FAC Weekly Update 2026-06-02-What You Need to Know About the New July 1 Laws
Weekly update for June 2, 2026. This is recording number 373
The July 1st Changes Are Coming – What You Need to Know About the New Laws
Dear Members and Advocates,
Next month, one of the more significant expansions of Florida’s sex offender laws in recent years will take effect. On July 1, 2026, CS/CS/CS/SB 212 (formerly HB 45) becomes law, creating new residency restrictions, expanding exclusion zones, increasing law enforcement powers, and imposing additional restrictions on supervised individuals.
This week, we’re taking a deep dive into exactly what changes, who is affected, what the practical consequences may be, and what you should be doing now to prepare. We will also be discussing what FAC is doing in response.
New Places You May Not Be Allowed to Live
If your qualifying offense involved a victim under 16 and you are subject to Florida’s residency restrictions, you already know you cannot live within 1,000 feet of a school, park, playground, or daycare. Starting July 1, the list expands to include “public swimming pools”.
A “public swimming pool” can include: City and county pools, community pools in subdivisions and HOAs, apartment complex pools, condominium pools, Trailer park pools, or pools in churches, community centers, or public facilities. “Public Swimming Pools” are not just pools. The definition includes all water recreation facilities such as splash pads.
In practical terms, this means there will be fewer places available to live, particularly in densely populated areas where apartment complexes and subdivisions often have pools.
People who are currently living within the new exclusion zones will not be forced to move, but if you decide to move, you will become subject to the restriction. A big uncertainty remains – what about pre 2004 registrants? Previously, the statute did not apply to people who committed their offenses prior to 2004. Now, the statute says that if you change your residence, you become subject to it.
Enhanced “Proximity Ordinance”
The law also creates new restrictions on knowingly approaching or communicating with anyone under 18 within 500 feet of certain locations that include schools, parks, playgrounds, daycare centers, public swimming pools or places where children were congregating. This does not mean you automatically commit a crime by walking past one of these locations. However, it creates new opportunities for misunderstandings and allegations if law enforcement believes prohibited contact occurred. This is not limited to communicating for a sexual purpose, this includes any communication. As always, avoid situations that could be misinterpreted.
Police Can Arrest First and Ask Questions Later
One of the biggest changes in the law may receive the least publicity. Beginning July 1, law enforcement officers can make a warrantless arrest if they have probable cause to believe someone violated these restrictions. In plain English, that means that prior to July 1, officers would investigate and seek a warrant. Now officers may be able to arrest immediately based on their subjective determination that a violation occurred. Whether that ultimately results in a conviction is a separate question, but the arrest itself can have serious consequences, including never being able to petition for removal from the registry.
Additional Probation Restrictions
For individuals sentenced after July 1 for qualifying offenses, courts may impose additional supervision restrictions related to these newly covered locations. If you are currently on probation, community control, or conditional release, you should discuss any questions with your supervising officer or attorney before assuming existing rules remain unchanged.
What Should You Do Before July 1?
Chances are, if you were in a home that complied with the statute, you won’t be asked to move but make sure you have the telephone number to an attorney who specializes in these matters handy (a list of referrals can be found on our resources page). Regardless, you should still determine whether any “Public Swimming Pools” are located within 1,000 feet of your residence, especially if you live in an apartment complex, trailer park or community that has a pool. If you’re safe and comfortable where you are, now is the time to renew your lease for as long as you can.
You also need to be super vigilant whenever you are within 500 feet of a school, pool, park, etc. One of the biggest problems with this law is that there are no lines on the ground showing you what’s 499 feet away and what’s 501 feet away. Young adults also don’t wear tags that identify them as 17 or 19. Since communicating can include something as benign as ordering a meal at a restaurant, if your server is not clearly over 18, you might be best off changing tables. A best practice is avoiding any communication with someone who appears to be under 18 wherever you go and identifying a few places you frequent to ensure they are far outside the buffer zone. You may need to stop at a different gas station a bit further out, but peace of mind is worth it.
Document everything and make sure your paperwork is handy. Maps of places you frequent, copies of the statute, lease documents, utility bills with your name on it and other records may become important if questions arise. You want to make sure these are all readily available and someone you know has a copy. If you’re arrested and in jail, finding these documents will be a lot more difficult than if you have them ready to go.
Ask questions NOW before problems arise! The worst time to discover a misunderstanding is after an arrest. If you are uncertain whether a location qualifies under the statute, seek clarification from an attorney familiar with Florida registry laws. If you are on probation, ask your officer. If you are off probation, you can contact the FDLE or your local police department and try to get your answer in writing. If they refuse to put it in writing, section 120.565 of Florida’s Administrative Procedures Act (APA) authorizes any “substantially affected person” to request an agency’s opinion on how a statute, rule, or order applies in particular circumstances. Reference the APA in your request and be sure to save a copy of your request and their response. We have put a fill-in-the-blank template request on our website, which you can use.
What is FAC doing now?
