A Historic Constitutional Challenge to Florida’s Sex Offender Registry
On August 11, 2026, the Florida Action Committee (FAC) filed a landmark federal lawsuit challenging Florida’s sex offender registration system and many of the local ordinances that have transformed it into one of the most restrictive registry schemes in the United States.
This case is about one fundamental principle: When does a civil regulatory system become unconstitutional punishment?
For nearly thirty years, Florida’s registry has expanded through repeated legislative amendments and local ordinances. What began as a public notification system has evolved into a lifetime system of government supervision that dictates where people may live, where they may travel, where they may be present, and exposes them to felony prosecution for technical violations decades after they have completed their criminal sentences. The lawsuit alleges that these cumulative restrictions violate the United States Constitution.
About the Case
Case Name: Florida Action Committee v. Mark Glass, et al.
Court: United States District Court for the Northern District of Florida
Judge: Mark E. Walker
Plaintiff: Florida Action Committee, Inc. (FAC)
Defendants: Florida Department of Law Enforcement, the Florida counties of Brevard, Broward, Calhoun, Citrus, Clay, Columbia, Duval,
Flagler, Hendry, Hernando, Holmes, Indian River, Jackson, Lake, Lee, Levy, Marion, Martin, Miami-Dade, Okeechobee, Osceola, Palm Beach,
Pasco, Polk, Putnam, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union, Volusia, and Washington; and the Florida cities of Boca Raton, Cape Coral, Coral Springs, Davie, Fort Lauderdale, Fort Myers, Gainesville, Hollywood, Jacksonville, Miramar, Orlando, Palm Bay, Pembroke Pines, Pompano Beach, Port St. Lucie, Sunrise, and West Palm Beach,
FAC brings this action on behalf of its members, many of whom continue to experience significant constitutional injuries despite having completed every aspect of their court-imposed sentences.
Why This Lawsuit Is Different
This is not another challenge to a single statute or ordinance. Previous lawsuits have generally focused on one specific law or one constitutional issue. This lawsuit challenges the registry as a whole.
The complaint argues that after decades of expansion, Florida’s registry must be evaluated as it exists today – not as it existed years ago when earlier court decisions were issued. The cumulative effect of residency restrictions, presence restrictions, travel restrictions, reporting requirements, speech limitations, and local ordinances has created a system that functions as perpetual punishment rather than civil regulation.
Constitutional Issues Before the Court
The lawsuit asks the Court to determine whether Florida’s registry violates several provisions of the United States Constitution.
Cruel and Unusual Punishment
The complaint argues that Florida’s registry has become a form of modern-day banishment by excluding individuals from large portions of communities, making stable housing difficult or impossible to obtain, and imposing lifetime restrictions after sentences have been completed.
Ex Post Facto
The Constitution prohibits government from increasing punishment after a crime has already been committed.
The lawsuit alleges that Florida has repeatedly imposed new restrictions on individuals whose offenses occurred years, or even decades, before those restrictions existed.
Right to Travel
Florida requires many registrants to appear in person before traveling out of state and imposes strict advance notice requirements for international travel.
The complaint argues these requirements substantially burden the constitutional right to interstate travel.
Due Process
The lawsuit challenges Florida’s “loitering” law, arguing that it fails to define prohibited conduct with sufficient clarity and allows arbitrary enforcement.
Freedom of Speech
FAC also challenges restrictions on communications in public parks, alleging they impermissibly burden constitutionally protected speech.
The Human Impact
Behind every legal argument are real people.
The complaint documents how Florida’s registry affects ordinary aspects of everyday life, including:
- Finding lawful housing
- Living with spouses or family members
- Visiting children and grandchildren
- Employment opportunities
- Religious participation
- Medical care
- Interstate travel
- Vacations
- Retirement
- Community involvement
The complaint also cites evidence that registry restrictions contribute to homelessness and housing instability throughout Florida, particularly in South Florida where overlapping state and local restrictions leave very little lawful housing available.
