Senate Bill proposes to define “day” and make other changes.
Recent amendments to Senate Bill 234 have been filed, including the following language, presumably in response to the Ex Post Facto Plus lawsuit, which argued that the definition of “Day” was vague.
In calculating days for “permanent residence,” the first day a person abides, lodges, or resides at a place is excluded. Each day following the first day is counted. A day includes any part of a calendar day.
The proposed amendment would also allow vehicle registration to be done online.
See https://www.flsenate.gov/Session/Bill/2021/234/Amendment/954436/PDF for the amended language and stay tuned for a more comprehensive update.
Thanks to member JZ, volunteer for our Legislative Committee, for bringing this change to our attention.
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Registration when the office is closed – and/or you don’t have a phone …
Days – For registration purposes, does it provide for NOT counting the days when the Sheriff’s office is closed (weekends, holidays, or other reasons)?
I’ve seen posted on their office door a list of addresses and phone numbers for other counties that are open on the weekend. If you leave the county to drive there (without a probation travel order), it’s a violation. If you’re on foot. If you don’t have a phone. Then what?
“A day includes any part of a calendar day.” So, if I have a hotel room for Friday where check in is at 4pm and that continues to Saturday when checkout is at noon, any minute past noon is counted as the first day?
I read it as any time after 12 am Saturday morning would count as a day. So if you had to suddenly leave the hotel at 12:01, then you have resided there for exactly one day.
Your Friday would not count as a day, but the 1 minute into Saturday morning would count. So if you plan on staying through 12:01 am Monday morning then you had better have registered sometime Sunday, which of course is absurd as no registration office is open on Sunday.
I think this is all still confusing. They need to come up with the different types of scenarios that could come up, plus give us concrete examples to follow.
We have FAC members who could come together and do a better job of making the language less ambiguous.
We have FAC members who could come together and do a better job of making the language less ambiguous.
Less ambiguous? Ok then… Another civil law passed by legislation based upon politics and emotion rather than facts that comes with a criminal penalty placed on anyone with a conviction for anything that is considered a sex offense at any point in their life who decides to stay at any 1 address within the State for greater than 2 actual days within a calendar year and doesn’t report the information.
Simplified –
Does this help any?
” the first day a person abides, lodges, or resides at a place is
excluded. Each day following the first day is counted. A day
includes any part of a calendar day.”
Before this change, FDLE had interpreted “a day” as “a full day”. That previous interpretation meant we could arrive at our destination on a Monday and leave on a Thursday since neither Monday or Thursday counted towards the 3 day rule. Now we must leave our destination on a Wednesday.
Allowing information regarding “vehicles owned” (which as we all know includes lots of vehicles we don’t own) to be reported/updated online would be a huge help. This is a very tiny step in the right direction, but at least it’s a start. Of course, I’m sure the reason for this has to do more with the convenience of local sheriff’s offices than our own convenience, but we should take small victories whenever we can get them.
Careful, they mite be looking to trip people up, one letter or one number off and off to jail we go for providing false information.
Good news
See NARSOL post Brian Hope V Commissioner Indiana.
Seems that the legislators are realizing the depth of legal water in which they have entered and are now treading to keep their laws alive.
This 3 day per calendar year crap should just be stricken altogether. Post supervision restrictions as well. Zero impact on public safety, this travel mandate does nothing but tighten the thumbscrews of the state sanctioned shaming program that is post conviction punishment. F the effen effrs.