(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 a similar crime in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this division, 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 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 offender or sexual predator under the laws of the state, to establish a permanent residence or temporary residence within 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 found to be in violation of this section shall be subject to arrest or issued a notice to appear and shall appear at the prearranged court date to answer the charge. Once notified of the residency restriction, the person shall have two weeks to vacate the premises. A person who fails to vacate the premises within two weeks after receiving notice of the residency restriction shall be subject to arrest.
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; 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 or imprisonment in the county fail not more than 12 months, or by both such fine and imprisonment.
(E) Exceptions. A person residing within 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 registered person established the permanent residence prior to July 1, 2005.
(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 or day care center within 2,500 feet of the person's permanent residence was opened after the person established the permanent residence.
(Ord. 1518, passed 8-3-05; Am. Ord. 1574, passed 2-21-07)