Florida Travel Alert – May 2023

From the 50 State Visitor Guide :

Fla. Stat. 2019; Fla. Stat. §§775.21, 775.215; Fla. Stat. §§943.043 through 943.0435; Fla. Stat. §§944.606 through 944.607;  Fla. Stat. §947.1405, §985.481

AWA Compliant

Registration Triggers and Deadlines:

“Residence” means either (1) a place where one spends 3 or more consecutive days, (2) a place where one spends 3 or more aggregate days in a calendar year, or (3) a county in which one is present for 3 or more aggregate days in a calendar year.  In all cases, 3rd day triggers registry obligation.

Registrants must appear to register with law enforcement w/in 48 hours of establishing a residence, and must appear to provide any updates within 48 hours.

Transient registrants update every 30 days.

NOTE: "Day" will now be defined in Florida's SOR law to mean "any part of a day" except that your day of arrival doesn't count. Updated 3/2024.

Registrants must also appear to register with the driver’s license office of the FL DMV within 48 hours of registration to obtain a driver’s license or ID card labeled either “SEXUAL PREDATOR” or “943.0435, F.S.”

Residency/Presence and Other Restrictions:

Residence restriction:  May not reside within 1,000 ft. of school, child care facility, park, or playground under certain circumstances. §775.215.  NOTE: Individual cities and counties often have additional more burdensome requirements upwards of 3000 feet.

Presence restriction: Registrants with conviction involving a minor cannot be within 300 feet “of place where children are congregating,” and face restrictions on ability to be present in schools and parks.  NOTE: Individual cities and counties often have additional more burdensome requirements.  Fla. Stat. §856.022

Visiting Registrants once placed on state’s registry ARE NOT REMOVED.

Duration & updates:

Lifetime.  Petition: 25 years.  “Predators” and certain others update quarterly.  All others update every 6 months.

Florida’s restrictions on registrants are particularly onerous and should be carefully consulted before visiting the state.

TRAVEL ALERT: If you are not currently registered in Florida you should not come here

Every major national or state registrant advocacy group – including NARSOL, ACSOL, Florida Action Committee (FAC) – strongly recommends that you avoid visiting Florida if at all possible.  To this I add my own voice.  Florida’s registry is lifetime for all offenses, no matter how minor.  Florida has no tiered registry – only “sex offenders” and “sexual predators.”  Furthermore, Florida is one of about 15 states where there is no procedure for removal from the registry upon returning to your home state.

As you may have heard in the news, this past year Florida’s governor and state legislature have been on a warpath against anything and anybody they consider to be immoral, perverted or out of step with their political agenda.  I am re-posting below travel advisories recently issued by the NAACP, LULAC (League of United Latin American Citizens) and Equality Florida (LGBTQ+ organization) warning of the risks posed to the health, safety, and freedom of those considering short or long term travel, or relocation to the state of Florida.

It will come as no surprise to anyone reading this post that registered citizens have become easy targets in this war.  In this year’s legislative session bills were introduced that would have:

1. Imposed a “scarlet letter law” that would require the personal information on the front of all registrants’ drivers licenses be in bold red ink.  Failure to do so would be a felony punishable by a prison term.

2. Just to rub it in, required that every registrant’s vehicle license plate must be fluorescent green (yes the word “fluorescent” was in the legislation).  Failure to do so would be a felony punishable by a prison term.

3. Required that any in-state or out-of-state registrant staying at a “vacation rental” for more than 24 hours must register that location within 48 hours.  Failure to do so would be a felony punishable by a prison term.

4. Imposed the death penalty for any sexual conduct with a minor 12 years or younger by vote of just eight of 12 jurors.  The bill uses the term “rape” but anybody reading this blog knows that any sexual conduct with a minor is by definition rape.

It was only with the concerted effort of hundreds of Florida Action Committee members and friends calling, emailing and visiting legislators on a nearly daily basis that the first three of these four bills were defeated.  A couple of members of the committees considering the “scarlet letter law” stated publicly that “I have received more calls and emails about this bill than anything else this session,” which is really saying something considering all the other bills to ban books, outlaw LGBTQ behaviors and activities, outlaw abortion and re-write American history that sailed through the legislature this year and were signed by our illustrious governor to great fanfare.

As to the fourth bill, death penalty for a non-capital crime, that one passed to great acclaim by our state’s morality police.  One of the bill’s sponsors stated (paraphrasing) that anyone who would commit such a crime is “irredeemable” and should be executed.  What we as registered citizens know is that everyone is redeemable. We know that, like all other sexual offenses, up to 95% of all these offenses are committed by a first time offender who never re-offends again.  The fact that you and I have been certified as “completed therapy” is the state’s admission in writing that we are redeemed of whatever offense we may have committed.  Fortunately civil rights organizations beyond FAC have vowed to take the state to court over this obviously unconstitutional cruel and unusual punishment law.

Those of us who are already registered in Florida have resigned ourselves to the fact that we need to keep fighting, year in and year out, against the cruelties of Florida’s war on anything and anybody they don’t like.  If you are NOT already registered here, stay away and keep yourselves off Florida’s cruel, vindictive, punitive and unconstitutional registry.

NAACP

May 20, 2023

Contact: Chyna Fields cfields@naacpnet.org

WASHINGTON – Today, the NAACP Board of Directors issued a formal travel advisory for the state of Florida. The travel advisory comes in direct response to Governor Ron DeSantis' aggressive attempts to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools. 

The formal travel notice states, "Florida is openly hostile toward African Americans, people of color and LGBTQ+ individuals. Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color." 

