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.
I would like to travel to Indiana so I looked up the sex offender statutes. I need help interpreting what I found. On one hand, it appears I would need to register if I am there for 72 hours at a temporary residence:
IC 11-8-8-12
Temporary residence
Sec. 12. (a) As used in this section, “temporary residence” means
a residence:
(1) that is established to provide transitional housing for a person without another residence; and
(2) in which a person is not typically permitted to reside for more than thirty (30) days in a sixty (60) day period.
(b) This section applies only to a sex offender who resides in a temporary residence. In addition to the other requirements of this chapter, a sex offender who resides in a temporary residence shall register in person with the local law enforcement authority in which the temporary residence is located:
(1) not more than seventy-two (72) hours after the sex offender moves into the temporary residence; and
(2) during the period in which the sex offender resides in a temporary residence, at least once every seven (7) days following the sex offender’s initial registration under subdivision (1).
(c) A sex offender’s obligation to register in person once every seven (7) days terminates when the sex offender no longer resides in the temporary residence. However, all other requirements imposed on a sex offender by this chapter continue in force, including the requirement that a sex offender register the sex offender’s new address with the local law enforcement authority.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
Then further down I find a statute that may be saying I don’t have to register in Indiana:
IC 11-8-8-19
Expiration of duty to register; lifetime registration
Sec. 19. (a) Except as provided in subsections (b) through (e), a
sex offender is required to register under this chapter until the expiration of ten (10) years after the date the sex offender:
(1) is released from a penal facility (as defined in IC 35-41-1-21) or a secure juvenile detention facility of a state or another jurisdiction;
(2) is placed in a community transition program;
(3) is placed in a community corrections program;
(4) is placed on parole; or
(5) is placed on probation;
whichever occurs last. The department shall ensure that an offender who is no longer required to register as a sex offender is notified that the obligation to register has expired.
(b) A sex offender who is a sexually violent predator is required to register for life.
(c) A sex offender who is convicted of at least one (1) sex offense that the sex offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age at the time of the crime;
is required to register for life.
(d) A sex offender who is convicted of at least one (1) sex offense in which the sex offender:
(1) proximately caused serious bodily injury or death to the victim;
(2) used force or the threat of force against the victim or a member of the victim’s family; or
(3) rendered the victim unconscious or otherwise incapable of giving voluntary consent;
is required to register for life.
(e) A sex offender who is convicted of at least two (2) unrelated sex offenses is required to register for life.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13.
I received probation and my offense was adjudication withheld so no felony conviction and the sections b-e do not apply to me. My probation began in January 2006 so that is more than ten years ago and I completed probation in September 2014.
I am asking for help to interpret these statues correctly. I do not wish to contact the authorities in Indiana as I am trying not to damage my family any further and if I have to register in my hometown there they live and have a business my fear is they would suffer from me registering in Indiana.
So my question is do I need to register within 72 hours or not?
My apologies for the long post
And there is this statute which seems to be saying that I don’t have to register if I am there less than 7 days”
IC 11-8-8-7
Persons required to register; registration locations; time limits; photographs
Sec. 7. (a) Subject to section 19 of this chapter, the following persons must register under this chapter:
(1) A sex offender who resides in Indiana. A sex offender resides in Indiana if either of the following applies:
(A) The sex offender spends or intends to spend at least seven (7) days (including part of a day) in Indiana during a one hundred eighty (180) day period.
(B) The sex offender owns real property in Indiana and returns to Indiana at any time.
(2) A sex offender who works or carries on a vocation or intends to work or carry on a vocation full-time or part-time for a period:
(A) exceeding fourteen (14) consecutive days; or
(B) for a total period exceeding thirty (30) days;
during any calendar year in Indiana, whether the sex offender is financially compensated, volunteered, or is acting for the purpose of government or educational benefit.
This seems to be saying I don’t have to register as I would be in Indiana for less than 5 days to satisfy not having to alert authorities in Florida.
