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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