§ 132.36 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION.
   (A)   Findings and intent.
      (1)   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 many offenses, have many 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.
      (2)   It is the intent of this section 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 any school, designated public school bus stop, day care center, public park or public playground, wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
   (B)   Definitions. 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:
      CONVICTED. A determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendre, regardless of whether adjudication is withheld.
      PERMANENT RESIDENCE. A place where the person abides, lodges, or resides for 14 or more consecutive days.
      TEMPORARY RESIDENCE. A place where the person abides, lodges, or resides for a period of 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 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
   (C)   Sexual offender and sexual predator residence prohibition; penalties; exceptions.
      (1)   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 or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park or playground. Each day a person is in violation of any of the provisions herein shall constitute a separate offense.
      (2)   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 nearest outer property line of any school, designated public school bus stop, day care center, park, or playground.
      (3)   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.
      (4)   Exceptions. A person residing within 2,500 feet of any school, designated public school bus stop, day care center, public park or public playground does not commit a violation of this section if any of the following apply:
         (a)   The person established the permanent residence prior to the effective date of this section.
         (b)   The person was a minor when he/she committed the offense and was not convicted as an adult.
         (c)   The person is a minor.
         (d)   The school, designated public school bus stop, or day care center within 2,500 feet of the person's permanent residence was opened or located after the person established the permanent residence.
(Ord. 2005-66, passed 7-12-05)