- The changes in HB 1235 apply to ALL people on the registry, whether they are forced to register as a sex offender or sexual predator.
- For the purpose of calculating a temporary residence, the first day that a person abides, lodges, or resides at a place is excluded (meaning the first day of your in-state travel does NOT count) and each subsequent day is counted. A DAY NOW INCLUDES ANY PART OF A CALENDAR DAY.
- Example: What if you are in your sister’s wedding which involves being at a temporary residence for Friday, Saturday, and Sunday nights? Since Friday is the first day, it would not count, but you would technically have to leave before 12:00 a.m. on Monday as any part of Monday would count as a “day.” So, if you leave at 8 a.m. Monday (or any time after 12:00 a.m. on Monday), the statute kicks in requiring you to register your temporary residence with the local registration office and at your home-county registration office, both within 48 hours. (Because of the Harper v. Glass Order, hopefully people will be able to report these in-state temporary residences online, but only for PFRs as sex offenders, not as sexual predators.)
- A PFR 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 AT LEAST 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. (The old wording was “within 48 hours”.) Any travel that is not known by the PFR 48 hours before he or she intends to establish a residence in another state or jurisdiction must be reported to the sheriff’s office as soon as possible before departure.
- Any duration of travel outside the USA is reportable meaning ALL travel outside the USA must be reported. The previous requirement only involved international travel of 5 days or more, but that has been removed from the statutes. Travel outside of the United States continues to require notifying the sheriff’s office at least 21 days before the date you intend to travel outside the United States. If the travel outside the United States is not known by the PFR at least 21 days before the departure date, then he or she must report it to the sheriff’s office as soon as possible before departure.
- Beginning October 1, 2024, PFR’s will be able to report online (within 48 hours) any changes to their “vehicles owned.”
PLEASE REMEMBER THAT FLORIDA ACTION COMMITTEE IS NOT A LAW FIRM AND SHOULD NOT TAKE THE PLACE OF AN ATTORNEY IN INTERPRETING COURT ORDERS AND STATUTES.
In an effort to alleviate some of the confusion surrounding HB 1235, here is a link to the final summary analysis of the bill:
https://www.flsenate.gov/Session/Bill/2024/1235/Analyses/h1235z1.CRJ.PDF
Read page 1, then start reading at “Effect of the Bill,” mid-way down on page 7, stop mid-way down on page 9, just before “II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT.”
Because of the vague new removal language in this bill affecting out-of-staters’ ability to file for removal, people are wanting to know how this bill will affect those not living in Florida. Any time there is vagueness in a state law, no one can say for sure how the courts will interpret it. Our opinion follows:
For those who would not otherwise be required to register in Florida, there should be no change. For those whose out-of-state offense is comparable to a Florida offense, this bill possibly could change things for them. Only time will tell.
Sooooooooooooo, seems im confused too! (Doesnt take much) I was out of state for my issues (federal) only probation, off paper for 20plus years released from my need to register there ( was level 0 then level 1 due to change there in NY but NEVER published)
Got taken in on a FTR but had a plane ticket home for that very next morning. The CORRECTIONS captain literally put me on the list that very night in the center when i got there. (Always troubled me) The whole case was set to no information a while later, but guess it was too late. Figured i might as well stay in fl since i was ruined by this. 20 years no issues until i get to floridA. Never saw a judge or anything on that ftr thing. They just did not press charges nor did i even get an indictment. How do i even fit in. Really just stuck here and guess because of the FTR even though they did not pursue, guess i cant get off list here but already off on my
Home state….. how does that make sense……
@Whyme
Do not feel to bad, there are dead people still on the registry in Florida. How does an expired person pose a threat to anyone? Well the answer is easy, #1 they don’t but #2, the state gets funding for each person on the registry so you can guess why dead people are still on the list.
Also, every time we get a victory, the state of Florida fires back at us. We won the removal from registry at 20 years case, then the Governor signed new laws making it harder to get removed. Lots of things I would really like to say about that but FAC would ban me from here for life.
A cop literally input me on the list when i got taken in. Is that even a thing? Never got a day in court but they dropped everything but kept me on. I do t get it…. dont even understand the due process here. Oh well
@Whyme
You do not understand the due process because apparently, there is no due process. Most of the time the powers that be do what they want, and it is up to us to challenge them.
For every win we gain, we seem to backslide with new laws, rules, regulations, legislation, ordinances and anything else they can throw at us and keep us down. I think dogs get treated better than us. (No disrespect to dogs)
Wasn t a judge, no order issued it was the actual corrections cop? Just doesnt feel right.
Sorry folks, I still don’t understand the reporting requirements for out-of-state travel. If I fly into Chicago for a two night stay, do I have to tell me local Sheriff’s Office in Florida about that short trip?
Two-night stays are generally not considered long enough to be considered residences as defined in the statute. It must be three or more days.
