FAC Requests Clarification from FDLE on Vehicle Registration
The following letter was sent from FAC to the FDLE.
———-
To Whom It May Concern:
Last year, the Florida legislature passed a series of laws governing sex offenders. Included in these laws are additional requirements concerning “Vehicles Owned”. These additions included a change in the definition of “Vehicles Owned” in F.S. 320.01.
FDLE had circulated an advisory to registrants informing them that they would be required to, “report in person to the sheriff’s office WITHIN 48 HOURS after any change in “vehicles owned” to report those vehicle information changes. {F.S. 943.0435(2)(b)3; 775.21(6)(a)1.c}”
The change in definition apparently required a registrant to report in person, within 48 Hours of any change in “Vehicles Owned”, which now includes the following:
Any vehicle:
- Registered
- Coregistered
- Leased
- Titled, or
- Rented to YOU
AND
- A rented vehicle that you are authorized to drive, or
- A vehicle for which you are insured as a driver.
ALSO included are all vehicles
- Registered
- Coregistered
- Leased
- Titled, or
- Rented
By a person or persons residing at your permanent residence for 5 or more consecutive days.
The Florida Action Committee (FAC) is a non-profit advocacy group. Our members are predominantly comprised of registered citizens and their family members. Part of FACs function is to provide information to our members in an effort to help them navigate the complex and confusing requirements of the registry.
The changes to the “Vehicles Owned” requirement has created significant confusion and the purpose of this letter is to solicit your guidance as to what would trigger an event that would require registration.
Below are some questions or scenarios and we would appreciate if you could advise whether registration would be required under these scenarios.
For ease of reference, I will outline and number these questions/scenarios so that you can respond referencing the number.
- Registrant receives a houseguest who plans to stay for a week and has a vehicle. Registrant will not drive the houseguest’s vehicle. Is Registrant required to report to the sheriff’s office in person to register the guest’s car?
- Under 1; would the 48 hour requirement be triggered within 48 hours of the guest’s arrival or within 48 hours of the guest’s staying 5 or more consecutive days
- Under 1; would the Registrant be required to report to the sheriff’s office in person again within 48 hours to report the change when the houseguest leaves, in order to remove the vehicle from the registry?
- Registrant lives with a non-familial roommate. That roommate receives a houseguest and has a vehicle. Registrant has no clue how long the roommate’s guest plans to stay. Is Registrant required to report to the sheriff’s office in person to register the roommate’s guest’s car?
- Under 4; would the Registrant be required to report to the sheriff’s office in person within 48 hours every time the non-familial roommate changes cars or receives a houseguest?
- Many Registrants are destitute or have difficulty finding housing and live in a shared living environment (ie: group home, halfway-house, transient living facility, etc.). Is Registrant required to report to the sheriff’s office in person to register every vehicle belonging to an individual staying in that shared living environment?
- Under 6; would the Registrant be required to report to the sheriff’s office in person every time a new individual owning/leasing/renting a vehicles moves into or out of the shared living environment?
- Since “Permanent Residence” can include a transient address and many Registrants live homeless at encampments throughout Florida, would the definition of “person or persons residing at your permanent residence” include other registrants registered as transient at the same location?
- Vehicles “rented to” a Registrant are now required to be registered. Registrant from Miami travels to Jacksonville for business. Registrant will be in Jacksonville for three days. While in Jacksonville Registrant will rent a car. Is Registrant required to report to the sheriff’s office in person to register the rented car?
- Under 9; would the Registrant be able to report, in person, to the sheriff’s office in Jacksonville to register the rented car, or would they need to return to Miami within 48 hours to register the rented car?
- Under 9; would the Registrant also be required to report, in person, to the sheriff’s office to report that the rental car has been returned and, if so, would the Registrant be required to report to the sheriff in Jacksonville or in Miami to report that the rental car has been returned?
- Registrant from Orlando travels to Tallahassee for business. Registrant will only be in Tallahassee for one day and plans to rent a car for the day. Is Registrant required to report to the sheriff’s office in person within 48 hours to register the rental car, even though the car had already been returned?
- Registrant lives with a spouse/relative/roommate. The spouse/relative/roommate is a “person residing at [Registrant’s] permanent residence for 5 or more consecutive days”. Would registrant be required to report to the sheriff’s office in person within 48 hours to register a vehicle rented to the spouse/relative/roommate?
- Registrant lives with a spouse/relative/roommate in Miami. The spouse/relative/roommate is a “person residing at [Registrant’s] permanent residence for 5 or more consecutive days”. Spouse/relative/roommate travels to Jacksonville (without Registrant) for work and rents a vehicle. Would registrant be required to report to the sheriff’s office in person within 48 hours to register a vehicle rented to the spouse/relative/roommate?
