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.
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 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.
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.
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.
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.
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….