ORDINANCE
NO. 2005-41
AN
ORDINANCE RELATING TO SEXUAL OFFENDERS AND SEXUAL PREDATORS; CREATING CHAPTER
228 OF THE SEMINOLE COUNTY CODE ENTITLED "SEXUAL
OFFENDERS AND SEXUAL PREDATORS"; PROVIDING FOR
FINDINGS AND INTENT, DEFINITIONS, PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS FROM RESIDING OR TRAVELING WITHIN 1000 FEET OF SCHOOLS, DAYCARE
CENTERS, PARKS AND PLAYGROUNDS, PROVIDING EXCEPTIONS, REQUIRING LAW ENFORCEMENT
OFFICERS TO AFFORD AN OPPORTUNITY TO EXPLAIN PRESENCE IN A PROHIBITED AREA,
PROVIDING FOR MEASUREMENT OF DISTANCES, REQUIRING DECLARATION BY SEXUAL
OFFENDERS AND SEXUAL PREDATORS UNDER CERTAIN CIRCUMSTANCES, REQUIRING PHOTO
IDENTIFICATION, PROVIDING FOR MAPS OF SCHOOLS, DAYCARE CENTERS, PARKS AND
PLAYGROUNDS, PROHIBITING PROPERTY OWNERS FROM RENTING TO SEXUAL
OFFENDERS AND SEXUAL PREDATORS PROPERTY THAT LIES
WITHIN 1000 FEET OF A SCHOOL DAYCARE CENTER, PARK OR PLAYGROUND, CREATING
REBUTTABLE PRESUMPTIONS OF KNOWLEDGE UNDER CERTAIN CIRCUMSTANCES, EXCLUDING
TRAVEL ON FLORIDA INTRASTATE HIGHWAY SYSTEM; PROVIDING PENALTIES, PROVIDING FOR
COUNTYWIDE APPLICATION, PROVIDING FOR ENFORCEMENT; AMENDING SECTION 2.1 OF THE
CODE TO ADD DEFINITIONS OF DAYCARE CENTER, PARK, PERMANENT RESIDENCE,
PLAYGROUND, SCHOOL, SEXUAL OFFENDER, SEXUAL PREDATOR, AND TEMPORARY RESIDENCE;
CREATING SECTIONS 228.1 THROUGH 228.8 OF THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board
of County Commissioners, collectively and in conjunction with other elected and
appointed officials within Seminole County, notes that there have been numerous
occurrences within the State of Florida and the United States where convicted
sexual offenders and predators are released from custody and thereafter commit
similar crimes; and
WHEREAS, it
appears that the recidivism rate for released sexual offenders and sexual
predators is alarmingly high, especially for those who commit crimes upon
children; and
WHEREAS, 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 (See F.S. §775.21(3)(a));
and
WHEREAS, the Legislature has found and
determined that protection of the public from sexual offenders, particularly
those who have committed offenses against minors, is a paramount governmental
interest (See F.S. §944.606(2)); and
WHEREAS, Florida law prohibits
certain sexual offenders from residing within 1,000 feet of any school, day
care center, park, or playground (See F.S. §§794.065 and 947.1405); and
WHEREAS,
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
Chapter 2005-28, Laws of Florida; and
WHEREAS,
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; and
WHEREAS,
WHEREAS, schools, day care centers, parks and
playgrounds are places within Seminole County that children are frequently and
regularly located and involved in activities; and
WHEREAS, Seminole County has a substantial
and compelling interest in maintaining the quality of life and protecting the
health, safety and welfare of citizens at schools, daycare centers, parks and
playgrounds to engage in 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;
and
WHEREAS,
individuals have a significant interest in being able to travel and associate
freely in all areas of
WHEREAS, it is in the public interest to exclude
certain sexual offenders and sexual predators from the areas surrounding
schools, daycare centers, parks and playgrounds; and
WHEREAS, certain exceptions must be made to
the blanket prohibition against sexual offenders and sexual predators traveling
to, through and in the area of schools, daycare centers, parks and playgrounds;
and
WHEREAS,
Seminole County 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 Seminole County to the maximum extent possible; and
WHEREAS,
the County is not prohibited from acting on the subject matter of this
Ordinance and the provisions of this Ordinance are not preempted by and are
consistent with State law; and
WHEREAS, this Ordinance is enacted
under the general home rule and law enforcement powers of
NOW
THEREFORE, BE IT ORDAINED BY THE BOARD OF
Section
1. Legislative Findings. The above recitals represent the
legislative findings of the Board supporting the need for this Ordinance.
