The FDLE has responded to our inquiry from May as to (a) what happens in emergency situations or when a registration office is not open, and (b) what is the definition of the term ‘day’, as it relates to the revision in the statute that requires IN PERSON notification of a change in permanent, temporary or transient residence.
The response, in its entirety, is copied and pasted in its entirety below:
From: Sexual Predator Unit <[email protected]>
Date: July 12, 2018 at 2:17:54 PM EDT
To: ‘Gail Colletta’ <[email protected]>
Subject: RE: Letter To FDLE re July 1 requirements 05252018.pdfDear Ms. Colletta,
FDLE does not have the authority to compel any law enforcement or government agency regarding their hours of operation. However, like FDLE, such entities are compelled by the order of Florida Statutes and law to fulfill the requirements of the law.
A reading of the plain language of the s.943.0435 and s. 775.21 does not provide specific exemptions to the registration requirements contained within the statutory language. In response to your inquiry regarding hypothetical events, FDLE is not able to provide legal advice. However, in the event of natural disasters and other unforeseen emergencies, registrants may contact the local sheriff’s office to give notice of the situation, request guidance, and/or inform of their travel, evacuation, location plans. If a registrant is unable to establish communication with their local sheriff’s office they may contact the FDLE registry 24-7 for assistance in making contact and/or noting their emergency situation and intended location/travel status etc.
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. Additionally, the statute defines “permanent residence”, “temporary residence” and “transient residence” as follows:
“Permanent residence” means a place where the person abides, lodges, or resides for 3 or more consecutive days.
“Temporary residence” means 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 3 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 3 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.
Registrants are encouraged to discuss any questions with an attorney or legal representation.
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.
So the guidance from the FDLE is:
(a) in the event of an emergency, call your county Sheriff’s office – if you can’t reach them, call the FDLE, which is open 24/7.
(b) The common definition of “day”, according to Webster‘s dictionary is “the mean solar day of 24 hours beginning at midnight”
While the guidance is not completely clarifying as to what “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 (ie: you arrive on Friday at 6AM or you depart on Sunday at 11PM) 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.
As a side note: if you call the sheriff’s office or FDLE because you cannot report IN PERSON in the event of an emergency, make sure you keep a log of your call through your telephone carrier to cover your butt.
I get how they define permanent and temporary residence but, I don’t know if anyone’s noticed, transient is defining residence as the county, and NOT as a place-of-stay, like the previous two, almost as if it applies only to those who are homeless or on the street. Moreover, how do you even report a county as ur residence as it doesn’t seem FDLE even accepts it, or even has a line available for doing so. Of course, this could be good cuz it would moot the line. Doesn’t this theoretically mean that if an SO had 182 residences he stayed at for max 2 days each in the year, he/she really has no residence at all, even under all 3 definitions? That was the huge legal quandary I found of them using the word county to actually define residence, but I want to see if FAC comes up with the same. The issue is a separated stay in a single county of non-permanence. I might be blind but I find no line requiring that the county too be a reported residence even when the individual stays don’t qualify. Please do concur or correct me. thanks
I’m VERY Confused, My Conviction was in 1997, In the State of Ill. Sentence was 3 Years Probation 10 Years Registration, My mistake was moving to Florida in 2002 before my 10 Year Registration was up. While Living in Florida, I received a letter from the State of Ill. stating that I no longer have to register, and that they were sending a copy of the letter to FDLE, I then called FDLE, they told me they don’t care what letter State of Ill sent to them, and that they will keep me of the list for life, I asked so even if I move back to Ill, where I am NOT required to register anymore you will keep me on the List, they said YES! So I am seriously considering moving back to Chicago ILL. How can they do this?
Read about our “Out of State Challenge”
Where do I find that out of State Challenge?
No longer hypothetical.
My husband is still on papers and was in the hospital on Sept 20th for cardiac care. Yesterday he again is in the hospital, same area, with C-diff, open area with curtain(s), no number and will not be released until at least tomorrow evening.
