Florida Should Adopt Federal SORNA Tiers Instead of Lifetime Registration for All

[NOTE: We will preface the following argument by saying that FAC believes the sex offender registry should be abolished. We do not deviate from this position; however, the reality is that federal law requires the states to maintain a registry. Unless/until we are successful in repealing SORNA, state affiliates are limited in what they can do on the state level. By failing to comply with SORNA, Florida risks losing access to federal funding, which legislators naturally want to keep. Adopting the federal tier system, as opposed to Florida’s current “SORNA on steroids”, would allow the state to keep its funds and ensure persons required to register adhere to federal law. It would also fix many of the problems plaguing the Florida registry.]

The State of Florida should align its sex offender registry requirements with the federal Sex Offender Registration and Notification Act (SORNA) tiers rather than maintaining its current one-size-fits-all system of lifetime registration. This shift would address several critical issues, including the unsustainable growth of the registry, the problem with aging registrants, the inclusion of individuals who no longer pose a threat to public safety (or are no longer here), and the state’s potential loss of federal funding. Adopting SORNA’s tiered system would create a more equitable, efficient, and evidence-based approach to managing sex offender registration.

Florida’s sex offender registry has grown exponentially over the years, making it increasingly difficult for law enforcement to effectively monitor those who truly pose a threat to public safety. In Florida, thousands of people are added to the list each year with no attrition. The registry includes individuals convicted of a wide range of offenses, from non-violent and low-level crimes to more serious offenses. Without a tiered system to differentiate risk levels or lower-level individuals coming off the list, the registry becomes overcrowded and less functional as a public safety tool. SORNA’s tiered approach, which categorizes offenders based on the severity of their crimes and their risk of reoffending, would allow Florida to focus its resources on high-risk offenders while reducing the registry’s size and improving its efficiency.

Florida’s lifetime registration policy impacts aging registrants, many of whom face significant challenges in accessing basic needs such as housing and healthcare. Under the current system, aging registrants are often barred from entering assisted living facilities due to restrictive residency laws and the stigma associated with registration. This leaves elderly individuals—many of whom are no longer a threat to public safety—without access to essential care and support. By adopting SORNA’s tiered system, Florida could allow low-risk aging registrants and individuals whose offenses were decades ago to eventually be removed from the registry, enabling them to access assisted living facilities.

Florida’s current system includes individuals who are no longer in the community, such as those who moved out of state, have died, or were deported. This inflates the registry’s numbers and creates unnecessary administrative burdens. SORNA’s tiered system only requires registration where someone resides, works or attends school. Florida keeps people on the list if they ever lived, visited for three or more days, worked, or went to school. Even if that was years ago and they never returned! Removing these people from the public registry would prevent the dilution of the registry with people no longer in the community. This would also reduce the unnecessary stigma and collateral consequences faced by individuals who have long ago left Florida. For these people, the registry is not a public safety tool by any argument, but strictly a punitive shaming tool.

Registration imposes severe collateral consequences on registrants, including barriers to housing, employment, and social integration. These consequences often extend to their families, creating cycles of poverty and instability. For low-risk offenders who have completed their sentences, lifetime registration is a disproportionate punishment that hinders their ability to ever contribute positively to society. SORNA’s tiered system provides a pathway for low-risk offenders to eventually be removed from the registry, promoting rehabilitation and reducing recidivism.
Florida’s current lifetime registration policy is overly broad, inefficient, and counterproductive. By adopting SORNA’s tiered system, the state can create a more targeted and effective approach to sex offender management. This would allow law enforcement to focus on high-risk individuals, reduce the registry’s size, and provide a pathway for low-risk offenders—including aging registrants—to reintegrate into society. Additionally, aligning with SORNA would ensure Florida retains federal funding and brings its registration requirements in line with national standards. Such a change would not only improve public safety but also uphold principles of fairness and proportionality in the criminal justice system.