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.
It seems that Judge Hinkle’s opinion and order nullifies the requirement for LE to conduct in-person checks on permanent residences of PFRs. The judge has ruled that PFR’s don’t have to report any travel within Florida or the USA unless the PFR stays at the same location for more than 3 days. So why does LE have to still come around and verify our permanent addresses that we registered if we are allowed unlimited travel?
Hi,
So if I understood correctly.. from now on if I go from Tampa to Miami and stay at a hotel for 7 days I don’t have to reported anymore? Or if I stay at a family house several times a year I don’t have to report that address? Please can you clarify to me? Thanks
Yes you do its more than 3 days. You still after to report to FDLE but now via the Portal but no more going to DMV and Sherriff. That is they I read it.
As far as the Family part say 7 times a year but never more than 3 days that is for the Legal Eagles on here.
Aggrigate. I was yelled at for this. If you stay a day in january and a day in march and a day in may at same location: aggregate reporting. Vcso told me. They also tell me to report any out of state which i didnt think i had to and they keep asking me
If ive installed anything on my phone for chat. Its so random there. I travel north: i leave wednesday morning and return friday night and told i need to report or dont by different people. I say just report and i get looks. Im not on any paper over 23 years.
Whyme
What is worse is, many who have been removed from the registry in their states, and then come for a visit to Florida, are ending up on the Florida registry.
My question is, how are these people even being tracked and “Caught” if they are no longer on a registry? If I ever get off the registry, I won’t leave the state for fear of that happening to me. Heck, I get scared just doing a day trip in the next county over from where I live.
I have been pulled over so many times for driving while registered that it has become normal. And guess what, not once did I get a ticket. They were just fishing for something to arrest me on. How pathetic.
I was never on the public registry in my home state. I got pinned with an ftr THE DAY BEFORE MY FLIGHT BACK HOME!!!!
They dropped the case, filed a no information. And im on this damn list here. AND i timed out of my home state a long time ago. Why am i on this thing???????
Whyme,
Your experiences in Volusia County with different officials telling you different things is precisely why VCSO and all other LE agencies in this state need to review Judge Hinkle’s opinion and orders.
In Florida, there are a number of Sheriffs that are so called constitutional Sheriffs. I don’t believe for a moment that they would respect a judge’s decision favorable to registrants. I’m biased, but my experience with Florida law enforcement after registering has embittered me immensely. I specifically refer to Volusia and Flagler Counties.
The way I understand it is that once the bill passes and FDLE gets the Travel stuff on the Portal We can now report Vehicle changes and Travel via the portal. No more in person for those two things.
That is why I do not visit anyone. During one hurricane many years ago, the sheriff’s office came around knocking on doors telling us all to evacuate. I said I will go down with the ship since I am not allowed in a shelter. Then he said, “Oh you are one of them”.
(Just my thought and opinions)
Without a path forward or a way off the registry, within 30 years, so many people will be on the registry that we would become an acknowledged class. This is especially more likely with so many states making their registries a life sentence as it were.
To be labeled a sex offender for life is truly (In mine and others opinions) punishment as no other labeled offender who has finished their sentences have these life long registries that I know of.
Because sexual charges are so despised, we are the lepers in these scenarios. When we were released from all our sanctions, we expected to go on with our lives, yet these laws, rules, regulations, ordinances and other restrictions basically control our lives in every way on a daily basis, holding us down at every turn.
When I look at my case events on the Clerk if the Court website, I see my court case # has grown to a whopping 27 pages. I honestly have never seen any other criminal case with as many “jam-packed” events as I have with my case. Before I’m done, I’m sure to be in the 40’s . I’m just estimating. It really made me think how this just grinds u down every day of ur “life”.
One of my biggest concerns not really addressed in the Fl. registration scheme is a line where it says that all sexual offenders have a “reduced expectation of privacy”. I used to assume that meant only being on a public registry where your address and vehicles etc. were displayed. Now I think that it could mean way more than just that. Does anyone really know?
The Florida Constitution does not have a guaranteed righ to one privacy. If it did, there might be a better path for relief from the public registry as is the case in other states.
Sorry, but yes it does.-
Art. I, § 23 – Right of privacy. Every natural person has the right to be left alone and free from governmental intrusion into his private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
Ok JC, it says right there in your post:
“This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.” They’re saying we don’t have a right to privacy because of the registry is public record according to law. That’s why we don’t win on this issue.
No one wins on the privacy issue unless it is specifically overruled for whatever reason people believe files should be sealed and hidden from public view or behind closed doors despite transparency needing to be had. It is a two-way street on this issue that needs to be exploited and used to push back on those who shove it down the throats of others while protecting themselves behind it. At times, turning the other cheek and being the better person is not right in this battle.
What’s the best way to convey this opinion and order to the city and county jurisdictions that have sex offender surveillance squads?
Valerie Jonas and also everybody at FAC are Saints doing GODS work! We need our lives back! THANK YOU for everything yall do and sum!!🙏🏼 😥
Also RIP to Patrick Trese another good one we lost wayyyy too soon 😥