Spoke to P/O about requirement to register IN PERSON at Sheriff and DMV when she came to visit today.
She has no idea…she will check with her supervisor. With strict liability and only 6 hours away from being 48, now what??
This is a good example of the lack of thought that goes into these rules that ‘unknowing’ bureaucrats make. A trip to the hospital is not by any common sense chain of thought a change in residence. No one in his/her right mind would conceive such a requirement.
Muriel, you have informed his PO so now it’s up to her. If you know her to be a fair-minded person, you and hubby should have nothing to worry about. I’m off probation, but was very fortunate to have three out of four decent POs, the last one being a total @ssh0le.
Luckily I only had him for four months. During that time, he searched my house three times (including the night before I was due to be released from probation, with three other POs) tried to force me to take another polygraph (even though I had completed “therapy”) and threatened to put me on electronic monitoring just before Christmas because he “felt” that it was an oversight that I wasn’t on it when I was first put on probation. I had to read him the Floriduh statute which governed my conditions at the time of my sentencing.
Hope it works out well for you and him and he has a full, speedy recovery.
His po is responsible for his change of address
Yet another reason why the lawsuit regarding removing people from the Florida registry website, etc. who are no longer in the state is so important. That way, may of us can get the hell out of here and never come back and not have this crap follow us around for the rest of our days!!!!!!!
It is a violation of your 5th Amendment Rights to have a law that requires you to notify the State of your whereabouts, and if you don’t believe me, remember that you have the right not to incriminate yourself (pleading the 5th?). Of course the lawyers at the FDLE want people to seek out an attorney if they have questions because that’s job security for their buddies. This state needs a democrat governor and to vote out republicans in the state legislature if things are ever going to change. We are one country, and all but a few states do not prevent felons from ever voting, or have a life long SO registration, or private prisons, like Florida does. How many Florida state legislators own stock in a private prison associated company?
I have been a Republican all my life, but I must agree with you. Republican leadership has developed too high an opinion of itself.
I grew up in a family of republicans and have never been partisan before, but Governor Scott and his republican buddies have made a mockery out of “civil rights” within the State of Florida due to voter suppression. I am amazed when people get up in arms because the administration treats immigrants so poorly, but sex offenders are treated like scum bags and are American citizens that pay taxes – SO’s deal everyday with a true “witch hunt”. We never would have moved to Florida if we were informed beforehand that registered sex offenders are not allowed to vote, travel freely, or have a right to privacy, as now our personal information is available on a public website for everyone to view. I actually was hired for a management job, but after filling out information with my address to the employer, she looked online later that night and changed her mind about hiring me, the only reason given to me was that my husband is a RSO.
I moved to Florida from a nice home in Virginia Beach to help out my mother as my dad was in very poor health. He passed away a month after I arrived. I went ahead and built my retirement home here in Florida. My mother wanted to stay in her home. Right after I arrived in Florida I was greeted with a trip to the court house to be advised I was now a Florida ‘predator’ even though I was not one in Virginia were the offenses took place. By the way, the ‘victim’…she does not consider herself a victim…moved to Florida and lives within a few miles of me and we are in frequent contact…we get along just fine. I thought that was what the department of corrections wanted to happen in offense resolution. Not in Florida. I call it the department of collections as putting money in the Florida coffers seems to be the ultimate goal. I could move back to Virginia but I like it here and have made many new friends in the 15 years I have been here and have gotten involved in several interesting projects. Yes, his lordship Scott has been a hindrance into reintegration of ex-felons I believe because he feels he is so much better than anyone else. I’m not particularly a fan of Bill Nelson but if I could vote I would vote for him as I do not care for the character of Scott. After 29 years of military service I still cannot vote in Florida. Maybe if I fled to Mexico and came back into the country illegally I would be able to vote!
