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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The other fact not being mentioned here is the label of SVP is a medical community (mental health) derived term and is determined by those who have the credentials to determine it as seen online when researching the process involved. Therefore, there are potential HIPPA violations in place here using a mental health derived term publicly on a ID/DL by the state. That needs to be communicated to the lawyers who are fighting this designation.
If you list one medical determination, then you need to list them all regardless of the potential harm or none.
Mr. D
currently HIV and AIds are incurable. This country tried prohibition and it failed miserably as did the war on drugs. I take great offense to the suggestion that people should be exiled. It neither addresses the issue or offers a reasonable solution. B
Mr. D
The majority of registrants are not pedophiles. The average person cannot differentiate between an offender, predator or whatever label that you want applied. Pedophilia needs to be diagnosed by a medical practitioner.
Mr. D
I agree to an extent, but your statement doesn’t address the matter at hand. LEO has access to data that would show up if they check my ID or license plate. No one else needs to have that information.
Why not it should be public information period, which it is really if you research that person.
So if a person’s information is already public, it shouldn’t have to be printed on their drivers license.
Right?
It still should be on their license so that landlords, schools and churches can know who their dealing with. YOU MIGHT BE A GREAT REFORMED PEDOPHILE BUT WHAT ABOUT THOSE WHO ARENT. Pedophiles can never be cured its an innate characteristic in many unfortunately.
So, Mr. D, what you are saying is that everyone who commits a crime no matter how long its should have their license branded? Like I don’t know. DUI offenders, Bank robbers, Store looters and Grand theft, Car Jackers?
Just curious on your thoughts on this.
That is very false information
Mr. D
Misinformation cannot be cured either. Once it is out there on the internet, it is there forever in most cases. Hard to take back what was said and sometime, with all the evidence in the World, some will never agree on certain subjects. So, we all agree to disagree.
There are good and bad people in all walks of life, but most of those people have the ability to change if they actually work towards progress, change and sometimes help such as therapy. One thing I do agree with you is, a handful of people will never change but that is their choice to make.
I personally stand by the decision of the classification and if not written maybe use a different style license to denote this person is a predator. No different then my license identifying me as a black male.
There is a big difference, a black male would get treated normal. But put a black male with a sex predator tag, you will be, treated the same as a white male with a sex predator tag on your license. Sex offenders have no color my friend, all they see is that your a child predator and are an incurable disease that has no rights to anything
No government issued ID card has ever accurately diagnosed anyone as having an “incurable disease.” Disease is not even mentioned in Florida’s driver license statute.
Nor is there any “incurable disease” exception to the Bill of Rights.
My point is that is how the general public and government officials think of us having an incurable disease
Then if you are going to go with “incurable disease” on a DL, you need to start listing those true incurable diseases on DLs etc (medical conditions) which can cause issues for the person and society should the “disease” impact others. Can’t list some and not all if you’re going to go that route.
How does the label protect anyone? Are people pulling out their IDs before they commit a crime?
Anonymous
You just made me spit out my coffee 🙂
Sir its for if they are looking for housing or jobs etc e6c etc. No one wants a child predator in yheir mist period no matter how much therapy they’ve gotten. They are no different than an alcoholic or drug addict who falls off the wagon and goes back to destructive behaviors. They can’t be cured akin to Hiv and Aids. I say they place these people on island where they can live out the rest of their life with their own kind.
Are you proposing that addicts should be labelled as such on their licenses?
If they’re no different, then why not?
Ummmmmm no, addicts an alcoholics are self destructors, where pedophiles kills the spirit and soul of the person they violate for a lifetime and many victims end up committing suicide.
Alcoholics don’t harm people, you seem to suggest.
Mr. Dorsett you are grasping at straws at this point and the argument holds no water.
this is not the forum to be getting into the science behind addictions and why some go into it. However, addictions comes into all shapes and sizes for various reasons and if they were all accounted for since they are self-destructive, then no one would get housing because some are not less destructive than others. They are all destructive and harmful.
I won’t even get into those folks who violate minors in positions of trust who have yet to be caught and shouldn’t have housing either.
So with your theory we should put “Drug Dealer” or Fraudster on the licence to protect people too? Or maybe we should put Violent Criminal or murderer on there too.
Well physical crimes against a child covers about 30% of the people on the registry, so by that argument you are saying 70% should be exiled for a crime 30% committed?
Mr. D
Respectfully not the same thing. My ID identifies me as a white male. There is no reason for law enforcement or my physician, or Target cashier to see me identified beyond that. If I am stopped for a traffic violation , the FDLE database should notify the officer that I am on the registry.
Ummm respectfully I disagree that if someone is a registered pedophile they have no right being in places where kids will mostly be.
“Registered pedophile”? No such thing.
There many crimes that do not involve children that will get you labelled D.A.
So I can’t even go grocery shopping or go to wal mart?
Mr D.A
Sex offenders and sexual predators are already banned from playgrounds, schools and several other places. Now you want them to ban people from going to church, the store etc. etc? Almost anywhere you go these days there are kids. Even sitting in the waiting room of the doctor’s office.
Are you telling the masses here your license denotes what your heritage is?
Yes if you run the tag it says a black male and not a whote male, so yes. Like I stated we need to know whos who simply put.
“If you run the tag” is different that it being denoted on the DL outright.
The least restrictive manner will be the end result to ID those who are classified this and will receive it on their license. Case precedent has said the state statute (while still compelled speech in principle but approved by those in robes) printed on the DL (backside) will be enough to satisfy the alleged need.
If peer reviewed studies were required 3-5 years after laws were passed to determine if the desired outcome of the law had been met and automatically repealed if not, most of the laws in the US at all levels would not exist. No SORNA laws would exist because they haven’t prevented a damn thing.
#truth