FDLE Responds to FAC’s Request for Clarification
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.
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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