Member Submission: My First Experience Traveling as a Sex Offender
Part 1 Volusia County Florida
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This is a recollection of my first travel outside of my state (Florida) to Chicago suburbs for a family event.
I went to the VCSO in Volusia county and asked them what I needed to do to travel to another state. The Response from the woman behind the glass said. Come in at least 48 hours in advance, tell us where you are going and when you will return. [FAC NOTE: THE LAW SAYS ‘WITHIN 48 HOURS’ NOT ‘AT LEAST 48 HOURS’ THERE’S A DIFFERENCE]
I made all my reservations and went back in before my travel.This time they wanted way more information than they had specified in my first visit.
In addition to where and when I was traveling and when I would return they wanted exact address of where I would be staying, mode of travel (plane), flight numbers and flight times. Luckily I had a ll the paperwork with me. The required a complete Iteniary of my travel.
Flights, airline, depart and return dates and times
Hotel address
The only thing that was never asked for was info about the rental car. [FAC NOTE: THE LAW SAYS ‘“Vehicles owned” means any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle for which a sexual predator or sexual offender is insured as a driver. The term also includes any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days.”]
I gave the the name of the county in Illinois that I would be staying in and the name of the town as well, Dupage County, Village of Itasca. They said when I get there I should register with the local Sheriff.
I asked the Woman behind the glass what I needed to do when I returned to Florida. I asked “do I need to check in to the VCSO office when I Return”, she said no, and subsequently gave me a business card with and 386-248-1788 number and stated, just call this number and let us know.
When I Returned to Florida, I did call that number, got a voice message and left my name and stated that I had returned from travel. That was on Friday after 5pm. I never did receive any kind of verification that they had receivd the info that I had returned. That issue kind of dwelled on me during the next week, so I decided to go into the VCSO office to make sure it was recorded that I had returned. The Woman behind the glass stated that there was no mention in my record that I had returned. She then summoned an officer “Lee” and asked him about it. I could not see him but he said “sometimes when the voice messages are cleared they are just deleted”. I asked him what I should do in the future, he stated that “I was doing exactly the right thing”. But noted that he is retiring in a few months.
He gave me the names of two officers who would be handling this activity in the future.
Part 2 Itasca Village in DuPage County Illinois.
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I arrived at the Chicago airport on Friday and checked into my hotel. It was snowing, it was 4 degrees outside and traffic had slowed to less than 10 mph, and the temps were in the single digits. I decided to travel to the DuPage SO early the next morning (Saturday). I was not sure that they would be open but went there, about 25 miles from where I was staying in Itasca. When I got there, there was a red phone in the main office and I stated that I wanted to register. The Woman behind the glass slid a form to me and stated that they wee closed on Saturday and that I wold have to come back on Monday. I went back on Monday and the officer I spoke with barraged me with questions like “who told you to come here”, and who were you in touch with and the big reveal, he stated since I am staying in Itasca, I should register there with the Itasca Police Department.
I then went to the Itasca Police station on Monday evening and told them I was a traveling registered offender an I was there to register. The officer didn’t really know what to do and took me to an area to be fingerprinted and found a form to be filled out. The form said nothing about travelers and it seemed to be just a regular registration form, nothing about traveling from another state, so he checked “initial Registration”. In the stuff I had previously found online it said that traveling to Illinois for more than 5 days I would need to register. By this time I had 4 days left to be there. I filled out the form and I did get a copy. I returned to my Hotel and withing 60 minutes the same officer knocked on my door and when I opened the door, he stated that he was checking to see if I was at the address given on the form. That was my last contact with the County of DuPage or the Village of Itasca.
Summary
My Travel dates were Jan 17 2010 to Jan 24 2020.
Why is it that I feel that the Sheriffs office and the Police department as well only give you enough information to say that they answered my question. The documentation that they, VCSO, had attached to the form regarding regarding the regular check in visits is tremendously confusing, perhaps that is on purpose. This was my first experience traveling out of state in the 5 years that I was eligible to travel. Not only from the local office but in the web information of what is required at the traveling “TO” location.
I also asked about what about if I do a road trip in a car or on motorcycle, she stated that I would have to list each stopping place before I leave.
