TALLAHASSEE, Fla. – A new bill that just passed the Florida Legislature this week wants to further limit where sexual offenders may live in the state.
The bill — SB 212 — was filed all the way back in October, and it requires sex offenders to stay away from public swimming pools.
More specifically, the bill prohibits those convicted of certain sex offenses against children 16 years of age or younger from living within 1,000 feet of a public swimming pool.
These sex offenses include sexual battery; indecent exposure; child porn possession/creation; and selling or buying minors. That said, an exemption is in place for those who are already living near a public swimming pool.
[BELOW: Disturbing discoveries at Sanford home revealed by Florida attorney general]
Current law already prohibits these sorts of sex offenders from living near schools, childcare facilities, parks and playgrounds, though this bill cracks down even harder via the following rules:
- Contacting Children: Such offenders may be arrested without a warrant if they knowingly contact a minor at any park, playground or public swimming pool.
- School Grounds: Such offenders may be arrested without a warrant if they’re purposefully present in any pre-K-12 school while the school is still in operation, with few exceptions.
- Prowling Offenders: The bill increases the restricted distance for loitering and prowling by such sex offenders from 300 feet to 500 feet of places where children congregate.
As for what a “public swimming pool” means, the bill defines it as follows:
“A structure that 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.”
Senate Bill 212
The bill was overwhelmingly approved by both the House last week, and it received 31-6 approval from the Senate on Tuesday. As such, SB 212 now needs Florida Gov. Ron DeSantis’ approval to go into law.
During a press conference on Tuesday, Florida Attorney General James Uthmeier noted State Rep. Anna Eskamani (D-Orlando) was one of the few votes cast against the legislation.
“I do have to point out that your local Rep. Anna Eskamani, who’s running for mayor, voted against this bill,” Uthmeier said. “I don’t know who in their right mind would vote against restrictions on child predators — against restrictions on an individual like this guy today."
[BELOW: Florida attorney general discusses child-porn bust at Sanford ‘House of Horrors’]
When asked why she didn’t vote for the bill, she provided News 6 with the following statement:
“I voted no on SB 212 because, while protecting children and holding individuals accountable for crimes is essential, this bill expands residency and presence restrictions in ways that raise serious concerns about effectiveness, fairness, and unintended consequences.
Research and testimony from experts throughout the committee process have consistently shown that increasingly broad geographic exclusion zones do not necessarily reduce the risk of reoffending, and in many cases can push individuals into housing instability or homelessness—conditions that make supervision and rehabilitation more difficult.
Public safety policies should be evidence-based and focused on prevention, rehabilitation, and effective monitoring. Expanding blanket restrictions without clear evidence of improved outcomes risks creating unintended harms without making communities safer. For these reasons, I voted no on SB 212."
State Rep. Anna Eskamani
The Florida Senate’s Professional Staff of the Committee on Rules, chaired by Republican State Senator Debbie Mayfield (R-Brevard County), echoed some of Eskamani’s concerns in it’s Bill Analysis and Fiscal Impact Statement.
“The Department (of Corrections) states in its agency analysis that 12,985 inmates, when released, would be impacted by the bill. The increased residential restrictions could make it difficult to obtain stable housing. Currently, 334 supervised sex offenders are classified by the Department as homeless and the number will likely increase if this bill takes effect.”
Professional Staff of the Committee on Rules, Florida Senate
The report also noted;
“The Department also states that the expanded restrictions pertaining to public pools and public bathing spaces could further reduce available housing. This may increase the risk that some offenders will abscond because they are unable to secure housing in compliance with the restrictions.”
Professional Staff of the Committee on Rules, Florida Senate
If the bill gets signed into law, it’s set to take effect on July 1.