Registering Internet Identifiers – Revised
Florida Statute 943.0435(4)(e)1 requires all registered offenders to register email addresses and internet identifiers with their local jurisdiction within 48 hours of initial use. The internet identifiers are your username (moniker, designation, screen name, or other name used for self-identification) and the software, website, or app that are being used.
Due to the vagueness of the requirement relative to the broadness of account needs through the internet, litigation was pursued to overturn this requirement.
While the language of the statute remains unchanged, the court ruling provided some clarity on what is required to register and what is not required.
If you are using the internet in any capacity where you will be communicating directly with another user (one on one) that account, website, app and/or software is required to be registered within 48 hours of its first use.
To clarify, the Judge cited a quote from the FDLE Commissioner of the time saying “the requirement to register an internet identifier is triggered only by user to user communication.”
Exceptions to this requirement are commerce, banking, government, medical and like accounts.
If you have access to the FDLE Cyber Communication System, you can update internet identifiers regularly on that site.
Questions about what should be and should not be registered arise regularly and understandably.
A memo from the Florida Justice Institute:
To: All Individuals Required to Register with the Florida Sexual Offender/Predator Registry.
As you probably know, the Florida sexual offender/predator registration laws require that, within 48 hours after using an “Internet identifier,” you must register that identifier with the Florida Department of Law Enforcement (FDLE). “Internet identifier” is defined as “any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication.”
As a result of a lawsuit, on September 21, 2018, a federal judge in the Northern District of Florida issued an Order explaining and interpreting the law, as follows:
First, the Order summarized four situations in which you do not have to register an identifier, stating: A username need not be registered based only on [1] a communication whose primary purpose is to facilitate a commercial transaction involving goods or services, or [2] a communication over a website whose primary purpose is the dissemination of news, or [3] a communication with a governmental entity. And a username need not be registered based only on [4] its use on a website or application that does not allow users to create web pages or profiles….
Second, the Order clarified that, in addition to the four above-listed exceptions, registrants only have to register Internet identifiers after they actually use an identifier to communicate over the Internet directly with another user. We interpret this to mean that you do not have to report an identifier if it is used just to browse a website, unless and until you actually use that identifier to communicate directly with another person. This is true even if your use of the identifier falls outside of the four exceptions noted above. Third, the Order prohibits the FDLE from making available to the public the identity of a registrant associated with any given email address or Internet identifier (although it can still give this information to law enforcement agencies). This means that if someone sends a public records request to the FDLE asking for all the identifiers and emails associated with a given registrant, or the identity of a registrant associated with a given email or identifier, the FDLE is not allowed to provide that nformation. However, FDLE will still be permitted, as it has always been, to verify that an identifier is associated with a registrant (without identifying the specific registrant).
This is only a general description of the Order, which you can read in full at www.floridajusticeinstitute.org/order. There are also further requirements in the Internet identifier provisions not covered here, for which you should read Florida Statutes § 943.0435 and § 775.21 in full. If you need advice on how the statutes apply to you, you should consult your own attorney. If you are on probation, you may wish to consult with your probation officer as to whether any special conditions of probation restricting Internet use apply in your case. If you are arrested for violating the Internet identifier provisions, you are encouraged to raise the issues described in this notice with your criminal defense lawyer.
Thank you for putting this out. I actually went this month and they gave me a hand out about the online portal. Here is my question. If you purchase a game off a website that has a community but you never speak a word or make a post just simply make the commercial purchase and play the game do you report it? What about an ebay account. Ebay is soley commercial?
Hi , any game that you can talk to or text to another person,has to be listed with FDLE, business like e-bay or wal-mart you do not have to list
I did list it but according to above If I do not use it in social internet conversations I dont. But I have been doing this a long time so I asked but I had already listed it because I have a user name.
Another unconstitutional requirement that no one should have to abide by.
I moved out, now I’m free!
Where did you move Vinny?
Yes, please let us know where you moved, and the restrictions you now have to abide by.
