FDLE Replies to domestic travel inquiry
The FDLE has replied to FAC’s request for clarification on domestic travel. Several members have been MISINFORMED by their registration offices that anytime they leave the state of Florida they are required to report. The FDLE’s website also had this incorrect information in their Q&A section. Last month FAC reached out to the FDLE, seeking clarification and today we received their response.
Registrants DO NOT need to report when leaving the State. Only when establishing a permanent, temporary or transient residence in another state. If your local Sheriff’s office still requires you to provide notice when leaving the State, please let FAC know.
FAC appreciates FDLE’s response and taking action to correct their website.
A copy of the correspondence is below.
From: Sexual Predator Unit <[email protected]>
Date: July 14, 2022 at 12:22:31 PM EDT
To: Gail Colletta
Subject: RE: Letter to FDLE Domestic Travel
Good afternoon,
Thank you for your inquiry.
Per Florida Statutes 943.0435(7) and 775.21(6)(i), a sexual offender or predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual offender 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible before departure. The sexual offender or predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender or predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel.
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 to report domestic travel to another state if they will not establish a residency outside of Florida.
Florida Statute 775.21 defines a “permanent residence” as a place where the person abides, lodges, or resides for three or more consecutive days, and “temporary residence” as a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of three or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. “Transient residence” means a county where a person lives, remains, or is located for a period of three or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
We will review the information on our website and update it as appropriate.
Sincerely,
| Enforcement & Investigative Support
Florida Department of Law Enforcement |
|
| [email protected]
1-888-357-7332 850-410-8599 (fax) |
PO Box 1489
Tallahassee, FL 32302-1489 |
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are considered to be public records and will be made available to the public and the media upon request. Your e-mail messages may, therefore, be subject to public disclosure.
From: Gail Colletta
Sent: Friday, June 10, 2022 2:36 PM
To: Sexual Predator Unit <[email protected]>
Subject: Letter to FDLE Domestic Travel
| CAUTION: This email originated outside of FDLE. Please use caution when opening attachments, clicking links, or responding to this email. |
To : [email protected]
Subject: Domestic Travel
To whom it may concern:
I am President of the Florida Action Committee (FAC), a 2500+ member not-for-profit organization whose focus is on public safety and specifically the Florida Sex Offender Registry.
I had previously written concerning domestic travel for those on the registry. Our members were being advised by their County registration office that any travel from Florida to another state requires in person notification. We did not believe this to be true, so we contacted your department for guidance. In your reply, you advised that, “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 to report domestic travel to another state if they will not establish a residency outside of Florida.” A copy of your email is below.
Notwithstanding this clarification, we continue to be informed by members that their local registration offices are requiring they report, in person, whenever they leave the state, even crossing into Georgia or Alabama and returning the same day. Further, on the FAQ section of your website (https://offender.fdle.state.fl.us/offender/sops/faq.jsf), you write that, “A sexual offender/predator planning to travel to other states within the U.S. must report in person to the sheriff of the county where he or she currently resides in Florida within 48 hours before the date he or she intends to leave Florida;” This seems to be in direct conflict with your earlier guidance. We know of no changes to s. 943.0435, F.S. or s. 775.21, F.S. between May 3, 2018 and today, that would require notification of “travel” or “leaving the state”.
Please reply to this email letting us know what the law requires and whether to rely on the information provided on your website or in your earlier email. If your earlier email is correct and there is no requirement for a registrant to report domestic travel if they will not establish a residency outside of Florida, we respectfully request you correct your website to avoid confusion. If the law now requires registrants to report domestic travel even if they will not establish a residency outside of Florida, kindly provide us with a reference to the new Statute.
Sincerely,
Gail Colleta, President
Florida Action Commitee
From: Sexual Predator Unit <[email protected]>
Date: May 3, 2018 at 2:15:04 PM EDT
To: ‘gail’
Subject: RE: Letter to FDLE RE: Domestic Travel
Good afternoon,
Per Florida Statutes 943.0435(7) and 775.21(6)(i), a sexual offender or predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual offender 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible before departure. The sexual offender or predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender or predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel.
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 to report domestic travel to another state if they will not establish a residency outside of Florida. The definitions of permanent, temporary, and transient residency can be located in s. 775.21(2)(k), (n), & (o), F.S. As you noted in your letter, these definitions will change from 5 days to 3 days effective July 1, 2018.
Sincerely,
| Missing Persons & Offender Registration
Florida Department of Law Enforcement |
|
| [email protected]
1-888-357-7332 850-410-8599 (fax) |
PO Box 1489
Tallahassee, FL 32302-1489 |
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are considered to be public records and will be made available to the public and the media upon request. Your e-mail messages may, therefore, be subject to public disclosure.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I know when I register the sheriff’s office ask the same thing. During one visit the officer bragged about them following a truck driver out of state and arrested him because he didn’t follow the exact route he told them. The reason that was brought up was because I was considering a truck driving career but after hearing that and having to register and pay everytime I would make a route I decided never to leave florida. I didn’t even goto my grandmothers funeral because the out of state issue.
