(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, or convicted of a similar felony sexual offense in any other state, Federal Court or military tribunal in the United States, 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 1,000 feet of any school, designated public school bus stop, day care center, park, playground, or other private or public recreational facility where children regularly congregate.
(B) 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 private or public recreational facility where children regularly congregate.
(C) Penalties. A person who violates this section shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment.
(D) Exceptions. A person residing within 1,000 feet of any school, designated public school bus stop, day care center, park, playground, or other private or public recreational facility 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 the effective date of this chapter.
(2) The person was a minor when he or 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, day care center, park, playground or other private or public recreational facility where children regularly congregate within 1,000 feet of the person's permanent residence was opened after the person established the permanent residence.
(Ord. O-2007-21, passed 7-3-07)