FAC Weekly Update 2025-12-30-When Compliance is Impossible
Weekly update for December 30, 2025. This is recording number 346
Dear Members and Advocates,
This week, as we close out 2025, we want to draw attention to a situation that highlights a fundamental flaw in Florida’s registration scheme: what happens when the law requires compliance, but the government makes compliance impossible. Here’s the hypothetical scenario… During the winter holidays, a person required to register as a sex offender travels to Florida to spend time with family. He or she establishes a temporary residence (of three or more days) which triggers a duty to register within 48 hours. Acting in good faith, the individual goes down to the registration office to comply—only to find a sign on the door stating the office was closed for the holidays.
A couple days ago, a member in Polk County shared a picture he took of the closed door at the registration office. On the door was a sign saying the office was closed Wednesday, Thursday, and Friday for Christmas. Those closures ran directly into Saturday and Sunday, when the office is ordinarily closed, creating a continuous 132-hour period during which registration was impossible. He could have camped outside the registration office for 48 hours straight – two periods of 48 hours, actually – and there would still be no opportunity to register nor anyone there to register him. Whose fault is that? Unfortunately, under the current statute, it’s his fault. That’s because Florida’s registration statutes say nothing of the situation.
The registration statutes also say nothing of knowledge. We recently had an actual situation where a couple dozen people in Highlands County were arrested for failure to register their mobile or “manufactured homes”. These were not RVs or travel trailers, we’re talking “double-wides” that are permanently affixed to the ground for decades – something you’d never see driving down the road. It’s not like they didn’t register them as their permanent residences, but they didn’t also register them as vehicles. Something most people with common sense would never know or think you had to do. But they were arrested nevertheless. Many of our members wrote in to ask about that one and the truth is we didn’t know. We asked among the network of attorneys we are in touch with and they didn’t know either. FAC even wrote to the FDLE for a declaratory opinion and never heard back.
How are you supposed to comply with a law you don’t know exists or is so vague and random that legal experts don’t know the answer and the FDLE refuses to tell you? How are you supposed to comply with a law that mandates IN PERSON reporting within 48 hours, when the place you must report to within 48 hours is closed for 132 hours? Suddenly all these “within 48 hour” triggers become traps!
As the Florida Supreme Court noted in State v. Giorgetti, “the sexual offender registration statutes provide no explicit guidance as to whether the Legislature intended there to be a knowledge requirement for proving a violation of the statute” and the “statutory provisions dealing with the sexual offender registration requirements simply contain no express direction” for dealing with these scenarios. Unfortunately, these scenarios are not unusual. They are quite common. The holidays bring a surge of travel to Florida, and Florida law contains numerous “within 48 hours” triggers. When those rigid deadlines collide with extended government closures, people are placed in an impossible position.
So, is impossibility a defense? Florida appellate courts have recognized – albeit narrowly – that a person cannot be convicted for failure to register when compliance was prevented by government action. In Barnes v. State the First District held that it was error to deny a jury instruction where the defendant presented evidence that he attempted to comply but was misinformed or otherwise prevented from timely registering. Also, the United States Supreme Court’s decision in Lambert v. California stands for the proposition that punishing a person for passive noncompliance without fair notice or a meaningful opportunity to comply violates due process. So when a registration office is closed for days at a time or one county’s interpretation of the law differs from the reasonable interpretation by other counties, the opportunity to comply with that law is illusory.
But here is the harsh reality. Even when impossibility is a viable defense and even when a case is ultimately dismissed, the damage is often already done. Under section 943.0435(11), Florida Statutes, a person is permanently barred from petitioning for removal from the registry if they have ever been arrested for a registration offense. That lifetime consequence applies even if charges are dropped, the case is dismissed, or the person is acquitted. A locked door, a holiday closure, complete lack of knowledge over one detective’s interpretation of a requirement can still result in an arrest that forever forecloses any chance of removal. And when we ask the FDLE for guidance on manufactured homes, internet identifiers or what to do when our registration offices are closed… they ignore us!
