Results of Harper v. Glass Order beginning October 1, 2024
This order addresses only the reporting requirements of those forced to register as a sex offender, NOT sexual predators. There is NO change to current operations as they pertain to a person with the label of predator forced upon them.
FDLE interprets the order to mean:
- Persons forced to register (PFRs) as sex offenders no longer report to the DHSMV (Department of Florida Highway Safety and Motorized Vehicles or DMV) unless the address change mandates the reissue of a new driver license/identification card bearing the new address. According to existing Florida law, all persons must update their driver license within 30 days of establishing a new residence, which would also apply to PFRs. So, stays at a temporary residence away from your permanent residence no longer must be reported to the DHSMV but only to your local sheriff’s registration office, as long as the temporary residence is for 29 days or less.
- PFRs will be permitted to use online communications to report in-state travel to the sheriff’s office. They are no longer required to report in-state travel in person. Out-of-state travel must still be reported in person to your registration office.
- Beginning October 1, 2024, PFRs can now notify their county registration office via email that they intend to travel elsewhere within the state for a period of between 3 and 29 days, inclusive.
FDLE states that this order in no way alters:
- The requirement for PFRs to report in-state changes of a permanent, temporary, or transient residence.
- The requirement of PFRs to secure or update a driver license or identification card within 48 hours after any change to their home address or a place they habitually live.
- Registration requirements pertaining to out-of-state travel.
- Registration requirements of out-of-state PFRs entering Florida.
- Any other in-person reporting requirements for PFRs.
- Registration requirements of PFRs registering pursuant to s. 775.21, F.S.
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.
A reminder that, per statute, neither in-state nor out-of-state travel needs to be reported to law enforcement at all (via web or in person), unless you are planning to establish a “residence”, as defined by the 943 statute. And another reminder that, if an officer doesn’t know or care about the statute, you could still be arrested and have to fight things out in court. I am NOT a lawyer.
Once again with October 1st fast approaching we really need clarification on Church services, Gas Stations, Grocery Stores, Sport Events, Friends and Families for visits (not over night stays), Gyms, Places of Employment, Restaurants, Target, Etc. I know I keep asking this but this is the tricky part of this. No where that I can see is any of the above addressed. Now logic says that going to any of the above does not constitute a “Residence” but we know that logic does not come into play.
Not sure why legislatures just can not use plain language. IE “Permanant, Temporary, and Transient Residence means any address that a PFR sleeps over night intends to sleep overnight or may sleep overnight.
The first day of arrival does not count. So the PFR has Day 2 and Day 3 to stay without triggering registration. However if the PFR stays past midnight on Day 3 going into Day 4 then registration would be required”
“For example if a PFR travels to Key Largo and arrives Friday at 8 am Friday does not count as a “day”. If the PFR stays Friday night and Staturday night no issues. For Sunday, they have until 11:59 Pm to leave. Should the PFR leave at 12:01 Am on Monday Registration is triggered.”
Can we pose the above to the creaters of the Bill and FDLE for Clarification before September 1st 2024.
tearfuleagle’s question I think refers to HB1235.
A residence, as FAC has pointed out in the HB1235 topic, is defined as a place where one abides, lodges, or resides.
That would tend to exclude places such as church services, gas stations, grocery stores, sport events, daytime visits, gyms, restaurants, and Target, among others.
A more expansive bill, appearing to define residence more broadly, was introduced several legislative seasons ago and, thanks partly to our efforts, defeated.
If any registration office instructs someone to register any of the above as a residence, we would definitely like to know the details.
J toatly understand what you are saying I just wish we had in writing from fdle and or the people who wrote that bill that we do not have to report those above mentioned places. I know I know perfect world scenario lol
Why is FAC stating that the Harper v. Glass Order goes into effect on October 1st?
The order was signed on March 25th requiring FDLE to make online access for in-state travel reporting available within 60 days. That would make it effective on May 24th or 25th.
Please clarify.