Sec.
2.1. Definitions.
Park – A publicly owned or operated area
used or available for the public’s use as a recreational facility, including,
by way of example and not limitation, linear parks and the State, County and
municipal recreational trails systems.
Permanent Residence
– A place where a
person abides, lodges, or resides for fourteen (14) or more consecutive days.
Playground – An established or dedicated
outdoor area for recreation and play, including, by way of example and not
limitation, soccer fields, baseball diamonds, football fields and locations
with outdoor equipment, such as, by way of example and not limitation, swing
sets, climbing apparatus and slides.
School - Any public or private school as
defined in F.S. §§1000.04(1) and 1002.01 (2004), excluding facilities dedicated
exclusively to the education of adults.
Sexual Offender – As defined in F.S.
§944.606(1). For purposes of Chapter 228
of this Code, a Sexual Offender is a person whose victim was, at the time of
the offense, less than sixteen (16) years old.
Sexual Predator – As defined in F.S. §775.21.
Temporary Residence – Any place where a person may
abide, lodge or reside that is not that person’s Permanent Residence.
Section 3. Chapter 228, Seminole County Code is hereby created, to read as
follows:
Chapter
228. Sexual Offenders and Sexual
Predators.
Sec.
228.1. Prohibited Residences of Sexual
Offenders and Sexual Predators. It is prohibited and unlawful for any
Sexual Offender or Sexual Predator to abide, lodge or reside in a permanent or
temporary residence located within Seminole County when such residence is
located within 1,000 feet of any school, day care center, park or playground,
regardless of whether the school, day care center, park or playground lies
within the jurisdictional limits of Seminole County.
A Sexual Offender
or Sexual Predator, having a permanent residence within 1,000 feet of any
school, day care center, park or playground, does not commit a violation of
this section if any of the following apply:
(a)
The Sexual Offender or Sexual Predator established
the permanent residence prior to the effective date of this Ordinance, provided
however, that at the end of the then current rental term, in the case of a
lease, the Sexual Offender or Sexual Predator shall be required to abandon that
permanent residence and establish a new permanent residence at a location that
is not within 1,000 feet of any school, day care center, park or playground.
(b) The Sexual
Offender or Sexual Predator was a minor when committing the offense causing the
designation as a Sexual Predator or Sexual Offender and was not sentenced as an
adult for that offense.
(c) The Sexual
Offender or Sexual Predator is under the age of eighteen (18).
(d) The
school, day care center, park or playground was opened or established after the
Sexual Offender or Sexual Predator established the permanent residence.
Section
228.2. Restriction of Certain Activities of Sexual Offenders and Sexual Predators. No Sexual Offender or Sexual
Predator shall travel through or remain within the 1000 foot buffer zone
surrounding any school, daycare center, park or playground except to:
(a)
Attend
a scheduled meeting with an attorney who is recognized as a licensed member of
the Bar of the State of
(b)
Attend
a scheduled interview with a social service provider licensed by the State of
(c)
Comply with a request
or court order from the judiciary, a correctional facility or a law enforcement entity;
(d)
Contact
criminal justice personnel at a criminal justice facility;
(e)
Attend
a church service or function;
(f)
Attend
a bona fide educational institution as a registered student;
(g)
Attend
to medical or health care needs with a licensed physician;
(h)
Attend
to familial or parental obligations;
(i)
Be
gainfully employed or as part of duties imposed by gainful employment;
(j)
Seek
refuge during times of impending natural disasters or acts of terrorism, if
such schools have been designated by
A law enforcement officer shall, prior to any arrest for an offense under this section 228.2, afford the person an opportunity to explain his or her presence in the area and the purpose thereof. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above.
