FDLE offers guidance on reporting address changes to DHSMV
A couple of weeks ago, we wrote to the FDLE for clarification of what rules must be followed when someone establishes a new permanent or transient address.
We were contacted by a member, already on the Florida Registry, who went to visit family in another county. Since he would be at the temporary address for more than 4 days, he went to report to the Sheriff’s office, as required (or so we thought).
Turns out, after informing them of his temporary address (not removing his permanent address), they advised him he needed to go to the Driver’s License Office within 48 hours. Really? He was just visiting. He already had a FL Drivers License with the identifier on it because his home was in Florida.
When he got to the Driver’s License Office, they refused to issue the new license because he couldn’t produce a lease or utility bill evidencing his “residence”! Really? He was visiting someone’s home! Do they honestly expect him to sign a lease or put some bills in his name?
He left the Driver’s License Office with a letter saying they couldn’t issue his new license – just to prove he tried and after wasting two days waiting in lines to jump through these ridiculous, burdensome hoops.
We thought clearly this must be a mistake. FDLE wants to know if you are staying someplace temporarily (5 or more days), but do they really expect you to change your Driver’s License? Do they really expect you to spend 2 days of a 5 day trip taking care of administrative BS?
So we wrote to FDLE for guidance and their response was surprising!
They wrote; “There is no language in s. 943.0435, F.S. or s. 775.21, F.S. requiring an offender or predator who has registered as required and resides in Florida who is changing a permanent residence within Florida or adding/changing a temporary address within Florida to report this information to the sheriff’s office, unless they are unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles. In this case, they shall also report any change in their permanent, temporary, or transient residence within 48 hours after the change to the sheriff’s office in the county where they reside or are located and provide confirmation that they reported such information to the Department of Highway Safety and Motor Vehicles.”
So… if you are registered in Florida and move to a new address or visit someplace in Florida for more than 4 days, you are not required to report to the Sheriff’s Office, just the Driver’s license office!
Who knew, right? Especially when item #1 of the instructions they provide upon registration states, “Within 48 hours of establishing or maintaining a residence in this state, or release from custody and/or supervision of the Department of Corrections (DOC), the Department of Children and Family Services (DCFS), or the Department of Juvenile Justice (DJJ), I MUST report in person to the local sheriffs office to register my temporary, transient, or permanent address and other information specified in statute.
If I am convicted of an offense that requires registration and am not under custody and/or supervision of DOC I must report in person to the sheriffs office in the county of conviction within 48 hours of the conviction.{F.S. 943.0435(2)(a); 775.21(6)(e)}.
FAILURE TO REPORT AS REQUIRED IS A THIRD DEGREE FELONY.”
Confusing? Yes.
Correct information from FDLE? Who knows?
Logical? Absolutely not!
We will continue to update as more comes in.
the registration receipt you get when you get a temp address listed is enough to present to the license office for the license. At least thats what im told. You always need to present that paperwork if requested. That covers you for the sheriff. Odd the license people said that.
Still – more odd is that FDLE says you don’t need to go to the Sheriff’s office to get that registration receipt to begin with!
can a copy of that letter be made available to us? Im a frequent traveller always less than 4 days but i register it as its out of state and always come back to the office when i return just to say im back. Literally doing this two or so times a month…. i suffer from severe ptsd and have no recourse to calm myself. Im a former 0 level in nys until they went to level 1 never any problems until here in florida and they cant even accurately translate the statue to their language as it was a federal. No special circumstances (not under 14) no posession distribution or viewing only transmission as i was in charge of the computer used. The person was prosecuted but i got caught up in the end. 1996….
Certainly – We asked the FDLE for guidance in order to help our members understand the rules.
We always presumed that if you change your permanent, temporary or transient address in Florida, you MUST report in person. FDLE understands the statute differently, so we’ll share a copy of the email below.
__________
From: Sexual Predator Unit
Date: November 21, 2017 at 4:14:08 PM EST
To: ‘Gail Colletta’
Subject: RE: FDLE Temporary Address Inquiry.pdf
Good afternoon,
Per Florida Statutes 943.0435(3) and 775.21(6)(f), within 48 hours upon initial registration with the sheriff’s office in Florida, a sexual offender or predator shall report in person at a driver license office of the Department of Highway Safety and Motor Vehicles, unless a driver license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver license office the sexual offender or predator shall secure a Florida driver license, renew a Florida driver license, or secure an identification card.
