On March 25, 2024, Federal District Judge Robert L. Hinkle, of the Northern District of Florida, ruled that the requirement under Section 943.0435(4)(a) that people registered as sex offenders report in-person travel within the state of Florida to the FDHSMV violates substantive due process, and is thus unconstitutional. His order declared that this requirement is irrational and very burdensome for registrants. His order makes clear that the requirement under Section 943.0435(4)(a) to make an in-person report within 48 hours to the FDHSMV applies only to a change of home address (where one lives), and not to a temporary in-state residence. For in-state temporary residences, instead of going in-person to the DHSMV, people registered as sex offenders must report only to the sheriff’s office. Furthermore, they will be able to do so online, not in person. The order directed FDLE to make online access for in-state travel reporting available within 60 days.

         It is unclear from the order if in-state travel reporting is required, not only after establishing the temporary residence, but also upon return from the temporary residence. We will seek clarification of this point.

Please be aware that the order does NOT change the requirement under Section 943.0435(7) that registrants report in-person at least 48 hours before establishing an out-of-state residence. Judge Hinkle’s order makes clear that out-of-state travel is governed only by subsection (7) of Section 943.0435, and not subsection (4)(a). Because subsection 7 is silent about reporting upon return from out-of-state travel, it appears that return reporting from out-of-state is not required.


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