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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Good afternoon
With all the posts concerning the letter from FAC and FDLE’s response there still seems to be a lot of confusion concerning what is right.
Sometimes a scenario will help clear things up.
TRAVELING
1. Depart on a flight Friday 6AM – arrive AM (1st day is a travel day and does not count?) is that correct?
2. Check in Friday. Different county than arrival
3 There Saturday and Sunday Day 1&2
4 . Leave Monday morning for another state Day 1&2
5. Leave that state Tuesday
6. Back to airport in first state overnight Day 1
Fly home Wed morning.
Will that require checking out in Florida?
Also what is a day?
Thanks for all you do
Definition of a “day” is an entirely different issue that is not addressed by either FAC’s letter or FDLE’s response.
Would you be so kind as to answer the first part of my comment excluding the question of day? Thanks Sailtime
Another person asked about a day in these posts and I will answer him from a letter from FAC to membership, that I hold in my hand.
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 on your hypothetical. If you plan to travel and are unsure of the registration requirements you can contact FDLE (though they may not answer your question either), you can retain an attorney who is qualified to provide an opinion, you can err on the side of caution and register something you may not necessarily need to but you can’t be arrested for over-reporting (unless your plans change and you forget to notify them), or you can adjust your plans to either stay clearly under “3 or more days” (ie: overnight) or clearly over (ie: 4 days) so there is no confusion.
With the way the law is currently written, if you pose the same hypothetical to FAC, FDLE, an attorney and some random person reading the statute, you might get 4 different answers.
FAC do you know if the “temporary address” in the state that you are visiting is according to Florida definitions of three days or more, or is it the definition of the state you are visiting? Some states are up to 14 days, like the GA definition stated below. Does that mean if I visit GA I do not need to report to Florida that I am leaving the state and traveling if I return in 13 days since I meet the requirements of GA as not establishing a temporary residence. Most states are about a week to establish a temporary residence when visiting. This is all so confusing that travel is nearly impossible.
The three day in a year rule makes it impossible to stay with a girlfriend without reporting every time you want to spend the night there, even for one night in the state, once you have overnighted there three times, Completely insane because appointments in my county must be made weeks in advance to get one….
Travelling to PA is 30 days before notice of residence (Temp 0r Perm) is to be established. They wouldn’t even take my name & phone number, said it was too much trouble.
A couple of years ago I went to Virginia Beach for a Navy conference. Like a good Florida registrant, before I even went to the hotel in Virginia Beach, I stopped by the state police office…as instructed…and went up to the desk in the main office. An officer behind the desk looked up and asked me how she could help me. I told her I was a registrant from Florida and checking in for a conference. She looked at me and said, “What do you want me to do?” Here, initial this travel permit. She did and I was on my way. I didn’t even get asked where I was staying. It was a very pleasant conference. We have too many ‘authorities’ in Florida making up their own rules.
You must abide by the law where you’re leaving (FL) and going (PA). FL says if staying anywhere 3 or more days at any address (permanent and temporary residences) or county (transient) (defined in §775.21), in our out of this state, must be reported. We can chop up the words all we want, but my suggestion is that if you’re going to be out of state for 3 or more days, bare minimum you better be inquiring with your registration office, if not insisting that they register your travel.
Now on to the states you travel to (PA in your example) and through (if driving, there will be several). You MUST obey THEIR laws the moment you cross into THEIR jurisdiction. So, technically, if you drive THROUGH Georgia but GA had a law that you are obliged to register the moment you step foot on their land, that’s what you have to do. To my knowledge, no state has this short of a trigger. The shortest I know of is 48 hours (TN, NV, AL are possible examples). So, technically you need to research all states you’ll be in. Typically, however, I research where I’ll be stay overnight, because I’ve not seen or heard of any state requiring registration immediately upon entry.
SEE THIS FOR MORE INFO https://floridaactioncommittee.org/state-contacts-and-registration-requirements-for-visiting-persons-required-to-register-as-sex-offenders/
*** I am not a lawyer, this is not legal advice.
Also, if you have a multi-destination itinerary, IMHO the only info FL should have any legitimate claim to is your first destination or the first one you will reside at for 3 or more days. Anything after that is on the state(s) who would assume jurisdiction after leaving Florida. If driving to WA you may stop in a new state every night, so do you report the first stay or the first one over three days? Law isn’t clear there. Additionally, if you don’t know which state or address you’ll be at along the way, there’s no real answer to what you can provide, but you’d be wise to try to report at least the fact that you’re leaving the state for 3 or more days!!!
As to your second statement: Frankly, the law is vague because it offers no clear definition of a day. If you arrive at your girlfriend’s place at 8PM sleep overnight, then leave at 8AM, have you stayed there a whole day? In my non-legal opinion, hell no. That’s 12 hours. On the other hand, if you just left at 8AM to go to work, then you get back again at 8PM and stay another night, well it looks a whole lot like you’re living there at that point. If you have your own permanent residence where you keep your clothes, where you shower, keep your belongings, etc., and you just like spending the night with your girlfriend most nights, or maybe you just have a meal and hang out for a few hours, still, it doesn’t strike me as a residence. If the law said “wherever you sleep at night”, that’s clearer, but hell some people sleep during the day and work overnight. Clearly, there would have to be a lot more defining to make it work. So, it’s unfortunately so vague that it’s up to you to decide what you’re willing to defend if it became an issue. FAC has a lawsuit about this issue I believe.