I moved to Massachusetts. I am required to register once per year, by mail. There are no restrictions where I can live, work or go. There are no internet identifier lists or home checks. I come and go as I please, anywhere I want.
Massachusetts ahs a tier system. Only Tier 3, the most egregious violators, have there name and address published on a website. Since I am considered Tier 1 I don’t even show up on the public registry.
Massachusetts
I put everything on my phone with FDLE WEBSITE, including FAC, even though they said I didn’t have to so I don’t get hit with an unwritten law, as I get visits from police 3-4 weeks…as they recheck everything
I am seeking clarification here. So, as long as someone’s Internet Identifier contains his or her name – I.e., – johnsmithbooboo – that Identifier does not have to be registered?
Only register names you use for direct user-to-user communications, and even then only if they are used on social sites and social apps. And register email addresses you use.
Do not register names you haven’t used and won’t use for such a purpose.
Do not register names used for eBay. eBay is a commerce site. You think people go to eBay to meet friends?
Do not register names used for public comments you post on FAC’s website or any other news sites.
You are not required to discuss any internet identifiers with officers visiting your home. Not unless your probation conditions require that you do so. And you are not required to provide officers with any access to any of your devices, unless required by probation or by search warrant. “Don’t talk to the police” is what many defense attorneys advise for similar situations.
Internet identifiers are properly registered on FDLE’s portal or at your registration office. Once properly registered, you need not verify them except as part of the re-registration office.
unfortunately because of vagueness ,and I don’t care to be officers trial and error monkey I register it all….teams,prime,ebay, i stay away from social media sites .
QUESTION: WHEN officers do a in person address verification what can they ask, do and what can they not do? example: My cars are parked facing my locked gate cant see my tags, so one of them ask me for tag number? I thought its just look at ID yes I live here good bye?
I might be wrong, but I understood that these household compliance checks are not supported by any kind of statute or local laws. It’s just something that one entity came up with, and then everyone jumped on the bandwagon. If I understand correctly, unless you’re on probation, the same rights apply to you as any other citizen when they come to your door. So, without a warrant, they really can’t force you to do anything. We had one recently that showed up at our house at like 3:30 AM banging on the door because they had not been able to contact my son for several weeks because they would come by when he was at work! Yet, he complies with everything required, but they’re worried about not being able to see him at his house which, by the way he owns, his name is on the mortgage and they’ve done multiple household checks since he moved into it. When he lived in Seminole County, they used to come by near Halloween to give him a list of what he can, and can’t do on Halloween most of which only applied if you were on probation. It irritates the crap out of me! They already have to comply with so much for the rest of their lives in Florida but these sheriffs departments want to add things to it and they get away with it!
Hi, on the back of my 3 pages of rules and regulations, I sign every 3 months it says that law enforcement will due address checks, according to the attorney I talked to that helps RSO’s on FAC, said they can do address checks every day if they want to, and there’s nothing you can really do about it, so I bought a ring door camera, and when the police come to my door every 3-4 weeks, I advise them that there being recorded on video at this conversation we’re having is Recorded , there stay is short and annoying , but I’m used to it, I’ve lived in this condo for 29 years,with my wife,been off probation 19 years, adjudication withheld, they used to only check yearly then every 6 months, now it’s every month, each time they come, there nice and they asked me if I’m going to relocate and the answer is No, and they leave.
Each time the police come to my door and Check my license, when they leave, they go to both our trucks with there information sheet and check Make,color, current tag and sticker is up to date…
Thats what I mean maybe you have open front yard or something of the sort? My fenced in front yard is locked with No Trespassing sign. So they can’t just walk in… (With out a warrant,if am not mistaken) But can they sit there and investigate me for compliance or can I exercise my right to remain silent???
Thank you guys for your responses.
According to what I understand, any vehicle you have in your yard, on your property, that you drive. has to be listed with the sheriffs Department, where you go to Register, make,color and tag, as far as a Fenced in yard, they need a warrant unless your on probation….
