Is It Constitutional to Force You to Pay Registration Fees Forever?

By: John Guidry

Remember the uproar over “Obamacare” and the individual mandate? The big controversy was whether the government could constitutionally force a citizen to buy something.

Well, if you are a convicted sex offender in Florida, that debate is ancient history. You are already required to buy something for the rest of your life: a driver’s license.

Here in Orlando, where the sex offender task force seems to work around the clock, you will be paying registration fees forever, even if you have served every single day of your sentence.

This is America, right? You would think that once your “debt to society” is paid via prison or probation, the transaction is closed. Wrong. For a sex offender, the release date is just the beginning of a lifetime of payments to the Department of Highway Safety and Motor Vehicles (DHSMV).

Struggling with Florida’s complex registration laws?

Don’t risk a felony for a missed payment or paperwork error. Call John today at (407) 423-1117.

The “Pay-to-Stay” Trap

Supposedly, poverty is no reason to put someone in prison. But in Florida, the system is designed to extract fees from people who often can’t find work.

Here is the reality of the “Fee Cycle”:

• The Cost: It costs $25 to update your driver’s license.
• The Frequency: You must update it within 48 hours of any change in permanent or temporary residence.
• The “Temporary” Trap: “Temporary” means staying somewhere for just five (5) days in a calendar year.

Is this constitutional? Yep. Taking a one-week vacation to Daytona? You have to register there and pay the fee. Driving two hours to visit mom and dad for the holidays? Register there. Pay the fee. Drive home? Report back to the Sheriff, go to the DMV, and pay the fee again.

Imagine spending the first day of every vacation at the Sheriff’s office and the DMV. Shoot me now.

The Legal Breakdown: Tyler v. State

Is forcing someone to pay these fees constitutional? The issue was “sort of” addressed in Tyler v. State, 67 So. 3d 332 (Fla. 2d DCA 2011).

Tyler was convicted of failing to register because he didn’t obtain an updated driver’s license after moving. His defense was simple: “I’m indigent. I can’t afford the fee.”

Here is how the court handled it:

• The Challenge: Tyler argued it is unconstitutional to imprison someone for a debt they cannot pay. He claimed forcing him to buy a license he couldn’t afford violated his rights.
• The Distinction: The court noted a key difference between regular folks and offenders: “No law requires a typical resident… to obtain a driver’s license… On the other hand, sexual offenders such as Tyler are legally compelled to obtain this documentation… and they are expressly required to pay for it.”
• The “Ripe” Issue: The court seemed willing to side with Tyler, noting that no appellate court has upheld the statute against an indigent defendant. However, Tyler lost. Why? Because he presented no evidence that he was actually unable to pay.
• The Ruling: Because Tyler didn’t prove he was broke, the court didn’t have to decide if the law was unconstitutional as applied to him. They left the door open for future cases.

John’s Takeaways

The Tyler case gives us a roadmap for defense, but it also shows the dangers of the system. Here is what you need to know:

• Indigence is a Defense (Maybe): If you truly cannot afford the $25 fee, we may be able to challenge the charge. But we need proof—bank statements, unemployment records, etc. You can’t just say you’re broke; you have to prove it.
• The Vacation Trap: Be hyper-aware of the “5-day” rule. Staying at a hotel or a relative’s house for less than a week can trigger a registration requirement. If you miss it, you are looking at a felony.
• Removal is Rare: Supposedly, an offender can be removed from the registry after enough time passes, but good luck getting a judge to sign off on it. The worst they can do is say no, so it’s worth a try, but don’t count on it.
• The Task Force is Watching: In Orange and Seminole counties, law enforcement checks addresses constantly. If your ID doesn’t match where you are sleeping, they will arrest you.

Don’t Face the System Alone

This system feels like a witch hunt, and the red tape is designed to trip you up. But until the legislature changes the law, we have to play by their rules.

If you are facing a “Failure to Register” charge because you couldn’t pay a fee or missed a deadline, we might have a defense.

Call me at (407) 423-1117. Let’s look at your options.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.