Section
228.3. Measurement of Distance. For purposes of measuring separation
of a residence from a school, day
care center, park or playground, all distances shall be measured from the
outermost property line of the parcel upon which the residence is located
running in a direct line to the outermost property line of the school, day care
center, park or playground. For example,
if the residence is located in a generally southwesterly direction from a park,
then the measurement would be from the northeast corner of the residential
parcel to the southwest corner of the park.
For all other purposes, measurements shall run from the outermost
property line of the school, day care center, park or playground.
Section
228.4. Required Declaration of Status as
a Sexual Offender or Sexual Predator.
(1) During
times of impending natural disasters or acts of terrorism, Sexual Offenders and
Sexual Predators shall immediately identify themselves as a Sexual Offender or Sexual
Predator, as the case may be, to the official in charge of any public shelter
where they seek refuge.
(2) A
Sexual Offender or Sexual Predator attending any school or day care function,
must declare his or her status as a Sexual Offender or Sexual Predator with the
school principal or designee immediately upon entering the school property.
Section
228.5. Photo Identification Card. By no later than
Section
228.6.
Section 228.7. Prohibition on Rentals and Leaseholds. It is unlawful for a property owner to
knowingly let or rent any place, structure, or part thereof, to a Sexual
Offender or Sexual Predator, with the knowledge that it will be used as a
permanent or temporary residence, if such place, structure, or part thereof, is
located within 1,000 feet of any school, day care center, park or playground. In any prosecution for a violation of this
section there shall be the following rebuttable presumptions:
(1) That
the property owner had knowledge that the person letting or renting the
premises was a Sexual Offender or Sexual Predator, upon proof that the person
was registered as same, either in the statewide or local registry; and
(2) That
the place, structure or part thereof would be used as a permanent or temporary
residence, upon proof that the property is located within a residential zoning
classification.
Section 228.8. Travel on Highways and Toll
Roads.
Nothing herein shall prohibit any
person from traveling on those roads currently included within the Florida
Intrastate Highway System located within the County.
Section
4. Penalties. Any person or entity who violates
any provision of this Ordinance shall be subject to any and all remedies
available at law, including but not limited to, the code enforcement provisions
of Chapter 162, Florida Statutes.
Any person
violating any of the provisions of Section 3 of this Ordinance shall be
prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the
name of the State of Florida in a court having jurisdiction of misdemeanors by
the prosecuting attorney thereof and, upon conviction, shall be punished by a
fine not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) or by imprisonment
in the County jail, not to exceed sixty (60) days or by both such fine and
imprisonment, or if the offender is supervised by the Department of Corrections
under Conditional Release, the offender may be charged with a violation of his
or her supervision and be returned to state custody.
Section 5. Countywide
Application. In accordance
with sec. 1.5 of the Code of Seminole County, this ordinance shall apply in
both the incorporated and unincorporated areas of the County; provided that any
provision of this ordinance in conflict with a municipal ordinance shall not be
effective within that municipality to the extent of such conflict.
Section 6. Enforcement. The provisions of this ordinance may
be enforced by the Seminole County Sheriff’s Office and all municipal police
departments within their respective jurisdictions.
Section 7. Severability. If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall not be held to
impair the validity, force or effect of any other section or part of this
Ordinance.
Section 8. Codification. The provisions of this Ordinance shall be
codified as and become and be made a part of the Seminole County Code. The Sections of this Ordinance may be
renumbered or relettered to accomplish such intention and the word “Ordinance”
or similar words, may be changed to
“Section”, “Article”, or other appropriate word; provided however, that
sections 4, 5, 6, 7, 8 and 9 shall not be codified.
Section 9. Effective Date. This
Ordinance shall become effective upon receipt of official acknowledgment by the
Clerk of the Board of County Commissioners from the Department of the State
that this Ordinance has been filed with the Department of State.
ADOPTED this _______ day of ________________, 2005.
BOARD OF
By:_____________________________
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Predators Ordinance7.doc