Statement from attorney Val Jonas on impact of Judge Hinkle’s order
On March 25, 2024, Federal District Judge Robert L. Hinkle, of the Northern District of Florida, ruled that the requirement under Section 943.0435(4)(a) that people registered as sex offenders report in-person travel within the state of Florida to the FDHSMV violates substantive due process, and is thus unconstitutional. His order declared that this requirement is irrational and very burdensome for registrants. His order makes clear that the requirement under Section 943.0435(4)(a) to make an in-person report within 48 hours to the FDHSMV applies only to a change of home address (where one lives), and not to a temporary in-state residence. For in-state temporary residences, instead of going in-person to the DHSMV, people registered as sex offenders must report only to the sheriff’s office. Furthermore, they will be able to do so online, not in person. The order directed FDLE to make online access for in-state travel reporting available within 60 days.
It is unclear from the order if in-state travel reporting is required, not only after establishing the temporary residence, but also upon return from the temporary residence. We will seek clarification of this point.
Please be aware that the order does NOT change the requirement under Section 943.0435(7) that registrants report in-person at least 48 hours before establishing an out-of-state residence. Judge Hinkle’s order makes clear that out-of-state travel is governed only by subsection (7) of Section 943.0435, and not subsection (4)(a). Because subsection 7 is silent about reporting upon return from out-of-state travel, it appears that return reporting from out-of-state is not required.
I had 2 different officers in Jacksonville tell me that as long as I am not in one place more than 2 nights, I could travel out of state pretty much as long as I wanted without having to report my travel. That seems to contradict all the other responses above. I literally tried to report travel plans and was told I didn’t have to. This is crazy.
[Moderator’s note: The above linked decision states, ‘For both in-state and out-of-state travel, Florida ties the reporting requirement not to days away from home but to days away from home in the same location. A registrant who still has a home can travel for as long as the registrant wishes, without notifying anyone, so long as the registrant does not establish a new “permanent,” “temporary,” or “transient” “residence”’].
Thanks to the Moderator for the reminders about traveling without establishing a residence in the process. PFR’s can review the important email response from FDLE re: this issue for an even greater level of confidence: https://floridaactioncommittee.org/fdle-replies-to-domestic-travel-inquiry/
Sadly, if an ignorant cop busts you anyway, you’ll still likely have the arrest on your record.
Actually the attorney is rock solid right as it is unconstitutional and unsettling if you want to understand this corruption. Much of this registry is unjust.
Hey courts make decisions every day. They don’t make choice as it is the choice of this court to sentence you to an uncertain amount of time. Seems that attorney knows that much of this registry is unfair, unjust, and vain in this mouse play in many ways. So who factors in all this unethical abuse.
The one thing in this that really turns my biscuits. Is the way it says we need to report travel to let law enforcement and the public know where we are because of crimes one MIGHT COMMIT. That’s a possibility for every human on this planet. Iv been on the registry since the day it started. At this rate I’ll be dead 50 years beofre I get removed. This is good in some ways. But man im over this $#it.
I’m still confused about out of state travel. If I want to drive from Florida to Maine and back over the course of two weeks without staying in the same hotel for more than 3 days, do I have to report that travel the the DHSMV and/or my local Sheriff’s Office? What if I want to travel in my boat to Georgia from Florida and back staying at different marinas? Do I register each marina in advance even if I just stay overnight? What if I stay anchored out, do I give the GPS coordinates?
Regardless of the laws of any state you visit, if you are still subject to Federal SORNA, you are required to report that you will be absent from your permanent residence for more than 7 days. That is part of the independent duty to register imposed by Federal SORNA. If you cross state lines, being absent for more than 7 days from your home and don’t register with your home jurisdiction, you will be guilty of a federal crime with a prison sentence of up to 10 years. That needs to be reported to your local sheriff’s office, not the DHSMV. That is even if you don’t otherwise establish a permanent, temporary, or transient residence out of state. If you are no longer subject to the provisions of Federal SORNA (meaning you are a Federal Tier I or Tier II offender and your 15 or 25 years have expired), then you would only need to worry about the laws of Florida and the states you visit. I would read the definition of “transient residence” in the Florida statutes carefully, however. It’s much broader than many people realize.
[Moderator’s note: the above linked ruling from Judge Hinkle states, “the term {transient residence} is apparently intended to apply to individuals who are homeless. Any attempt to parse the definition’s actual language might be futile…For both in-state and out-of-state travel, Florida ties the reporting requirement not to days away from home but to days away from home in the same location. A registrant who still has a home can travel for as long as the registrant wishes, without notifying anyone, so long as the registrant does not establish a new “permanent,” “temporary,” or “transient” “residence”…SORNA requires a registrant to provide information on travel only to seven days or more to a single location— referred to as temporary lodging].
While it’s true that Florida’s SOR law’s peculiar wording (peculiar compared to analogous travel reporting requirements of other states) really does say that you only have to report a destination if you will be establishing a permanent, temporary or transient address (whether in-state or out-of-state), my experience is that local sheriff’s department staffs don’t understand this technicality. They think you should report all travel, so I always report travel, with a start date, one destination regardless of how long I’m going to be at that destination, and a return date. That keeps even the worst hard-asses happy.
Meanwhile, this ruling about not having to report temporary addresses to DMV is a big relief to me. As some of you know, I have three “open-ended” temporary addresses in Florida and a permanent address out of state, and I travel a lot both in and out of state. Reporting addresses to DMV has been a logistical and practical impossibility for me, so I’m glad to be off the hook now.
Thanks to everyone who had a hand in this, big or small. And my deep, heartfelt gratitude to Ms. Harper for being so very brave – her courage has benefitted us all.
Can anyone refresh my memory on Ex Post Facto I (Plus) that Judge Williams is deciding? What are the main issues left to be ruled on in that case (I know some were dismissed)? Do we have hope going forward with that one after Judge Hinkle’s order?
Can’t wait for the ruling from the other judge in South Florida.
Everything passed after your conviction date should not apply to the individual.
Well ive gotten threatened with arrest if i dont call the day i return. Im a constant traveller to the northeast and am told if i dont call and report im
Back theres a warrant. If i get back 1 day early i need to come in person even though the early day would negate my 3 days. Vcso needs to hear this. Im not on any probation or control for 20 plus years. Off my homestate registry and was actually never published there
@Anonymous
For me and many others, that would be everything would be thrown out. My conviction was before a registry was even proposed in Florida. It was not until the week I was being released that they implemented it.
My prize for getting out of prison early was to become a registered citizen. Imagine my joy, I mean horror. I have been a member of the registry club since 1997. Every year we get new gifts from the registry that we don’t want but cannot return.
That Mars colony is starting to sound sweet.
It will be bittersweet when that day comes. Ive been playing this game since 2002, when I was just 22 years old. As you know, it was just an annual thing and a couple things to report.
Fast Fwd 22’yrs : WTF …This was definitely not what I signed up for when I took a probation only deal.
Don’t be ridiculous, Cherokee Jack. You know perfectly well that if we all left this planet and moved to Mars, Florida would *still* keep us on their registry.
@Lauren
Both funny and not funny at the same time, if you know what I mean. One of those incidents where something is so ridiculous that you cannot help but laugh, otherwise you would cry.
Where do you see that anything pass your conviction should not apply? I didn’t understand it that way. This decision doe almost nothing to help people unless they travel instate for work a lot.