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.
Im confused. If someone could please clarify. I am traveling next month out of state. Will be leaving on a Friday and returning on the following Saturday. The state that I am traveling to only requires a written letter mailed to the appropriate authorities. I do not have to report to any office. What do I have to do in Fl. Thanks
If you stay in the same place more than 5 days (3 starting july) you need to report it in FL ON TOP OF whatever you report in that state, as required
It’s a bit confusing though in the sense that if we go on “vacation” for 5 days let’s say to California, a “vacation trip” (not a move) is a temporary residence ? Even if it’s a hotel ? That’s pretty retarded. They might as well be more clear and say, just report everything(vacations, moving, everything). Some states you visit don’t even have to report if you’re visiting there for less than 5 to 10 days. You can visit them for 4 days(a weekend even) and not say anything to the visiting state. A person would have to tell the sheriff here, but not the sheriff there ? These restrictions are so stupid, and only cause inconvenient entanglements, confusion and headaches on both sides for RCs and LEOs I can imagine.
Yes, a hotel is a temporary residence. Staying at a friend’s place is a temporary residence.
I went to Mississippi for 4 days and then returned I did ask the local law enforcement if I had to register he told me just go enjoy yourself and make no trouble for us. so it varies from state to state . Most of New England do not have restrictions as to where you live or stay and New Mexico has the most lenient laws in the USA. Once you are off probation which I have been since 2009 you really are a lot more free then you think. Play their silly game and go have fun. There is so much you can do and enjoy in this world.
The complete mishmash of regulations is designed so that we end up back in jail. I was told the first hour I was on probation by my PO that it was their job to put us back in jail. I think that is the same mindset at the people passing the laws – to get us out of the community one way or another.
I know I’ll get disagreement from this and chided or something, but I’m gonna say it anyway. There’s no way in hell they can enforce this if they don’t know where the hell I’m at and I don’t leave a trail for myself or get pulled over. For example, if I wanna go see my family in South Carolina for a week or however the hell long I wanna go, I go up and stay with my relatives, no hotel, and just park my car and ride with my relatives everywhere or just make sure I don’t get pulled over. Easy. Plus, how in the hell could it be proven by Florida how long I’ve been gone anyway?? Some of y’all are crazy to go to the sheriffs office for every little thing and put your face in front of them. I say what the govt doesn’t know about you, won’t hurt em. Now I know FAC is going to put a reply to this disagreeing with me and saying we need to follow the law because they have to say that. But my point is, quit living in fear of these idiots guys. Go out and enjoy your life. I intend to do that after I hopefully win my motion for early termination of probation in July. But of course, I’m being dragged through the mud on that too. In any event, I’ve had it. I’m not going to let these morons ruin my quality of life. There’s ways around everything, and if I’m not moving, going on a cruise, or traveling internationally, no one needs to know a damn thing about my business or whereabouts.
OK – here comes FAC’s disclaimer…
We HAVE to advise our members to follow the law, no matter how absurd we think the law might be.
The first person who gets popped for something they never thought they would get in trouble for in a million years (wait, that sounds familiar) that points to the FAC site as the source for authorizing it, imposes liability on our organization and destroys our credibility in the courts.
Our job, as a news site (news sites are exempt from Internet Identifier registration) is to report the FACTS. We inform our members of the latest changes to the law, including clarifications from legal or government authorities (not lay opinions). We also update on current litigation and issues affecting registrants in FL and worldwide.
We can not allow discussions on how to circumvent the laws or encourage others to violate them in our forum. That happens and all credibility goes out the window. It can jeopardize what we do.
I agree. Thank you!
Fair enough. That’s fine. They can just blame me for suggesting to circumvent the law then. The laws are made by crooks and therefore makes them null and void in my mind anywsu. Just my opinion.
