (only 24 hours and one second after arrival). So don’t get the mindset of three days being 72 hours. This kind of “fuzzy” law does not do a service to the citizens of Florida.
Richard – please give us the name of your PO and treatment provider so that we may correct them. They are wrong.
this is the same answer I got when I called to the FDLE in Tallahassee, if you arrive at a location up to 23:59 pm, and are there at 00:01 am, it is classified as 1 day
Do you have a record of who you spoke with at FDLE?
If you read the FDLE’s response to our lawsuits and what they advised us, that is not correct.
I dont, I called just after this as passed
I gather that the out of state travel requires notification no matter what, but what if you say want to go on vacation for 6 days and stay in three different motels?
not necessarily. only if you are going to establish a temporary, transient or permanent residence for 3 or more days.
If you don’t stay in one of the 3 different motels for 3 or more days the registration requirement (according to our understanding of the law – FAC is NOT a law firm) the requirement is not triggered.
if your out of state visiting and say you go to MD. and MD law says a temp residence is 14 days and that’s if they even say there is such a thing called temp. residency even though you are no longer in Florida visiting/vacatining/etc… or should you be hospitalized while out of state I don’t possibly see how Florida law could be enforced as you are no longer in the jurisdiction of hate (aka Florida) but I assume it would take someone being arrested to challenge that part of this hate crime(law)
Georgia use to be onw of the worst States for Sex Offender Registries. Then the ACLU sued, and then Georgia became one of the best States to get off the registry. How come the ACLU here in Florida can’t follow suit?
The ACLU is currently engaged in 2 lawsuits in Florida. One of which was filed in 2014, went to the 11th Circuit and back and is pending trial in the Southern District of Florida (currently scheduled for October). If you review our site regularly and sign up to receive our weekly updates, you will be kept informed about some of the happenings.
I have just completed probation. My adjudication was withheld in the original plea agreement and therefore still have my civil rights in tact. I have been hoping to plan a vacation to get away once probation was completed, but just received the notice via mail regarding the July 1st change to the residency 3 day rule. I am presuming that means if my stay occurs prior to July 1, 2018 within the state of FL and does not exceed 4 days at a single location, I am still compliant? I keep seeing information about retroactive, but I don’t see how they could enforce the new rule if this vacation occurs prior to July 1st, am I correct?
Also, if I so desire to stay at 2 different locations within the same county consecutively (all within the state of FL) for no more than 4 days at each location prior to July 1, I would not need to register within that county? Finally, once the new law is in effect, would I be able to stay within a specific county or counties in FL at various locations provided each stay did not exceed 3 days? Just trying to figure this out in order to stay compliant. I didn’t see any kind of wording on how long I am allowed to be away from my permanent residence without reporting travel plans outside of international/out of state travel. Any clarification from the FAC would be greatly appreciated.
DG – your interpretation matches ours. It’s only if you ESTABLISH a new temporary, permanent or transient residence that the registration requirement is triggered. It’s not clear, at this point, whether you would only be able to stay 1 night or 2, because the FDLE has not clarified whether partial days would be included in the 3 day rule.
The law only becomes effective on 7/1, so travel before and don’t stay more than 4 days in any one location.
All this said; this is based on our interpretation of the law and our discussion with attorneys. it is by NO MEANS legal advise. It should not be relied upon as a legal opinion and if you get arrested and waive an FAC post in front of the judge, it won’t carry any weight.
We have a request for clarification submitted to the FDLE. Presuming they write back, that opinion is something you can waive in front of someone. A bigger pain in the ass would be to request a declaratory judgment from the court or to wait until someone gets arrested for violating the new law and challenges it, to get a binding interpretation of what that means.
FAC I understand you are not giving legal advice but is it your opinion as I read here it’s the location and not the county? I thought if I stayed in MIami for example for more than 2 days I would need to actually go to say FT lauderdale that is in a different county to not tigger the rule. Does switching Hotels in the same county each for 2 days avoid this?
Thanks
it is our understanding that it is the location, not the county.
If you stayed at 2 locations within the same county for 3 or more days in a year EACH, you would need to register both. If you stayed at 4 locations within the same county for less than 3 days EACH, you would not have to register any.
Ok, this interests me.
So, if you are traveling, regardless of where, if you are at a location for 3+ days, you have to register it. I got that. Now, is that 3 days total, 3 days consecutive, 3 days in a year, 3 days in a month, 3 days in 6 months, what?
I haven’t seen anything that states what the 3 days is in terms of duration between events.
If I go to Location A, stay 2 days, go to Location B, stay 2 days, go to Location C, stay 2 days. I’m good to go. Now, this has all been within a week. Could I go back to Location A? Or would I need to go to X number of “other” locations for 2 day intervals before I returned to Location A? How long before I could return to Location A?
Also, if I went to Location A, spent 1 day there, and I was gone elsewhere for 6 months, for example. Would I be allowed to return to Location A for 2 days the next time, or would it only be for 1 day?
I have thought about getting an RV/Trailer and just go driving to help narrow down some of the BS of all this. I know the vehicle would have to registered, but at least I could move about relatively freely (except every 6 months have to return to Fl to register; which, this brings another question up. Could I just leave Fl and just travel and not return? And then when/if I come back, just register then?)
Thanks for the letter in the mail. I didn’t know this site existed before I got it.
BH
3 days in the aggregate during a year.
Read the statute.
@DG
Just go and enjoy your vacation man. Don’t worry about any of these stupid requirements. There’s no way your county is going to know 1) that you even took a vacation and 2) how long you stayed in one or any location. Go enjoy yourself and let Florida and these moron lawmakers and laws be the last thing on your mind. Pay cash for your lodgings and don’t get pulled over and you’ll be fine. 🙂
Disclaimer : FAC encourages following all laws and doesn’t advise you do what I recommended Lol.
MJ^ is a smart person, definitely read my mind. When YOU (everyone who is reading this) are on your death bed, I can assure you that this stupidity of ‘laws’ will not matter. What Should matter is whether or not you were a decent person and didn’t cause other people harm or trouble, especially after learning your lesson if you were convicted of a crime. People need to live their lives and stop following this stupidity coming out of the minds of these Misguided Moron Politicians. They have NOT spent a SINGLE HOUR researching anything before passing the law. That is why it is UTTER BS and eventually it will be abolished because it has Zero foundation to stand on. Remember that. Politicians and the Government are NOT ‘GOD’. They work for Us the People, not WE work for them. Too many US citizens forget that due to blatant fear (let’s be honest). If you are not being malicious and are minding your own business then they should not give you a hard time. Just don’t tell them you’ve been in the state for longer than 3 days. You think they have time to open an FBI investigation each time someone is stopped for a minor civil infraction and they need to find out how long this person has been on vacation in Florida? If they do then we sure as hell have been expanding and funding the Government way too much, if they have time to deal such minutiae. On a side note, if you don’t like these laws STOP VOTING for Democrats or Republicans. This is 2 sides of the same coin. They will continually keep funding this Machine, endless laws, endless ways to send you to Prison. It has to be this way because of the system that is setup currently. If you don’t like it, vote for a 3RD Party. Until this is done, we will not have major, overdue changes in this country.
The real problem here is that they do not consider these issues because to most of them the thought that RSOs have lives and families is not fathomable. It almost feels as if as soon as that thought creeps into their minds they make more laws to further ostracize them from society
Big Question:
RSO flies into Florida at 5pm on a Memorial Day Saturday
His return is on the following Tuesday at 8am
He can find a local sheriff office to register, but he will not be able to obtain a Florida ID as the DMV will be closed during that time..
What does he do?
Is he in violation of the new statutory language?