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.
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Thank you for providing this much needed clarification. I do wonder on the international side, FL law says you must register if traveling 5 days outside the US. What if it’s only 4? Then there’s no restrictions?
JC, That’s on the Florida side. International Megan’s Law (IML) and Sex Offender Registration and Notification Act (SORNA) guidelines require that all registrants report any international travel to their respective sex offender registry at least 21 days prior to departure from the United States. Although not all states require that you report international travel, you may be subject to federal prosecution if you fail to provide notice of ALL international travel, even if less than 4 days.
Gotcha. Thanks for that. That’s what I figured. It’s just weird for Florida to have a less stringent approach than the Feds. I wouldn’t try to test it, but It’s interesting because I should have been off the Federal list after 15 years (I think) but I’m still on Florida’s. Therefore technically both Feds and Florida shouldn’t require a 4 day trip give notice. But that’s a question for the lawyers, I guess. Anyway Thanks for the response!
And again, my question arises from the IML comment. If you are removed from your home state’s registry, yet Florida keeps you on their state’s lifetime registry, how then can I register international travel “to [my] respective sex offender registry”? I can speculate that my home state will say, go away, and Florida will say, you don’t live here.
What I am reading is a fine example of just how fouled up…see, I can be nice if I have to…our political system, but then I must remember that ‘politics’ is a no-no for discussion purposes.
Broward county sheriffs dept, told me that (and has been telling me that for 20+ years) that was the policy of FDLE, i have to report leaving the state for any reason or be subject to Arrest and transported back to Broward..
I told them about this letter and showed the letter, they said unless it comes from FDLE, they ignore what FAC says, that FDLE said because its a 3rd party information, and not directed at Broward County Sheriffs dept, it’s hearsay….
They said listening to anyone other than what they say, will get me arrested and put back in jail, if you leave Florida and there not told 5 days ahead of time…
In that case they are coming up with their own rules. Being told 5 days ahead of time? That’s not even in alignment with the 48 hours required before establishing another residence. Please get the name of the BSO deputy who told you this and contact [email protected].
Just a thought maybe one of us or a team effort from FAC would be to send a copy Via USMAIL (Hell I would send it certified) of the FDLE letter to each Florida Sheriff’s Office to maybe open the eyes of the Ignorant ones ignoring it and have some clear proof of notice to avoid such problems. The law is the Law but it just puts them on notice to stop playing games as some of the small town boys like to do.
Please contact [email protected] to volunteer to spearhead this effort.
Hi, how about getting FDLE to send a letter to all Sheriffs Depts in Florida, that what they want, they don’t want a letter from FAC or anyone else to tell them what someone else told them, they want it From FDLE, it makes it proof that FDLE said this and now they have to apply it….
Unfortunately FAC lacks the power to direct them to send a letter to all Sheriff’s departments. There’s no chance they will.
There are 67 counties in Florida. That’s roughly $40 in postage and two people to stuff envelopes and address them. It can probably be accomplished in an hour.
Will anyone reading this step up to volunteer for the project? If so, contact [email protected] and let Anita know that you would like to volunteer to complete this task.
I will do it! Such letter serves as Notice no matter who it comes from. And failure for a public official to not act inaccordance with the stated law and its described application by the implementing agency is actionable on a Writ of Mandamus for injuctive relief. This language would need to be in the letter as well putting them on notice that the purpose of the letter is to make right thier behavior or come under the scrutiny of the court and force them to apply law as written or face consequences. And yes, a public official not complying with proper enforcement of a regulatory law can result in being charged with a misdemeanor offence. Let’s do this… the law is our weapon on this issue!
Mark,
I will Help with this, I will put up the $40 or so for postage and I will print the copies of the letters once agreed on. We seem to be going around in circles with this issue. contact me if you can figure out how. I wrote a letter of my own to FDLE to see what answer I got. I will share with you.
Coordinate through [email protected]
I will send my contact details via FAC’s email
Thank you Mark and Robert for stepping up. The letter has already been sent to each Sheriff. But there are other jobs that need to be done. The membership team will contact you. With Unity Comes Change!
Does this need to go to the Police also? Or does the Sheriff Work?
The County administers the registry, not city police departments.
I always wondered how people forced to registering works for living aboard their own boats at marinas or Florida waterways. Is it considered a transient residence if I own my own home but tie up at a marina or anchor out in the gulf of Mexico? Hillsborough SO refused to answer the question.
I have travelled out side the state of Florida several times and have ALWAYS been required to state departure dare, return date, Location address of where I will be going to stay and copies of all hotel reservations, plave or train tickets etc.
I go to the sheriffs office in Daytona that is located at “Volusia County Sheriff’s Office Operations” 1330 indian lake Road.
In the past I have notiv=ced that dependinbg on which “woman behind tyhe glass” I get diffreent answers. The was a Seargeant or deputy Lee and I have talked to hom in the past. Is he still there.
Would the Sheriffs office be able to print a card or notice clairing this irregularity.
Regards
Robert, I share your pain. I lived in Daytona and dealt with the ladies behind the tinted glass. I got different attitudes and information, but was always threatened with registry violations. So I don’t think that it’s
likely that you’ll get much cooperation. I don’t know if contacting probation in Volusia County would help. As far as I know, Sgt. LEE retired.
Hello Bob, this is Ed D. Lee is no longer there. It is now a guy named Childer.
Seriously??: “SexPredator @FDLE”??😡
They couldn’t just have “SORegistration@FDLE” or “SOR_Questions@FDLE”?? 🤷🏻♂️
What if you’re only a Sex Offender”, but not a ” Sex Predator” – then who do you email?? 😳
Leave it to Florida and FDLE, where everyone is – by default – a “Predator”. 🙄😒
David In Cali! Yes they even put that on the FDLE notices at top!
Florida Department of Law Enforcement – Sexual Offender / Predator Flyer
Regardless what your status is 🙁
It is the Terminologies Used Etc…
It would take both State and Federal Jurisdictional Defamations Law Suits to Curtail the Terminologies that are used on State/Federal Jurisdiction Documents…that would be a waste of time and monies….
WE ALL KNOW THAT
The Focus, as always, should be Forward Progressions, they may be slow, BUT there are making progess
Everyone…it is frustrating to all…BUT…the latest “TEST” was verified and validated by the fdle…that takes a TEAM!
Well, that’s in line with when the registry was first launched, they had the word in all caps DANGER! with sirens flashing on both sides of your head. This who.e thing is nothing g more than a joke to them, and I’m positive they laugh about it at the water cooler