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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Every sheriff’s office in the state should be sent this letter to make sure that they comply with the statutes. Like just about everyone else, I was told that I had to let them know everything about my travel, when I was leaving, where I was staying, and when I was coming back or I would be hit with a violation.
In which county do you register?
Hernando County
Hernando here as well and told same thing. I have to go inform them of a trip to California in September which I will fly there drive back. Last time they asked for addresses I be staying, days of travel to miles I’d be traveling, iternary for vehicles used, and purposed return date this was in November last year and February this year. It’s a process there also love FAC send Hernando sherif the letter.
This process and information is more extensive than the army did to me on vacation travel or anything.
If you are not on probation this Informacion is totally unnecessary and is the ‘brainchild’ of a tyrant unable to manage authority. It’s time for this sheriff to go fishing and quite harassing citizens.
True I try do the same and also where I stop each state has different reporting statutes usually most states done require you to report if it’s under 2 to 3 days so I rarely if I’m just driving to get home or somewhere stay in a state longer than 24 hours. Lol Texas I can get access in 32 hours safety big state. But them requiring and itinerary and each stop is BS. Our sherif here made a sheet to put I’m our profile record (yes deputy acknowledge that he requires ever sex offender in area to have a file on had not on probation or anything) and it was printed with his letterhead saying we shall adhere to the florida and SNORA regulations. This isn’t required by any state or federal law. Can someone help us in Hernando County please.
When I travel, I know none of that information. I go to and stop wherever my freedom as an American lets me.
Any chance the emails and letters can be posted as pdf?
Makes it a heck of a lot easier to print.
I have always exercised this type of common sense despite the advice of the ‘travel blogger’.
This is why I contribute what I can to both FAC and ACSOL even though I live in neither Florida nor California. Democracy is imperiled when those in authority exceed that authority. Thanks, FAC.
I live in Volusia county. My understanding is that I had to notify them prior to traveling out of state. I have done so. They give me a paper to take with me in case I am pulled of or such. I am told to call the office when I return home to let them know.
Im volusia as well. Same
Deal ANYTIME out if state i had to report dates. Even ifni were gone one day AND had to call to say im back
Now you know.
So, this just happened. I reported my long length stay to the so office. All ok. All of a sudden Local pd comes out to the house to do an address verification literally right after we leave. I call local pd officer and tell them situation as i dont want any trouble. Officer asks if i reported travel i said of course and thought all is ok. I travel monthly but this time its for longer.
I was told i need to come back to complete the quarterly verification for the local pd or they will be forced to interview the neighbors as per their procedures and then who knows what else if i dont comply. They Tell me its the best thing to do to avoid problems as they dont have a copy of the travel update. Just got here today and am now flying back to take care of this and show my fdle paper to the local pd. Never had any issues ever like this ever. Havent been on any paper in decades. I was asked if i registered my travel in the state im in (former home state) i have the paperwork stating i no longer need to report (never on a public registry anyway) asked to bring all that in.
I thought these local pd checks were just a paper formality but seems its not. Remember, im not on any supervision anywhere. I do my updates at the SO and never missed one nor any info updates. Been stuck in fl for 7 years now. Never wanted to live here. Figured they told me to register and im on for life insanely so kinda got forced to stay. Whole family here now.
Just to let you all know whats happened.
Update : so i again called and am now flying back to florida to do their address verification (local pd) in order to avoid “problems” I have to leave my family behind in the northeast and fly back to sign their quarterly address verification slip. I am told they do not see these fdle updates. And they cannot skip a verification. Seems like it means i can never travel before their spontaneous quarterly address verifications. I also just did my 6month the week before i left. This is just soooo wrong
JM – you might want to write to attorney Val Jonas to let her know about this.
This makes no sense I can understand the In person required reporting but Address verification under Florida law and the form I sign each Quarter says Any sexual offender who fails to report in person as required at the sheriff’s office, who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence, who fails to report all electronic mail addresses and all Internet identifiers prior to use, or who knowingly provides false registration information by act or omission commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
As long as you are doing your 2 or 4 time a year reporting you do not have to be around for a Address verification. My officer comes back when I am home or I see him at next Registration. I see nothing in Florida law to say otherwise . You are not on any required schedule but to do your in person Registration by the last day of the Month on your reporting month. That’s at your leisure. Obviously we have as no surprise making this very Punitive and beyond the scope of the law because somebody is lazy.
Video of them banging on door at 11pm yelling the departments name. I called the department to inform them of what i thought was compliance: was informed it is my “best interest” to come back and do this. Otherwise im not compliant in their eyes. Doesnt matter about the fdle forms etc. said it wasnt on their desk. 7 years no issues and now this. Needless to say im about to try to get off the damn list. I cant afford any chances. This is a new escalation. It happened once a while
Back and it was a simple call from the officer asking when we could meet up as i was busy with the kids and the back and forth and missed them. I was once asked if i spoke to my detective….. i dont have a detective i dont even have a residency restriction. It was a federal and my homestate never published and i have a letter saying im off any of their registries. Do the sheriffs not share that info?
Hello JM
What is you. Local PD?
Seem to be over reach.
Praying for you.
Update: todays officer was taken aback that i was told to do this. Seems theres no agreement even with these. Just so happens one showed up here. Verified. Even though I told them i had reported my travel AND i did not need to register in the state as its my home state as im off it. Alot of questioning this time. Still dont understand why they run you on the computer.
Get a lawyer and sue the shit out of them. Good luck.
Thank you FAC. Again you, the individuals in this organization, show just how blessed we are that you all are looking out for so many.
The sex offender or predator language is a bit much. No one is currently offending anyone. They are person required to register and should be referred to as such or something akin to that. But that is a battle for another day.