FDLE Responds to INTERSTATE Travel Inquiry
On April 24, FAC wrote to the FDLE requesting clarification on INTERSTATE travel registration requirements.
Some registrants were being advised by their Sheriff’s offices (or under the mistaken belief) that you are required to report whenever you travel to another state. This is not true. You are only required to report INTERSTATE travel (or intra, for that matter) when you will be establishing a residence (temporary, permanent or transient).
This does not apply to INTERNATIONAL travel, which requires notice no matter whether you go for 1 or 100 days.
please see their reply below:
From: Sexual Predator Unit <SexPredator@fdle.state.fl.us>
Date: May 3, 2018 at 2:15:04 PM EDT
To: ‘XXXXXXXXXXXXXX
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 |
|
| sexpred@fdle.state.fl.us
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.
FAC,
I am an over the road trucker. During the course of a year, I am rarely parked in one location for more than 34 hours. Typically, I only stop for 10 hours before I start driving again.
I rarely know my next destination more than 3 days ahead of time, when my company informs me my next assignment.
Currently, the county I live in in Florida seems to reasonably tell me to report when I leave home to go “over the road” and approximately when I will return. I can contact then later when I have more specific information about when I am returning home.
I just moved out if another county that insisted I would have to email them every assignment I receive from my company while on the road.
I moved because of the requirement before starting the job.
I have registration requirements due to being an offender. I am not on probation, thus I am not “under supervision”. How is it that the State of Florida can impose restrictions on me when I am outside their jurisdiction and authority in another state?
It seems that the ACLU should have no trouble fighting this statute and Brevard County’s ordinance that makes it illegal to go to any address that is 1000 ft from a school, daycare or park, even if you are just getting gas, but they don’t.
How is it that the State of Florida can impose restrictions on me when I am outside their jurisdiction and authority in another state?
YOU ONLY HAVE TO REPORT THAT YOU ARE LEAVING.
FAC,
I left on vacation to visit family in Puerto Rico last Saturday. Before leaving the state on Friday I stopped by my local SO to notify them of my intention to travel. I knew I was inside the 48 hours required to give notification, but the officer taking my notification was adamant that I should have been there the day before. The reason is that the SO of the county I live only opens on Tues. and Thurs. for “re-registration” cases, which he felt this was one was. Before leaving the office he also let me know that I had to report IN PERSON to the office as soon as I returned from my trip. I was unaware that this is a requirement as well. ?? This is all getting out of hand. Just today as I was leaving the SO, I approached an individual who was also leaving the office after his registration. After introducing myself, I asked him if he was familiar with FAC to which he responded “NO”. I gave him some information about what we are trying to do here, and referred him to the FAC website. This got me thinking, is there a PDF flyer that I could download? I am intended to find the local “Sex Offender” therapy group and pass along a few of these pamphlets. We need to start communicating with other registered citizen, so they are aware that they are not alone in the fight!
Thanks for the referral ABC. I know we have some stuff on our site, but if you contact our membership chair, Anita (anita@floridaactioncommittee.org), she can send you some materials to distribute.
As far as what the SPOT units tell you… they are often wrong.
Mike, all you had to do was mention Brevard County and I knew you were dealing with a bunch of loons. I can no longer go to a restaurant that I have gone to for 15 years because the motel attached to it just put in a swing set. I hope the FAC ex post facto suit will start to straighten this unsat situation out. At every opportunity I let the county commissioners become ‘acquainted’ with the foolishness of their ordinance. Unless you cause a problem I doubt the sheriff’s office will bother you. They have real problems to deal with, not this made-up bureaucratic BS.
I cringe everytime I go to either orlando or tampa and have to stop in Melbourne for gas. I actually believe that I suffer from PTSD because of my entire incident. So it is enhanced when I stop for gas and see an officer just getting coffee. I am such a wreck over this entire ordeal. I have even been threatened and they tried to extort funds from me out of Brevard County posing as a detective in that county. I had to change my phone number. I am currently in school and of course I am in the public safety building and I start panicking whenever I have to walk into the building as that is where they train future police officers. Not to mention that my life has been threatened by classmates that did a background check on me or a google search. I live in HELL.
Mike, in your list of restricted areas you left out ‘swing sets’ even if they are in a home owner’s back yard. Also, you must include tennis courts…even if only adults play on them or no one at all plays on them as on US 1 in Port St. John.