*** I am not a lawyer, this is not legal advice.
More LEO efforts to justify a paycheck. Why go after hardened criminals and risk life and limb when they can go after ‘low hanging fruit’ at no risk?
Just Sayin. I have been to Europe several times and have never had a problem…until I return to the US. I always get a second interview and sometimes search of my bags. The last time the customs officer was very aggitated, raised his voice at me and finally threw my passport down and walked off. Welcome home! I have also taken my small sailboat to Abaco Bahamas several times and had no problem going or coming back.
Jethro, you could show them a printed copy of the statute. The requirements are to give them the address of the location you are staying and the date(s). Nothing else for domestic travel.
Another Robert did you report your Travel 21 days before for Bahamas? I am getting something soon and would like to do Bahamas and some of the day trips from Miami. Really dont want to have my info blasted to the Bahamas for a day trip but will do whats legal Thanks
Folks, notification of international travel is required by law! Both state and Federal.
If you are covered by IML, you better do it!
Anonymous (July 19). Yes I did report my trip to the Bahamas more than 21 days of when I left. For a “day” trip there is no requirement even if it’s out of the country. If you are spending 3 days or more in the same location then you are to report that.
Folks, all international travel must be registered, whether or not you are establishing residence, if you are covered under IML. “Three or more days” refers to domestic travel only.
“…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…”
Remember that a temporary residence is included in the term residence.
How I interpret it: If you are traveling out of state to a state that requires registering a temporary residence after a set amount of days stay there (ie: 3 days), then you MUST report that travel 48 hours before departing.
So technically, “simply leaving the state” is not a required reported notification; however, if you are registering your “stay” in another state it is.
Does this sound about right?
BraNded…
You are correct…..however, there are some Jurisdictions on which a Temporary Residence is NOT established until after a period of time….some draconian Jurisdictions it is 48 hours…other Jurisidctions it can be up to 30 days….and some do not require any notification…..
However, in your example, returning back to a Jurisdiction, like, Flori-DUH, you might be greeted by Flori-duh’s LEO’s as you cross back in to the Sunshine State
So, it would be based on the Jurisdiction’s definition of the word TEMPORARY!
most definitions of Temporary are: “lasting for only a period of time; not permanent”
or per Black’s Law Dictionary.. “A Term for a Postponement for A Limited Time”
Respectfully disagree. The reporting requirement in Florida is based on Florida’s definition of temporary residence.
Florida doesn’t have a clue as to what the definition of ‘temporary’ is. I have traveled most of my life and I never…repeat never…considered a motel/hotel as ‘temporary residence’…just a place to shower/shave and get some rest. To call such a stop as ‘temporary residence’ is ludicrous. As I have previously stated…anything to justify a politician/LEO paycheck!!
FAC#3
I was referring to the definitions of the word temporary
Every Jurisdiction has their own made up definitions
I do not know Florida’s definitions…..
thanks
I guess just never been asked! been pulled over for Traffic Violations,Car Crash, Marine Patrol and never 1 time has my Status come up. If you came back into Florida and had been pulled over and not on Probation I’m trying to imagine the conversation the Officer could legally have with you?. Do you have a obligation to answer any questions beyond the subject of why you had been pulled over?. Am I just lucky my Registration Status in over 15 years has never been questioned unless coming back to the USA?. Dont want to be stuck in a small Florida Jail but not really understanding what our Obligation is to when it comes to offering Info to Law Enforcement about Travel outside our area while in Transit. I always assumed it was simply to show current Registration IF asked. I would never give out details of my Travel unless required and only to my local contact. Im on my way home! I am registered! I have am current on my reporting requirements in my county sir. Just passing thru from the next county etc. Why on earth would I provide any of that.
The other half of my story it that, regarding my last trip to Itasca Illinois 2 1/2 years ago.
FDLE lady behind the glass told me I needed to checkin to the Illinois Sheriffs office and register there upon arrival. Since the shereff was in Dupags County and 30 miles away and I arrived late friday eve, i drove to the sheriff office Saturday morning. Another person behind the glass told me that office was closed on the weekend. So I returned on Monday morning. When I returned I was told that registration is in the town or city where I am staying. I went back and registered at the Itasca PD. I was fingerprinted by the cop and later that day he showed up at my hotel to sheck to she if I was really there.
Just think of how important those officers must have thought that they are!!
I cant deal with all this and its stupid all the time reporting,changing etc not to mention having your name in other states. Having to change my DL all the time? No Thanks. I address the issue by following the law. I leave the state and simply do not stay any 1 specific place more than a couple of days. That’s way better then doing all this. I also try to make trips that I am always on the move, I try to avoid long Domestic Travel because of this. It is possible to be gone weeks this way. Better to leave the Country and dont have any requirements but the 21 Day Notice to your first Intended Destination. I change my plans once out and don’t worry about anything till I am back home to the good old USA.