Presuming an offender or predator is already residing in Florida and is subsequently adding or changing their permanent, temporary, or transient residence within Florida, s. 943.0435(4), F.S. and s. 775.21(6)(g)1., F.S. require, within 48 hours after any change in the offender’s permanent, temporary, or transient residence, the offender or predator shall report in person to a driver license office, and is subject to the requirements specified in s. 943.0435(3), F.S. or s. 775.21(6)(f), F.S.
There is no language in s. 943.0435, F.S. or s. 775.21, F.S. requiring an offender or predator who has registered as required and resides in Florida who is changing a permanent residence within Florida or adding/changing a temporary address within Florida to report this information to the sheriff’s office, unless they are unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles. In this case, they shall also report any change in their permanent, temporary, or transient residence within 48 hours after the change to the sheriff’s office in the county where they reside or are located and provide confirmation that they reported such information to the Department of Highway Safety and Motor Vehicles.
A copy of Florida Statutes 943.0435 and 775.21 are enclosed for your reference.
Sincerely,
Missing Persons & Offender Registration
Florida Department of Law Enforcement
sexpred@fdle.state.fl.us
1-888-357-7332
850-410-8599 (fax)
PO Box 1489
Tallahassee, FL 32302-1489
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are considered to be public records and will be made available to the public and the media upon request. Your e-mail messages may, therefore, be subject to public disclosure.
Has any of this changed since 2017? I am in Pinellas County relocating to a new permanent address within Pinellas County, and will report to the DMV within 48 hours of completing this relocation to update my driver’s license with this new information.
T
Depends on what county you’re in really. I have moved alot. And I just go up to the DMV first tell them I need a 30 day letter of temporary address for the sheriff’s office. It costs 6.50 cents. I carry that paper and my driver’s license. The temp address will say you did not have the required documents but have notified them of the change and it doesn’t make your drivers license invalid
I wonder what group of ‘rocket scientists’ came up with these rules? They must have spent all of five minutes coming up with the ramifications. If I go to visit my son for a few days does it mean I have to start paying his water bill so I can get a ‘five day’ Florida drivers license? I hesitate to tell these stories to my friends because they will think they are ‘sea stories’ or that I have gone off the ‘deep end’. No one will believe that responsible, educated…or so I am assuming…bureaucrats would make such ignorant requirements thinking they are making anyone safe. When I went to West Virginia for my mother’s funeral I went to the police station to check in and they looked at me like I was crazy. The officer asked me what I wanted him to do. I said just put your initials on my travel permit. Crazy!
The same thing happened to me in new York when I went to work for 2 weeks I got to the sheriff’s Dept and sat there for 2hrs so they could figure out the correct procedure. They ended up just signing the paper on the bottom and a phone number
Expect to pay a minimum 6.50 Fee and a fresh New Pic for Every Update reported to the DMV!!
$6.50? My last one was $31
We actually discussed this issue months ago in another post. In that post, a registrant changed his address, but only went to the DMV, not the sheriff. He was arrested, and after an appeal, the State decided that the offender was right, and he was released. The statute is not written well (surprise). I think it tries to say that if you are an initial (first time) registrant or you are entering from another state to reside here, you must see both the sheriff and the DMV. But, if you already reside in Florida and are registered, you just need to go to the DMV if your residence is changing. However, I still think it’s BS to have to visit either DMV or the sheriff – especially if you have to wait hours in a line to pay for a new license.
Its absurd to have to go to the DMV to get a new license/ID for a place you will be staying at for 5 days. Then you need to go back again 5 days later when the vacation or business trip is over to get yet another new license.
Waiting at the DMV is a nightmare.
You do realize the dmv is directly linked to your rso website: the dmv pic is whats on your profile if you change it on your license as well as any registrations even before you declare them to the sheridf. Once i changed the plates and saw them online prior to me handing the info in two days later when we had 72 hours.
Correct – certain information is shared.
For example; vehicles “owned” are pulled from the DHSMV, which is why the vehicles publicly listed are so often incorrect.
If you sell your vehicle to someone out of state, it will continue to appear listed as a “vehicle owned” because nobody different registered it in FL. If you are a registrant and purchase a vehicle for your teenage child, but that car is registered in your name (because they can’t lease a car to a 16 year old), your child’s car is publicly registered, etc.
Why bother with a database of publicly accessible information when the information is so often incorrect?
