Expanding registration requirements is punishment without a new crime.
Here’s a question we don’t hear asked when lawmakers propose another restriction on people required to register as sex offenders: What did they do to deserve the new restriction?
We’re not talking about the original offense. We know why they’re on the registry. The question is what they’ve done since. Did they commit another crime? Violate probation? Violate a registration requirement? Or did they simply continue to exist as someone who is required to register?
The answer is the last one.
In 2026, Florida lawmakers expanded residency restrictions to include public swimming pools. The restriction wasn’t limited to registrants who were committing crimes at swimming pools. It applies to everyone subject to sex-offender registration.
In all the debate over HB 45/SB 212, not one lawmaker asked what the 90,000 people on Florida’s registry did to warrant this new restriction. Again, not what did they do 10, 20, or 30 years ago. We know about the original offense. That is why they are on the registry. But the more relevant questions: Did they commit another offense? Did they violate the terms of their probation or supervised release? Did they violate a registration requirement? Were they exposing themselves at a swimming pool? Did they do anything wrong at all to warrant this new ban?
It’s insanity that someone can finish his sentence, finish probation, comply with every registration requirement, stay out of trouble for decades — and still have lawmakers decide 20 years later that he can’t live within 1000 feet of a condominium swimming pool just because he’s on the registry.
Each legislative session I find myself asking the same question; what did we do to trigger the new restriction? Nothing! Nothing at all. It’s our existing status as a “sex offender” triggered it.
And here’s another question that comes to mind each legislative session. Why do lawmakers go to such great lengths to stress that the new restriction is “not punishment”. If it didn’t look like obvious punishment to everyone, they wouldn’t have to mention that, would they?
FAC will never argue that people who commit new sex crimes shouldn’t be held seriously accountable. Of course they should! But if someone has served his sentence, completed supervision, complied with the registry and stayed out of trouble, why should lawmakers be allowed to keep adding new punishments simply because his name remains on a list?
If the canned answer is that registration isn’t punishment, then lawmakers should explain why its restrictions and consequences look exactly like punishment. Can’t wait for this lawsuit to be filed in a few days!
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
This is huge because The Marshall Project already took on original story and co-wrote this story. There are several strong parallels to what we are dealing with, which gives us an established example of the kind of broader public interest story they have been willing to investigate.
We can use that story as a comparison point not to say the situations are identical, but to demonstrate how government policies and restrictions can create consequences that extend far beyond the underlying conviction
Child abuse registries placing mothers for THC exposure mirror this destruction. Both permanently stigmatize and bar employment in hospitals, schools, and childcare. Both create social ostracism and housing barriers. Yet mothers consumed legal CBD products or faced flawed tests no actual harm occurred. Both prioritize permanent punishment over rehabilitation, destroying futures regardless of culpability and preventing reintegration. Two registries, identical mechanisms: permanent marking replaces justice, ensuring desperation rather than recovery. Sad world we live in
https://www.cbsnews.com/news/thc-tests-land-new-mothers-onto-child-abuse-registries/
Although I’m sad for the individuals involved, I’m glad society is getting a peek at what life is like for us. Life always looks a whole lot different when you’ve walked a mile in someone else’s shoes.
Anonymous
I have been walking in the same shoes for 30 years, if you get my drift. Never ending punishment, well after sentence, and no, I am not alone so not woe is me, but woe is ALL of us. Weird we have almost 1 million, or maybe more in the same situation. And that does not even factor in the families that are being punished along with us, for example, not being able to go to Disney World with our grand kids, not being able to attend a PTA meeting at the school for our kids.
I could understand if we were still on probation, but it seems I had more freedom on probation back in the day than I do off of probation and all sanctions. (Other than things the registry continues to punish us with)
We are all kicking the can down the street because we go over these same challenges daily but seems nothing really changes, accept when it gets even worse, which seems that is what is coming. By that, I mean each session they come up with more fun things to gift us with like not being able to go certain places, jumping through hoops for a vacation and a list longer than the state of Tennessee. I love surprises and gifts, but just not the ones the legislators come up with, they can keep those.
The answer is to sue!!!
Ryan
It takes a village and that is where F.A.C comes in. The problem is, many like myself, do not work and are barely getting by and really do not even have a dime to spare. The only reason I am not homeless is that my home is paid off (Paid it off 20 years ago before I became disabled).
I get 24 dollars a month in food stamps and Medicare, so if I find a penny on the ground, I am going to pick it up and save aluminum cans I find along the road. Once a month I cash those cans in for about $8. Hey I am rich woo hoo. I may have to drop my $40 a month internet if things get worse and then no more Cherokee Jack online.
I can no longer work, but even if I could, being on the registry while working has a lot of hate from other employees who find out and spread the word. Then you either get fired or are so embarrassed that we quit.
Cherokee, You can still join as a member. The $5/month dues are voluntary. It’s free. Why wouldn’t you sign up as a member? You certainly receive value from the organization.
Please all sign up!! FREE I didnt give got first few months but this new endeavor is the village all 870000* nationally benifit of we win.
Having been a realtor for 18 years, I have to ask…
How are you paying property taxes?
Will
That is a hard one but It comes once a year in December and I save every penny I can.
If the registry is about notification, protecting the community, and lowering recidivism, why is there no national public registry for crimes that have a high rate of recidivism? Something as “simple” as DUI’s, drug offenses (dealers and users), theft charges. My ex wife for example, got off of probation for a DUI, and within a month, it escalated to another DUI, but this time it was for causing great bodily injury from a head on collision with a pregnant woman. She violated probation several times for drinking and using drugs before finally being sent to prison. Meanwhile, she is still on and off of the “wagon”, and most likely still driving under the influence, where she could possibly be reoffending and possibly still injure or kill someone. What are the statistics for DUI cases with and without injuries as opposed to offenses sexual in nature and a comparison of recidivism? How many are out there under the influence that are not getting caught? These are the same comments and concerns about us that are forced to register, aren’t they?