Sex Offenders

• ARTICLE IV. - SEX OFFENDERS

• Sec. 24-137. - Restrictions for persons convicted of certain sex offenses.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:

Child care facility has the same meaning as provided in F.S. § 402.302.

Park means all public and private property specifically designated as being used for recreational
purposes and where children regularly congregate.

Playground means a designated independent area in the community or neighborhood that is designated
solely for children and has one or more play structures.

Related to means a spouse, parent, sibling, child or stepchild, uncle, aunt, nephew, niece, grandparent,
grandchild, or half-sibling.

School has the same meaning as provided in F.S. § 1003.01 and includes a private school, as defined in
F.S. § 1002.01, a voluntary pre-kindergarten education program, as described in F.S. § 1002.53(3), a
public school, as described in F.S. § 401.3025(1), the Florida School for the Deaf and the Blind, the
Florida Virtual School, as established under F.S. § 1002.37, and a K-8 virtual school, as established under
F.S. § 1002.415, but does not include facilities dedicated exclusively to the education of adults.

(b) Residing within 2,500 feet of specified locations within or without city limits or unincorporated county
limits. It is prohibited and unlawful for any person who has been convicted of a violation of F.S. §
794.011, sexual battery, F.S. § 800.04, lewd or lascivious offenses committed upon or in the presence of
persons less than 16 years of age, F.S. § 827.071, sexual performance by a child, F.S. § 847.0135,
computer pornography violations, or F.S. § 847 .0145, selling or buying of minors, or any similar violation
committed in any other jurisdiction, regardless of whether adjudication has been withheld, when the
victim of the offense for which the conviction resulted was 16 years of age or less at the time the offense
was committed, to reside in a residence located within the city when such residence is located within
2,500 feet of any school, school bus stop, day care center, public park, playground (such as miniparks and
recreational open spaces), library or church regardless of whether the school, school bus stop, day care
center, public park, playground (such as mini parks and recreational open spaces), library or church lies
within the city limits or unincorporated county.

(c) Residing in the same dwelling unit with an unrelated person convicted of same or similar offense. As
of the effective date of the ordinance from which this section is derived, a person who has been
convicted of a violation of F.S. § 794.011, 800.04, 827.071, 847.0135 or 847.0145, or who has been
convicted of an offense in another jurisdiction that is similar to the offenses listed herein, regardless of
whether adjudication has been withheld, in which the victim of the offense was less than 16 years of
age, may not reside in the same dwelling unit with an unrelated person who has also been convicted of
the same or similar offenses.

(d) Residing within 500 feet of another person convicted of same or similar offense. A person who has
been convicted of a violation of F.S. § 794.011, 800.04, 827.071, 847.0135, or 847.0145, or who has been
convicted of an offense in another jurisdiction that is similar to the offenses listed herein, regardless of
whether adjudication has been withheld, in which the victim of the offense was less than 16 years of
age, may not reside within 500 feet of another person who has been convicted of the same or similar
offenses.

(e) Safety zones.

(1) A person who has been convicted of a violation of F.S. § 794.011, 800.04, 827'.071, 847.0135, or
847.0145, or who has been convicted of an offense in another jurisdiction that is similar to the offenses
listed herein, regardless of whether adjudication has been withheld, in which the victim of the offense
was less than 16 years of age, may not travel through or remain within a 300-foot safety zone
surrounding any school, child care facility, park or playground, except to:
a. Attend a scheduled meeting with an attorney who is recognized as a licensed member of the Florida
Bar;
b. Attend a scheduled interview with a social service provider licensed by the state;
c. Comply with a request or court order from the judiciary, a correctional facility or a law enforcement
entity;
d. Contact criminal justice personnel at a criminal justice facility;
e. Attend a church service or function;
f. Attend a bona fide educational institution as a registered student;
g. Attend to medical or health care needs with a licensed physician;
h. Attend to familial or parental obligations;
i. Be gainfully employed or as part of duties imposed by gainful employment;
j. Seek refuge during times of impending natural disasters or acts of terrorism, if such facilities have been
designated by the county or the state as a refuge.

(2) A law enforcement officer shall, prior to any arrest for an offense under this subsection (e), afford the
person an opportunity to explain their presence in the area and the purpose thereof. No person shall be
convicted of an offense under this subsection (e) if the law enforcement officer did not comply with this
procedure or if it appears at trial that the explanation given by the person is true and, if believed by the
officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions
listed in subsection (e)(l) of this section.

(f) Required declaration of status. During times of impending natural disasters or acts of terrorism, a
person convicted ofthe offenses enumerated herein shall immediately identify themselves as a sexual
offender to the official in charge of any public shelter where they seek refuge.

(g) Jurisdictional boundaries. Any distance requirement contained herein shall be measured from the
facility, or from another offender as set forth in subsection (e) of this section, even if the facility or other
offender is located within an adjacent municipality or county.

(h) Penalties. The city may pursue any civil and criminal enforcement action or legal remedy available
under controlling state law, including, but not limited to, injunctive relief. If injunctive relief or other civil
judicial relief is sought, the city shall be entitled to recover its reasonable attorney fees from the
defendant. A person who violates this section shall be punished by a fine not exceeding $500.00 or by
imprisonment for a term not exceeding 60 days, or by both; for a second or subsequent conviction of a
violation of this section, said person shall be punished by a fine not to exceed $1,000.00 or
imprisonment for a term not exceeding one year, or by both. In the alternative, the city may seek
enforcement by way of its municipal code enforcement process. This remedy shall be supplemental to
and not in derogation of any other remedies.

(i) Exceptions. The following exceptions apply:

(1) Nothing herein shall apply to persons lawfully residing at a prohibited location, or who have entered
into a valid and binding contract to purchase or lease a residence at a prohibited location, prior to
September 26, 2013, and this section shall not be interpreted so as to impair valid, existing and bona fide
contract rights; however, the provisions of this section shall apply upon expiration or termination of any
leasehold arising from a landlord/tenant relationship. When a person who is subject to this section
changes residence or commences a new or renewed lease term, this section shall fully apply to such
persons.

(2) This section shall not prohibit persons related to each other, as that term is defined in subsection (a)
of this section, from residing in the same dwelling unit even if more than one have been convicted of an
offense enumerated herein.
(Code 1987, § 132.06; Ord. No. 2005-025, passed 9-8-2005; Ord. No. 2013-005, § 2, passed 9-26-2013)