I was told by Probation not to register any game or game-related identifiers. Only social media sites and email addresses. Facebook, Tinder, stuff like that. Just provide the name that people see for you on the site or app.
According to the statute your probation officer is wrong. They can and will violate you for not registering your game identifiers as it is online communication. Always better to be safe than sorry.
Again, a problem with probation. Lack of knowledge and understanding of the law on their part. Judging by the comments here, there is no uniformity.
If probation won’t register those things the statute says they need to, then you have an affirmative defense if challenged on it.
[Moderator’s note: Florida Action Committee is not a law firm. We are not attorneys and the information provided on this website is not to be construed as legal advice. The posts and comments are the opinions of the respective authors and should not be relied upon without seeking proper legal guidance from a licensed professional. For a list of qualified attorneys, please see our referral page].
If you have to use “affirmative defense” then you have already been arrested. Even if the case is dismissed you are forever disadvantaged.
Probation told me they don’t do that, that it’s your responsibility to do that when you do your 6 month registration. Worse, probationers can’t use the FDLE portal to do their own identifiers registration online themselves.
Orange county nor volusia require any screen names to be provided, just what social media I use. They didnt thru probation either. I got out 12 years ago.
So, I wish to clarify this, if possible. According to how I am reading the posts and statute, if I do business with, say, Amazon, I do NOT have to register that website. However, if I communicate with my sister via e-mail, I have to register HER e-mail address? The reason I am asking is last year this question was going around the community near where I live.
I was under the impression it is only MY name, IP address and such that I use that needs to be registered. And I only use my name. Any clarification would be appreciated.
They want you to register your own identifiers. Supposedly so that members of the public can check on the FDLE website to see if it belongs to a registrant. Or so that law enforcement has your information to alert Facebook, etc. to close your account.
If all they have is the display name you use on Facebook, they can’t shut your account down because lots of people have the same names.
I keep trying to post but my post isn’t showing up. Not even the part where it says it’s awaiting moderation.
You can message people in a LOT of games. I don’t play many that you can, but I don’t know anyone, don’t speak/ text anyone, and I ignore all friends requests.
I was recently charged with failure to register an internet identifier. I had a tiktok account. My daughter wanted me to see something, so I got the app and went on. Google automatically logged me in. It was never my intention to create an account. My account was my name. After that, I got sucked in and scrolled endlessly. LE found out about it and charged me with the FTR. I argued that it was within 48 hours of use (does it actually say initial use? ) and I never ‘used’ it. I never posted. I never liked. I never followed. I simply scrolled. The judge threw out the charge.
As far as any of these social media sites are concerned, if you use them, I don’t believe you necessarily have to register them. To be clear, I don’t have any social media. The tiktok was deleted when the officer called them and told them of my status and requested information about my account. I saw no reason to even bother getting another. Anyway, back to my point. I don’t have Facebook. But, if I did, I wouldn’t need to register it if I only used it for posting on my wall (or other people’s walls) as this is not person to person. That is public for all to see. If you purchase from/sell on marketplace, that is Commerce. All this being said, if you get a social media account and LE becomes aware of it, you may be buying a bond and retaining a lawyer to get it sorted. I don’t have the time or money for that crap.
My daughter and wife have social media. They tell me if anything interesting happens.
Be careful out there
Again, why I moved out of Florida. I refuse to be treated like a prisoner every day!!
I plan on passing my damages/compensation rights directly to my wife and daughter in some legal document. That way, if I pass before these laws are ultimately determined to be what the are, one of them can stand in as me to receive the damages awarded. Hopefully, this would force the state to compensate them as if they were me IN ADDITION to any damages they should receive for themselves as victims of the state.
This bull$#!^ started when I was 27. I never dreamed I would be dealing with all this at 57.
The depression is intense. I sometimes ponder where I’d be had I not met my wife. I don’t know how anyone without support can do this.
I was successful suing the county of Brevard and embarrassing them in Federal court. Seek action. It’s the only way to make a difference.
If you use the “messages” app on your android, u have to register the other person’s #? We all have to register this site too?