- If the answer to 14 is yes; if the spouse/relative/roommate is unable to recall the VIN and License Tag Number of the rental car or unwilling to provide that information, is there an exception that would enable the Registrant avoid committing a third degree felony?
- Registrant is employed by a company that operates a fleet of vehicles (ex: landscaping company, construction, etc.) and is insured through an umbrella policy that covers the entire fleet. Under the requirement of registering “a vehicle for which [the Registrant] are insured as a driver”, would Registrant be required to report to the sheriff’s office in person within 48 hours to register every vehicle in the fleet or anytime a vehicle is added to the fleet?
- F.S. 943.0435(2)(b)3/775.21(6)(a)1.c specifies the requirement to report in person to the sheriff’s office WITHIN 48 HOURS after any change in “vehicles owned” (emphasis taken from FDLE’s 2014 Registration Updates). May a Registrant report to their local sheriff’s office or are they required to report to the designated “registration office” for the county, which might be far, inconvenient, only open designated hours, require a substantial wait and could require a Registrant to take additional time off work?
- If the answer to 17 requires the Registrant to report to the county’s registration location, many registration offices require appointments or have set registration days that would make compliance with this requirement impossible. Is there any exception in the statute that would accommodate this situation?
Kindly respond to the scenarios/questions referencing the number your answer corresponds to. If the answer to any of the scenarios/questions is no, kindly provide the statutory reference to the exception so that we can share it with our membership.
I greatly appreciate your anticipated cooperation in providing this clarification.
Sincerely,
Gail Colletta, President
Florida Action Committee, Inc.
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What really is bad is i have to register as sex offender for a 3rd degree assault conviction. I have been doing it since 1994. I also got 10 years added to my registration for a dui. I been dealing with this since i was 20 now im 48. Kids bullied at school an a million other things. Lost jobs. Wife lost jobs cause of me. One thing i think could help turn the tide is all sex offenders apply for social security disability. I got ptsd from it. Plus whos gonna hire you? I got approved 4 years ago. If we cost them money it will take all the fun out of it for them.
I have been saying that the state has made us unemployable for years. They probably expect us to dig ditches for minimum wage. I’m too old for that crap. Also, I feel you on the ptsd. My heart jumps EVERY time the doorbell rings. I dread being pulled, over or even being in a car that’s pulled over.
How did you get the disability? Did you use being a registrant as the disability? It should be. LMK… Please!
I couldn’t even get that job in Volusia County.
What is the penalty for not registering a vehicle you purchased. I am 4 weeks late.
(1) the penalty is a third degree felony.
(2) I hope Allen is a pseudonym.
Hello can you clarify? I am very confused on this. My Wife who lives with me but also has another property purchased a Trailer to Pull a personal Water Craft. Everything is in her name. The Trailer and Vehicle at the other House. Do I have to Register both the Trailer and The Craft even though its not at my Registration address and titled in her name? Thanks
Here is the actual language from the statute WITH EMPHASIS.
(p) “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. The term also includes any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days.
You can interpret the statute for yourself or get a formal legal opinion, but if the vehicle is registered to your wife and your wife lives with you for 5 or more consecutive days, do you really want to take chances if the statute says that it’s registrable?
Hello and Thanks. I did go spoke with 2 people including supervisor. Was told neither Ski nor Trailer needed to be registered. They wouldnt do it. Tge mai. Guy has always been strait with me so all I can do is document I went.
Hello I was going to purchase a Jet Ski this year and I have read 320.01 and it says nothing I can find about a Jet Ski or Boat to be defined as a Vehicle. I do see in the Offender Rules if you make a Vessel your Residence you must provide all the info. I cannot find anything that says I would need to register a Vessel except a spot exists on the Registration. Can anybody point me to any legal law that says we need to provide this info and why? I just cant find anything that says a personal watercraft simply owned needs to be registered. Thanks
You are right – it’s not in the statute.
I also wanted to buy a JetSki this year so I contacted my local Registration office here in TampaBay. I looked at the Law and it doesn’t say that a Vessel has to be registered UNLESS its your Residence. Orlando appears to have a County Rule that does specify so may others. What makes no sense to me is I was told my County does not HOWEVER the FDLE portal they use requires them to ask me so they can enter any Boats or Jetskis into the computer. Why is FDLE making this requirement when no law or Rule supports this request? I don’t want issues so once I get one I will comply but we should not have to provide this info if not mandated by the Statue or Law!!!! My office was very clear its FDLE asking as a requirement not them
Because they can. I registered my &@[] fishing license… just to be safe.
