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.
So just so I understand this, I can get on a plane, fly to Tennessee on Friday evening and return Sunday afternoon and not have to report to anyone……
Is this correct ??
You don’t have to report to FLORIDA. We have no idea what your reporting requirements are in Tennessee.
FDLE has told me that they count days as, Friday, Saturday, Sunday, etc…Not as 24 hour increments, I tred that one.
Under this day count, you would have to report to FL if you were at same Tennessee address all 3 days.
We shouldn’t be left in ambiguity, with felony arrests being a potential outcome! Shouldn’t need a legal team to interpret this shit either!!
I have been told this for the last 12 years, at broward county sheriff, each time I asked about going to tenn. for 3 days to see family. The said I need to give 7 day notice,flight information, where I’m going to stay,I had to be back in 48 hours in broward county or be subject to arrest .
I will be taking this info to them next month when I go to Re-Registrtion,and ask again the same thing and see what they say…..
I’ve missed a lot of family get togethers over this…..very Disturbing
If you have it in writing, you may be able to do something about it.
Next time ask them in writing.
I sure will , I report next month,and I’m sure this letter will make it there before I do….
Each of these law enforcement organizations sort of make up their own rules as they go along. Ask two people in the same office and you will get two different answers. This is just how complicated and convoluted our esteemed lawmakers have made life. Simple for them; difficult for everybody else.
During MY instance, neither BSO, or FDLE could give me an answer on where, how, or IF i had to “register” because my stay was for only one night, in one location, in one State. (NEVER stayed at the same place twice, paid cash).
QUESTION FOR FAC…..
I own my own home and was grandfathered-in to the “pre restriction” era (parks, schools, ect.). I also know that if I “move residency” from Broward County, I will not be able to come back.
MY Question…
If a hurricane comes thru (I cant go to a shelter) and my house is deemed unlivable, (till its fixed) can I put a tent up and live in my backyard?
Its still my residing address.
Or would they force me out of my property? (the cops say that there is no where in Broward that I could live) I must move out of the state.
Not true that you can’t come back. It depends on A LOT of circumstances. For example; if you live in Broward (where FT Lauderdale is) and your case is pre 2004, you can move anyplace in Ft. Lauderdale.
There are a lot of factors that contribute to the restrictions.
If you own the property, keep it registered as your address. Don’t change it. If you get a new temporary address keep the permanent address. You register the address, not the structure. People are registered at intersections.
@ FAC,
1994 was mine, so Im covered. Gee, I find it strange that Law enforcement could, or would “mis-quote” the law..!??
(dripping with sarcasm)
I have an agreement with Home Depot (manager & I) that if a catastrophe struck, I would be able to get a 12X20 shed (windows, doors) delivered. Run an extension cord from the generator to the shed, plug in AC, TV & fridge and Im good to go.
All of us (RSO’s) need to start thinking NOW about what we are going to do IF a hurricane struck Sth. Fla; or Fla in general. We cant go to a shelter, so either we hunker down or we travel—– And HOW are you going to be able to tell the cops WHAT motel you are going to if they are all booked up before you get there?? (3 states away)
Maybe we could go to Ron Books house and stay??
(1) if your case was 1994 you can live anywhere in Ft Lauderdale. See Ft. Lauderdale v. Anderson (or our recent news).
(2) if a hurricane hits in Broward we can now go to a shelter (thanks to FAC’s efforts to change that this past hurricane season)
(3) did you submit a case consideration and has someone from Weitzner & Jonas been in contact with you?
FAC,
You wrote to me;
“did you submit a case consideration and has someone from Weitzner & Jonas been in contact with you?”
I did, about a week, week and a half ago. What for? NO ONE has been in contact with me. Case consideration for what?
Please e-mail me to explain. Thanks.
Yeah can’t go to a shelter with your family. That is why our whole family stayed in a mobile home during 100 mph winds in this last hurricane. I am not leaving my husband to fend by himself, so we all get punished.