I would love to travel more, I am retired. It is untrue if anyone states that the registration is NOT punishment.
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When I was on probation in CT and wanted to go to any events out of state (mostly NY and NJ) that lasted a 3 day weekend, all I had to do was get a travel permit from my PO. Never was I told that I had to register in the state I was going to and therefore I never did.
That is the same for New York. They only want to know if you will be aw as y from the state for more than 30 days. When I decided to leave the States for good, they would not allow you to make notification for the Feds until 2 days before your departure! I recorded it on my phone in case the Feds wanted to make a fuss about it! Since leaving, I have maxed out my 90 days tourist stays in Hong Kong twice, Europe once, and am now half way through my 90 days in Nepal!
Thanks for sharing this. I had to register recently in Orange County, Floriduh. They seem just as confused about the requirements here as the folks in Volusia County. Another guy next to me was trying to register because he was visiting from out of state. I wanted to tell him “dont do it be because you’ll be on Florida’s for life!” I didnt because I was afraid of being arrested on the spot for interfering. He did get registered even though there was a lot of confusion because he did not have to register any longer in his home state. Supervisors got involved, all scratched their heads and the result is that poor guy will be on Florida’s registry for life now. As for me, they just asked if there were any updates. I said no and the clerk had me file a digital signature. That was it.
He royally screwed himself. Especially if he’s not even on the registry in his home state anymore.
What a shame. Punishment. Period.
Maestro
I can bet when he was released from his home state some Vindictive SOB LE gave him some bullshit advice and now he will again have to register in his home state this is awful to hear about.. poor bastrd just ruined his life again FLORIDAH knew or suppose to know the laws you cant register a person if he is not on a registry in another state OR Is this a memo we missed
Stupidity, Period!
I really have to ask this question why In hell did this guy even bother to go to a sheriffs office to register, if he was already off the registry,,,I want to see legal documentation on this?
im not a member of the club last 15 yrs and i’m still worried about relocating to any state and as far as travel to Floridah fk that its purgatory your writing your own life sentence.
I here in the wind Missouri is pulling the same BS anyone have info on this
“I wanted to tell him “dont do it be because you’ll be on Florida’s for life!” I didnt because I was afraid of being arrested on the spot for interfering.”
Wow Bob, thanks for fighting for us.
“Supervisors got involved, all scratched their heads and the result is that poor guy will be on Florida’s registry for life now.”
And you know this how?
I agree with Jacob. My question is, how do we handle this type of unauthorized/illegal behavior on the part of different sheriff’s offices?
How to handle it?
Read the laws, make sure you understand them. Do it for any jurisdiction that is going to affect your travel, and do it all before you even go into the sheriff’s office.
Just give them the info that the law requires. Don’t ask for clarification from them. 5 out of 10 times they will not know the answer off the top of their head and give you info that suits their own desires. Besides, you should have already researched the clarification for yourself prior to getting there.
Preemptively get the info for yourself, from the source.
I travel quite a bit and here is an anecdote to illustrate:
I went for a trip out of state to my sister’s house. FDLE had informed the sheriff at my destination that I would be traveling to their county. I already knew that I would not be staying long enough to have to register at my destination because I had checked all State, County and City ordinances before I left. A few days into my visit, a law enforcement officer came by to check up on me. He wanted to see if I was where he thought I’d be and advised me that I should go to the station to register there. I informed him that I would be happy to do so if it was required by law for me to do so, but since it was not, I would not be going to register. He bid me a good day and left me alone. No officer has harassed me on any subsequent visit to my sister.
Know the law. It only takes a little time to read up on the statutes, and will only keep you from watching about 1 Netflix movie. Sharknado 4 can wait.
I’m completely with you on this, Scott. I believe that the more confident I appear about my knowledge and my rights when dealing with cops, the less they’ll bother me, mostly because the cops are either without knowledge or trying to scare me with BS. It’s also possible that a good, smart cop, sensing that I’m unsure of all the rules, might exaggerate my responsibilities to help ensure that I have all of my bases covered. The bummer is, should a cop decide to arrest me, in ignorance of some specific law, it will be costly to me (bail, attorneys, etc.), and the arrest can affect my chances some day (just maybe) of being released from the registry. Regardless of the circumstances, the arrest record will reflect me as the bad guy troublemaker and the cop won’t suffer any penalties for his mistakes. Other folks, who aren’t national pariahs, can easier afford to challenge law enforcement when appropriate. Also, getting info ahead of time, “from the source”, can be a bit risky, since many of those sources are confused about or unaware of the facts.