So, I could travel the country while only staying 2 nights in separate hotels and wouldn’t have to register anywhere?
A small number of states (including Alaska and Utah) require registering if you are there for any amount of time, but most states require at least 3 days and many require substantially more, such as Maryland and Virginia, which both require 14 consecutive days or 30 or more days in a calendar year.
Also, if you are still subject to the requirements of Federal SORNA, you may have an independent duty to register certain information related to interstate travel separate and apart from the requirements of any U.S. state or territory.
Here is the actual House bill from the state of Florida final documents but even on it I cannot find what was deleted and what remained.
https://www.flsenate.gov/Session/Bill/2024/1235/?Tab=BillHistory
I thought that all states have there own laws. I was told floridas laws is for Florida only how can they involve other states?
Does this mean we should register our local Sheriff’s Office since many of us must be there at least 3 times per year to register? We are there for any part of a day, and they have a record of our presence!
They have confused the law even more, IMHO. If I go to my sister’s wedding (as in the example) and arrive on Friday, that first day is excluded in the calculation. But if I leave at the stroke of midnight on Monday (as in the example) and go somewhere else, I wouldn’t have to register? What if I return at the stroke of midnight on Tuesday? Does a new clock then begin? The law appears to say it does.
This is an issue that we plan on discussing with FDLE and legislators this year, including the sponsor of HB 1235.
What about if you leave at 6 AM, or any time before the Sheriff’s office opens that day? Or if the Sheriff’s office isn’t open that Monday for, say, a federal holiday? Or if the officer there called in sick that morning? Or if you couldn’t get an appointment in the larger counties that require them?
Also, if vehicles can now be updated online, then why can’t all registration updates be done online? Why exactly is it so critical that these things be done in person? Seems that the sole purpose of in-person registration is to increase the likelihood of FTR. Not to mention simple inconvenience.
According to the bill’s sponsor, if you were to leave at 6 a.m. on Monday morning, the requirement to register has now kicked in and you would have to do so. Concerning the sheriff’s office being closed, this type of thing is a problem in all the statutes that apply to PFR’s. When a legislator is presented with issues such as what you are acquiring about, they have no answer and vote yea on the bill anyway. I would like to see some of them have to follow some of the laws they have passed.
Reporting changes and re-registration is done in person because the statutes say it must be done in person.
Has DeSantis signed this bill into law?
Yes he has.
How would this Bill apply to out of state residents who go to Florida for a vacation?
This is also my concern. I haven’t visited my mother in years.
It appears to be the same as for in-state residents, but we are not attorneys. Even attorneys have difficulty interpreting the statutes.
I recently did my biyearly in alachua county. The new person at the registry office admitted she has received no training for her new position, yet she said there were several things I had to register that are not in the current administrative policies. Such as an RV my wife owns. It is not my primary residence, and is not a vehicle. It just amazes me how someone can be put in a position that puts your future in their hands without a care in the world. There should be some type of requirement that states if you are enforcing the law or “ordinance” you should know what it says. That’s their job, if I didn’t know my job I would get fired.
My nephew lives in NY and kept his boat here to avoid pulling it back and forth for vacation time. Because it was here on my property I had to make sure it was registered with the Sheriff’s department. It’s been at least 18 months to 2 years since I had to do it but when here it was required. According to the SORT office the boat and trailer had to be registered separately.
Humorous thing about it was that there was no plate on the trailer (it was a NY plate and had been lost on of the trips to the boat ramp here) and no serial number either. The boat was registered with all the required information but the trailer had to be registered as “gray boat trailer”…. 🤣
I have a friend who just got out of Jail for not registering an RV. If your wife owns it and it’s on your property. I would add it.
We have a new sheriff and a new head of registration now. Everything is changing and not for the better here.
The next election for sheriff in our county will be this year.
So if I go to Publix I’m registering that address?
According to Representative Baker, sponsor of HB 1235, no, you would not.
It seems suspect. I used to spend time working with 12 step programs. I would attend multiple meetings in a day. I don’t know if I trust law enforcement in Florida to not arrest me because I failed to register a meeting place with them. I especially wouldn’t trust Volusia or Flagler County Sheriffs.
I understand.
I did not see the part where they stated it will also make it harder to be removed from the registry. Where is that part?
It is gone.
Anyone looked at the signed bill to see whether they deleted the offending language regarding removal?
And/or, has anyone asked Ron Kleiner whether HB 1235 has affected the law on removal?
I recently registered in Hillsborough County and asked about the change of vehicle online. They told me that part of the petition was denied.
Hopefully someone will let them know otherwise.
They don’t know what they’re talking about. It was passed in the bill. FDLE has until October 1, 2024 to get the online reporting of “vehicles owned” operational. I’m sure that most sheriff’s office employees don’t closely follow the Florida legislative process.