AMEN brother!!
Nosweattravel, have you ever known the term “perpetual tourist?” Many ex-pats live abroad by being in a constant state of motion. That is, they move from city to city and country to country as perpetual tourists so thst they don’t need visas. I do the same as you by either traveling as anonymous as possible and leaving very little evidence if any of my stays anywhere.
Yes my local office cares that I am here for my required in person Registration. I have asked before what happens if I am still outside the Country when its due and he said they would delete me and add me back once I came home if gone past that timeframe. That didnt make sense either because Florida never deletes you!. Maybe he is saying the Address in Florida would be changed to overseas and then updated on my return. Not sure I want to do that because years ago when I first came home they sent flyers and knocked on all my neighbors doors. I am not sure they are doing that still
I was directly told id have to be back for the two in person registrations or face arrest. Direct quote. Between that and my local pd checks it seems i can only travel within certain windows. Still dont see how that helps anyone….. at all
Jm, it doesn’t help anyone except for the PD officers who need to justify their paychecks.
Keep in mind, that some states (such as Utah) require “notification” regardless of the amount of time you are visiting. When I contacted a local office, they told me that if it was less than the allotted days required to register (10 days in this jurisdiction), then they just unofficially document your arrival and departure, but then discard it once you depart.
BRAnDed according to Utah’s official web site on Sex offender Registration it states “Out-of-state offenders must register within 10 days of entering the state, regardless of the length of stay” so you have 10 Max days to Register and well if you have left you cant! so I dont see the requirement to Register at entry.
Well, “regardless of length of stay” is quite ambiguous in my view.
Utah’s official website is not the same as Utah law. Registration is not required of those visiting less than 10 days in the calendar year:
https://le.utah.gov/xcode/Title77/Chapter41/77-41-S102.html
(h/t: NARSOL state wiki)
To NosweatTravel:
I agree with you, it IS stupid all the rime. It is now and will continue to be stupid. The wording in the laws are so ambiguous that people like myself refuse to traved because our rights to do so have been stripped from us. I think I am relatively smart But I CANNOT makw awnae of the wording by SORNA or FDLE. My contact with the shere amounts to 2 sets of persons. 1, the Woamn behind the glass at the FDLE office, and the officers that come to my house to do residense checks. Those persons behind the glass are the lowest on the totem pole. Are those persons even sworn officers? I doubt it.
Robert not sure what area you are in but I refuse to let it stop me so I adapt. I do get the knock on the door sometimes a couple of times a year but if I am not home they come back and sometimes dont. I do my required Registration. Besides that I dont hear from them and most dont even care what I do as long as I dont hassle them with it. I actually had a officer at the office once tell me a idea how to get into a country I was having a problem with and suggested a boat or small Ferry from one that I could!. I dont see my area on the Hunt to trip people up but could depend on the officer and charges. People are People and all are different. Dont give up! I am looking to do some travel both Domestic and International soon and might even try the cruise just to see how it goes
Anonomous. I have adapted. I am in volusia. So are you suggesting to ignote what they tell me re travel procedures. Not sure thats a good idea.
Sounds like we need to follow-up with Pasco,Volusia and Brevard at the least to see they get the proper guidance from FDLE. Maybe we could get FAC or a Attorney to set up a Complaint Web Form so we can document the Violations of these Offices and take some kind of action if needed? Another Fund Drive? Accident Injury Attorneys and Credit file lawsuits all the time. How can we make these cases worth the Time to the Attorney and Painful to Counties that ignore the law. Just my thoughts
I could be wrong but the way I understand all this a River Cruise that goes across many places and states might be a great way to also avoid the Hassle. International Travel is cheaper often and you have no restrictions once out of the country. I prefer my vacation outside the USA and I start to feel normal again.
Anonymous, I would love to know how international travel works for us. I have the lowest level CP conviction by the feds, but it is still a felony CP conviction. I’m very seriously leaving this country, just not sure what other countries will accept me now that Uncle Sam brands our passports and notifies recipient nations.
Just Sayin. I have been to Europe several times and have never had a problem…until I return to the US. I always get a second interview and sometimes search of my bags. The last time the customs officer was very aggitated, raised his voice at me and finally threw my passport down and walked off. Welcome home! I have also taken my small sailboat to Abaco Bahamas several times and had no problem going or coming back.
This is really a BIG can of worms. My main concern on the post above was the issue of changing my address on my drivers license. The issue of bringing all my travel docs to the Sheriffs office is secondary.
Whars frustrating is this, unless the Sheriff is trolling these posts I dont think they could care about spewing incrrect travel procedures.
This next part may be an issue for the Legal team, but here goes. Could a “Friend of the court Brief” be filed that would demant fair and honest treatment and bring the ineptness of the Sheriff office to light. I am 78 and have a very difficult time hearing them speak, and I suppose that is on purpose as well. For the FAC members to be educated is of little use.
I plan on attending to attend the Meet and Greet on August 20, hope we can start a ground swell of interesst.
Regards
Robert
A “friend of the court brief” filed into which case?