I would believe that if you register your phone wouldnt the messenger app be covered?
I believe the judge stipulated that sites that exist primarily to facilitate commerce or sales (like eBay, Etsy, etc.) do NOT need to be registered, even though you can send a seller a message to ask a question. Can someone verify that or provide the correct information if I’m wrong?
E-bay does not have to be registered, because e-bay is a business and they monitor all conversations between you and the seller….
I know everyone here is saying that E-Bay does not need to be registered. Here is what I was told. Yes it had to be registered and If used it to Sell things on there as a business I would have to report that in the employment areas.
So we have a difference lol. FAC can we get a clarification on Ebay, Etsy etc.
Thank you much
They lied to you.
As a seller, you have too, I was replying as a customer….
Thanks !
I guess on Amazon too?
I would assume so,being a seller, it would be your in a business selling goods, and talking to customers
That’s the problem with asking any cop anything. Why would they want to appear lenient?
unable to read the rest of the post
How can all these open-ended, sinister piling-on requirements and measures be considered within the realm of “proactive” when SORNA – and all related registry laws – are actually a REACTIONARY response to victim culture propaganda?
Another 4th amendment violation.
What about our own website to advertise things for sale but without having direct communication with anyone?
Clearly you would not register usernames or screen names associated with Amazon, eBay, Etsy, etc.
If you are employed as a seller, then that might be registrable as a place of employment, but that is not the same as a username or screen name.
I refused to be subject to the ridiculous whims of Florida. I moved out. I understand that not everybody has the ability to move right away. Get out of Florida. Why would anyone subject themselves to more and more requirements every year.
When I moved to Florida in 2016 it wasn’t this bad. When the cops started coming to my house at all hours and I had to sue the county for my rights, that’s when I decided to leave and never return.
My question however is even if you move out of Florida as I have they still list you on the registry with an out of state or country address. Could you still be in violation if you don’t update any new emails and accounts? It’s not clear to me am I missing something because you are still on Floridas registry
I would like to add as I’m sure all of you know no one size fits all when it comes to Florida law depending on your jurisdiction you are required to report things that are not even required under the registry and the reality is we all can say this is illegal and this isn’t fair but you will get arrested you will spend money fighting you may or may not win you sure will pay for a attorney. I personally have had a high-level of respect for the people that have dealt with me and my county when I was on the registry they were actually nothing but proffesional but it’s not the same in nearby counties and even my attorney told me you better pray people in your local office never leave because he has after of problems with other less friendly staff that like to imply their own rules. we all know what the local office tells you may not necessarily reflect what FDL says and who is willing to take the chance of an arrest
As a non resident Florida no longer has any jurisdiction over me. I do not update anything with them. It’s non of their business anymore. The fact that I am still on their registry is troublesome since it is not legal. I am no longer in the state and will ever return.
There have been no less than 4 attorney’s who have indicated to me that Florida has no right to keep me on their registry since they no longer have jurisdiction.
In Massachusetts I am a free man. I can come and go as I please without having to check in t=with anybody!
I understand what you are saying and I am in same as not in Florida HOWEVER I still have a Florida Drivers License own a car and property in the state for tax purposes Florida is still my residence. When I left they told me if you’re going to be gone for more than a few months they simply take you off the registry But if I return I would have to be added back but I’m not really sure how that applies to the statue that covers the Internet identifiers because what Florida seems to do is take your address off the registry but nationally still shows under the new out of Florida address. I eventually plan on going back part time which of course then I will have to decide how much time to actually stay tonight cause further problems I find it a benefit not being reflective with the Florida address.
Ah yea, you still have an address in Florida. I sold my house, changed my drivers license and have no connections to the state whatsoever. They will never take me off the registry and that has caused my many problems. I live in Massachusetts now and are not in their public registry. So when somebody finds me on Florida’s it causes problems .
I have a funny question about this, there are tons of Adult cam sites out there, that people pay to go on, I am assuming this is commerce? If someone uses these pages, must it be registered If you are a registered Citizen?