I would appreciate a little help. I am traveling to PA next month for a week. I have contacted the PA authorities re registration and was told that as long as my stay is less than ten days registration is not required. Anyone who knows for certain or differently I would like to know. That said, since I will be spending a week in a hotel I guess I’ll have two permanent addresses for the rest of the year!!
How crazy these requirements are. They are neither solving any problems or making anyone any safer…only creating problems. If it wasn’t for some of these outlandish policies many politicians would have no ‘accomplishments’ to claim. How sad! And they collect a tax payer funded paycheck.
Received a visit from a Polk County Sheriff today. Apparently, according to the Residence Verification form I signed, this was the second attempt to verify my address. There were just three (3) spaces on the form for attempted visits. The form displayed a signature from the Sheriff officer who visited when I was not at home as well as a time and date of the visit.
I never received a phone call or email requesting an audience with me at a specific time, as had been done in the past.
Question: What would have happened if I was shopping, at a doctors appointment, going through a Taco Bell drive thru, et al., for the three occasions when the Sheriff dropped by for the Residence Verification? Would an arrest warrant be issued or would a posse be immediately gathered to hunt me down?
Nothing would have happened. Unless you are on house arrest you are not required to be home all day.
Have fun trying to explain that to them though. As this happened to me with Orlando PD. The officer called me screaming and yelling about how he was going to find out what I was up to and they could set up surveillance on me at any time and don’t get in an argument with him bc we both know how that will end up, etc etc. I had it in speakerphone and my roommate was just staring with his mouth wide open saying how can they say things like that.
A very good question indeed.
Interesting., Doesn’t Orange County have a Sheriff? If so, then why is OPD messing with you? They are not charged by law with maintain these records. They haven’t been since the early to mid 2000’s changes to the law IIRC. I remember that Tampa PD used to do the check on me after I was convicted in 2000, but after I moved to St. Pete, the Sheriff has been in charge with the SPOT program. So are you even obligated to interact with the Orlando PD?
I was threatened with them(pd)
Knocking on neighbors doors to see if anyone had seen me. Wife and kids terrified. Im not on any supervised release and never was. Scared to leave the house all together
Im just confused about that visit. Its rare but there was one time i was not hone and wife got grilled. They came back at 11pm and the officer oddly ran an id chexk and warrant check on her speaker at max. Just intimidating me? I never had any probation or etc.
We must remember that some of these officers are not the best educated and for many wearing a badge is the first time in their lives that they have been able to exert any authority. Many need to learn that respect is earned, not granted.
And yet they hold my families future in their hands…..
JM, have you considered recording these interactions and filing a complaint? If no response at OPD level, contact OCSD and file it with them. Dont just roll over and take it. I had a deputy up here pull me over after running my tag. There was no traffic violation. He gave out to me the reason he stopped my was my tag was registered to an SO and he was “required by law” to verify the driver was within compliance. Grilled me for almost 30 minutes. Demanded I give him my phone and unlock it, etc. I simply demanded he bring in his supervisor. He told me he didn’t have to and kept hassling me. I finally got tired of it and called the direct line to the SO and told the person on the phone what was happening, who the deputy was, and that i demanded a supervisor. The whole time the deputy was yelling at me to put down my phone and get out of my car. When i confirmed (loudly) that they said a supervisor was on the way, this deputy threw my license and insurance at me and left. Follow the law, but dont take any unnecessary crap from them.
Way to go Bill T. I think that some of these deputies and probation officers were abused children and have finally come up with a way to be the abuser.
So you pretty much have to register and notify any type of travel residence stay in and out of state as a temporary residence. State to State. ? I’m in Florida and lets say I go to California for 5 days, I have to tell Florida where I’m staying, but not California because it is within their own requirement limits. This is so stupid and does nothing. What a waste of a law like the other laws in this BS state.
Okay, here’s my takeaway: In Duval, you report to a particular office which is only open “banker’s hours,” so FDLE is saying to contact, NOT REPORT TO, the sheriff’s office, which is open 24/7/365. And if that fails, contact them.