This discussion has not yet resolved two conflicting definition of what constitutes a day. Is it:
– A calendar day (as in the example of 11 p.m. check-in), implying, in typical cases under the new law, two nights; or
– 24 hours (as in the example of checking in 11 a.m., checking 3 p.m. 68 hours later), implying, in typical cases under the new law, three nights.
And, typically how receptive are hotels to RSO’s staying on their property, particularly when (as will be increasingly frequent under the new law) they are establishing temporary residence there?
(Finally, FAC, the observation you make above in parens. regarding news sites, ought, unless I missed it, to be in neon and may merit its own topic, so that RSO’s are not intimidated about posting. Perhaps a note next to the Reply button?)
The definition is not defined in statute.
Why tell the hotel?
FAC,
Could you please post the “internet Identifiers” post again. My monthly check came by and told me that I dont have to report my vehicles, or delete my vehicles, I dont have to list ALL of my internet Identifiers, (just my e-mail address) and that I dont have to list all of my credentials/licenses on the FDLE website.
I have checked with legal council and they told me to print up ALL of my info, give it to the cop and have him sign it. Because if it isnt kept up to date, it is a 3rd degree FELONY on me. (for me supplying all updated info and them NOT reporting it)
Did you get that in writing? I hope so, because they are wrong. The law has not changed with respect to the reporting of Internet Identifiers or vehicles. We are not even in legislative session for the laws to change!
The relevant Florida Statutes are the same. You can find them here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0435.html and here http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.21.html
If you have a lawyer, take his or her advise
FAC,
Do cops EVER put anything in writing?? (LOL) I know my 3 month guy will NOT sign ANY document (except my registry app) so I give him the paper and he does nothing with it and I get busted for not “complying”???
When I informed my one month cop (today) of what I was going to do, he started to get LOUD, raising his voice. After I told him once to lower his voice (and he didnt) I told him to get off my property. He calmed down then. All he wanted to do is give me false directives.
He also told me that it was a “privilege” that the 3 month cop comes to my house to do my 3 month check as I am, by LAW required to go to the courthouse to register; not for him to come to me.
(I was BANNED & TRESPASSED from Broward County Courthouse by Dep. Halloway Hart–stating that I am a fall risk and a major liability for the courthouse. I have syncope w/ collapse, which means I can pass out at any time)
The police dont like for us to be compliant, and keep our FDLE stuff legal, just so they can jam us up for them not doing their jobs.
“Why tell the hotel?” Typically, they ask for your driver’s license when you check in so you are defacto telling them since F.S. or “Sexual Predator” is printed on your license.
Right – why tell them anything though?
What else would you do if they ask for your license? I have tried using student IDs and Military IDs, but they ask for something with your address on it. Am I the only person showing my license when I check in to a motel/hotel?
Put a sticker on it,over it, just remember to take it off when you leave the hotel desk.
If the Sheriff or police see a sticker over the SO info, they will arrest you..
Have your wife or Girlfriend take care of all that stuff, I’m
just a guest…
i pay in caash at check in and no id is required. I do use my credit card to make reservation so they hold it when i arrive i say i wish to pay in cash. they never ask for an id
Cant switch a dl to a hotel address i thought… so odd this idea…. useless and totally ambiguous…. and assenine
I agree but when you travel internationally don’t you want to sign up for sightseeing trips through a legitimate tour agency. In Hong Kong they take you to Canton on the main land of China which technically you can’t go but they get the visa and off you go with the group. I can’t see spending 1400 dollars and sit in my hotel. I love to explore and the organized tours handle all the paperwork. So am I to just pass up all the tours that are offered and just sit in Kowloon where my hotel is. By the way when I go to Malaysia the island of Penang is also Malaysia and I will register the address of the Cathay Hotel. Its 5 USD a day for a room in an old mansion. You learn culture see things you only saw in National Graphic and meet new people. Am I such a monster that I should not be allowed this privilege.
License plate readers everywhere. Same tech to track trucks. You see them at the borders and highways along with e pass tag readers.