I am confused. Can anyone help?
Best thing to do is call the sheriff’s office for whatever county you’re going to. I did it for Montana just 6 or so months ago. That is the most accurate information you can get straight from the horses mouth. Just be sure to ask every question exactly how you want it to be answered, don’t beat around any bushes. That way there is zero confusion. I’m also considering a move there so let me know what you find! 🙂
Get it in writing!
The only problem with getting anything in writing is law enforcement’s desire not to be held accountable for anything on paper. Just ask my lawyer about Brevard County probation.
After reading all the comments on interstate travel it’s no wonder everyone is so confused, including law enforcement officials. Only politicians looking out for themselves could screw things up so badly.
please do tell me the changes that went into effect on May 8th in New Hampshire. I am planning to move within two years to Massachusetts but am still interested in the changes in New Hampshire. Thanks Frank
Frank – Please refer your questions about New Hampshire to the affiliate group in that state (or that region).
Citizens for Criminal Justice Reform – New Hampshire
https://www.ccjrnh.org/
The new laws of New Hampshire did not apply to me I am not incarcerated or on probation. You must read these laws carefully for true application.
I am also planning to move to Massachusettes the state is very liberal not as liberal as Vermont or New Hampshire but still liberal. Upon arrival you go to the sheriffs dept. and register at that point they will notify Florida of your arrival. Nothing else will be done until you fill out a SOARR application and they review your case. Depending on your case they will let you know if you have to register and for how long. The most is ten years from your arrest and conviction. I have already sent my form in along with my risk assessment. They said I would not have to register except the first time to inform Florida that I now reside in a different state. Also the registry is not open to the public unless you are of a high risk or deemed as a predator. Also whatever state you intend to live in just look up laws for sex offender registration in that state. They state everything as plain as day.
I would be interested to read the NH laws as from previous searching, I would not call that state “liberal” when it comes to RSO. Definitely not compared to Vermont or even Mass with is 20 year to 10 year reception provision. The difference with Vermont is unlike Mass, you don’t have to move there to get an answer/classification up front and removal is automatic if you qualify. No need to go to court. On paper, Mass really appears to be no different than Georgia.
Can someone reccomend an expert in Ga, who specializes in removal or can provide details of buying a residence in the state?
Either way youre onflorida for life no matter where you move
This RSO situation makes “Hogan’s goat” look pretty organized.
The last time I had to re-register in Marion County, the detective / officer processing me pointed out to me, and it’s printed on the form that we thumb print and sign, that I must report in person if crossing the state line (paraphrasing, dont have it in front of me). So if a county is adding in their own rules, how do you fight that?
Get a copy of that. No other county says that and the form is supposed to be standard across Florida.
I believe you might be mistaken or Marion County is doing something shady.
some counties add in local ordinances that were voted on by the county commissioners. For example if you live within the city limits of Fort Pierce it is only 1000 feet from a park or daycare. No school bus law exists within city limits. I have a school bus stop on my block. Even though I live in St Lucie county the local city board of commissioners voted to exempt certain regulations. Now in the same county if you live out of city limits , in Port St. Lucie and unincorporated St. Lucie county the laws are different. It’s 2500 feet from parks, daycare,schools and school bus stops. That was voted and adapted by the County Commissioners. Which do not affect me cause I live within city limits of Fort Pierce.
Additionally, 943.0435 (14)(c) states “Reregistration must include any changes to the following information: 1. … address, location or description, and dates of any current or known FUTURE temporary residence within the state or OUT OF STATE;”
Reference:
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=257483695&CFTOKEN=ee39c670f013f934-C5E3A7F3-AAF7-6192-30E429AEA90F416B
What are you saying?
Temporary Residence is a defined term that is defined as 5 or more days (soon to be 3 or more days).
Looks like my first reply to this was not published, that’s why my second makes little sense.
Future residence? How far into the future?