Update on the New “3-Day Temp Residence” Requirement for Sex Offenders visiting Florida

Dear Members and Advocates,

Last week, two members from FAC’s Board of Directors traveled to Independence, Ohio to attend the NARSOL Annual Conference. For those who are not familiar, NARSOL stands for National Association for Rational Sexual Offense Laws.  FAC is the Florida state affiliate for NARSOL.

Going to these conferences is always a huge benefit for all of us. We attend presentations from attorneys litigating sex offender challenges across the country to learn what’s working (and what’s not) in other states and federally. It is an opportunity to network with advocates from other state affiliate organizations, to exchange ideas and identify areas for collaboration. We also have the opportunity to do some promoting of FAC, expanding our reach and soliciting help where we need it.

This years’ conference included some sessions that were unexpected and we hadn’t seen in years’ prior. There was a session with Ohio Senators John Eklund and Mike Skindell, to talk about what they consider when passing laws. There was one with lobbyist Connie Nolder who discussed effective lobbying techniques. One of the highlights of the conference was an apology from Former Ohio Attorney General, Marc Dann, for passing the Adam Walsh Act in his State. More than a decade after it was passed (and after he’s no longer in office), he’s able to admit that it’s a horrible piece of legislation. The fact that this conference, for the first time, was attended by legislators is indicative that our cause is beginning to get political attention.

Still, the best part of the conference was hearing from the attorneys who are fighting our cause in the courts. Learning the winning points from successful challenges and hearing about all the other challenges that are in the works, is extremely motivating and offers a lot of hope. In the coming days we plan to re-post some of the videos from the conference so that you can watch them for yourself.

Locally, there has been A LOT of confusion over the change in definition of residence (from 5 to 3 days) that will come into effect on July 1, 2018. We will do our best to explain below.

When travelling within the United States (whether in Florida or outside of Florida), if you establish a permanent, temporary or transient residence for 3 or more days, you are required to report it. Previously the law was 5 days, which offered a lot more flexibility. If you are travelling within Florida, and are already on the Florida registry, you report the change at the DHSVM (driver’s license office). If you are travelling to another state or are visiting Florida and not already on the Florida registry, you report to the County registration office.

If you leave the state (or stay in Florida) and do not establish a permanent, temporary or transient residence (defined as staying in the same place for 3 or more days in the aggregate during a calendar year), you DO NOT need to report anything.

For example; if you stay over at your girlfriend’s house for one night, you don’t have to report. Do that 3 times in a year (even if it’s not 3 nights in a row) and you DO need to report it. The same applies if it’s your girlfriend’s house, your parent’s house or a street corner – the rule is 3 days in the same place, any place. However, If you leave home for three days to spend one night each at your girlfriend’s, your parent’s and a street corner, you DO NOT need to report, because you are not establishing a permanent, temporary or transient residence at any of those places.

If you travel outside the State of Florida for fewer than 3 days, and stay at a place that you’ve not stayed (and will not stay) for 3 days in total during a year, you DO NOT need to report it. But, if you travel outside the United States for any period of time (even 3 minutes), you DO need to report it 21 days in advance.

The above explanation DOES NOT include the requirements of probation. Depending on the terms of your probation, you will likely also have to report to your PO if you leave your jurisdiction for even one minute. The above explanation also DOES NOT include the requirements of registration in other jurisdictions you travel to. You should always check with the State you are going to be visiting to find out what their registration requirements are and comply while you are there.

We know the registration statute is complicated. Many of the deputies in the sheriffs’ offices don’t understand them. Even with the above explanation, there are items that are still unclear and we have written a letter to FDLE for clarification. We will post their reply as soon as we hear back, so please keep monitoring our website for an update.

Sincerely,

The Florida Action Committee

SOME HEADLINES FROM THIS WEEK

Florida Court Decisions from Last Week

Last week the Florida Supreme Court rendered an opinion in Levandoski v. State a case that resolved the conflict between the 1st and 4th District Court of Appeals over whether ‘sex offender probation’ conditions had to be disclosed to the defendant at sentencing. The…

The Dobbs Wire: Registry INCREASES by 3.3% in 6 months – latest stats

The Dobbs Wire:  The number of listings on sex offense registries in the U.S. has climbed to over 900,000, an increase of 3.3% in the last six months.        National Center for Missing and Exploited Children (NCMEC) just released its latest map which shows…

Will Lauren Book dig up skeleton’s in Sheriff’s closet?

State Senator Lauren Book, who is best know for her advocacy of harsher punishment for sexual offenders and is no stranger to conflicts of interest will likely face a significant challenge shortly. Senator Book was appointed by Senate President Joe Negron, to a…

Unexpected comments from a prosecutor

Ingham County (Michigan) Prosecutor Carol A. Siemon, issued a statement concerning the sentencing of former Michigan State football players in connection with a sexual offense. Below is an excerpt from her statement, quoted directly: The sex offender registry is a…