Tag readers everywhere. And the tags are registered. On a bus: ticket requiers id. May have other ways but there are methods they can ise to establish cause
Well I’m still on probation and I’ve been able to go to South Carolina several times now. Never had a problem. Never got pulled over. Never even saw a cop all the way up I 95 the whole way. I’m not worried about it when I’m able to travel freely off of probation.
FAC, thank you so very much for for this information. Last month when I went to Virginia Beach for my high school class reunion I went to the police precinct office to ‘check in’. They didn’t know what to do. They finally got a ‘felon form’ out, put my temp hotel address on it, had me sign it, and sent me on my way with best wishes for a good reunion. I will be going back to Virginia Beach this month for an Aerospace Maintenance Professionals Symposium and it’s good to know that I will not have to put them and myself through that hassle again.
I will be carrying a copy of the FAC post everywhere I travel to.
yep, that’s exactly what i said as i use to travel for work and the local SO told me i need to register in every city, county, the state I travel through, he had me falsely arrested twice first-time warrant for not updating dr. lic. 1 year later for failure to change address. lost lots of time and $$$ crooked crooked crooked. finally, the state attorney told the cop i’m allowed to travel without telling him as long as i don’t actually move!
Good lesson – people are told all kinds of craziness by their POs and SPOT unit. If you don’t think they are right, ask them to reference the statute that requires it.
This is AWESOME information !. I always said the same thing, But Marion County Sheriff said I MUST report IN PERSON before and AFTER returning from out of state travel !!!. I even missed several business trips as well as Family passing away because I wasn’t allowed to travel without reporting in person FIRST to give them the address where I was going !! What makes it so bad here in Marion County is, The Sex Offender/Predator Unit is CLOSED on Wednesday, Saturday and Sunday. And only open till 3pm on other days !!!. And if you have an emergency, Your S.O.L !!!!. I’ve discussed this with the head of the Department and they also said “Ohh Well”, That’s the “LAW” !!, So now this proves were ALLOWED to travel OUT OF STATE without notifying them first !!. Thank You so much for getting the CORRECT INFORMATION for us !!. I should sue Marion County Sheriff for all the money I’ve lost over the last 5 YEARS because I couldn’t leave the state. (I own a Towing Service and get calls to tow Vehicles out of state all the time).. Thanks Again !!!!.
Marion County need an education on the laws . They just can’t keep making things up as they please the law is the law of course if you move to another county be aware that the county itself has certain requirements that they passed at one of their commissioners meeting. I love the city of Fort Pierce they bother no one and everyone lives in harmony.
I have questioned this before with BSO (Broward/COWARD Sheriff Office) AND FDLE and they couldnt give me a straight answer.
Lets say that I want to travel to New Hampshire (car). I would leave Fla and my first overnight stop would be “South of the Border”. The next day I would continue and stop in Penn. (overnight). The next day I would reach NH and stay 36 hours. Then I would come home about the same route; with the same “overnight only” stops.
The FDLE told me “as long as I am not in the place/residence for more than 3 days, I am GOOD !!”
3 or more days as of July!!!
so a 72 hour stay can only be 71 hours. And it’s aggregate in a year, so if you make the same trip every month stopping at the same hotel overnight every time, you will need to register after the 3rd overnight stay in that hotel. Suggest you find a different hotel for your 3rd overnight stop in Penn.
FAC,
actually, they would have to follow the law of the state they are going to. you are referencing the Florida law and if a person travels out of state then they need to follow the law where they are visiting as the 3-day lay is a Florida law and the person said they go out of state if they were traveling within Florida than that law applies.
Correct and good clarification.
You only need to inform FLORIDA if you will establish a temporary residence in another state for 3 or more days.
That other state in which you are for 3 or more days will have their own rules that you will ALSO need to follow.
How do you figure less than 36 hours? In my mind 3 or more days is two days that’s 48 hours, am I missing something here.
