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.
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.
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.
Good news
See NARSOL post Brian Hope V Commissioner Indiana.
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.
“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.
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?
No matter how they reword it, it is still ridiculous. In my world a permanent resident is one in which of all my possessions are moved from one location to another with intent of residing with those possessions. I grew up in a Navy family and spent 29 years in the Navy so I think I have a pretty good handle on what a permanent residence is. I am off of probation so I live my life abiding with ‘real laws’, not this phony RSO B.S.
Captain….
Have ‘They’ Re-Defined the Word ‘Permanent’ in the Statutory Language, OR, have they just stated the word, ‘Permanent’ in the Statute…
The Word Permanent is an adjective in The English Language….it means, “lasting or intended to last or remain unchanged indefinitely”….
I am confused here!
The fools in Tallahassee don’t have a clue as what they are doing. They just want to make the public think that they are earning their paycheck. Don’t expect to get anything commonsensical out of them. They are too worried about tripping over their own feet.
If they want me to keep a log on my time away from home, I’ll do that. I only charge $350 an hour for record keeping. Otherwise they can JUMA!
Uh, oh …. The revised statute would now require reporting “… all changes to vehicles owned”. I guess I’ll have to make sure to update the website whenever I get new tires, an oil change, a car wash, etc. I wish I felt comfortable putting an “LOL” here at the end of my comment.
RayO
Yes now you can’t say I didn’t update because they weren’t open. Now if you change vehicles or borrow one or anything they can arrest you and you don’t have any excuses . Just more overreaching and control of your lives and making it simpler for the communist state to punish without accountability. Not good!,,,
The statute has, for several years now, required reporting any changes to all “vehicles owned,” which is a term specifically defined in the law, within 48 hours. That means adding or deleting a vehicle one has access to, not changing the tires (although changing the color would qualify). Currently, this reporting must be done in person. Allowing us to report it online would alleviate some of the burden and would also be helpful because we could see, and take screenshots of, all of our vehicles owned to ensure that the information is and stays accurate.
I guess a PFR wouldn’t want to buy a car too late on a Friday or early Saturday. 48 hours?! What kind of moron thinks 48 hours would be any significant difference from 7 days? I mean, really? How big of an idiot does a person have to be to fantasize that would matter?
I would make the criminal regime a promise that if I ever committed a crime where a vehicle is involved, that it will never involve any vehicle that I have told them about.
I also don’t understand why PFRs care that the criminal regime keeps this information accurate. The only thing that matters is that you have given them accurate information and have proof. After that, who cares? I think it is hilarious that they can’t manage a simple database. Big government attracts incompetent people. Those are the only people who would want to work on the Hit Lists. Normal, moral people would run from such harassing nonsense.
What kind of moron thinks 48 hours would be any significant difference from 7 days? I mean, really? How big of an idiot does a person have to be to fantasize that would matter?
The same mindset that believes any of this will stop a person from committing a crime should that be their intention to begin with…
Everyone knows that mortgage and rent payments are not as much for ex-felons as they are for ‘normal’ people, therefore, ex-felons don’t need to make so much money…tongue in cheek.
I read this to mean that people on probation are exempted because it is a sanction of their conviction. That seems to be what the appellate court ruled recently. See https://www.wctv.tv/2021/01/26/senator-looks-to-close-sexual-offender-registration-loophole/
Am I correct? Asking for a friend
Thank you, FAC
So if we visit a state which doesn’t require you to register for stays under 3 days, we still have to report that address in person in Floriduh?
unfortunately
Floriduh is a criminal regime. Big news, I know.
It is illegal that they require residents to tell them if they have traveled out of the state. It serves zero public safety purpose. The lie and supposed purpose of the Hit Lists is to notify people that are around PFRs, of their existence. That is done by telling them where you live. The “neighbors” (and criminal regime) have no need, and certainly no right, to know when the dangerous person is NOT there. No legitimate reason to know.
I just really hope that people work extra hard these days to help ensure that the Hit Lists are completely worthless and worse. I know I am. The more the criminal regimes try to harass me, the bigger the negative consequences for them.
@Will Allen: Makes you wonder if it’s a violation of the Right to Travel/Privileges and Immunities Clause.
Doesn’t make me wonder 🙂
But, I don’t give an F what they call it a violation of or “constitutional” or “unconstitutional”. It is unacceptable. That’s the end of it. Just like the Hit Lists themselves. I’m going to ensure the Hit Lists are not just worthless, but a lot worse. There must be chaos, destruction, and hate. Must. The Hit Lists can’t exist without consequences.
OK, we need some clarity here, how about the committee on legal issues at FAC or an attorney that is associated with FAC getting some information out.
I support FAC for this reason to be informed and support the law suites.
I am thankful for what is good happening in other states, but it’s FL that truly I am interested it, It is Florida Action Committee.
This stuff that affects our ability to live and move about is important.
Along with the best interpretation of the proposed amendment that you can give, what can we do to help?
Thanks
Sailtime
I will try to do a more comprehensive legal update soon.
Thanks, do appreciate all you do, it’s a lot to handle
Surely something must be able to be done regarding the travel restrictions. At least within the US.
This is no less confusing.
Let’s say I arrive Monday at 3pm to a hotel. I cheack out 11am on a Thursday. That’s less than 72 hours.
So… when does the counter start? 12:01am Tuesday morning or 3pm Tuesday afternoon?
But then, they count any part of a day, then theoretically, a stay of only 24 hours 2 minutes could seemingly count ifthe count starts at 11:59 pm on a Tuesday and I leave at 12:01 am Thursday morning.
I didn’t even have to look at who wrote the bill to know which idiot compiled this nonsense.
@Derick Logue: Even worse: Does the clock start and stop when you leave your house and end when you return? What if I left from work? What if I returned and then visited someone or went out to eat when I arrived? How would anyone even know of my timeframe if I left my phone at home and purchased nothing in that span? How would travel even be proven?
It’s not confusing, is it? I’m not going to bother to read it but if it matches what people have said below, it seems very clear. Further, if the current law is unclear, surely it would not have been difficult to get an interpretation and everyone go with that (FAC did get an interpretation, right?).
The Hit Lists are wholly unacceptable, but this “day” thing seems trivial. Most PFRs are not as dumb as the criminal legislators.
I travel a lot as a contractor in my own business since I cant find another well paying job while carrying the stigma of sex offender. As I travel, I stay only one night at each hotel even though I may be gone from home for a week at a time. Yep, its a hassle and extra expense. But on the other hand, I’m well within the law and don’t worry about the registry in this regard.
@Traveler Jimbo: How is that within the law when you’re only allowed 3 days per year not sleeping in your own bed?
Ben, that’s not what the law say. There is nothing in the law that requires only 3 days per year not sleeping in your own bed, as you put it. The law does require registration IF any only IF I stay at the same address (ie a hotel) for more than 3 days in the aggregate. Knowledge in law helps us all.
I try not to bring this up because the minute Senator Crook realizes this, she’ll change the law to make it 3 days in a year, like Illinois does.
If it’s 3 days in a year it’s still registrable as “temporary” residence.
Didn’t I read somewhere that laws – particularly criminal laws – cannot be ambiguous and are to be construed against the state if they are? Seems like this clarifying proposal certainly qualifies…
Good point Dustin. FAC can delete my posts if they have a concern about your point. But I’m sure the Crooks already know about this since they are the ones writing the laws.
Adults acting like Overgrown children in suits. It’s pathetic.
“The first day the person isn’t dangerous, but after 3 days they’re too dangerous and must register so that WE can believe that we are somehow safer”.
Imbeciles.
We need more lawsuits to donate money to.