"Let me be clear - failing to teach an accurate representation of the horrors and inequalities that Black Americans have faced and continue to face is a disservice to students and a dereliction of duty to all," said NAACP President & CEO Derrick Johnson. "Under the leadership of Governor DeSantis, the state of Florida has become hostile to Black Americans and in direct conflict with the democratic ideals that our union was founded upon. He should know that democracy will prevail because its defenders are prepared to stand up and fight. We're not backing down, and we encourage our allies to join us in the battle for the soul of our nation."

The travel advisory was initially proposed to the Board of Directors by NAACP's Florida State Conference. NAACP's collective consideration of this advisory is a result from unrelenting attacks on fundamental freedoms from the Governor and his legislative body. 

"Once again, hate-inspired state leaders have chosen to put politics over people. Governor Ron DeSantis and the state of Florida have engaged in a blatant war against principles of diversity and inclusion and rejected our shared identities to appeal to a dangerous, extremist minority," said Chair of the NAACP Board of Directors, Leon Russell. "We will not allow our rights and history to be held hostage for political grandstanding. The NAACP proudly fights against the malicious attacks in Florida, against Black Americans. I encourage my fellow Floridians to join in this fight to protect ourselves and our democracy."

Following Gov. DeSantis' so-called leadership in driving the state to reject students' access to AP African American studies course in March, the NAACP distributed 10,000 books to 25 predominantly Black communities across the state in collaboration with the American Federation of Teachers's Reading Opens the World program. The majority of the books donated were titles banned under the state's increasingly restrictive laws. The NAACP continues to encourage local branches and youth councils to start community libraries to ensure access to representative literature.

The NAACP encourages Florida residents to join this effort to defeat the regressive policies of this Governor and this state legislature. Interested residents and supporters can visit www.naacp.org for additional information and updates.

LULAC

The League of United Latin American Citizens, or LULAC, has announced a travel advisory for anyone going to Florida, in light of the state’s new immigration law.

Domingo Garcia, the national president of the League of United Latin American Citizens, or LULAC, said Florida’s new immigration law is forcing the organization to do something they’ve only done once before. 

“We’re issuing a travel advisory for anybody traveling to Florida,” Garcia said at a press conference on Wednesday. “Florida is a dangerous, hostile environment for law-abiding Americans and immigrants.”

The law enforces a slew of penalties against people who employ or aid immigrants lacking permanent legal status. 

Starting July 1, employers with 25 or more employees have to use the E-Verify system to confirm new workers’ employment eligibility. Employers who don’t use the E-Verify system will be fined $1,000 per day, according to a graphic on Governor Ron DeSantis’ website. 

Anyone who assists a minor, or five or more immigrants, in illegally crossing the U.S. border will be subject to a $10,000 fine and up to 15 years in prison. Hospitals will also be required to collect and submit data on the costs of providing health care to these individuals. 

Lydia Guzmán, the chair for LULAC’s immigration committee, said she’s concerned this law will prevent immigrants from seeking essential medical care. 

“People will die because of this,” Guzmán said. “That is un-Christian, that is un-American.”

LULAC leaders compare this law to Arizona Senate Bill 1070, which made it a state crime to be in the U.S. illegally. It became known as the “show me your papers” law.

According to the Arizona Republic, the law cost businesses $141 million in lost revenue. Guzmán said Florida could suffer a similar economic impact with the state’s new law. 

LULAC leaders said they are looking into filing a lawsuit in federal court, as they believe immigration laws should only be enacted at a national, not a state, level.

EQUALITY FLORIDA

Equality Florida Issues Advisory Warning For Travel

ST. PETERSBURG, FL -- Today, Equality Florida took the extraordinary step of issuing a travel advisory, warning of the risks posed to the health, safety, and freedom of those considering short or long term travel, or relocation to the state. The move comes in response to a wave of safety inquiries Equality Florida has received following the passage of laws that are hostile to the LGBTQ community, restrict access to reproductive health care, repeal gun safety laws, foment racial prejudice, and attack public education by banning books and censoring curriculum. 

“As an organization that has spent decades working to improve Florida’s reputation as a welcoming and inclusive place to live work and visit, it is with great sadness that we must respond to those asking if it is safe to travel to Florida or remain in the state as the laws strip away basic rights and freedoms,” said Nadine Smith, Equality Florida Executive Director. “While losing conferences, and top students who have written off Florida threatens lasting damage to our state, it is most heartbreaking to hear from parents who are selling their homes and moving because school censorship, book bans and health care restrictions have made their home state less safe for their children. We understand everyone must weigh the risks and decide what is best for their safety, but whether you stay away, leave or remain we ask that you join us in countering these relentless attacks.  Help reimagine and build a Florida that is truly safe for and open to all, and where freedom is a reality, not a hollow campaign slogan.”

Governor Ron DeSantis, who has made the extremist policies the centerpiece of his presidential campaign strategy, has weaponized state agencies to silence critics and impose sanctions on large and small companies that dissent with his culture war agenda or disagree with his attacks on diversity, equity, and inclusion.

Already, the adopted and proposed policies detailed in the travel advisory have led Florida parents to consider relocating, prospective students to cross Florida colleges and universities off their lists, events and conferences to cancel future gatherings, and the United States military to offer redeployment for service members whose families are now unsafe in the state. Businesses have spoken out against the governor’s abuse of state power to punish dissent, with Disney CEO Bob Iger calling DeSantis “anti-business and anti-Florida.” The worsening attacks, especially those targeting transgender youth, have also led to the proposal of policies around the country to provide refuge for those fleeing states like Florida. 

The Florida Immigrant Coalition, a statewide immigrant rights coalition of 65 member organizations and over 100 allies, also issued a travel advisory today, urging reconsideration of travel to Florida and providing critical information about where immigrant travelers can learn more about their constitutional rights. And just weeks ago, Florida chapters of the NAACP voted unanimously to request similar warnings to the Black community about the risk of traveling or relocating to the state.