Short answer: Suing. FAC has retained the law firm of Winston & Strawn LLP to bring a constitutional legal challenge. This challenge will be led by Michael Kimberly, one of the nation’s premier appellate advocates. He has extensive experience litigating constitutional challenges to state laws and regulations, he has built a reputation for handling complex cases involving fundamental constitutional rights. Mr. Kimberly is a Yale Law School graduate and longtime professor of Supreme Court advocacy at Yale.
Every victory FAC has achieved has been made possible by members and supporters who stepped up when it mattered most, and NOW is when it matters most. As a non-profit supported solely on member donations, one of the most uncomfortable things we have to do is ask for donations, especially from a population that doesn’t have much to give. But if you want to help create meaningful change, you need to pitch in. No donation is too small, and every dollar helps fund the fight. Until the case is resolved, 100% of all donations made to our General Legal Fund will go towards this case and you can donate here: https://floridaactioncommittee.org/donations/ (be sure to select ‘General Legal Fund’).
The challenge ahead is significant, but so is our determination. Together we can make it happen!
Sincerely,
The Florida Action Committee
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I live right next to a school. I moved there before they made that law. It was 500 feet when I moved to my current house, but now it is 1000 feet. Someone reported me once saying I lived too close to the school and FDLE actually stood up for me. I have lived here longer than anyone on my street with the exception of 3 other families who have lived here since the houses were built.
If I ever moved, I guess I would get put on the 1000 foot rule. Geez, some places even have 2500 foot rules and many cities have no places at all for new registrants because there is a school, park or other restricted areas close to them.
What I do not like is the deputies come to my house randomly and my luck is I am mostly not home when they come so they put Yellow signs on my door stating SEX OFFENDER if I am not home. How is that fair? Is that not compelled speech?
Probably the only good thing that came out of my conviction in 2002 is that the judge wrote in his sentencing memo that I was not prohibited from living within 1000 feet of a school, church, nor was I prohibited from being around anyone under the age of 18. When I got out of county the probation officer I had tried to get me arrested because I lived near a school bus stop. The judge in my case then issued a clarification of sentence which specified everything that I was not prohibited from. Probation never bothered me again even when I moved to where I live now with a high school practically in my back yard.
I also had to have my probation “clarified” by the judge three times from 1999-2007 in order to prevent Florida DOC from attempting to impose unlawful and never-imposed conditions on me. In 2007, they tried to get me to sign an actual sentencing document to retroactively “agree” to illegal conditions. The judge ordered them not to do it again and said she would hold the probation supervisor in contempt of court if they tried it again. That actually helped to get my probation converted to administrative probation in early 2008.
I was given 7 years of SO probation but after 3 a judge also put me on administrative probation,
Administrative/non-reporting is better than SO probation!
As I’ve read this new amendment to the statute, PFR’s whose offenses pre-dated Oct 1, 2004, are NOT prohibited from living within 1000 ft. of a public swimming pool, and are still not prohibited from living within 1000 ft. of schools, parks, etc. I am NOT a lawyer, though.
RayO Here is the part of the Statute:
2. Any person who is subject to the residency restrictions in subsection
(2) or subsection (3) who changes his or her permanent residence on or after
July 1, 2026. As used in this subparagraph, the term “permanent residence”
means a place where the person abides, lodges, or resides for 3 or more
consecutive days which is the person’s home or other place where the person
primarily lives. For the purpose of calculating a permanent residence under
this subparagraph, the first day that a person abides, lodges, or resides at a
place is excluded and each subsequent day is counted. A day includes any
part of a calendar day.
Subsection 2 states:
(2)
(c) This subsection applies to any person convicted of a violation of s.
794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that
occurred occur onor after October 1, 2004, andbefore July1,2026,excluding
persons whohavebeenremovedfromtherequirementtoregisterasasexual
offender or sexual predator pursuant to s. 943.04354.
Subsection 3 states:
(3)
(c) This subsection applies to any person convicted of an offense in
another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s.
827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after
May 26, 2010, and before July 1, 2026, excluding persons who have been
removed from the requirement to register as a sexual offender or sexual
predator pursuant to s. 943.04354
I too am not a lawyer, legal scholar and this is only a layman’s reading, but it seems to me that if you are pre 2004 You are not under this new law as it applies to the residency part. But as FAC always says. The registry is a “Trip Wired Maze”
That’s not true as there was a 1,000 foot rule when I walked out of county in 2003. I had planned on living at a friends house for a couple of months while looking for a house to buy and the probation office sent out an officer to measure the distance between where I was going to stay and a church that was nearby which was less than 1,000 feet away. My attorney filed an emergency motion and the judge told the probation office that they were wrong. After I bought my house, they tried to tell me that I lived too close to a bus stop. That’s when the judge issued the clarification of sentence memo. They never bothered me again after that.
I do understand FAC retained and are sueing. Is there somehow to create a website, communication to the attorneys they can see our gratitude and where we can post that specifically. Know they are paid but also maybe seeing the support helps too for the cause
We will be seeking declarations. If you are impacted by the new laws, you can submit a declaration.
What happens if your job is 500 feet of one of these locations. A 17 year old walks in to where you work maybe you know age or not but supposed to now not engage in your job of customer service?
So if you employed at a place that hires people under 18 you have to quit your job?
Good question and if the answer is yes it goes against our right to life, liberty and happiness. IMHO