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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Like my neighbor said…she’s the wife of a retired NYPD lieutenant…registered citizens would be better off if they had murdered someone…less restrictions. It’s time we say to these do-gooder politicians…’game over’. That’s what I have done. At my age I’m not ready to turn over to some politician, control of what is left with my life. I didn’t serve my country for 29 years so some politician could destroy my life. After many years since my ‘failure’ my daughter and her family and I get along just fine. They have moved to Brevard.
Good evening
Was wondering what happened to the hearing that was to happen early 2023 concerning the three day travel where the judge said it was ridiculous
That’s known as our Ex Post Facto II challenge.
No matter how many times i’ve read all the comments, I’ll never understand exactly what to do if I go on vacation. I’m planning a trip to MA in June for 6 days, but I won’t be staying at any 1 place while there. A couple of nights in a hotel, then my daughter’s house for a couple of days, then my niece’s house for a couple of days, then back to Florida. Plus 2 days to drive up and 2 days to drive back. Do I need to report to the Sheriff’s Office before leaving?
In my humble option. In the case of 2-day-max stays, Florida statutes say “no” re: having to notify the cops. However, local cops mostly say “yes” – notify them of your complete itinerary or potentially be arrested. More ambiguity from Florida law enforcement. So, you have to decide whether to take the risk. Remember that the cops will face no discipline should they wrongfully arrest you and you are subsequently acquitted. You will also have such an arrest on your record. Whatever you choose to do, make sure that you understand MA’s laws re: registration. If Florida cops know you’re going there, they may send notification to MA to be on the lookout for you.
I made a typo above. By “option”, I meant “opinion”.
I should have mentioned that, depending on how a judge might interpret a “Transient” residence (if you stay at different places for two days each over a six day period, and those places are all in the same COUNTY, are you considered a “transient”?), you may have trouble. The FAQ on the FDLE website still does a very poor job of answering the temporary travel question … always trying to keep us fearful. Again, make sure that you understand the MA laws, too.
There’s no law requiring registration of Peter’s itinerary, and I’ve never heard of arrest for for failure to report domestic itinerary.
Itinerary appears in the law only as it relates to international travel.
Nevertheless, the safest policy I think would be for Peter to ask the question of one’s own home county registration office and see what they expect. Since it’s the home county sheriff that can make the decision to arrest.
(I’m assuming MA has no such requirement, but best to check with them).
AGREED – And I know that for many of us we are so very thankful for the many of you who give so much of your time.
I was just trying to help bring some clarity to a crazy situation.
I have been jumping through the hoops for nearly 3 Three decades, The problem is they keep changing the hoops and making them harder to jump through.
That’s why I support FAC with more than money. FAC tries to bring some semblance of sanity to our lives.
Thanks
Just checked the FDLE website – NO CHANGE – Have any idea how long it takes for them to make the correction? Thanks Sailtime
FAC has no affiliation with the FDLE and we do not control any of the content on their website. If you have questions about content on their site or how long it takes them to update, you should direct your question to FDLE.
What we see here is what happens anytime a tyrant is given authority.