It is the further intention of this chapter to accomplish those intents and purposes expressed in the following recitals:
   (A)   The Board of County Commissioners, collectively and in conjunction with other elected and appointed officials within Brevard County, notes that there have been numerous occurrences within the state and the United States where convicted sexual offenders and predators are released from custody and thereafter commit similar crimes;
   (B)   It appears that the recidivism rate for released sexual offenders and sexual predators is alarmingly high, especially for those who commit crimes upon children;
   (C)   The Legislature has found and determined that sexual offenders and sexual predators present an extreme threat to the public safety; are extremely likely to use physical violence and to repeat their offenses; commit many offenses and have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes;
   (D)   The Legislature has found and determined that protection of the public from sexual offenders, particularly those who have committed offenses against children, is a paramount governmental interest;
   (E)   Florida law prohibits certain sexual offenders from residing within 1,000 feet of any school, day care center, park or playground;
   (G)   The Florida Legislature passed House Bill 1877, commonly known as the “Jessica Lunsford Act,” which was approved by Governor Jeb Bush on May 2, 2005, and codified as Laws of Fla., Chapter 2005-28;
   (H)   The “Jessica Lunsford Act” will likely increase the number of offenders who will be designated as sexual offenders or sexual predators and will require electronic monitoring of certain offenders and predators and will otherwise strengthen the state’s efforts to control the cancer of child sexual victimization;
   (I)   The town is a family-oriented community that highly values its children and is a place that families with young children find highly desirable;
   (J)   Schools, day care centers, parks and playgrounds are places within the town that children are frequently and regularly located and involved in activities;
   (K)   The town has a substantial and compelling interest in maintaining the quality of life and protecting the health, safety and welfare of citizens at schools, day care centers, parks and playgrounds to engage m positive educational, economic and social activities, and has a substantial and compelling interest in allowing the citizens to gainfully and productively use and enjoy the facilities in these areas and communities without victimization at the hands of a sexual offender or sexual predator;
   (L)   Individuals have a significant interest in being able to travel and associate freely in all areas of the town, except during times of a public safety emergency, such as natural or man-made disasters;
   (M)   It is in the public interest to exclude certain sexual offenders and sexual predators from the areas surrounding schools, day care centers, parks and playgrounds;
   (N)   Persons utilizing public shelters during times of disaster must be protected from sexual offenders and sexual predators;
   (O)   Certain exceptions must be made to the blanket prohibition against sexual offenders and sexual predators traveling to, through and in the area of schools, day care centers, parks and playgrounds;
   (P)   The town desires to ensure that the citizens of the county are protected from criminal activity to the maximum extent afforded by controlling law in order to advance the public health, safety and welfare, and benefit the citizens of the town to the maximum extent possible;
   (Q)   The county is not prohibited from acting on the subject matter of this chapter and the provisions of this chapter are not preempted by and are consistent with state law; and
   (R)   This chapter is enacted under the general home rule and law enforcement powers of the town and is not a zoning ordinance or a land development regulation.
(Ord. 2006-04, passed 3-21-2006)
Statutory reference:
   Conditional release program, see F.S. § 947.1405
   Florida Sexual Predators Act, see F.S. § 775.21(3)(a)
   Sexual offenders; notification upon release, see F.S. § 944.606(2)
   Unlawful place of residence for persons convicted of certain sex offenses, see F.S. § 794.065