I went to New England this past August to look for a future residence for myself after graduation. Thing that I would be gone for more than 3 days I went to my local Jail where we register and gave then the name of the hotel in Connecticut where I would be spending the night. They didn’t bat an eyelash and wished me a safe trip. It was simple and they were respectful. So obviously it matters what county you are in and their mental mentality or preconception of what a registered citizen is in their minds. I do a great deal of travel and thankfully have not had an issue. On the flip side I take every opportunity to educate law enforcement and those in the community and I am rather well received by at least 95% of the people I speak with. Currently I have had to make a report because an ex client stole my email address and identity and the sheriffs department was extremely sympathetic and said that since I reported this that I am safe they made it known through out the Sex offense department. They have never bothered me even though this person does go on sites that I would never even think of. He also tried to register at our local college under my email and applied for government funding for school. BIG mistake. He is in prison and there is still one other person at large. It is solely my opinion that it is how you present yourself to law enforcement that they respond to. I always let them come up with an idea to solve a problem even though I already had the same solution before I even approached them.
Well, My Neighbor just went today to Marion County Sheriff to update a vehicle info that he sold over the weekend, I had already made him a copy of the response from FDLE that FAC posted on here, So I told him to inquire about it, Well just like Marion county told me, If we leave the state for ANY reason and don’t come BEFORE we leave to “Notify” The Sheriff’s Office, We WILL BE ARRESTED !!!!!, They didn’t even care about”The Response” from FDLE !!! My neighbor tried to show it to them, They (Deputies in charge of the Sex Offender Unit) REFUSED to even look at it !!!. I’ve been told this EVERYTIME I go up to the Sheriff’s Office to Update something !!!. I was also told that “Even if the Supreme Courts find Florida in Violation of a Sex Offender Registery Condition”, That Marion County will NOT change their enforcement until ABSOLUTELY FORCED TO DO SO !!!. It’s like they assign Deputies to the Sex Offender Unit that HATE EX OFFENDERS !! They treat you like trash !! Always Sharp and short with you !! And if one laws changes, They MAKE YOU listen to EVERY CONDITION on the sheet ! Even though you already did it (whenever) before !!. Their MEAN and NASTY and don’t deserve to wear their uniforms !!!. But we can’t do anything except “Eat their Crap” or face being ARRESTED for something Stupid !!. FLORIDA is NASTY and I don’t see it EVER getting better !!!.
If your neighbor wants us to write a letter to Marion County on his behalf, we will. Have him contact us at legal@floridaactioncommittee.org
What’s with the random capitalization?
You must remember that Florida doesn’t let silly laws and the Constitution get in their way of pursuing their agenda. We can give a ‘big thank you’ to Gov. Scott and AG Bondi for that. I have never supported a democrat in my life but I truly hope Nelson puts Scott out of politics. Scott is out for one person…himself.
Now if we could only get rid of “lobbyists” and Senators who use fear, intimidation and hype of lies, unsubstantiated facts; under the guise of “helping the community”, when in fact they are tearing the community apart.
If you dont know already, I am talking about Ron & Lauren Book)
sadly this has happened to me but after hiring a private investigator to follow the detectives 7 page report his 15 page report came back that she lied on every page. I met with the upper officials and came to a gentleman’s agreement. You leave me alone and this report will be kept between us. I had already won a lawsuit against D.O.C., Arimarck, and Corizon healthcare so I made my point clear that I am not afraid and this abuse will stop. Internal Affairs can work wonders without you being a victim of retaliation. The detective was demoted to a bailiff in misdemeanor court and has been told she and her partner are not to come near me. The police have not been at my home in well at least a year now. Again be professional, do not go on the defense and approach the situation where you are not condemning but making them aware that you will not tolerate abuse IN A NICE AND PROFESSIONAL WAY. Remember each and everyone of the registered citizens in this state actually represent us all. What one does has a trickle down effect to all of us. We must show them that we are human beings with hope for a better tomorrow about willing to work with them and not against them. You will eventually see the difference. I can’t promise all will have a change in their mindset but most will. They are just as tired of all this as we are. Take the time to actually have a friendly conversation with them. EDUCATE, EDUCATE is the key.
