§ 34-5. Sexual offender residency restrictions.
(a)
Findings and intent.
(1)
As found by the Florida Legislature in F.S. § 775.21, the Florida Sexual Predators Act, repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey upon children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(2)
It is the intent of this section to serve and to protect the town's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the town by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except, where the context clearly indicates a different meaning:
Permanent residence means a place where the person abides, lodges or resides for five or more consecutive days.
Temporary residence means a place where the person abides, lodges or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(c)
Prohibited location of residence; measurement of distance; enforcement; injunction; penalties; exceptions.
(1)
Prohibited location of residence. It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0135(5) or 847.0145, or an offense in another jurisdiction that is similar to a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0135(5) or 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 2,500 feet of any school, designated school bus stop, day care center, park, playground or other place where children regularly congregate.
(2)
Measurement of distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, designated school bus stop, day care facility, park, playground or other place where children regularly congregate.
(3)
Enforcement; injunction; penalties.
a.
This section shall be enforceable by all means provided by law.
b.
The town may choose to enforce this section by seeking injunctive relief in the circuit court of the county.
c.
In addition to the relief set forth in subsections a. and b. above, a person who violates this section may be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment.
(4)
Exceptions. A person who has been convicted as described under subsection (1) above, residing within 2,500 feet of any school, designated school bus stop, day care center, park, playground or other place where children regularly congregate, does not commit a violation of this section if any of the following apply:
a.
The person established the permanent residence or temporary residence prior to the effective date of this section.
b.
The person was a minor when he/she committed the offense and was not convicted as an adult.
c.
The person is a minor.
d.
The school, designated school bus stop, day care center, park or playground was opened after the person established his/her permanent residence or temporary residence.
(d)
Restrictions on the rental of real property.
(1)
It is unlawful to rent or lease any place, structure, or part thereof, trailer or other conveyance, with or without the knowledge that it will be used as a permanent residence or temporary residence, by any person prohibited from establishing such permanent residence or temporary residence pursuant to this Code, if such place, structure, or part thereof, trailer or other conveyance, is located within 2,500 feet of any school, designated school bus stop, day care center, park, playground or other place where children regularly congregate.
(2)
A property owner's failure to comply with the provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided for in chapter 18 and/or F.S. Ch. 162, including the provisions that allow the town to seek relief as otherwise provided by law.
(Ord. No. 343, § 2, 3-25-2008; Ord. No. 413, § 2, 11-28-2017)