LAWSUIT CLAIMS FLORIDA SEX OFFENDER REGISTRY IS UNCONSTITUTIONAL

• A federal lawsuit challenges Florida's sex offender registry, claiming it imposes unconstitutional punishment.
• The Florida Action Committee filed the suit against the Florida Department of Law Enforcement and 50 local governments.
• The lawsuit argues the registry's restrictions violate constitutional rights, including due process and protection from cruel and unusual punishment.
• Advocates state the system impairs registrants' ability to find housing, employment, and access medical care.

(This story has been updated with more information)

A federal lawsuit has been filed challenging the Florida system of requiring convicted sex offenders to register with the government, saying it imposes unconstitutional restrictions and unjust punishment.

The lawsuit, filed Aug. 11 in federal court in Tallahassee, names as defendants the Florida Department of Law Enforcement and 50 counties and municipalities that enforce the registry rules. It was filed by the Florida Action Committee, an nonprofit advocacy group for registrants which says about 90,000 Floridians are covered.

“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,” FAC said in a statement.

Lawsuit claims registry involves multiple constitutional issues

The lawsuit contends the registry violates the Constitution in several ways, including allegations of cruel and unusual punishment, improper travel restrictions, violations of due process and restrictions on free speech. It lists people convicted of certain sex-related crimes and people can search by name, address, or neighborhood to see if someone is registered. 

"This is not just another challenge to one law or one ordinance," said FAC spokeswoman Teresa Bond in a news release. "This case asks the courts to recognize what has become increasingly obvious over the past three decades: Florida's registry is no longer a civil regulatory system. It has become a lifetime system of punishment that reaches far beyond any sentence imposed by a judge."

“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 group said in the statement. “The lawsuit asks whether government may continue adding new punishments indefinitely.”

FDLE did not immediately respond to an email seeking comment.

Sex offender registrants confront many obstacles

The lawsuit contends the restrictions impair everyday life for those on the registry, including finding housing, visiting children or grandchildren, getting job opportunities and issues with medical care.

“As a retired U.S. military veteran and FAC member, I have seen firsthand how difficult it can be for veterans subject to these restrictions to obtain stable housing, employment, transportation, and other basic necessities,” said FAC member Ryan Anderson in a news release e-mailed to media outlets. ”These issues deserve examination beyond the label attached to someone on a registry.”

FAC is asking U.S. District Judge Mark Walker in Tallahassee to declare that “significant portions” of Florida’s registry violate the Constitution and to prohibit enforcement of those unconstitutional provisions against FAC’s members.

Curt Anderson is the Policy and Politics Reporter for The USA TODAY NETWORK-FLORIDA. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY athttps://tallahassee.com/newsletters.

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