Went and Re-Regestered yesterday at Broward Country Sheriff dept. I showed them the paper from FAC/FDLE about traveling, she pointed to #13 about traveling where it says I have to advise them in 48 hours before leaving the state of Florida, unless I have a letter from FDLE, that’s says different….
Witch I don’t,
I asked about the 5 to 3 day reporting, she said the 3 day is only for transient people who have a different address every week,people who have a Permanent address, this does not apply,it stays 5 days…
She is wrong. Did you get that statement from her in writing?
you DO have a response from the FDLE! The FDLE responded to FAC!
You should send information on this incident to FDLE, along with the officer’s name.
I’ve learned Arguing with a Sheriff office employee, is not a Healthy Thing,there right and your Wrong, (nothing new) just like Probation, even with the e-mail, she said unless I have a letter from FDLE, on the subject, I have to report,before I leave …
Seems funny that no one brought it up to there Attention, long before me, no one there is going to sign on anything that may hold them liable in court, I explained it and showed it, they said anyone can send an e-mail…..
I guess she wants a physical letter , with FDLE letter head, I guess that makes it official ….
I learned a long time ago that you cannot discuss anything with probation. They do not like to have their ‘lordships’ challenged.
Again the biggest problem from county to county is that they are confused. I really feel that a state wide symposium would be great to finally get everyone on the same page. It isn’t that they are being negative it’s what they are being told is true and to enforce. We need to get all 66 counties thinking according to the actual laws of Florida. P.S. I have one final semester and then I can be 100% involved again. I am getting a BS in Human Services with a specialty in all addictions. I am doing this 4 year degree in one year. So I have been very busy taking a ridiculous course load each semester but after spring I have sexual abuse and my internship left and I have completed my goal. I started summer of 2018 and will graduate in Summer of 2019 with honors.
WOW! What an accomplishment! Such activity will show society that RSO’s do have value and can be positive contributors to society. Congratulations!
Did you read the email from FDLE? This is a quote:
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.
If they are telling you something otherwise, get it in writing. Or, if you don’t mind being named, we will write a letter on your behalf if you contact legal@floridaactioncommittee.org
So i can literally go to all 50 states and no notification if i stay at different address no more than 2 days each even if its four hotels in each state less than three days each
Correct – the statute requires you notify of any temporary, permanent or transient residence. If you don’t establish such a residence you don’t have to register it.
There is no obligation to report to FDLE when you leave the state. Only 21 days before you leave the country.
That’s with regard to registering in FLORIDA. If you literally go to all 50 states, they may have their own laws which you will need to comply with when you get there.
Here is the $64,000 question. If you relocate to one of the few states where you would not even have to register and then get removed (Vermont comes to mind) what are you required to tell FDLE when you leave? I ask because I remember one incident where a Florida registrant moved to the UK and bought some minor league sports team. Subsequently “the people” found out though the Florida registry because he had listed the UK dress at some point and hounded him out of town.
you tell them that you are moving out of state to Vermont.
R.S.G. Ask her exactly what law statue number this is cited under.
She stated state law #13 on my re-registration copy for this month , thought it says you have to give 48 hours notice if you plan to stay there temporary or permanent address , I told her I’m not doing to do either.
She said if I flew from Fort Lauderdale to Atlanta for lunch and returned the same day,I’d still need to give them a 48 hour notice…..
I believe we have already written to FDLE and the County on your behalf, no?
Yes u have,and Thank You….
I’ll know if they got the message, in September, unless I receive something from them about it sooner….
I wonder how they follow up and find out you are leaving if Yu are not even on probation?
License plate readers etc….
If I were to travel to another sate for four days and something happened to cause a delay of the return flight – mechanical issue, connecting flight issue, etc – and I am delayed a day in getting home (putting into the five day time period), would I be in danger of a felony charge? Or does common sense prevail. Not wanting to establish a temporary or transient address.
the law, as it is written, is strict liability. You would be in danger of a felony charge.
Thank you. Makes it scary to try and travel anywhere by air then. The hope was to visit home one last time before the law changes July 1st. I have avoided visiting and needing to register there due to not wanting to potentially hurt my family as my parents run a bed & breakfast inn there. I don’t want my mistake to cost them any more than it has. This is my last opportunity to visit home probably in my lifetime. So now I have to weight the risks from things outside my control. If anyone has any advice or suggestions please let me know.
it’s expensive, but if you want to avoid putting a family member’s residence on the sex offender registry, stay at a nearby hotel. Visit with family all day, and at night you sleep in the hotel.