A system that demands perfect compliance from us while simultaneously allowing for situations where it is impossible to comply is neither rational nor just. It is why, as we enter 2026, we must intensify the fight to reform registration laws that are not merely harsh in theory, but devastating in practice. A system that criminalizes people for failing to do what the government itself makes impossible—and then imposes permanent, lifelong consequences based solely on arrest—is fundamentally unjust and incompatible with due process.
Too often, critics misunderstand FAC’s mission. This work is not about excusing noncompliance any more than it is about defending sexual misconduct (which we certainly do not do). It is about defending the Constitution. It is about insisting that laws be rational, effective, enforceable, and fair—and that no one be punished because the government locked the door in someone’s face and then blamed the person standing outside.
In 2026 we intend to double down on that mission by advancing strategic litigation, pursuing legislative reform, and expanding education efforts aimed squarely at exposing these unconstitutional, impossible and ineffective schemes, and putting and end to the injustices that happen to us every day.
FAC is a community that refuses to accept injustice as inevitable! So have a safe and happy New Years, and let’s make 2026 a year of continued meaningful progress!
Sincerely,
The Florida Action Committee
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It is weird but I seem to be the ONLY prior registrant that is NOT required to register in Florida. I am now here to impact elections for change in Florida. Chaplain Rob
Robert
Be careful what you say on here, it can come back on you. My friend who was in the military was bragging that he was allowed to go on the base even though no one else could. A month later he was banned from going on base. ( He passed away soon after that)
There are people who read what we write on here who are NOT in our group who seek to take us down so be careful.
As a Chaplin I know you don’t walk in fear, just be careful please, you don’t want to give Florida any ideas. I was re-troactively applied to the registry, years after my charges.
Well, my kids are grown and living on their own now. But, when they were kids, we were the only family in the entire area that had children. And we were the ones punished by the state.
We were subjected to constant checking by the local police, crazy neighbors, even harmful threats to the family and residence by strangers because of the registry. These same politicians pretend to care for the safety of kids, except the kids of registrants.
What the registry attempts to prevent is NOT possible.
Facts
The only thing that might be useful is if someone does re-offend there is a current photo on the registry, and the victim could possibly pick the person out in the proximity of where they live. But also, that could backfire, causing an innocent person to be accused.
And on the other end, once you are on the registry, once neighbors see you are on the registry, the entire neighborhood turns on you. I live alone just for that reason because I do not want my family to be home when a rock is thrown through the window, or their tires are cut and maybe worse.
Actually, that senario you mentioned would be so statistcally rare, it’s not even worth mentioning. Sure, the registry would be the first thing cops would use to narrow the suspect pool, but chances are it, would be an individual with zero criminal history.
Yes, the neighbors want us all to die immdiately, move or be locked up in prison. Also, I’m privy to your plight and history with the registry and it’s soul-wrenching. It would be obtuse and dismissive to say “you are not alone” because that would imply “we’re all in the same boat” – which we’re not. We’re actually all in a solo raft with our own unique challenges, headwinds and obstacles we’re forced to tolerate just to exist.
The reason I said what the registry tries to mitiage or curtail is an act of futility is because I wanted to highlight the absurdity of the “public safety tool” lie that the media and lawmakers have latched onto. It all stems back to the Kankas.
Not to get off topic, but the reason we’re all being witch hunted and scapegoated is because the parents of all these horrific and high-profile sex crime victims were NOT charged with contributory neglience and held responsible at the time like what is more commonplace today, so what happened instead? The courts and LEOs pivoted and gave them an out – because of the lame “they’ve been through enough already” lame excuse” – their solution instead was to begin scapegoating and making an example out of everyone with a privious sex crime conviction.
The registry was sold as a magical prevention tool all because of Maureen’s “if I had only knew he lived down the street” lie to the media.
