NOTIFICATION OF REGISTRANT RESTRICTION CHANGES
Effective July 1, 2026, and pending the Governor signing CS/HB45/SB212 into law, the following changes will be made in Florida’s law.
The current state mandated 1,000 ft residency restrictions from schools, playgrounds, childcare centers, and parks continue to apply.
Effective July 1, 2026:
Swimming Pool residency ban: Registrants with specified offenses involving those less than 16 years old which offense occurred on or after July 1, 2026 – may not live within 1,000 ft of public swimming pools. Registrants whose offense was between Oct 1, 2004 (May 26, 2010 out of state offense) and before July 1, 2026 may stay in their residences BUT when they change their permanent residence they must comply with the 1,000 ft public swimming pool restriction. This residency ban is retroactive when a person moves from their permanent residence.
Registrants whose crimes occur on or after July 1, 2026 and who are on conditional release, probation or community control with specified offenses involving those less than 18 years old may not live within 1,000 ft of a public swimming pool, park, playground, school or childcare facility beginning July 1, 2026. The Florida Dept. of Corrections will provide further guidance which we will share as soon as it is available.
The specific language in the bill states, “”Public swimming pool” means a structure which is located either indoors or outdoors and used for recreational bathing or swimming by humans. The term includes a conventional pool, spa-type pool, wading pool, special purpose pool, spray pool, splash pad, or other water recreation attraction, to which admission may be gained with or without payment of a fee, regardless of whether entry to the swimming pool is limited by a gate or other method of controlling access. The term includes swimming pools operated by or serving subdivisions, apartments, condominiums, mobile home parks, or townhouses, or any pool operated by a governmental entity which is held open to the public. The term does not include a swimming pool at a private single-family residence, hotel, motel, or recreational vehicle park or a swimming pool where the operator prohibits the use of such pool by persons younger than 18 years of age.”
Loitering and Prowling: Changes the loitering and prowling prohibition from within 300 feet to within 500 feet of a place where children congregate. Warrantless arrests are now authorized.
This bill changes knowingly approaching with intent to communicate with sexual intent to any contact/communication/approach with a person younger than 18 years old in a park, playground or a recreational swimming pool. Family members are excluded. Only two types of recreational swimming pools are excluded: private single-family residences and facilities where persons younger than 18 are prohibited. This change is retroactive.
It remains legal to go to a park, playground, and swimming pool but registrants cannot communicate with minors, except their own children, in these locations. Contacting, communicating, approaching one’s family and household members younger than 18 years old are excluded.
Registrants whose crime occurred on or after July 1, 2026 and who are on conditional release, probation or community control with specified offenses involving those less than 18 years old – may not visit a public swimming pool without prior approval from supervising officer and may not work at a public swimming pool.
Written notification of Conviction: Persons with specified offenses may not be on the premises or property of a child care facility or school when it is in operation. Parents, grandparents and legal guardians may go to a child care facility or school with written notification of sexual offense conviction to the school board, principal, or owner and notification of when they intend to be present at the school/child care facility.
Retroactive: This notification change applies to all specified offenders – it does not matter when the offense occurred.
Excluded from notification: Parents, grandparents and legal guardians who are dropping off or picking up his/her child or grandchild at the childcare facility or school.
Registrants may be on the premises solely to attend a religious service.
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Is there a date before July that we can attend?
This is patently unconstitutional. I am willing to challenge this law should DeSantis enact it if I have FAC’s backing. I was convicted of simple possession of CP in federal court under 18 USC 2252A(a)(5)(B) The indictment and verdict form establish only that a “minor” was depicted in images of CP. Under this federal law, that means anyone under the age of 18. There is no judicial finding that any image depicted anyone under the age of 16, and the feds never identified any “victim” or “minor” according to them. Because my federal conviction record contains no finding of a specific age category, applying a new state law that depends on a specific age category would require Florida to rely on facts that no judge and no jury ever found. That raises serious, non-frivolous, due process issues, particularly when even FDLE registry records have no recorded victim or victim age. I am not a lawyer, but this appears to violate the US Supreme Court’s “facts not found by a jury” rule as stated in Apprendi v. New Jersey and and Alleyne v. US. FAC, you know how to reach me.
In my non-lawyer opinion, since the offense you were convicted of only referenced depiction of a “minor” and since the court did not find a specific age, in order for you to be convicted of the unlawful place of residence offense, the state would have to prove that a “minor” depicted in the material leading to your offense was under the age of 16, and they would have to prove that beyond a reasonable doubt. Since your conviction was for a non-Florida offense, the provision of F.S. 775.215 that would/might apply to you is subsection (3)(a) and it is an element of that offense that the offender was convicted of a specified offense involving a minor under 16 years of age. However, the loitering provision only requires conviction of a sex offense against a minor, not a minor under 16. Again, this is just my non-lawyer opinion.
Dear RM, thank you for your input. My Pre-Sentence Report doesn’t mention age and there was no victim. Just goes to show how anyone can be prosecuted and wind up on the registry.
Another law to punish those who served their sentence and to punish their families. Everyone deserves a second chance. When will this lifetime punishment end? PRAY
Seems like the children of registrants will be negatively affected by these restrictions as well.
These laws in Florida are a perfect example of what happens when constitutional rights and protections are removed from a certain group of American citizens. Then their local, state, and federal government become as dictatorial and tyrannical as any other in the world?
So, if I understand this correctly, the notification for schools applies retroactively to all registrants, if one is going to be within the school premises during operational times. Needs to get permission from the school.
But the pool residency restrictions does not apply to registrants with convictions that were prior to 2004 ?
— Am I wrong here ?
That is my reading as well if you are pre 2004 then no residentcy restrictions period; Not even if you move. 2004 to 2026 you can stay where you are but if you move, then the restrictions apply.
I don’t think you have to get “permission” from the school. Where do you see that?
For pickup or drop-off, surely it’s none of their business.
Agreed Jacob.
Excluded from notification: Parents, grandparents and legal guardians who are dropping off or picking up his/her child or grandchild at the childcare facility or school.
Registrants may be on the premises solely to attend a religious service.
FAC thank for the clear write up. Only one thing I can not wrap my head around.
1. L&P is now 500 feet of places where children are congregating but to me you would have to be loitering or prowling ie, sneaking around, peering in windows, Hiding behind dumpsters ect. So my question for clarification is if we are say at a park and there is a birthday party going on in the pavilion and we are just walking by either alone or with our own family, that is NOT considered Loitering and prowling because we have a legitimate reason for being there?
2. We can be at a pool or any of the mentioned places either alone or with family, have a legitimate reason for being there: ie staying at the hotel, working out at a gym, having a picnic at a park etc AS LONG as we do not speak to a minor that is not our own family. Is this correct?
3. What if we meet friends at the pool and their kids are there, are we in Jeopardy? I am old guy, 57, so none of my friends have minor kids anymore but for those who do, how does this law apply here.
That’s it for me off to workout. Have a great weekend all. July is coming keep praying that God hands down his justice through Judge Williams, tempered with grace, understanding and the constituion.