It is not their address, it is our name. If I have to register in my hometown the last name will be recognized and I would fear for my parents’ business and fear they would be ostracized for something I’ve done. My father taught at the local high school for thirty years and my mother has been active in the community for just as long and just retired. Unfortunately, it is not as simple as staying in a hotel instead of at their house. So trying to avoid registering there which is the easy part as I can be there six days out of every 180 and not have to register. It is the Florida part and the worry that if there is any sort of problem with the return flight then I could end up in prison. I don’t know how to solve th issue of what happens if the return flight is delayed. That is the last hurdle.
Hello Andrew
I feel your frustration. From what I understand that until July you can travel out of state and visit as many places as you wish as long as you do not stay at that address more than 4 days. And you do not have to not out from Florida. So if your flight is delayed you can then stay at another address for 4 more days. You just have to make sure you comply with the jurisdiction you will be visiting.
This is not legal advise, but from what I am reading that’s what I come up with.
Check it out more so you will feel comfortable.
Thank you for the knowledge about the Florida rules, being able to switch addresses is critical. Now I just need to check the rules where the layovers are in case I get delayed there.
So if this is true about being able to go to a different address, will that still apply when it is down to 3 days on July 1st – meaning one could spend 2 days at one address and then 2 at another and so on as long as you are complying with the requirements of the other state? That would not be quite as horrible.
yes
Hello Andrew
I hope you’re having a good start to another day.
Yes, that is the response that the FDLE made in response to the letter that was sent to them.
But remember this is not legal advice that I’m saying to you. You need to make sure that it is clear in your heart and in your mind so you can be at rest when you do travel.
My wife and I travel a lot I’m 75 and seek to enjoy my retirement it’s best I can under the circumstances. I’m doing this for 20 years now.
I seek everyday to never let a root of bitterness spring up in my heart that would do nothing for me or for anybody else.
My advice to anyone who is living under these laws that keep being piled up on us is keep your nose clean seek to fly below the radar follow the law. That is don’t draw undue attention to yourself.
Find a base of support to encourage you. Do the best you can not to isolate yourself I don’t know where you are on your journey but I just felt like I needed to share this with you today.
Pray for FAC as they seek to help us understand what’s going on and the lawsuits that are being filed and have been filed.
Hope you get to go see your family.
Ive been told to call if its a problem. Im not on any paper anywhere so not sure if that matters. Also have been told and the officer has signed a business card to it that i do t need to change if its 3 days: the reason being that on the third day if im on my way back i havent spent the third day there. Its happened over a dozen times even with the 5 day but i cover my rear and go anyway : different story each time but consistant always on the call of theres an issue
Vermont has now also done away with a lot of the registered citizen laws. No living requirements, very liberal state and upon evaluation of your case most don’t have to register except for when you arrive there and establish residency so they can notify Florida that you are now living in Vermont. I suggest anyone that wishes to leave Florida to a state with less restrictions obtain a risk assessment to bring with them.
The requirement to register your new address within that state is a federal law actually. SORNA.
And under that act (I believe) that is the only time you have to contact law enforcement.
If you are 10 years or more out from your end of sanctions and you qualify (simple offender v. predator type thing as best as I can tell) you do not have to register in Vermont even if you are moving there. If you want to go there, i would advise calling the one woman who apparently handles such things for the entire state of Vermont. 😉
May 14, 2018
Hello FAC; First thanks for the great work on behalf of registered citizens. I am thankful to me a member and it’s money well given to support you.
the enquiry you sent to FDLE and the response is of great interest to my wife and I as we do travel a lot. There is one point of concern and I am sure you can clear it up for us and others. In you opening comments you stated the following.
“This does not apply to INTERNATIONAL travel, which requires notice no matter whether you go for 1 or 100 days.”
I personally read the statutes also. In reading the response back from FDLE they quoted the Florida Statutes 943.0435(7) and 775.21(6)(i), I have copied a section from the statute concerning international travel..
“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.” (Bold type mine).
Would you please inform us is it 1 day or is it (5) Five?
Sincerely Sail-away
For INTERNATIONAL TRAVEL you are ALSO subject to the INTERNATIONAL MEGAN’S LAW (IML) which requires notice whenever you travel internationally. Even if it’s 1 day.