FDLE offers guidance on reporting address changes to DHSMV
A couple of weeks ago, we wrote to the FDLE for clarification of what rules must be followed when someone establishes a new permanent or transient address.
We were contacted by a member, already on the Florida Registry, who went to visit family in another county. Since he would be at the temporary address for more than 4 days, he went to report to the Sheriff’s office, as required (or so we thought).
Turns out, after informing them of his temporary address (not removing his permanent address), they advised him he needed to go to the Driver’s License Office within 48 hours. Really? He was just visiting. He already had a FL Drivers License with the identifier on it because his home was in Florida.
When he got to the Driver’s License Office, they refused to issue the new license because he couldn’t produce a lease or utility bill evidencing his “residence”! Really? He was visiting someone’s home! Do they honestly expect him to sign a lease or put some bills in his name?
He left the Driver’s License Office with a letter saying they couldn’t issue his new license – just to prove he tried and after wasting two days waiting in lines to jump through these ridiculous, burdensome hoops.
We thought clearly this must be a mistake. FDLE wants to know if you are staying someplace temporarily (5 or more days), but do they really expect you to change your Driver’s License? Do they really expect you to spend 2 days of a 5 day trip taking care of administrative BS?
So we wrote to FDLE for guidance and their response was surprising!
They wrote; “There is no language in s. 943.0435, F.S. or s. 775.21, F.S. requiring an offender or predator who has registered as required and resides in Florida who is changing a permanent residence within Florida or adding/changing a temporary address within Florida to report this information to the sheriff’s office, unless they are unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles. In this case, they shall also report any change in their permanent, temporary, or transient residence within 48 hours after the change to the sheriff’s office in the county where they reside or are located and provide confirmation that they reported such information to the Department of Highway Safety and Motor Vehicles.”
So… if you are registered in Florida and move to a new address or visit someplace in Florida for more than 4 days, you are not required to report to the Sheriff’s Office, just the Driver’s license office!
Who knew, right? Especially when item #1 of the instructions they provide upon registration states, “Within 48 hours of establishing or maintaining a residence in this state, or release from custody and/or supervision of the Department of Corrections (DOC), the Department of Children and Family Services (DCFS), or the Department of Juvenile Justice (DJJ), I MUST report in person to the local sheriffs office to register my temporary, transient, or permanent address and other information specified in statute.
If I am convicted of an offense that requires registration and am not under custody and/or supervision of DOC I must report in person to the sheriffs office in the county of conviction within 48 hours of the conviction.{F.S. 943.0435(2)(a); 775.21(6)(e)}.
FAILURE TO REPORT AS REQUIRED IS A THIRD DEGREE FELONY.”
Confusing? Yes.
Correct information from FDLE? Who knows?
Logical? Absolutely not!
We will continue to update as more comes in.
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I’m at the driver’s license office now, and they don’t know how to enter my new temporary address…so I’m shuffling from clerk to clerk until they find one who knows what to do…I’ve been here an hour, at the city of Gainesville FL…what crap.
While it’s still fresh in my mind after I went to the local sheriff’s office to register my temporary address the officer told me she’s not sure if I have to come back and register here at my temporary address for the month of November or register in my permanent address even they are confused.
I am the guy that started this thread. Thst was back in 2017. I still dont see a cleaR clarificTion. This was in Volusia county. I have travel coming up and get chills when thinking about the run Round i will get at the SO. Please help
I live in Pinellas County, which is free of any countywide “enhanced” residency laws and maybe free of city ones too. The PCSO SPOT people are as polite and helpful as they can be and do not hassle you, assuming that you specifically have not done anything to cause them to treat you otherwise. With that said, they have absolutely no idea what some of the garbage in the state las actually means, particularly some of he knew crap like the 2016 and 2017 internet laws, nor do they appear to have been given anything in the way of guidance from on high from FDLE other than the same paper foolishness that they pass on to us. So what would you expect from Tallahassee?
