(a) 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 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, day care center, park, playground, or other place where children regularly congregate.
(b) It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the state, to establish a permanent residence or temporary residence within two thousand five hundred (2,500') feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
(c) 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, day care center, park, playground, or other place where children regularly congregate.
(d) Penalties. 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 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 $1,000.00 or imprisonment in the county jail not more than 12 months, or by both such fine and imprisonment.
(e) Exceptions. A person residing within two thousand five hundred (2,500') feet of any school, designated public 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:
(1) The person established the permanent residence prior to July 1, 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 or day care center 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. 05-035, § 4, 7-19-05; Ord. No. 06-048, § 2, 6-6-06)