What FAC Is Asking the Court To Do
FAC is asking the Court to declare that significant portions of Florida’s and certain municipalities’ registry scheme violate the United States Constitution and to prohibit enforcement of those unconstitutional provisions against FAC’s members.
Among other relief, the lawsuit asks the Court to determine that:
- Florida’s registry now functions as punishment rather than civil regulation;
- Certain residency and presence restrictions violate the Eighth Amendment;
- Retroactive application of newer restrictions violates the Ex Post Facto Clause;
- Travel reporting requirements unlawfully burden the right to travel;
- The state’s loitering law is unconstitutionally vague; and
- Restrictions on speech in public parks violate the First Amendment.
Case Documents
This section will be updated as documents become publicly available.
Available documents:
- Complaint
- Press Release
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
- Exhibit 5
- Exhibit 6
- Exhibit 7
- Exhibit 8
- Exhibit 9
- Motion for Leave to Seal
- Order GRANTING Motion to Seal and Protective Order
- Protective Order (GRANTED) by reference in Order on Motion to Seal
- Scheduling Order
Frequently Asked Questions
Is this lawsuit seeking to eliminate accountability?
No. FAC recognizes that criminal conduct should be punished. This case concerns what happens after a person has completed the sentence imposed by a court. The lawsuit asks whether government may continue adding new punishments indefinitely.
Does this lawsuit challenge every aspect of the registry?
No. The lawsuit challenges specific constitutional defects in Florida’s current registry system and related local ordinances, as detailed in the complaint.
How long will this case take?
Constitutional litigation of this magnitude typically takes several years. Regardless of the outcome in the trial court, appeals are likely.
Can I follow the progress of the case?
Yes. FAC will post major filings, hearing dates, court rulings, and news updates on this page as the litigation progresses. This page will serve as the official source for updates regarding FAC’s constitutional challenge. As new documents are filed and significant developments occur, they will be posted here along with explanations written for the general public.
Why isn’t my county or city listed as a defendant?
Florida has 67 Counties and 411 incorporated municipalities. It would be completely unmanageable to name each one individually. Not every municipality has an ordinance. FAC and our attorneys made the decision to cap the defendant municipalities at 50. If we prevail, we will have a strong precedent to bring suit against other municipalities.
Will this case benefit every registrant in Florida or just those who submitted declarations?
FAC is seeking to have certain Florida Statutes and Municipal Ordinances declared unconstitutional and have them stricken. FAC is also seeking to enjoin (prevent) law enforcement from enforcing the unconstitutional statutes and ordinances. If successful, these laws cannot be enforced against all 90,000+ persons forced to register in Florida and any of the nearly million registrants in the United States who decide to visit Florida.
Is this case for Florida only or other states?
FAC is seeking to have certain Florida Statutes and Ordinances of 50 Florida municipalities declared unconstitutional and have them stricken. FAC is not challenging the laws of other states. If we prevail in the Trial Court, these Statutes and Ordinances will be stricken and unenforceable. If this case is appealed to the 11th Circuit and we prevail, it will be binding precedent in Florida, Georgia and Alabama (the States in the 11th Circuit). Georgia and Alabama do not enforce Florida laws, but to the extent they have similar statutes or ordinances, the case will be useful there. If the case is further appealed to the Supreme Court of the United States it will be precedent for all states. Other states do not enforce Florida laws, but to the extent they have similar statutes or ordinances, the case will be useful everywhere in the US.
Is there anything I can do to help?
Yes. Litigation of this magnitude is extremely costly. FAC is a non-profit with very limited resources. We desperately need donations to help sustain this case. Please consider making a donation by clicking here and selecting General Legal Fund.
If you would like to receive updates about this case or FAC’s mission, subscribe to FAC’s email list by sending an email to [email protected] or become a member of the Florida Action Committee.
Together, we continue the fight for constitutional rights, evidence-based public policy, and meaningful reform.