So if i go to ny for three days, do i really need to temp address? Ill be back on the third day!
no
Yet the local pd tells me i need to report it to the sheriff. Pd does the residency checks not the vcso. I was at airport once picking up family and pregnant wife was told i could get arrested since i wasnt home twice. They didnt offer her an affadavit to sign that i do libe there. That was for just a few hours im petrified if a few days! Was told i need to be home yet not on house arrest or any type of supervision.
Still happening. I trvel wednesday driving but they count the drive dus as days away. I fly and they condider the fly day a day and i still need to report flights and car used etc. not on paper for 20 years…
A little off topic but somewhat relevant – my son went for his 6 month re-register about a week ago (Seminole County). He said they have a “new” system that is very streamlined compared to what it has been in the past. He said he did not have to fill out any paperwork and the officer just asked him questions to which he answered yes or no and that was it. I see this as a good thing – not because it makes it easier on the registered or the officers but because it is a sign that things are out-of-hand and the system needs relief. He also said it would have been a lot faster except the system went down in the middle of the process (lol). Anyway, I thought I would share.
What about a registered offender who reports a temporary residence change in Florida, lets say to visit a relative, and whose permanent residence is within a restricted zone but is allowed to live there because of it being “grandfathered”, that is, the permanent residence prior to conviction? I witnessed a situation during reregistration in which the person in front of me had reported a temporary residence in a home under contract he was allowed to access for a few days prior to closing. Unfortunately he was not able to close on the home because his mortgage application was declined. So he had to return to his home. The registration officer told him he could not return to his home because it was in a restricted zone due to the 2500 foot rule. He was instructed to vacate his previous residence immediately, obtain a legal residence and report back to the registration office. The man immediately became distraught and placed his head down on the ledge weeping. I tried to console him, telling him the officer may have instructed him in error and that he should immediately seek legal counsel wherein he would probably be allowed to return to his home. I never saw this person again and have no idea of the outcome.
Grandfathered is not prior to conviction. When an offender is grandfathered in, that means that he has been living permanently in that residence before the law was enacted. For example, let’s say the law passed in 2008. Your arrest or even conviction was in 2010, but you have been living there since 2000 without no moving whatsoever, they grandfather you in and that law protects you no matter how many schools or day cares they build around you. I know a few people that are grandfathered in and still living there for many years without no incident whatsoever. Living a peaceful and normal life.
From reading your post, I do think this was in error of the officer. He probably took out that first residence from the system and input the temp one in it’s place. When he should of had both on there for the record. Hope that person got legal help because they can’t really do that purposeless, unless it was a mistake on the officer’s part. My advise is that if you’re grandfathered in, don’t mess with it. Stay there patiently as your “only” residence until the laws change eventually. It’s certainly much better than sleeping on the street because of an incident like this.
P.S
I really do hope these laws go away. They are just ridiculous. Residence restrictions are so unconstitutional and punitive. Hope we see their demise very soon.
Thank you for your reply. However, be careful, your advice “…don’t mess with it. Stay there patiently as your ‘only’ residence…” may be interpreted to imply that if you’re in a grandfathered permanent residence you should either never temporarily change your address or, you should not report any temporary change of residence until the laws change (you put the word only in quotations, opening it to interpretation). In other words your advice may be interpreted to mean that it’s better to either never sleep anywhere else than in your grandfathered residence, or that it is better to take a chance getting caught committing a felony by making a temporary change but not reporting it in order to avoid being put out of your grandfathered residence and sleeping on the street. If so, someone who reads your reply who lives in a grandfathered residence (most all on the list in Miami-Dade County) and interprets your advice and then gets caught not reporting a temporary change of residence may in defense refer back to your advice (not necessarily that such a defense has any validity or will cause any problems for you).
What a conundrum. It’s just more evidence that the laws governing these situations are irrational and based on unreasonable fear laced with hysteria and/or mendacity, often forcing those on the list to become entangled in a maze of misinterpretation which often causes them to choose between untenable actions. Laws must be written so as to not be open to interpretation. They must mean what they say and say what they mean. This is almost completely impossible if they are written upon a foundation of paranoia and/or mendacity.
I am going to be changing address soon, so I am thinking a audio/video recording of all encounters with the Sheriff’s office and DMV would be in my best interest!!!!
jw