(a)

Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on 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 multiple offenses, have 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.

(b)

It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city 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.

(Ord. No. 2005-035, § 2, 9-22-05)

The following words, terms and phrases, when used in this article, 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 fourteen (14) or more consecutive days.

Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) 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 (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(Ord. No. 2005-035, § 2, 9-22-05)

(a)

Prohibition. It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071 or 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, to establish a permanent residence or temporary residence within two thousand five hundred (2,500) feet of any school, designated public school bus stop, child care facility, family day care home, park, playground or other place where children regularly congregate.

(b)

Measurement. 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 public school bus stop, child care facility, family day care home, park, playground, or other place where children regularly congregate.

(c)

Penalties. A person who violates this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than twelve (12) months or by both such fine and imprisonment.

(d)

Exceptions. A person residing within two thousand five hundred (2,500) feet of any school, designated public school bus stop, child care facility, family day care home, park, playground, or other place where children regularly congregate does not commit a violation of this section if any of the following apply:

(1)

The person established the permanent residence prior to September 23, 2005.

(2)

The person was a minor when he/she committed the offense and was not convicted as an adult.

(3)

The person is a minor.

(4)

The school, designated public school bus stop, child care facility, or family day care home within two thousand five hundred (2,500) feet of the person's permanent residence was opened after the person established the permanent residence.

(Ord. No. 2005-035, § 2, 9-22-05)

(a)

It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge, either actual or constructive, 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 section 13-1302 of this Code, if such place, structure, or part thereof, trailer or other conveyance, is located within two thousand five hundred (2,500) feet of any school, designated public school bus stop, child care facility, family day care home, park, playground, or other place where children regularly congregate.

(b)

A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures of this Code that allow the city to seek relief as otherwise provided by law.

(Ord. No. 2005-035, § 2, 9-22-05)