Thank you for this information. Pinellas County sheriff‘s office was telling me that if you leave your permanent residence for three or more days to go anywhere, you have to register where you’re going regardless of how long you plan to stay there. I knew that wasn’t correct, but why would you challenge them. They will arrest you throw you in jail and even if you are found innocent, you’ve still screwed any chance of getting removed from the registry because you would have been arrested for a felony or misdemeanor and that is all that it takes.
JoeM not sure who you are dealing with but I have found them to be very professional and easy to deal with if you also deal well with them. This is for the men and Woman who they have working at the SPOT office. I have never had a issue with Travel as long as you follow the law. Are you on Probation? If not you can leave your Residence for 3 or More days just follow the Law do not stay in any 1 place for more then 3 days. A trip to Miami for example south Beach for a couple nights then a couple days at The Hard Rock In Ft Lauderdale etc. These are also in Different Florida Counties. Make sure you do you required in Person Registration. I dont know all your specifics but something doesnt seem correct based on my decade plus experience. How often do they come to your House? How would they know when you are away?. Thanks
I’ve always had to and had to carry the ” travel paperwork” with me when ever I went out of State…Went to a Wedding in Michigan over the weekend.
As a follow up, maybe we can clarify other states, such a Georgia, and what their requirements are? I had heard Georgia was 1 day for residency for registered persons, but that sounds ludicrous. Also, every time I register I’m asked if I’m leaving the state for any reason.
We have our hands full with Florida requirements. There are similar organizations in other states. Georgia likely has one that can provide that information.
You can also search for Georgia’s registration statute and you will find that what you heard was completely inaccurate. The law is here: https://gbi.georgia.gov/42-1-12-state-sexual-offender-registry and the relevant portion is here:
(e) Registration pursuant to this Code section shall be required by any individual who:
Thank You FAC!!! Especially to Gail!!! I have been following the guidelines of the 2018 letter. But it is good to have this refresher
Sailtime
I would like to see a copy of the 2018 letter, where can I obtain same?
Scroll down in the post.
One of the things that makes FAC invaluable is how you work behind the scenes to get the attention of law enforcement agencies and protect registrants from compliance snafus.
Thank you!
(Now if we can just get them to define “day”!)
Hello Jacob
You posted on July 14th (Now if we can just get them to define “day”!)
In May 2018 FAC sent a letter to FDLE concerning a clarification about emergency situations.
This is a is a statement from the response letter from FDLE concerning a day. Sent to FAC July 12, 2018
“In response to your last inquiry regarding the word “days”, although the statutes contain no definition of the term “day”, in those instances where the Legislature has used words of common usage, such words should be construed in their plain and ordinary sense”
FAC in their post to members said.
“So the guidance from FDLE is:”…
“b. The common definition of “day”, according to Webster’s dictionary is
“the mean solar day of 24 hours beginning at midnight”
FAC goes on to say.
“While the guidance is not completely clarifying as to what a “day” is considered and they qualify it by suggesting we discuss it with our attorney or legal representative. Based on what they write , and a “day comprising of a 24 hour period beginning at midnight”, a period of less than 24 hours (i.e.: you arrive on Friday at 6AM or you depart on Sunday at 11 PM) would suggest you have not been at the “residence” for that “day” if you were not there for the full 24 hours comprising that day.”
We have to admit that FAC does a great job in trying to get information to us!! Thanks FAC
Respectively
Sailtime
PLEASE DO NOT RELY ON AN FAC INTERPRETATION. FAC is NOT a law firm, we are not licensed nor qualified to provide any legal opinion and our interpretation of the meaning of “day” based on Webster’s dictionary is NOT authority.
If you read the pleadings in the Ex Post Facto case even FDLE employees had different interpretations of the meaning of “day”.
Sounds like a clear case of a statute being “void for vagueness” to me. However, that won’t be resolved until someone is prosecuted and has standing to raise the issue. So a person must be subjected to the agony of a criminal prosecution before that ambiguity can be addressed. As we all know, even gaining an acquittal can be devistating. This is why I have no intention of ever setting foot in Florida.
The criminal justice system ain’t broken. It’s fixed.
Or until there is a disposition in the Ex Post Facto Plus case that is currently being litigated and that we’ve written about extensively.
This is part of that case.
FAC, y’all addressed the vagueness issue in an excellent Motion for Reconsideration.
Did the court deny that motion, or are we just waiting on it?
https://floridaactioncommittee.org/motion-for-reconsideration-of-dismissal-of-vagueness-claim-filed-in-epf-ii/
Denied, but the irony is that Judge Hinkle used Travel as an illustration of his problem with the requirements and that’s where this “day” thing lies. No matter which avenue it takes to get there, hopefully this will be resolved.
This definition issue of what “day” means may be significant in other areas of confusion of communicarion with fdle. Namely the issue of resistering travel docs before travel and changing permanent addess on drivers licence before travel and conversly changing it back after returning from travel. Could it be that fdle officers including the ladies have different understandings of the definitions’ something to ponder. Ed c makes good point also