Heyas, RayO. Yes, the ‘sources’ you are referring to can be confused about or be unaware of the facts.
When I said ‘source,’ I should have maybe been more explicit. I am referring to the statutes themselves, not to any person.
Read the statutes. Understand them.
Scott… Great Advice! Every state is different! When I took a flight back from Asia last February, I flew from Japan, where I grew up, and am still allowed to visit, even though I am an U.S. Citizen, and a RSO, to Hawaii. I went down to the State’s registration office, across from Iolani Palace, and told them that I would only be staying a week. The Agent in Charge came out and spoke to me, and extended his hand, and assured me, as we were shaking hands, that I did not have to come in, but to call him when I was leaving. I called him on that day asking if I could wait for the next Monday to leave, and he said yes, and that he personally would allow me the extra three days without the need to register! From there, I flew to Los Angeles, where, again, I was told that they would not require me to register due to my flight to Hong Kong on April 1st. All of my experience with California and Hawaii was refreshing, and unexpected!
You do realize Mr Yadayad that law enforcement can and will lie LEGALLY. Maybe your trip(s) were according to the laws IDK, but you, YOU, had better make 100%.
I verified through my attorney two months into my stay in Hong Kong!
I specifically requested to talk to the person in charge in both Hawai’i and Los Angeles!
Florida thinks that it is in charge of the world’s sex offender registry…just ask them.
While we are on this subject, I’d like to ask a question.
The law in Florida says that you must register interstate travel only if you are planning to establish residence outside of the state. We all know that “residence” means 3 or more days cumulatively, at the same address.
So what if a registrant travels outside the state and stays at motel A for 2 days, then moves to motel B for 2 more days, etc?
Also, although I see that federal sorna says that you must register interstate travel, I can find no specific federal statute. I take it to mean that you must register interstate travel any time that your state (and the destination state) require it. I also understand that, as long as one doesn’t violate either state requirement, there is no federal violation.
So, take this scenario: A registrant in Florida drives to Georgia and stays at a hotel for 2 nights. Then the registrant returns home on the third day.
There was no transient, temporary or permanent residence established (because the registrant had never traveled to that address within that same year), so Florida did not need to be notified. And Georgia law was not violated because Georgia says one must be in the state 72 hours before one must register.
Am I correct?
Thank you
Can anyone answer my question?
Does federal law only kick in if you violate a state registration?
So, if I travel from state to state but do not violate any particular state’s registry law, then federal has no jurisdiction?
Am I correct? … … …. Anyone?
Incorrect. There are federal laws separate and aside from State laws.
Thank you. But which federal statutes specifically? Can you provide me with article and statute number so I can read them?
Thanks!
No registration is triggered by this scenario, to the best of my knowledge.
And in Georgia, it’s true that ppl have 72 hrs to register, IF they’re required to register— just being in the state 72 hours may not be sufficient to trigger that requirement.
You’re correct
JJJJ – I’m with you on this. These timelines are not specific and IMHO the way I interpret them is anytime you leave the state for any reason the clock resets.
I’m in a weird scenario where I am a pilot and own my own airplane. I could fly to the Keys, stay for two days, fly to GA have lunch, buy some gas for the plane, take a few pictures to prove I was there and fly back. The way I am reading the laws I’ve reset the clock on my time and can spend the next two days in the keys again.
Plus, some of these laws are based on a calendar year. So, what’s to stop me from flying to Hawaii (where it’s 10 days before I have to register) on the 21st of December and staying until the 10th of January. “Technically” I haven’t broken the law because I’ve only spent ten days per calendar year in the state – it’s just that it happened to be on this magical timeline we setup that I was able to stay there 20 days in a row.
Because – you know, I’m going to wait until the TWENTY FIRST day to do “reoffend”.
