Contributed to FAC by Attorney, Brett Metcalf, Hillsborough Defense

In 2014, Florida lawmakers passed a series of laws pushing tighter restrictions on local sex offenders in an effort to prevent child predation. The sex offender regulations became known as the “scorched earth policy” as lawmakers are hoping to make Florida persona non grata for sexually violent predators.

What exactly does scorched earth mean? Scorched earth refers to a military strategy. With this military strategy, an army destroys any and all resources that the enemy army may find useful. The problem with creating a war and an enemy is that it creates an ‘us vs. them’ mentality. Florida’s policies are taking away access to needed resources for registered sex offenders.

Sex Offenders Have Lost It All

The problem lies within sex offender zoning laws. Many Florida counties like Seminole County have tightened their ordinances to the point where sex offenders are essentially left in lifelong house arrest. Florida ordinance laws permit offenders from traveling through or remaining within 1,000 feet of a school, park, day care, or playground.

These ordinances keep sex offenders from being able to go grocery shopping, visit a bank, find a restaurant to eat at, or even visit family and friends in many cases. In Seminole County, offenders can’t even attend a commission meeting because the county administration building sits adjacent to a private playground and across the street from a park.

This policy is so stringent with penalties so harsh that registrants are forced to retreat to living in the woods, under bridges, and in railroad yards. The scorched earth policy has resulted in increased levels of homelessness and transience among sex offenders, as well as, clustering in disproportionate numbers of offenders in areas outside of restricted zones.

What’s worse is that offenders can’t even enjoy their time in the homes they are confined to. Holidays are a meant to be a time for joy, celebration, and family. However, in cities like Jacksonville, strict laws prevent registrants from being able to enjoy the holidays. The laws in Jacksonville state, “It is unlawful for any Sexual Offender or Sexual Predator to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children.”

According to Jacksonville law, a sex offender cannot take their own kids trick-or-treating or let their kids welcome neighborhood kids trick-or-treating at their home. In fact, a similar law in South Roxana, Illinois, caused a blind sex offender to be arrested for being present in the house where his step-daughter was handing out candy.

Furthermore, Jacksonville law bans any holiday decorations placed on the outside of the house or visible from the outside of the house. That means Christmas lights can’t be hung outside of a house, pumpkins can’t rest on the front porch, Santa Claus can’t sit on the roof, and wreaths can’t hang from any doors. Even confined to their homes, offenders can’t enjoy decorating them to celebrate holiday cheer.

Wars Don’t Work

Florida has enacted a war strategy on a social issue. The problem is that no war can occur without undesired casualties. The Florida scorched earth policy is hurting more young adults than it protects. The policy is put in place to protect children, but what about the children who are labeled sex offenders?  What about the 10 year old who was forced to join the registry of sex offenders for engaging in sex acts with other boys? What about the 18 year old who had consenting sex with his 16 year old girlfriend?

The important thing to consider is that the sex offender label is a catch-all for a diverse range of people. A sex offender could be a rapist or a child molester, but it can also be teens sending nude pics or even a man grabbing a girl’s arm to reprimand her for stepping in front of his moving car. Florida’s harsh punishments hurt a wide range of residents that don’t deserve the severity of the harsh consequences the state is dishing out. Worse, the ordinance restrictions don’t fully address the real problem.

Sex Offenders Reform Is Necessary

Sex offender laws have gone too far. Even judges and lawmakers are beginning to question Florida’s overzealous laws. The time to act is now. Actions need to be taken to ensure that yet another teen does not end up homeless or out of work for an innocent mistake. Sex offender is far too broad of a label for penalties and punishments to be so unforgiving.