After 7-1 you will need to report to FL. 3 days establishes a temporary residence, and they count by days of the week, not hours. So even if you are there Friday 11pm to Sunday, you still have three days. If you have family at multiple addresses that would be a way around the temp address
FAC,
Who is going to contact me? An attorney or group? Id be happy to help to provide any info, whether its for you guys (all of us) or just my case.
I think you have my e-mail address.
Fill out a case consideration: https://floridaactioncommittee.org/case-consideration/
too bad this subject wasent brought up 12 years ago when I got off my 15 year probation…
I had more freedom on Probation, my wife and I went everywhere,since I’ve been off Probation we haven’t gone anywhere…..
😐
I have been afraid of traveling outside of Florida or even within Florida since I completed probation because it is all so confusing. And it is not only any little actual mistake I make that could result in a felony, but any incorrect perception on the part of law enforcement that could also result in being charged and my life turned upside down. Again. I was happy to hear about the Fort Lauderdale housing restriction change and am now trying to find a new apartment as well.
Does anyone know the requirements of Indiana? Or where to look to find out? I want to visit for my mother’s retirement party.
The rule of thumb I usually follow for a “day” is whether I spent the night at the location. Often, I will use my family’s time-share from Sunday to Sunday, but on the first Sunday night I have the time-share, I spend the night at another hotel. The following Friday and Saturday night, I spend the night at another hotel, and hang out at the time-share all day. The only time I actually ‘resided’ at the time-share was Monday through Friday, four nights.
As noted in this chain, FAC and the comment section should not ever condone violating or getting around the law, but knowing the laws and following them to one’s advantage should always be encouraged.
I’m still confused. If I go to Georgia and stay three days (after July 1) at the same place, why would I have to report a temporary “residence” to Florida if I’m in Georgia and this requirement is a Florida, not Georgia, law?
Also, 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.
If you are going to let criminals in office that are destroying your human rights restrict your Freedom of Movement on this planet, then how can you blame the Nazis for murdering millions because “It was the Law”? They were only listening to everything their God-like leaders told them! Such holy people! You will go to Hell forever if you don’t listen to your supreme leaders! Here is a secret that may not be obvious to most people: These Laws are made by morons that never spent even 8 hours researching both sides of the topic before passing the ‘said law’. The less information you provide this corrupt, human-rights-violating scheme, the more of a Stand you take for your own life. You’re going to let some mis-guided morons tell you how you can and CANNOT live your ONE life when you are not causing harm to others? They can go (you know what) themselves. How much of this abuse are you US citizens going to take? These Monsters are passing laws that impede the lives of thousands of law abiding people, all while saying “Mass Murders are NOT MY PROBLEM!”, “Violence is NOT MY PROBLEM!”, “Kids being abused by family members is NOT MY PROBLEM!” It’s so easy to turn a blind eye to real problems huh? You have to be the lowest of the low of a person to be in politics and systematically pick-on a class of people that had labels placed on them, which citizens with a classified sex offense have had done to them (RONALD and LAUREN BOOK?). The same “LAWS” were applied to other types of “disliked groups” throughout the US’s history. “Blacks”? “Gays”? Where are the Bills that are being passed to prevent the deaths of more citizens on the registry due to vigilante violence which stems from the public registry? So it is OK to kill people on the registry, even encouraged due to public access, but someone who paid their dues to society and wants to travel to Florida with their family or travel internationally needs to give notice and likely be put back on a plane or risk being jailed for not wanting to give a ‘status report’ to their local police department? LOL! Laws like this turn this country into a complete joke. What intelligent human being would follow these Injustices and fight for them? The Founding Fathers of this country would DIE if they saw the injustices going on due to Abuses of Power in the government.
