Can a City Force You to Move When the State Says You’re Fine?

By: John Guidry

Finding a place to live in Central Florida is hard enough these days. The rent is too high, the traffic is terrible, and the application fees are endless. Now, imagine you have done your time, paid your debt to society, and are trying to rebuild your life—but there is practically nowhere you are allowed to sleep.

There has been such a witch hunt for sex offenders in this state that it wouldn’t surprise me if some zoning board created an “urban plan” specifically designed to zone these folks out of existence. By the time these hunts are complete, the only place left for offenders to live might be in another state.

I predict our legislatures will try to “zone out-of-state” anyone that offends them by next year. I’m just saying.

But the real nightmare happens when the laws contradict each other. What happens when the State says your home is legal, but the City says it isn’t?

Are you facing a residency violation despite following your probation order?

Don’t wait for the Sheriff to knock on your door. Call John today at (407) 423-1117.

The Legal Breakdown: Calderon v. State

These zoning laws are confusing. You have local laws, state laws, and registration laws that effectively constitute punishment in and of themselves.

Let’s look at the case of Calderon v. State, 93 So. 3d 439 (Fla. 3d DCA 2012). This case shows just how ridiculous the overlap can get.

• The Setup: Calderon entered a plea to a sex offense. The State of Florida generally requires offenders on probation not to live within 1,000 feet of a school.
• The Judge’s Order: The judge instructed Calderon not to live within 1,000 feet of a school. Calderon agreed because he knew the home he shared with his wife was safely outside that 1,000-foot mark.
• The Trap: While he was safe under State law, he lived in Miami-Dade County, which has a strict ordinance making it a crime to live within 2,500 feet of a school.
• The Conflict: By following the judge’s order (1,000 feet), Calderon was still violating the local law (2,500 feet). Yikes.

The Ruling: Calderon went back to the judge and asked for permission to stay in his home with his wife, arguing that the State law should trump the local ordinance.

• The Result: The court denied him. They demanded he move.
• The Appeal: The appellate court ruled that there was no “conflict” between the laws. They said he had to comply with both. Because he was within the 2,500-foot zone, he had to leave his home and his wife, even though the State said he was far enough away.

John’s Takeaways

This is a harsh reality, but you need to know the rules of the game if you want to stay free. Here is what Calderon teaches us:

• Local Laws Bite Hard: Just because the Florida Statutes say “1,000 feet” doesn’t mean your city or county can’t make it 2,500 feet. You must check every single layer of government regulation before signing a lease.
• “Paid in Full” Doesn’t Mean “Free”: You can serve your sentence and complete counseling, but these residency laws can effectively banish you from your own community. It feels like a double punishment, but the courts allow it.
• Judges Can’t Always Save You: Calderon’s judge couldn’t override the local ordinance to let him stay. Once a zoning law is on the books, it is incredibly difficult to fight.
• The Moral of the Story: This is getting ridiculous. How far are we going to go to punish people who have already served their time? Even my Christian brothers often support these laws, but I have to remind them: whatever you do to the “least of our brothers,” you do to Me.

Don’t Face the Zoning Board Alone

Lord, save me from the “Good People” who write these laws without thinking about the human cost.

If you are a registered offender looking for housing in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need to be extremely careful. One wrong address can send you back to jail.

Call me at (407) 423-1117. Let’s make sure you are compliant.

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.