Horrible and truly unjust. Goes beyond scope of amu covil commotment as its inaccurate and encompasses the innocent . How is this even possi ble?
Were you aware that if the you drive car is not in your name, it does not appear on the website even though the sheriff’s office/FDLE has the info? That info is only available to law enforcement. That also goes for the cars of others who live in your home that you have to register. I believe that is why that have that rule, but it also works say if you have your car registered in the name of a corporation, etc. . I have confirmed this the last couple of time that I went in to check in. Interestingly enough, it was the deputies that first told me about this.
Not always true, i had to register a vehicle that i use at times that was in a family members name that does not reside with me, it was / is listed on the FDLE wedsite
Not on mine because the PCSO takes a new picture of me at check in when my appearance has changed like when I grew a beard. They did not instruct me to go get a new DL. To the best of my knowledge, my DL picture has never been on my web FDLE page.
I renewed my DL a few days ago and that picture is now my FDLE RSO photo, superseding the SO office pic taken a few days prior.
See thats my point. All mu cars show up there before i get a chance to update and all direct from the dept of motor veh. So why if we are automatically comploant as it updates the dayabase are we subject to doingnit againnin person and at right of a felony if we dont do what technically is already done?
Wow fat fingers: i mean at risk of a felony
The “Gold Star” requirement of the Federal Real ID Act prevents the DHSMV from giving you an ID card for a temporary address because it requires proof that you reside at that address. I believe I provided an electric bill, a letter from a government agency, a birth certificate, and a SS card to meet the Real ID requirement.
It’s always ok for their (the state, esp. Fl) language to be absurd, misleading, or otherwise just assinine, but if you as a sex offender goof, it’s BACK TO JAIL WE GOOOO….tired of this b.s….
Yes, because that is the intent of the law – to keep us in the system!
Either by simply forcing a lifetime punishment on us (done) and/or making it so complex and counterintuitive that it is virtually impossible NOT to violate some obscure rule they have thrown in.
If this bullshit was being done to ANY OTHER group such as Jews, Gay, Blacks and so forth, it would be struck down in court. But not for the chosen whipping boys we are for society.
Hi guys,
Maybe you could get this permanently fixed.
I do not believe the DHSMV will allow anyone to get a new license with a temporary address ever. The only address on your DL is your PERMANENT RESIDENCE. Could you write a letter to the higher ups at DHSMV and get them to put in writing this information. Then One Letter For All could be used. Maybe that could be taken to court to get that writing of the statute nullified.
Thanks
Eddie M
If they don’t let you register and get a new DL/ID because (a) you can’t afford it, or (b) you cannot provide evidence of your temporary address (ie: Lease, utility bill, etc.) they provide you with a letter that confirms you ATTEMPTED but they didn’t issue the DL/ID.
The concerning part of that letter is they write that the letter does not indicate compliance with the law.
The updated registration form with the temp address on it is enough to get the dl or id. Thats the purpose of the paperwork and it does say to take it to the licence dept as its enough. Never had a problem.
JM, I believe the issue here is that FDLE is saying you don’t need to go to the registration office, you only need to go to the DHSMV. If the DHSMV requires a letter from the registration office, that undermines the purpose.
At this point an extra step just to keep them away may be worth it. Ive never had this much regulation in my life in ny. Im petrified of even driving through a county
I am going to be changing address soon, so I am thinking a audio/video recording of all encounters with the Sheriff’s office and DMV would be in my best interest!!!!
jw
What about a registered offender who reports a temporary residence change in Florida, lets say to visit a relative, and whose permanent residence is within a restricted zone but is allowed to live there because of it being “grandfathered”, that is, the permanent residence prior to conviction? I witnessed a situation during reregistration in which the person in front of me had reported a temporary residence in a home under contract he was allowed to access for a few days prior to closing. Unfortunately he was not able to close on the home because his mortgage application was declined. So he had to return to his home. The registration officer told him he could not return to his home because it was in a restricted zone due to the 2500 foot rule. He was instructed to vacate his previous residence immediately, obtain a legal residence and report back to the registration office. The man immediately became distraught and placed his head down on the ledge weeping. I tried to console him, telling him the officer may have instructed him in error and that he should immediately seek legal counsel wherein he would probably be allowed to return to his home. I never saw this person again and have no idea of the outcome.
