Florida Supreme Court to Review “Sexual Predator” Driver’s License Labeling
A case with major implications for the constitutional rights of those on the registry is now headed to the Florida Supreme Court.
Attorneys for Michael Crist have filed a notice seeking review of an appellate decision that upheld Florida’s requirement that people classified as “sexual predators” have that exact phrase printed in bold letters on their driver’s licenses. Crist, who was accused in 2019 of trying to cover the label with a sticker, argued that the mandate violates the First Amendment by forcing individuals to carry and display the state’s message on personal identification.
While the 5th District Court of Appeal rejected that argument, Judge Scott Makar issued a powerful dissent, pointing out that compelled government speech must be narrowly tailored. Other states, including Louisiana and Alabama, have already ruled that such branding is unconstitutional. Makar noted that Florida could easily use a less intrusive method, such as a statute number or internal code (as it already does for individuals labeled “sex offenders”) rather than plastering stigmatizing words across an ID.
The majority opinion tried to downplay the harm by claiming a license is “normally hidden from public view.” But as we all know, driver’s licenses are constantly required to be shown — at airports, banks, workplaces, when buying alcohol or cigarettes, when purchasing with a credit card, and more. Forcing people to repeatedly display a scarlet-letter label turns every interaction into an act of public shaming.
Supporters of the law, including former State Senator Lauren Book, have framed the designation as a “community safety tool.” But branding IDs is not about safety. Have people historically shown IDs before they committed a sexual offense? It is about punishment and perpetual humiliation — a burden that extends far beyond a prison sentence and undermines the basic constitutional protections that are supposed to apply to all citizens.
The Florida Supreme Court now has an opportunity to consider whether compelled government speech in the form of scarlet-letter driver’s licenses crosses the line into unconstitutional territory.
We will continue to monitor developments closely. If the Court agrees to hear the case, it could open the door to meaningful change.
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We can only hope that the court uses some common sense on this issue and removes the designation from drivers licenses. Because there are those in Tallahassee who will continue to push for SPs to have license plates with such a designation.
George
Let us pray the license plate notation would not be approved. However, that may be what it takes to end this as no one in their right mind would disagree that, that would be the “Scarlet letter” on steroids.
License plate legislation was withdrawn following our Call to Action.
In 2023, Jay Collins, our Lieutenant Governor, and Senator Lauren Book pushed for green license plates and red lettering on driver’s licenses. SB 1252.
Very scary.
They are following what OH does with their OUI/DUI license plate laws.
TS
The difference is, no one is going to attack you or vandalize your car for having a DUI tag. Not saying I agree with them being labeled either but would gladly trade that moniker for the ones me and many others have.
Here you and agree.
Besides, in OH, it takes many more than one incident to be OUI/DUI registered.
What purpose does that serve. Just like the distance in living. None of that justify the never ending harassment of living your life. A person who murdered another person does their time and starts their life over. That’s it. No continuing sentence. Let the people know the real stats on those who re offend.
Ede
You are speaking to the choir. We all know and agree these Draconian laws are punishment, but because a judge says they are not, it is the law of the land. If they can get away with it, no telling what else they could do to us. I sometimes feel like I had more rights when I was in prison than I do in the “So called” free society.
Lawmakers and politicians know that they can propose more BS laws and keep getting elected. It’s an uphill battle to convince the public while politicians keep spewing lies to promote a police state.
My father is struggling with dementia. Once about a year ago he went missing for an extended period of time. I called non-emergency and made contact with local P.D. I just wanted to give them a picture of my father and see if they could keep a lookout for him.
The Officer asked for my DL. He saw the scarlet letter on my DL and immediately called in 9-1 code into dispatch. Then he left not even taking my father’s picture nor giving me an incident number for the call, so that I could make a formal missing persons complaint later.
I feel like I can’t call emergency services because of the compelled-instant-bullsht on my DL.
I later found out my father had been taken to a hospital because he passed out from heat stroke.
This scarlet letter isn’t just an inconvenience; it put my father at risk as well.
This is great news in my opinion. The worst place to be is in limbo right. Which is where those who have to label with words on their Licenses are right now. This can only go 1 of 2 ways. Keep it or remove it. If they follow case precedent from LA and AL and SCOTUS in the NH case this should be a win. While our Licenses are usually kept in our wallets which is true: to a degree. Doctors, banks, clubs, gyms, stores if applying for a credit card, stock brokage accounts, picking up packages from the Post office; all require id. So, while no one rides around with a sign on our back which would be compelled speech, every time one of the above happens we kind of do in the form of showing our license.
Just my two cents without the coffee
While thos may seem overboard, thos is something Black people have dealt with based on skincolor. We are daily monitored like kids who’ll steal at the drop of a hat just because we exist in our dark skin. Racism created this division based black and white privileges, which was designed by European concept meant to defame another group over another. Racism has allowed the white collect to get far far far ahead so much that others will never be able to catch up, no matter how hard blacks, browns and reds try, but we constantly say Racism doesn’t exist. Remember that Racism encompasses bias, hate, jealousy, classism, casteism. Nepotism and colorism. It’s deeper than one point of view. Whats the solution, well mankind will need to seek a higher power over Greed and Financial prowess so all mankind can be equal to each other.
And it will continue by recent SCOTUS ruling, sadly, for those of Latin American heritage as well in CA and across the country. Just by being who they are naturally is enough, as the court opined, for reasonable search. Not the point of this point nor a political stance, but the truth of the slippery slope, unfortunately.
Let’s pray it does! We could use some positive meaningful change!!