Impossible to Comply. What should you do in the event it’s impossible to comply?
Holiday season and office closures raise an important concern among registrants. There are several changes that require reporting IN PERSON “WITHIN 48 HOURS”, pursuant to the registration statutes. But there are many times where the registration office or the DHSMV (Driver’s license office) are not open for periods exceeding 48 hours, making registration impossible.
One registrant tried to report in Polk county, but arrived at the office to find a sign on the door letting them know the office was closed on December 24, 25, and 26. With their registration office being closed on Saturday and Sunday, that leaves a period of 132 hours where it’s impossible to report IN PERSON.
The law does not specify business hours, the law does not exclude hours where the registration office is closed, there’s no exception from criminal liability where someone shows up to register and there’s a “Closed” sign on the door.
So, to avoid a 3rd Degree Felony and potential 5 years in prison (but a mandatory minimum 6 months on an ankle monitor), what do you do?
Unfortunately, there’s no good answer. You can try calling (or better yet, emailing – so there’s a record) the FDLE (info below) and hope they give you an answer that’s better than “we can’t give you legal advice, you need to call an attorney”. Truth is, attorneys don’t know what to do either, since the law is written without exception and nobody has filed a lawsuit compelling their county registration office to remain open.
You can also try calling your county registration office when they are open and asking them what to do in a situation where you have a 48 hour window to report something but your sheriff’s office is closed. Contact info for every county can be found here.
Please share any information you get (along with who you spoke with) in the comments, so that someone else in your county will know what you’ve been told and multiple people don’t call the same office with the same question. Also remember that any information posted here is not legal advice and is not a legal authority.
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It’s my understanding that the law reads that the burden of proof is on the accuser.
If you have done everything in your power to register and the facility is closed then the fault lies with them, not you, unless you purposefully avoided registering.
You should provide proof you were there with pictures and leave emails, texts, etc.
I also believe somewhere in the SORNA langquage it says you cannot be prosecutable if a situation occurs where it is impossible for you to register.
DVC
That happens a lot when Hurricanes happen. If you evacuate, you have to register where you are going, but often during a hurricane, the registration office closes.
Polk County used to have the intake officers/staff do the registrations when the office was closed.
They do not do this anymore, even if you stand there literally crying and begging. Ask me how I know.
I was told to go to another county to register if that happens, because each county has their own hours, Broward was closed only for Christmas Day, and opened the next….
Rick
That is Bizarre that they told you to do that. Not saying it isn’t true but didn’t know you could register in another county, unless you were visiting there for more than 2 or whatever days. This entire dilemma is a case for us all being arrested. Even the registration offices often have conflicting information from county to county and sometimes in the same department depending on what employee you speak with.
I was told the same thing in 2005, when the courthouse was shut down for 2 weeks when the power was out for hurricane Wilma, I went to palm beach courthouse …..
In some, or most cases, they will tell you that you should have registered sooner. This is one of those gray areas, where no one truly knows what to do.
I had a similar situation not too long ago where I needed to update my registry for internet identifiers. The jail house told me they didn’t have anyone available to update my registry and to come back on Monday. This was on a Friday. So I went to the Sheriff’s office at the court house and explained my situation that I have 48 hrs to add my internet identifier and today is Friday. I can’t remember his name but he was the assistant for Sheriff Darby Butler here in Dixie County. He called the Jail and got it straightened out and told me to go back up there to the Jail. Since then I have never had a problem.
The absolute worst that could happen would be that they make an arrest for non-compliance, but when a judge sees the situation they will just dismiss the charge. Violations have to be made willfully, from what I understand. If you make a good faith effort to be compliant and are prevented from doing so by circumstances beyond your control, there is no willful violation. If the police understand this and make an arrest anyway, they are just wasting resources.
People shouldn’t be arrested for something that was impossible to do in the first place
R, that’s hardly the worst.
An arrest – not even a conviction, but an arrest – will be grounds for never being eligible to petition for removal from the registry pursuant to 943.0435(11) Fla. Stat.
The worst is also that you don’t have a judge that sees it as you do, they determine the FTR is a strict liability offense, and launches you for going to trial.
In my town, the officer responsible for registrations calls a few days BEFORE I am required to register. There, he tells me when is the best time to come in to meet my obligation. It’s similar to setting up a doctor’s appointment.
@R
In Florida, any arrest, even if dropped later, can cause you to never, ever be removed from the registry. The judges say their hands are tied, as the law does not grant exceptions. (I believe that was done on purpose to get us in trouble and back in jail or worse)
I have an arrest that didnt even lead to a plea hearing. It was immediately dropped and filed as no information. And now i cant even get expunged or off this list! It was for an ftr that they know and saw was false so they didnt even pursue. Now im stuck here forever.
Whyme – contact [email protected] with details.