FDLE Replies to domestic travel inquiry
The FDLE has replied to FAC’s request for clarification on domestic travel. Several members have been MISINFORMED by their registration offices that anytime they leave the state of Florida they are required to report. The FDLE’s website also had this incorrect information in their Q&A section. Last month FAC reached out to the FDLE, seeking clarification and today we received their response.
Registrants DO NOT need to report when leaving the State. Only when establishing a permanent, temporary or transient residence in another state. If your local Sheriff’s office still requires you to provide notice when leaving the State, please let FAC know.
FAC appreciates FDLE’s response and taking action to correct their website.
A copy of the correspondence is below.
From: Sexual Predator Unit <SexPredator@fdle.state.fl.us>
Date: July 14, 2022 at 12:22:31 PM EDT
To: Gail Colletta
Subject: RE: Letter to FDLE Domestic Travel
Good afternoon,
Thank you for your inquiry.
Per Florida Statutes 943.0435(7) and 775.21(6)(i), a sexual offender or predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual offender 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible before departure. The sexual offender or predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender or predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel.
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 to report domestic travel to another state if they will not establish a residency outside of Florida.
Florida Statute 775.21 defines a “permanent residence” as a place where the person abides, lodges, or resides for three or more consecutive days, and “temporary residence” as a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of three or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. “Transient residence” means a county where a person lives, remains, or is located for a period of three or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
We will review the information on our website and update it as appropriate.
Sincerely,
| Enforcement & Investigative Support
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.
From: Gail Colletta
Sent: Friday, June 10, 2022 2:36 PM
To: Sexual Predator Unit <SexPredator@fdle.state.fl.us>
Subject: Letter to FDLE Domestic Travel
| CAUTION: This email originated outside of FDLE. Please use caution when opening attachments, clicking links, or responding to this email. |
To : SexPredator@fdle.state.fl.us
Subject: Domestic Travel
To whom it may concern:
I am President of the Florida Action Committee (FAC), a 2500+ member not-for-profit organization whose focus is on public safety and specifically the Florida Sex Offender Registry.
I had previously written concerning domestic travel for those on the registry. Our members were being advised by their County registration office that any travel from Florida to another state requires in person notification. We did not believe this to be true, so we contacted your department for guidance. In your reply, you advised that, “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 to report domestic travel to another state if they will not establish a residency outside of Florida.” A copy of your email is below.
Notwithstanding this clarification, we continue to be informed by members that their local registration offices are requiring they report, in person, whenever they leave the state, even crossing into Georgia or Alabama and returning the same day. Further, on the FAQ section of your website (https://offender.fdle.state.fl.us/offender/sops/faq.jsf), you write that, “A sexual offender/predator planning to travel to other states within the U.S. must report in person to the sheriff of the county where he or she currently resides in Florida within 48 hours before the date he or she intends to leave Florida;” This seems to be in direct conflict with your earlier guidance. We know of no changes to s. 943.0435, F.S. or s. 775.21, F.S. between May 3, 2018 and today, that would require notification of “travel” or “leaving the state”.
Please reply to this email letting us know what the law requires and whether to rely on the information provided on your website or in your earlier email. If your earlier email is correct and there is no requirement for a registrant to report domestic travel if they will not establish a residency outside of Florida, we respectfully request you correct your website to avoid confusion. If the law now requires registrants to report domestic travel even if they will not establish a residency outside of Florida, kindly provide us with a reference to the new Statute.
Sincerely,
Gail Colleta, President
Florida Action Commitee
From: Sexual Predator Unit <SexPredator@fdle.state.fl.us>
Date: May 3, 2018 at 2:15:04 PM EDT
To: ‘gail’
Subject: RE: Letter to FDLE RE: Domestic Travel
Good afternoon,
Per Florida Statutes 943.0435(7) and 775.21(6)(i), a sexual offender or predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual offender 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible before departure. The sexual offender or predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender or predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel.
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 to report domestic travel to another state if they will not establish a residency outside of Florida. The definitions of permanent, temporary, and transient residency can be located in s. 775.21(2)(k), (n), & (o), F.S. As you noted in your letter, these definitions will change from 5 days to 3 days effective July 1, 2018.
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.
Whatever happened to the doe v. SWEARINGEN case ? The case that several registrants with convictions prior to to 1997 ? It seems like the case was shut down by the judge ?
To My Knowledge Judge in South Florida sitting on it. Probably waiting on the North Florida case. But IDK
Yes, and in the Northern District, the trial is scheduled for early in November in Tallahassee.
Most County sheriff depts, closed on the weekends…..and the time starts when you enter the county you’re staying…
I’m a registered citizen living in Hernando County. I am leaving next Thursday to travel to Boston and will be coming back on Monday. I’ve been told that I must give them my itinerary of travel at least 48 hours before leaving. I thought that we didn’t have to report to the sheriff’s office when leaving the state.
Yes because you will be gone three or more days. Three or more days is considered a permanent residence.
From what I understand, if you are staying in one place for three or more days at your destination then you have to check out.
Florida statutes indicate that, if you are establishing a ‘residence’ at your destination, you’ll need to register your travel plans, in advance, with the sheriff. However, if you don’t stay at a particular address for more than two nights, you don’t legally have to inform Florida before leaving, since the law defines a ‘residence’ as lasting 3 or more days. However, during re-registration once, I told my local deputy that I planned to travel out of state and change hotels every day so that I didn’t violate the stupid statute. He told me that, regardless of statute, if Florida cops found out about it, they would arrest me. So, if you decide to go without alerting Florida first, make sure you retain some kind of evidence (like hotel receipts) re: where you stayed each night. Also, be potentially ready for a bogus arrest and expenses to fight your case in court. I wasn’t really planning to travel, I just wanted to hear what cops had to say about it. This is a case where cops can potentially make your life hell by ignoring the law themselves. However, their threats may be just BS. Just a decision that you have to make. I am not an attorney and you should not rely on my knowledge or experience in any way.
It’s been my experience that traveling out of state is not nearly as bad as traveling within the state for 3 or more days, especially if the state you’re visiting doesn’t require you to register. You must investigate that and call their authorities if necessary. Some states require registration for any amount of time, for some it’s three days, for some it’s 14 days or longer. In Miami-Dade County, the process takes only a few minutes (once it’s actually your turn) but you have to report to the sheriff’s office within 48 hours of leaving and within 48 hours of your return to let them know you’re back. They’ve always been very professional with me and say “enjoy your trip–see you when you get back.”