FDLE Memo to Law Enforcement Advising of Legislative Changes
The Florida Department of Law Enforcement has sent the below memo to law enforcement, notifying them of the recent legislative change that will go into effect in July. The change reduces the amount of time within which you have to register a temporary address. If your county’s law enforcement is not open at least 6 days a week so that you can comply with the “within 48 hour” requirement, please ask them what provisions they will make to accommodate the new law.
If they refuse to accommodate, please let us know NOW, so that we can ensure the systems are in place in time for the new law to be implemented.
SRO FDLE Legislative session bills passed
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FAC,
Thank you for all you are doing to try to correct, and or, change the laws regarding sex offenders.
Seeing that the start of Hurricane season is only days away, I have a question. I think I posed this question before, but look for additional info.
Let us say (God forbid) that another Andrew, Katrina came thru and we had to evacuate. That alone, would be stressful enough. Given that ALL Governmental offices would be closed DAYS before the Mandatory evacuation.
Now, even tho we are trying to do the right thing and let the cops know we are evacuating, we cant (they are closed). We cant tell them WHERE we are going (hotels are booked solid 3 States away), when (and IF) we shall return (KATRINA & ANDREW).
They provide NO provisions in the Law for a disaster like this.
So, I think my question is this:
Are we allowed to violate our “terms” (which I never agreed to) for the safety and well being of our selves, in a deadly situation??
OR…
Is FDLE telling me that if I leave, (dont know where I am going to escape) and a catastrophe hits, wiping out swaths of civilization, that I am still under obligation/law to report to a Sheriffs station that doesnt exist within 3 days??
Does FDLE have a plan? A Clue?
Sean – you are in Broward. Broward allows registrants in emergency shelters, you just have to let them know you are there. This is a battle that we fought last year and were successful.
If you read the other posts, you will see that we sent a letter to FDLE asking for clarification on some of these issues.
The more I read about this Florida registration policy the more ‘fouled up’ Florida appears to be (I tried to keep my description ‘G’ rated). It would appear that no thought went into the policy at all. When I was at the Pentagon writing aircraft maintenance policy and if my instructions were this convoluted, the policy would have never gotten out of the building and my boss would have probably fired me. Florida is making “Hogan’s goat” look more and more organized every day.
To Captain Charles,
FIRST, I know today we pay tribute to our fallen, to the ones who gave the ultimate price.
But you Sir, I salute. I just want to thank you for your service.
Now to reply to you on this convoluted law….
Have you ever heard of the Bataan Death March?? It seems like we are slowly making that walk.
I have been to Bataan…but only as a visitor while I was in the Philippines. We must be careful not to give the politicians any ideas.
I got my notification in the mail today and I am still not sure what “place” means. Does that mean if you travel at all for more than 3 days or only if you stay in say the same hotel for 4 days?
so if I’m hospitalized for whatever reason for more then 3 days I’m in violation of this law; if I have surgery and then transported to a rehab facility I’m in violation of this law possibly twice as there is no exception. seems like a bunch of lawmakers must have (or their family) ownership in private prisons.
iI’m trying to make sense of thsis also, did FDLE ever define “a day ” ??
Concerned,
You just made the light go on in my head about this. What happens if I go to the hospital for more than 3 days? Do I have to register the hospital as a “Temporary residence”????
What happens if I am in a car wreck (not to UNcommon in Sth. Fla.) and I am in a unconscious state?
So let me get this straight; If I am in a wreck, transported to the hospital, in an unconscious state, and remain that way for more than 3 days, I have violated the 3 day law and they send me to jail on a FELONY!!??
Remember you have to go “IN PERSON” to the cops and register this temporary address.
I received a card in the mail today outlining the new registration requirements. In my estimate they are impossible to comply with and certainly contribute nothing positive to the public of the state of Florida. Only a group of bureaucrats sitting in a circle smoking dope could have come up with such requirements. Am I to assume that the SORT offices and DMV will be open seven days a week? Really, I already know the answer to that question. I cannot sit back and not say something to the governor, his AG, my local representatives, the news papers, and numerous friends who find these actions most ludicrous. It’s time we expose the frauds and fools for what they are. The ‘public whore’ Lauren Book and her monger, Ron, need to be brought out into the light. It’s time that good Americans who have had failings in their lives…as have all including the Books…are allowed to be restored to citizenship and their families, their communities, and their country. As a group we must flood political offices and newspaper offices with examples and complaints. It’s becoming quite obvious that the legal system is going nowhere except in the negative direction. Joseph Goebbels and Joseph Stalin had it right…the lie has been repeated enough to become the truth and the truth is no longer a goal. Many of our legislators have become drunk sipping the ‘coolade of lies’.