I’m just at a loss for the idiocy of these laws. They prevent nothing….
But Brian, what Florida statute says is that if you stay at any address for 3 or more days, cumulatively, during the course of one year, then you have established temporary, transient or permanent residence at that address. The statute says that any sex offender or predator who intends to establish one of these residences, must report within 48 hours of travel.
775.21
A sexual 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 predator 21 days before the departure date must be reported to the sheriff’s office as soon as possible before departure. The sexual predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual 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. The sheriff shall promptly provide to the department the information received from the sexual predator. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual predator’s intended residence. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in subsection (10).
943.0435
(7) A sexual offender 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 shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender 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. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual offender’s intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9).
(8) A sexual offender who indicates his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of permanent, temporary, or transient residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
But what is/are the federal statute(s)? Where can I read these myself?
I understood that federal law was only violated IF when a state charged failure to register.
Thanks
Let me see if I got this straight. If I travel to Virginia Beach to visit a friend for a day or two and to put flowers on my wife’s grave, I do not have to check out with the sheriff’s SORT team…I would be returning to my home in Florida and I am not on probation.
Capt Munsey, my understanding is that one must only register travel with the state of Florida if one is traveling with the intention of establishing a transient, temporary, or permanent residence in another place other than where they live presently. This would include intrastate and Interstate. the rules for international travel are different. All international travel must be reported.
from what I can gather, federal law says that if you violate by failing to register with one or more States when you have the duty to register, you have now violated federal law as well as the state’s law.
So, as I understand it, here in Florida, one may leave the state and not have to report the travel as long as one does not stay for more than 3 days cumulatively in anyone address during the course of a year. Also, you must respect the laws of the state to which you’re going. If that’s state says that within 24 hours you must register, then you must register in that state if you were going to stay longer than 48 hours. as far as I can see from my research, federal law is only violated if you violate a States registry laws.
I may be wrong about this. I may be misunderstanding the federal statute and the state statutes. I would welcome anyone who can post statute numbers to tell me that I am wrong. I am after the truth, after all. I don’t want to get into trouble.
thank you in advance to anyone who can clarify this matter.
You know what, after reading all these ideas and opinions I have come to two conclusions.
#1 No one even the lawyers, law enforcement or the judges really understand all these confusing laws and sub-sections of statues.
#2 Maybe this was done on purpose which leads to so many of us being arrested for petty bull crap that a non Registered person would never be subject to. In addition us then ever being able to appeal to get off registry.
Law enforcement is under the department of justice but when you LIE to keep people from becoming a productive citizen, you are worse than the people you put away.
I saw so much corruption when I worked in law enforcement I use to go home with a headache and a stomach ache. A job I was suppose to love, to serve and protect turned into a nightmare of secrets and cover ups that I could write a book about if I didn’t think I would end up under a bed of concrete for writing.
Write it under an alias.
Yeah. Maybe once I am off the registry. I published something while locked up and it got made into a movie but I never got an credit, money or anything.
I tried to hire a lawyer but she basically told me the actor who made the movie would run you out of money in court before you even left your house.
She wanted $50,000.00 just to take my case and to prove she was honest, she said, I think you are better off going to the press and fighting it in the news for free.
That would be a novel idea if I wasn’t on the registry. It is a catch 22. I do not want to bring more exposure to my family. I have caused them enough pain as it is. When I got arrested, my Mother had a nervous breakdown. When I got sentenced she died “Inside”. She is ok now but know she still has a piece of her missing because of what I put her through some 30 years ago.
Of course that was so many decades ago, even if I got off the registry it would probably be too late to pursue it. That sort of took the air out of my writing. Kick me while I am down then spit on me and throw dog poop on me for good measure.
I will move on and forward. Most of the people including myself on the registry actually did do something. I was given a close to illegal sentence, way out of the guidelines and so many add on extra false charges were added so if I went to trial they would have barging chips.
Since I did not go to trial, the judge sentenced me to the max on all charges. I tried to withdraw my plea but the judge denied all my requests and when I went for a reconsideration she berated my attorney so harshly for “Even daring to come back into her courtroom” that he left in tears.