As far as the definition of “day,” I defer to my previous post of May 3rd since FDLE can’t define it for us:
“A ‘three-day’ hotel stay is never 72 hours because you usually have to check in after 3pm and check out by 11am. The most it could be is 68 hours, thus not legally three days.”
FAC, please check your example. I think you meant Saturday instead of Sunday.
The definition of permanent residence is ludicrous! So if you stay at a hotel for three straight days (72 hours) you have to report it as a permanent residence? Total rubbish!
Complete and total BS. Nothing clearly stated & Double speak. I gather last minute and/or surprise plans fall under the same criteria as emergencies?
Let them say one time on a call in that someone cannot go somewhere. That becomes restriction. Restriction=punishment.
Watch your asses everyone. The goal of this is clear: to get us caught up in the ambiguous statute, convicted of a violation and on a mandatory ankle bracelet.
The response, from what it seems, is you CAN call in emergency unavailability.
Unless you are suggesting they meant “you can call it in but we’ll arrest you anyhow”, this is not a bad thing. Now, if you can’t make it in, call. If your registration office is not open 24/7, call FDLE which IS open 24/7.
This is rife for abuse. So now someone calls claiming to be a registrant. Then they find you at home.. bang! Felony, with a consideration of guilt by history.
This statute needs to be challenged, as overreaching and 100% unenforceable.
Start a legal fund FAC?
Here is another thought also, if you have internet access you will be reading this, if not you are probably on probation in which sense your PO is your contact.
Every person that works at a law enforcement position has an email, as does my contact get their email address so you can also communicate with them in an email. remember it is a legal document.and can also be used that you tried to contact them
can’t provide legal advice but states ” request guidance, and/or inform of their travel, evacuation, location plans. If a registrant is unable to establish communication with their local sheriff’s office they may contact the FDLE registry 24-7 for assistance in making contact and/or noting their emergency situation and intended location/travel status etc.” so the police/so can make/create law what a scam!
thinking of this, where federal housing does not allow blanket discrimiting on criminal records then i wonder S#!t head grady and the other’s like him or the county’s are actually violating federal law/rule
This is very interesting because it appears from FDLE’s own written response that a registered business person or vacationer can move from one hotel to another between the “days” as commonly understood without violating the legal definitions of “permanent”, “transient”, or “temporary.” In other words, change hotels or for that matter hotel rooms every two “days” and you’re within the law. That’s how my layman’s mind interprets what the said.
exactly Concerned citizen! change rooms every 2 days! or sleep 100′ away after 2 days
It doesn’t take a ‘rocket scientist’ to see that Florida has come up with another unmanageable policy that serves no purpose. I live in my permanent residence. No motel or campsite will ever be my permanent residence. It gets to the point where one has to say “enough is enough”. When these restrictions are applied to all felons I might consider them, otherwise as far as I am concerned they are unconstitutional to the extreme and I am willing to take a stand on that. I didn’t serve this country for 29 years to be subject to such idiotic BS.
While we highly respect your service and sacrifice, you did serve a country that today is one of, if not the most, Legally Corrupt countries on the face of the Earth. The more a person sees this country in a Holistic way (from all sides), the more they realize how bad the schemes setup in this country really are.
Isnt it their law? Seems they are avoiding responsibility for it or to clarify or the parity to enforce
Lauren Book sponsored the bill that created this 3 day thing. They (the FDLE) enforce the laws that the legislators pass.
As expected, “ blah blah blah “and more “blah blah blah”
My local office (Seminole) informed me that a day was by name , Every change of day name was considered a day , not 24 hour period .They did not know and called FDOC for confirmation and then informed me , there seems to be confusion about this on all levels!
FDOC (Department of Corrections) or FDLE (Department of Law Enforcement).
If FDOC – that’s just probation and has nothing to do with the state registration laws. They can have their rules of probation in addition to what the registry requires.