Any idea how we can be required to provide information beyond the law? Is this another example how the registry has gone too far and does not even adhere to its own conflicting rules? I am pretty sure this is only 1 example of stuff getting asked and not required. Has FAC ever asked for Clarification? Florida has a seperate and clear Statue that defines Vessels not listed on any of my paperwork. Would all these violations be a cause for another type of lawsuit on behalf of Registrants?
As long as there is no ownership by me..in any event..(any vehicles owned)
Does not apply to me…be mindful (p)…was self explanatory (any change in vehicles owned)…
I’m in Florida, They ask me every time I Register. I can not make my Family do it. So either you go get it from them or violate my Registration. I will take it before a Jury. My offence was over 30 Years ago. Pressing this issue could make me Homeless. I flat out refuse. My Family said NO WAY.
First of all , thank you Gail for the work that and the other folks at FAC are doing to advocate for us. I have two questions, fist did you ever receive an answer to this letter? Second, would this apply to an out of state rental?
We did not receive an answer. Speak to your local registration office to see if they require it. It would seem the answer would be no, since they have no jurisdiction, but get a response to CYA.
My boy was arrested for this and is looking at 20 months in Prison he went to register the car when his wife purchased it and he did not have the registration with him when he went so he called home and asked his wife to go and get the vin number and tag number and she did and gave it to the person at the sheriffs office and some how they did not put the information in the paper work so they came out to the house and asked him about it 4 years after the car was purchased and because he did not remember they arrested him over it. its terrible! He already suffered enough over this and has never ever gotten into trouble again. He has another truck and boat that was all purchased after this car he is very careful about all of this and has never ever missed getting them this information and I know that if he knew that they did not have the information that he would of taken it right over to them. they have been out to the house all the time last 4 years and has not ever asked about this . He has had these charges since 2009 and never been into any trouble before. This is going to devastate my grand children because he takes care of them so that mom can work I dont know what will happen if they give him time she wont be able to care for the kids herself. ruining babies lives also!
Cindy – did this happen in Polk County?
I have a car that I am having painted , when I registered it I put color as gray as it was in primer, 9 months later, it is being painted..I called the Sheriff’s department and they said I MUST come in and re-register car with in 48 hours of getting it back.. I can not find ANYTHING in the regulation that addresses color change.. did I miss something
I believe you may have:
943.0435(14)(c)1. “the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned;”
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0435.html
Thanks JZ – that’s correct.
thanks !
What if those vhicles are owned by others and some don’t even run? One of those cars isn’t even registered in the State of Florida!it is mine and I’m not a sex offender..
if it’s at the location, running or not, it has to be registered.
IF a registered sex offender is living there.
What if there are more than one apartment on the premises? Is the person who is in his own apartment, required to register the vehicle information of a person in the apartment next door? Also, what if the person next door does not want his (or her) information on the website associated with a sex offender?
If it’s a separate address it’s a separate residence.
Here is the catch in this individuals case. The landlady never put any numbers or letters on each door to differentiate them. So the addresses were the same but they were different units that she rented out. She is making the correction now and is willing to go to court on the individual’s behalf. It just seems like splitting hairs on the States behalf.
I hope this individual doesn’t plead out. Make sure his/her attorney knows what they are doing.
The neighbor’s information will not appear on the website.
Mine wasnt registered just shows up without a plate online. Heres a question though: have a home in another state with a car: does that need to be on there?
Jack, this is where I believe people like yourself are missing the boat on this. Where do your rights to privacy begin? What gives the State (any State) the right to garner and file your personal information about your vehicles? Once they do this, your info becomes connected to the sex offenders info. I am waiting for people that are having this done to them to sue the State for the invasion of privacy. I believe that they are in violation of your rights under the first Amendment of the Constitution.
Vehicle registration and other provisions are being challenged by FAC in court on multiple grounds. In the meantime, those who are required to comply, shouldn’t put themselves at risk of a felony by failing to do so.
Agreed – if you join in on our Member call this Thursday, we will be discussing our 2019 legal challenge which will be brought on behalf of family members, cohabitants, neighbors, etc. who are subjected to the requirements of the registry even though they are not a registrant. For example, a roommate who has to have his car registered, a spouse who has to have a sign placed on her door on Halloween, a son who can’t have their father at a soccer game, a daughter whose father was banned from her graduation.
#2 covers your question. It specifies “color” within.
I will gladly file any law suit in federal court regarding the legality of the vehicle registration insanity. It is a clear violation of a law abiding citizens rights to be categorized along with those who have committed crimes. It no more than a money making scheme and system designed to rearrest and punish offenders. I personally have been pulled over because the police ran my plate…. car is not in my name for other reasons but I do drive it…. there are plenty of other restrictions that require attention too and I’d be happy to work with the Action committee in attacking these issues….
Brian T – are you a lawyer?