Grandfathered is not prior to conviction. When an offender is grandfathered in, that means that he has been living permanently in that residence before the law was enacted. For example, let’s say the law passed in 2008. Your arrest or even conviction was in 2010, but you have been living there since 2000 without no moving whatsoever, they grandfather you in and that law protects you no matter how many schools or day cares they build around you. I know a few people that are grandfathered in and still living there for many years without no incident whatsoever. Living a peaceful and normal life.
From reading your post, I do think this was in error of the officer. He probably took out that first residence from the system and input the temp one in it’s place. When he should of had both on there for the record. Hope that person got legal help because they can’t really do that purposeless, unless it was a mistake on the officer’s part. My advise is that if you’re grandfathered in, don’t mess with it. Stay there patiently as your “only” residence until the laws change eventually. It’s certainly much better than sleeping on the street because of an incident like this.
P.S
I really do hope these laws go away. They are just ridiculous. Residence restrictions are so unconstitutional and punitive. Hope we see their demise very soon.
Thank you for your reply. However, be careful, your advice “…don’t mess with it. Stay there patiently as your ‘only’ residence…” may be interpreted to imply that if you’re in a grandfathered permanent residence you should either never temporarily change your address or, you should not report any temporary change of residence until the laws change (you put the word only in quotations, opening it to interpretation). In other words your advice may be interpreted to mean that it’s better to either never sleep anywhere else than in your grandfathered residence, or that it is better to take a chance getting caught committing a felony by making a temporary change but not reporting it in order to avoid being put out of your grandfathered residence and sleeping on the street. If so, someone who reads your reply who lives in a grandfathered residence (most all on the list in Miami-Dade County) and interprets your advice and then gets caught not reporting a temporary change of residence may in defense refer back to your advice (not necessarily that such a defense has any validity or will cause any problems for you).
What a conundrum. It’s just more evidence that the laws governing these situations are irrational and based on unreasonable fear laced with hysteria and/or mendacity, often forcing those on the list to become entangled in a maze of misinterpretation which often causes them to choose between untenable actions. Laws must be written so as to not be open to interpretation. They must mean what they say and say what they mean. This is almost completely impossible if they are written upon a foundation of paranoia and/or mendacity.
A little off topic but somewhat relevant – my son went for his 6 month re-register about a week ago (Seminole County). He said they have a “new” system that is very streamlined compared to what it has been in the past. He said he did not have to fill out any paperwork and the officer just asked him questions to which he answered yes or no and that was it. I see this as a good thing – not because it makes it easier on the registered or the officers but because it is a sign that things are out-of-hand and the system needs relief. He also said it would have been a lot faster except the system went down in the middle of the process (lol). Anyway, I thought I would share.
I live in Pinellas County, which is free of any countywide “enhanced” residency laws and maybe free of city ones too. The PCSO SPOT people are as polite and helpful as they can be and do not hassle you, assuming that you specifically have not done anything to cause them to treat you otherwise. With that said, they have absolutely no idea what some of the garbage in the state las actually means, particularly some of he knew crap like the 2016 and 2017 internet laws, nor do they appear to have been given anything in the way of guidance from on high from FDLE other than the same paper foolishness that they pass on to us. So what would you expect from Tallahassee?
So if i go to ny for three days, do i really need to temp address? Ill be back on the third day!
no
Yet the local pd tells me i need to report it to the sheriff. Pd does the residency checks not the vcso. I was at airport once picking up family and pregnant wife was told i could get arrested since i wasnt home twice. They didnt offer her an affadavit to sign that i do libe there. That was for just a few hours im petrified if a few days! Was told i need to be home yet not on house arrest or any type of supervision.
Still happening. I trvel wednesday driving but they count the drive dus as days away. I fly and they condider the fly day a day and i still need to report flights and car used etc. not on paper for 20 years…
I’m at the driver’s license office now, and they don’t know how to enter my new temporary address…so I’m shuffling from clerk to clerk until they find one who knows what to do…I’ve been here an hour, at the city of Gainesville FL…what crap.
While it’s still fresh in my mind after I went to the local sheriff’s office to register my temporary address the officer told me she’s not sure if I have to come back and register here at my temporary address for the month of November or register in my permanent address even they are confused.
I am the guy that started this thread. Thst was back in 2017. I still dont see a cleaR clarificTion. This was in Volusia county. I have travel coming up and get chills when thinking about the run Round i will get at the SO. Please help