If FDLE – this was our written response. I’d rely on something direct and in writing, sooner than hearsay from someone in the Sheriff’s office.
Seminole is the worst at over defining the laws, I was told at one point I would have to register all app, even Starbucks app or even better sonos app which only controls my speakers in my house.
But the problem with the way they are defining days, is if you visit a friends house for a couple hours that is what they are calling a day, so by their definition you would have to register that address if you visit them more than 3 days a year (even if for only 15 minutes). I was also told by them once that days were counted by how many days you were not home didn’t matter if you stayed in different places.
I too have a problem with the people that are enforcing the laws can’t give you concrete definition of the law, I emailed fdle regarding this and the response I got was contact the sheriff. I think FAC should email every sheriff with the same questions to see how many different interpretations they get.
Overit – your example of visiting a friend for a few hours (and that being considered a day) has never happened, to our knowledge. If the County is telling you that, get it in writing or get us the name of the officer you spoke with who told this to you and we’ll get it addressed.
I was giving a hypothetical to what @jack was being told (as a example of how they over define the law), I missed they said every change of day, but still by that interpretation they are saying if you go to friend or family members house for let’s say dinner and you are there until after midnight more than 3 times a year you would have to register that address as a temp address.
get it in writing
It was from FDLE , anytime you are somewhere away from your permanent address for 3 days per (name change of day ) it must be reported as temp!
i got pretty much the same response from FDLE, if you are at a residence and you visit starts on 1 calendar day before midnight and ends the next calendar day after 00:01, they consider that a day (ie.. you arrive friday at 9 pm and leave saturday at 01:00 -1 day ), but also said to call local sheriffs for their interpretation of the law, it was up to each county to determine what they considered a day
Here’s a better idea than logging the call… record it. There are apps that allow you to record a phone call; personally I use ipadio but there are a lot of options. You register your phone number with the app, and it gives you a PIN. You call in with the app, enter your PIN, then call the number you need to speak to; it works like a three-way call but with a recorder.
If the government–especially the police–tells you to break the law, then they arrest you for doing so, the fact that they told you to do so IS A DEFENSE–but you need evidence. This gives you that evidence.
Unless you get the consent of the other person on the call that’s not a better idea. Florida makes it a crime to intercept or record a “wire, oral, or electronic communication” unless all parties to the communication consent. You can catch a new charge.
I wasn’t aware Florida was a two-party-consent state. I’m in Louisiana, which has one-party consent.
It might also be the lesser evil, if you weigh the risks and benefits.
Let me see if I get this correctly. If I receive a phone call I should answer with,”Hello, I do not consent to being recorded, how can I help you?”
No – if someone is recording the call they are required to ask if you mind whether they record the call or inform you that the call is being recorded.
You are fair to assume that if they don’t tell you “this call is being recorded” or ask if you mind, they are not recording the call.
Tell that to Winter Springs PD. They recorded my confession without telling me it was being recorded and then said police are allowed to do that, they dont have to tell you.
FAC is correct. But – remember – in Floriduh, if an alleged former “victim” is calling and recording you, with the assistance of law enforcement, you will not be informed, and any lack of consent from you will not matter.
@ Anon if your recorded call is deemed to be illegal it can’t be used as evidence to help you (Fruit from the poisoned tree) It will deemed inadmissible and you will catch a additional charge for a illegal wire tap so no it’s a additional evil not the lesser
I agree with FAC. Not only would you catch a new charge for making the recording, but also be charged with failure to comply with registration requirements as any proof you had that you did comply is “fruit of the poisoned tree,” thus inadmissible.
I thought this was true also, you can’t record a phone call without consent from the other party. During my divorce I found out my now ex husband had been recording all my calls for the past two years. When I went to the police/sheriff about it they basically told me “he lives in the home there is nothing we can do”. I was in the middle of a nervous breakdown when I took comfort in the form of a seventeen yr old man. Now they offer to help me all the time, to jail!!!