TOTALLY MY MISTAKE 72 HOURS
IT’S BEEN A LONG DAY
TO the FAC as of JUNE 1ST I am officially retired and will have a lot of time on my hands if you need help. As ytou know I have been very sick for the past few months but I am doing great now walking on my own and my memory is that I can hold an intelligent conversation. I owe it all to a team of doctors that really believed in me and worked hard to help me. I am no longer on pain medication and have finally gained a few pounds. You wouldn’t recognize me. I will be off of disability as of June 1st and the govt. will start to pay me my SSA early. GOD is GOOD. Anita I have a knew cell phone number send me an email and I will send you my new number. Also I have been approved to visit people I know in D.O.C. and will be teaching 2 classes at Okeechobee CI and Martin CI. It’s amazing!
Frank,
May God Bless you with your new found health. I hope that you can help take up the fight for ALL RSO’s. My health is failing (Severe Asthma/COPD–PTSD, Bipolar) otherwise I would be out, on street corners doing what I could to inform people about these travesties.
But even typing on my keyboard gets me out of breath, so all I can do is what I have been doing.
Please fight the good fight.
Thanks
Have no fear I am a Fighter and refuse to let them take advantage of me . They have tried but I am just not scared any longer. They can’t take away my dignity or character
PS Most states asked me to submit a SOAR form and they evaluate it. I am thankful that I would not have to register in a lot of states.
Florida policies are only hurting Florida and the many families who live here under such restrictions.
In reference to the reply about choosing a different Hotel. Would it not matter since you are in the same state again? I also always thought if you left your stated FL residence for the 5 or soon to be 3 days you would have to register. If that’s not correct then you are saying a person could technically jump state to state for no more than 3 days and return later without any notification even if it was over months of time? (Just in regards to Florida reporting) I believe I read it’s county based for in Florida travel so again 3 days in Miami then 3 days in Ft Lauderdale and no required advance reporting or the fact I am out of my Registered address for more then 5 days soon to be ?
It’s a bit confusing
You’re not the only one confused. Most of the law enforcers throughout many states are also confused. Florida told me to check in with police when I got to Virginia Beach…from Florida. The police officer that I checked in with did not know what to do. She called around and came up with some ‘make shift’ method of getting the address where I would be staying. The problem is these ‘do-gooder’ lawmakers are coming up with ‘feel good’ laws without investigating the ramifications of enforcement. My policy…do not violate common sense laws and law enforcement will pretty much leave you alone. They have ‘real criminals’ they need to focus on.
It is VERY confusing, but I believe that when there is a change in law or an alteration in the existing law that they must notify those that it will affect. This argument came up in Indian River County and the judge himself through the case out because the defendant was not properly notified of the change in the law. However it is my sole interpretation and I can definitely be wrong so please correct me: If you will be leaving your permanent address for more than 3 days you must tell them of your plans and where you are going. You do not have to register each place as a temporary address as you are not using the hotel as a temporary address and will be vacating within the three day period. I might be wrong but my county agrees with me.
You and your county are wrong.
There is no requirement that you notify if you will be leaving your permanent address for more than 3 days.
Just for your info New Hampshire has changed a lot of their laws giving registered citizens a lot of freedom (off probation) they do not have living requirements and they evaluate your case as to if you have to register at all except to let Florida know that you arrived and the registry is not public knowledge unless you are classified as a number 1 ie: predator, victim 12 and under, case involved brutality and violence etc. I know because I filled out the paperwork and was told I did not have to register I would only have to tell them if I moved to another residence within the state, same for Vermont, Massachusetts and connecticut does registration yearly by the mail you fill in the little bubbles and that’s for ten years for the worse offense less if the degree of offense is less. Even New York has changed a lot of their registration laws you just have to check each one out. As far as visiting most states can’t be bothered with the paperwork. I think the states are realizing that all this will not stop a pediphile from re-offending. That’s who most of these laws are geared to. Not the guy who made a one time mistake and has never re-offended again.