Sean,
You are 100% correct! there is no exception! now would they actually charge you? doubtful but they very well could and should as there is no exception and the law is the law! thus it’s actually impossible to abide by and should be unconstitutional!
Sean, and hopefully a loved one does not get ill. have an accident, pass away where you must leave to get to them when the SO Reg. office is closed, then what? you are in violation!
Concerned,
Sadly my only living relatives passed away in 2014. I am an only child and estranged father. (minus the 2 I adopted; which I found out later the ex-wife lied to the adoption judge about the real father–the adoption was illegal—but sealed).
Anyway, I am here, not only to clear my name, but to help others; whether its a joke, a comment, heartfelt words…
It is important that all RSO’s live such a life that no fault can be found and that their activities, restricted as they may be, are positive additions to family, community and the state.
Im so sorry: ok i travel to nyc frequently but dont stay in one place more than 2 days. Its usualy 2 days at home then 1 night in a hotel. Do i need to do anything?
One item NOT mentioned in the FDLE notification is the requirement to report to the DMV and register your ‘temporary address’ within the current 5 day period
.
Questions:
1. Does one still have 5 days to do the DMV registration?
2. Are all DVM offices open the 6 days that Registration Offices are now mandated to be open if the 3 day (48 hour) edict is to be followed?
If the answer is ‘yes’ to the adjusted time period of 3 days, then the DMV should also get a notification of new mandatory hours.
If I remember correctly, there are some cities/municipalities that have additional registration requirements with their local LEO’s, I feel that they too should be included in this announcement.
Your thoughts and comments are appreciated.
1- No, effective July 1 it’s 3 days.
2- no, actually, they are not.
We will draft a letter to the FDLE
Pursuant to Florida Statute 945.0435(4)(a), within 48 hours after any change in my permanent, temporary, or transient residence…, I must report in person to a driver license office to update my driver license or identification card…
Just an interesting piece of information that I found out from the DHSMV during my recent visit for out-of-state travel. They can put an out-of-state address on your driver license or identification card. This primarily done for military personnel. RSO that are traveling and have temporary addresses, they do not put the addresses on the license. I confirmed this with the supervisor who showed me the official handbook regarding sex offenders and predators.
This 48 hour requirement will remain the same when the new statutes become effective July 1, 2018. Besides the new 3 day rule for residences, the only other change is the mandatory minimum sentence for registration violations.
If you are found guilty (plead guilty, plead nolo contendere) of/to any violation of the registration requirements, including the failure to report internet identifiers, if the court does not impose prison time, at a minimum, the court must impose a minimum sentence and fine. The minimum sentence is mandatory community control with GPS monitoring and a fine. First time offenders is 6 months community control, second time offender is 1 year, and third time is 2 years.
According to my research of the Florida Criminal Punishment Code, a violation of the registration statutes is a third degree felony and a Level 7 offense for sentencing purposed which has 56 points assigned. Assuming that you do not have any prior records points added to the scoresheet (10 years is the cutoff) the minimum prison sentence would be 21 months (56-28) x.75. The maximum sentence by statute for a third degree felony is 5 years.
The sentencing range would be 21 months – 60 months. Should the judge decide to deviate and not impose a prison sentence, they would be required to impose the applicable mandatory minimum sentence.
Should you fail to report out-of-state or international travel, you can be prosecuted at the federal level through SORNA violation. The having done work on federal appeals cases for SORNA violations, the penalties are much more severe at the federal level.
If I would like to camping in North Carolina for a three or four day weekend vacation, what do I have to do now? I am not on probation.
If you are planning on staying in the same place for 3 or more days in another state, you will need to notify the registration office in your county at least 48 hours before you leave.
So what qualifies as “the same place?”
Must I also check in when I get to North Carolina even for a long weekend trip?
You would have to check the laws in North Carolina.
Here’s a directory where you can find the office in the County you will be visiting.
http://ncsheriffs.org/sheriffs
As far as Florida, if you will be establishing a temporary residence in NC for 3 or more days, you will have to register here.
My question is .
If I have a death in my family and cannot get to my registration place before my plane leaves I am not allowed to leave ?
Also if in another state they don’t put the address on your license do they ?
You are allowed to leave, but if you fail to register, as required by statute, you will have violated the registration statute.
If you register a temporary address in another state, they do not put it on your Florida Driver’s License.
It also means that you would be precluded from requesting removal after 15/25 years just for the arrest. Of course, that assumes that anyone will even be released from the registration requirement.
JoeM,
Before 2007 they had a law on the books that IF this was your first offense, you have not been arrested since and completed all of your requirements; from the date of the offense (20 years) you can apply for removal and expungement.
Sadly, along with many other laws that helped us try to make a better life for ourselves, were dropped or struck down and we are on the list for life.
It was increased to 25 years from the date you are relieved of all sanctions from the offense.