It would take a new judge and some 9 years later “With the same lawyer and $1000.00” to get the remainder of my sentence thrown out. I missed not having to register by 43 days. Accusations were from 1991.
I am on the registry for an offense in Virginia 20 years ago. I moved to Florida to help my parents…my father was in ill health. I am now on the Florida registry for life and am no longer on the Virginia registry. Virginia released me from probation 11 years early. The situation has been long ago resolved with the person involved, but in Florida nothing is ever resolved because keeping situations unresolved means $$$ and politicians are attracted to $$$. We used to say that once a politician gets his or her hand in your pocket the only way to get it out is amputation. Florida is a great state to live in. Too bad it has bureaucrat politicians.
The laws are so confused so that each of these little LE fiefdoms can make up there own rules and no one including their supervisors or lawyers can sort it out. We just have to take a stand and take our chances.
https://www.flsenate.gov/Laws/Statutes/2018/775.21
(2) DEFINITIONS.—As used in this section, the term:
(k) “Permanent residence” means a place where the person abides, lodges, or resides for 3 or more consecutive days.
(n) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 3 or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.
(o) “Transient residence” means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
The Gov’ment failed in its war on poverty, failed in its war on drugs, now let’s watch it fail on this act of stupidity. How is anyone on vacation, staying at a hotel/motel more than three days going to add or subtract from the security of anyone? When was the last time I moved my household goods to a motel for a three day stay? Residence…BS. This is another ‘see, I did something to show I care’ act by politicians desperate to try to justify their salary. They are just making fools of themselves. This is why elected politicians should have to pass a common sense test before being sworn in. Many would fail.
You are 100% Correct !!. Once I finally found this out, I travel all the time !. Never had/have an issues from other states !. And I Camp alot in Western States, Have frequent contact with Law Enforcement when they check us out when they find us camping in the Forests throughout the Country..
From my own experience, YOU ARE CORRECT!
We travel a lot. Speaking from my own experiences, I am required to register my trip with the VCSO and give them all pertinent info as to the Dates, address(s) where I will be staying and what dates at each, if there are multiple locations. I have never been asked for flights or flight times. Detective Lee is a very good source for information. I will be sorry to see him go. He is very fair.
I have never been instructed to contact any registration office anywhere else either. The safest bet for your destination, is to call the County Sheriffs office where you are going and get the information from them prior to your departure date. “ALWAYS” get a name of who you talked to. After you register anywhere, always get a copy of anything you signed while there.
Not exactly sure how you would report the rental car info, because you won’t know that until you arrive at your destination.
I hope this helps a little. There is no easy answer to the confused state of the registry. Good luck with your travels.
#1 reason I have stopped traveling. Even when I was on probation I traveled once a year internationally and all I had to do at the time was let my Probation officer know and then call her when I returned. She never had a problem with it other than asking if I was traveling with any minors which was always no.
I was never questioned leaving the country but returning, even back then was a living nightmare. The TSA had just been form and the 9/11 attacks were still fresh in their minds and they were not playing around.
I had to go into a room and get naked and have body cavity search, all my luggage was thrown against a wall or something as it was always damaged and always had a to make a claim and always got new luggage. I always missed my connecting flight so eventually I started getting connecting flights that were no less than 3 hours apart and sometimes that was not even enough. One time I had missed my flight but when I went to see what to do, the entire flight was delayed so I still made it.
Now with all these new confusing rules and stopping people at borders and turning you away, no way. Plus I have not worked since 2014 so I can barely afford to get to the Bureau of Registry compliance a few times a year, let alone travel anywhere.
I wonder how often the TSA/Customs is performing cavity searches nowadays. I’ve heard that they can hold you up long enough to miss connecting flights just because you end up at the end of a long line of suspects to interview. Did it happen to you every time? About how many times, if you don’t mind sharing?
At least 15 times. 14 of the times the TSA agents were total duche bags and treated me like a terrorist.
ONE of the 15 times, I had a very professional TSA fellow who treated me with respect, opened my luggage carefully, casually thumbed through it, gave everything back to me, handed me my I.D and said ” Don’t want you to miss your flight, have a safe trip sir”. I thought I was on candid camera.