One of the most common questions we get concern residency restrictions. Since Miami Beach passed a municipal ordinance 15 years ago, restricting where persons required to register as sex offenders can live through sex offender residency restrictions (SORRs)  have spread through our state (and nationwide) like the Ebola virus.

I repeatedly hear the disappointment in people’s voice when they tell me they found something 1000 feet away from anywhere children might congregate but the police still tell them they can’t live there. The conversations usually go like this…

“So the law says I can live anywhere as long as it’s not 1000 feet from a school or park?”

-“Well, Yes and No. Florida Statute 775.215 sets a 1000 foot residency restriction, but most Counties have their own ordinances.”

“So, What’s the County distance?”

-“That depends on the County. Every County is different. You have to search for the municipal code online or call the County clerk to get a copy of it and then see what it says.”

“Can I call someone at the County and ask them where I can live?”

-“Good luck with that one! You can try, but from tons of experience, you have a better chance of getting no answer or the wrong answer than anything useful”

“OK, so I need to be compliant with the State SORR, and figure out what the County SORR is and then search for a place to live?”

-“Well, no. That’s just the first and second step. Your City may also have it’s own SORR.”

“Great! So I have to check three different sets of regulations to find the one with the largest exclusion zone and use that as my distance?”

-“Not exactly. The distance is one thing but you also have to check what places encompass the exclusion zone. For example; a 1000 foot exclusion zone that includes all school bus stops and private playgrounds many be more restrictive than a 2500 foot exclusion zone that only covers schools and day cares.”

“So where do I get a map of all the school bus stops?”

-“They don’t have one”

“So am I supposed to just drive around looking for schools, parks, playground, bus stops and figure it out myself?”

-“Well I wouldn’t do that either. Your municipality may have a proximity ordinance where it’s illegal to even go within a certain distance of one of these places. Seminole and Brevard, for example, have a 1000 foot buffer. If you stop at a Starbucks within 1000 feet of a playground you don’t even know is there, you can get arrested.”

“WTF?!?! This is ridiculous! I don’t think this has anything to do with protecting children. This is just a trap to get us locked up again or cause us to be homeless. The State should do something create some uniform laws instead of this maze of BS!”

-“Tell me something I don’t already know.”

The above frustrating conversation is one I have multiple times per week. Yes, the state SHOULD do something to preempt the patchwork of ordinances across the different counties and cities. Not only will it help returning citizens to find stable housing and live with supportive family members, but it will prevent clustering of registrants in certain areas, it will reduce homelessness, it will help law enforcement better track registrants and as numerous studies have concluded, all that will make the public safer, which is supposed to be the goal here.

According to the Sun-Sentinel, in 2019 Florida lawmakers pitched 18 “preemption bills”. These bills sought to control County and City ordinances on matters like the use of plastic straws and fertilizer! As the Sentinel article points out, local governments “can’t regulate beekeepers, drones, ownership of dangerous animals, disposal of bio-waste or smoking in public venues.” Unquestionably these are all important issues, but if a lawmaker sees it important for the State to preempt manure laws, someone should definitely be looking into these horse-shit SORRs!

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