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!
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You Hit the Nail on the Head with what you wrote.
Written and sent to all major news outlets over 400
In any other contractual agreement in America, internationally and in most all other countries it is not legal for th side with all the power to change a contractual agreement by force on the part of the party with no power.. yet here we are….Being told not to break a law by a government that can’t bother itself to follow a law .. How long will we continue to accept the hypocrisy?
When I accepted a “deal” in 1998 the registry was explained to me that they DO NOT show a name or address. However, there might be a “big red dot” on a map covering a block where a registrant lives but my details won’t be public. It was to be for the police mostly and that was it.
So I have held up my end of the deal, but they keep changing their end. How can that be legal?
Under the Fifth Amendment to the U.S. Constitution, double jeopardy protects individuals from being prosecuted or punished twice for the same crime. It blocks a retrial after an acquittal or a conviction, and stops the state from giving multiple punishments for a single offense.
This is exactly what’s happening and they need to except it and abolish the registry.
R.H
When I was a young lad, I would ask for a cookie and my dad would so no. Instead of saying, ok, I simply asked, “Why can’t I have a cookie?”. My Dad would respond “Because I said so”. That is the same thing the courts are doing this to us, “Just because they can” and with no further explanation.
They are playing with our lives, and not just ours, but our families are affected as well. Going on vacation, a hotel, a park, an amusement park and many other places we are told not to visit. I would fully understand if I was still on probation, but get this, I did ALL of those things while on probation without a single no from the probation officer as long as I gave dates, locations and who I was with.
But now off of all sanctions, myself and others have had dump truck loads of new requirements to stay out of jail and don’t pass Go!
I couldn’t agree more!!! Thank you FAC for everything you do!!!!!