So, instead of hating the sin and not the sinner, they began to persecute and oppress ALL sinners and here is the unspoken truth: society only values truth if it’s an emotionally-driven topic that directly effects them. So now it’s a free-for-all boondoggle where everyone benefits except us.
The reason all the offices are closed is not a “staffing shortage” issue, it’s probably intentional so we get hit with a new charge – then they can sit back and claim “they know the rules and what’s expected of them.” They KNOW we don’t reoffend, so they have to fabricate with hurdles and tripwires to get a new charge, then it’s a called a “new offense” in order for them to sit back and claim “You see, the registry works as intended!”
Thank you once again for all you do FAC and the attorney’s that fight for us. I just started 2026 with a Donation to the County Ordinance Challenge. I plan to donate the same amount for the next 12, well 11 months. If you believe in the cause we need to stand up for the cause.
Happy New Year everyone.
Tearful
If the Florida registry ever gets over turned and F.A.C goes away (In a good way) we will have to have a big celebration party at the convention center and all of us can finally meet in person and start our new lives moving forward.
If this doesn’t happen, I have volunteered for the first Mars landing, which is probably a one-way trip. I am sure they will still send me registration papers to sign.
We are free to meet in person NOW at FAC meet-and-greets and at any other time (except where prohibited by court instructions).
Crazy thought here but has anyone really sent an email to a house member and senator with a SORNA Solution? To me there really is a fix for all this nonsense.
1. Anyone who’s offense was before October 1997 comes off the registry immediately
2. Anyone who’s offense was after October 1997 must abide by the following:
a.) subject to the laws in effect at the time offense
b.) Nonpublic registry for those offenses that are misdemeanor.
c.) 3rd Degree Felony and Misdemeanor automatically removed after 5 years with no arrests
resulting in a conviction.
d.) 2nd Degree felony automatically removed after 15 years with no arrests resulting in a
conviction.
e.) 1st degree felony automatically removed after 20 years with no arrests resulting in a
conviction.
3. Only those with 1st Degree felonies have to do in person reporting 3 times a year
4. Those with 2nd Degree Felonies report in person 1 time a year in their birth month and a
certified letter six months after their birth month with same form we currently get
downloadable from the website.
5. Those with 3rd Degree Felonies report in 1 time a year in their birth month.
6. Those with misdemeanors Mail in by certified mail the form we currently sign now.
This will allow Law enforcement to better serve our community in this area by catching those who are truly a danger. We all know and studies show, recidivism rates are between 8 and 13% well below any other offense and the latest study showed only 1% of Florida SO’s reoffended with a new Sex Offense. We also know that About 88 to 90% of offences are committed by someone the victim knows. The way to combat that starts with educating our kids, educating the public on warning signs etc.
If I thought, we had 4 or 5 members in the house and senate who would give this a thought I would be happy to present it to them.
That’s a start. The only thing I disagree on is the automatic removal IF no arrests resulting in conviction. I had an FTR a few years back because my step dad changed his license plate and forgot to tell me. Granted I didn’t get any jail time or probation just the conviction but still, now I’m stuck for life.
This is a powerful and empowering declaration for the end of 2025! Thank you so much for caring, sharing and insisting the forward progress continue!
Agreed. For some reason, I have serious doubts that the lowly paid, ill-informed correctional officers on duty would be instructed that any and all registrants taking refuge in the jail due to cold weather would be allowed to leave at any time on their own. Once you’re behind locked doors, you stay there until they decide to open them, not at your request.
This could be an interesting study however. If you think about it, If they do not release you the moment you demand to leave, any delay would be construed as unlawful imprisonment. This Kidnapping would be a lawsuit waiting to happen. There is no way that I would even consider voluntarily allowing them to lock me up. Also if you happen to be assaulted while in the Jail seeking shelter then they would be liable for that as well. Being subjected to a strip search would also be a violation of the 4th Amendment as that is the only shelter provided. They would have to treat us like every other shelter provided to the citizens and I cannot see them doing that.