(Breathing a huge sigh of relieft) Siiiiiiggggggghhhhhhhhhhhhhh. FINALLY, someone else “gets it!!!!” That is exactly my take on it too Joe123. The less these morons know about me and where I’m at, the better. And you’re right, refusing to follow this garbage is exactly what you said, standing up for MY RIGHTS. I went to prison because of THEIR ENTRAPPING me. I’m about to get off probation if they will stop dragging me through the hoops, and THAT’S IT!! That’s all I’m giving these people. Seeing and helping my family and my enjoyment of life is far more important at this point. I’m becoming my own 1776 revolutionary and standing up for ME. If everyone else wants to sit back and pander to these idiots who clearly just want total control over you and to continue feeding their lavish lifestyles (that WE allow), then go right ahead. Wow, Joe123, thank GOD for you! Great comment.
Be sure to obey all rational laws but be willing to take a stand against irrational laws that are designed only to build up the ego of some politicians and create more problems than they solve.
Please don’t try to confuse using logic and reason! BOTH of those are not used in Florida and to suggest otherwise would be anarchy! 🙂
But seriously, at one time slavery was legal, discrimination of gays, pot…the list goes on and on.
The only laws carved in stone are natural ones. Man-made laws are meaningless and can be changed on a whim.
Politicians in Florida use sex offenders and the registry as a tool to manipulate the masses with FEAR of a boogyman – the faceless monster just waiting to attack and they claim watching so-called “sex offenders” will stop it. Total lie when the FACT is that a child is most likely to be abused by someone they ALREADY KNOW and NOT a stranger.
The Books know this and yet use the lie to abuse strangers they have never met. They lie about child safety while these very lies allow the abuse to continue and even assist it by diverting attention to little red dots on a map! Half of which represent people who don’t even live in the state! Many of them actually DEAD!
Insanity that must stop! Please read my website for more info on the dirty secrets of the registries actual purpose they DON’T WANT YOU TO KNOW! SexOffenderTruth.com
I finally know what it was like for the Jews in WWII and the atrocities they went through. History repeats itself. Today we as registered citizens are the main topic to the politicians not because they think all of these laws will stop anything but to a please their constituents so they get re-elected for another term. I did do a seaRCH ON FOREIGHN COUNTRIES THAT ALLOW REGISTERED CITIZENS TO ENTER WITHOUT A PROBLEM. i Was surprised of the extensive list and have made numerous trips since. I am preparing to go to Malaysia by the end of June who welcomes registered citizens into their country. Also I will go to nepal. The list says that almost all African countries do not stop registered citizens. With Europe its country by country and you just have to check before leavine or booking a flight to give to authorities the information. Interestingly enough when I went to Honduras they had me listed as a child abuser not a SO and they said that it happened 13 years ago. I gave the address and said my friends were in the lobby waiting for me they went to verify that they were there and they allowed me to stay for 1 week only. I then went to Managua Nicaragua and took the bus into Honduras and they just looked at my passport and allowed me to continue on. So I have found many ways to travel without incidence. It is the US Marshals that send the country that you plan to visit a “green notice of possible danger for the person entering the country” not your local Sheriffs department. However be aware that some countries such as India, Australia, Canada and Japan has actually made it a law that registered citizens can not enter their country and if they do can be arrested or turned back. Frank St. Lucie County. I would be willing to help anyone who wishes to travel internationally.
Frank – you should get in touch with Paul R. at Registrant Travel Action Group (http://registranttag.org/)
Sorry I’m getting confused. Does a SO have to tell the sheriff’s office if leaving out of state more than 3 days?
YES
If ESTABLISHING A TEMPORARY RESIDENCE out of state
So 10 states 2 nights each doesnt require a visit? And what if they do the home check on you and youre not hine? its usually the local pd not sheriff: what happens then?
Ive been out 2 days decided to go to sheriffs office so they can update the address as its out of state and they still knocked.
Correct.
Unless you are on house arrest or probation conditions, you do not have to be home. They will come back to check on you another time.
Theyve threAtened to question the neighbors after 48 hours of not being there even if my wife tells them where i am. I even report just in case to avoid this.
yes as of July 1st of this year.