Chapter 685 - SEXUAL OFFENDER AND SEXUAL PREDATOR REGULATION

Sec. 684.104. - Safe neighborhood improvements districts; powers, duties. TITLE XX - PUBLIC WELFARE AND CONSUMER PROTECTION Chapter 685 - SEXUAL OFFENDER AND SEXUAL PREDATOR REGULATION[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2010-836-E, § 3, amended the Code by creating a new Ch. 685. Ord. 2010-836-E, § 4, amended the Code by renumbering former §§ 674.501—674.503 as new §§ 685.101—685.103.

Sec. 685.101. - Temporary emergency shelters; sexual predators and offenders notification requirements.

(a)

For the purpose of this Section "temporary shelter" is defined as any public or private building or facility which is offered to individuals and families who are homeless or who evacuate their homes or a hotel, motel, or other place of temporary residence as a result of any storm, flood, hurricane, tornado, explosion, fire, or other incident of any nature as a place to reside, rest, sleep, or eat.

(b)

Any person who is required by Florida law to register as a sexual predator or sexual offender and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and sexual offenders.

(c)

The Sheriff may designate a public building or a jail or other correctional facility as a temporary shelter to be utilized by sexual predators and sexual offenders.

(d)

Failure of a sexual predator or sexual offender to make notification as required in Section (b) shall constitute a Class D offence.

(Ord. 2005-629-E, § 3; Ord. 2010-836-E, § 4)

Note— Former § 674.501.

Sec. 685.102 - Sexual predators residency requirements.

(a)

It is unlawful for any person who is required by Florida law to register as a sexual predator to reside within 2,500 feet of any school, public library, day care center, park, playground, or other place where children regularly congregate.

(b)

A person residing within 2,500 feet of any school, public library, day care center, park, playground, or other place where children regularly congregate does not commit a violation of this Section, provided that the sexual predator is in full compliance with probation, parole, or conditional release and does not commit another sexual offense, and was in compliance with the residency restrictions prior to July 1, 2005, if any of the following apply:

(1)

The person established the permanent residence prior to July 1, 2005.

(2)

The person was a minor when he/she committed the offense and was not convicted as an adult.

(3)

The person is a minor.

(4)

The school, public library or day care center within 2500 feet of the persons permanent residence was opened after the person established the permanent residence.

(c)

A person who violates subsection (a) shall be guilty of a class D offence.

(Ord. 2005-629-E, § 3; Ord. 2010-836-E, § 4)

Note— Former § 674.502.

Sec. 685.103. - Registration fee.

(a)

A person who is required by Florida law to register as a sexual offender or predator shall pay to the Sheriff's Office upon registration an amount as found in www.jaxsheriff.org/fees, per registration for the purpose of covering the costs associated with the identification and regulation of sexual offenders or predators. Persons required to register with local law enforcement shall register and remit the registration fee twice per year. The initial registration fee for first time sexual offender and predator registrants shall be waived.

(b)

Failure of a sexual offender or predator to register and pay the fee as required in subsection (a) shall constitute a Class D offence.

(Ord. 2005-1498-E, § 1; Ord. 2010-836-E, § 4; Ord. 2017-194-E, § 1; Ord. 2017-665-E, § 32)

Note— Former § 674.503.

Sec. 685.104. - Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions.

(a)

Prohibitions and requirements for Sexual Offenders and Sexual Predators; Exemption.

(1)

It is unlawful for any Sexual Offender or Sexual Predator to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children.

(2)

It is unlawful for any Sexual Offender or Sexual Predator to wear costumes, clothing, make-up, mask or anything that would alter a person's appearance in the presence of any non-familial child if such altered appearance could or would entice, attract or lure a child to congregate around, or move closer to, that person.

(3)

Any person designated a Sexual Offender or Sexual Predator shall:

(i)

Avoid all Halloween related contact with children;

(ii)

Not display or allow any display of Halloween decorations to be visible from the exterior of any Sexual Offender's or Sexual Predator's residence, including a vehicle or vessel, or on any property which is leased, rented, owned, or occupied by such person from 6:00 a.m. to 11:59 p.m. on October 31 (or any other day on which Halloween is celebrated).

(iii)

Except for lighting provided on a year-round basis by the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, leave all outside residential lighting off during the evening hours after 5:00 p.m. on October 31 (or any other day on which Halloween is celebrated).

(iv)

Not place or allow the following displays or decorations on the exterior of any Sexual Offender's or Sexual Predator's residence, including a vehicle or vessel, or on any property which is leased, rented, owned, or occupied by such person: inflatables, holograms, projections, displays over six feet in height, interactive displays, decorations or displays that include a fictitious character, decorations or displays that line a walkway or path to a door of the residence, or lights that are not affixed to the residence, except there may be one lighted display not affixed to the residence if it meets the requirements listed here. Enforcement of this section shall not be limited to the actual calendar date of any given nationally or locally recognized holiday or seasonal event or practice.

(4)

The following is a list of exemptions for Sexual Offenders or Sexual Predators from this Section. During any nationally or locally recognized holiday or seasonal event or practice:

(i)

The Sexual Offender or Sexual Predator may attend if such person is the parent or guardian of the child or children involved and only those familial children are present;

(ii)

The Sexual Offender or Sexual Predator may attend if the event is held in a location such as a personal residence which would not be attracting or enticing to non-familial children to attend (prohibited locations include, but are not limited to family gatherings in parks, pools, or other locations or places where children could be lured); or

(iii)

The Sexual Offender or Sexual Predator is not present at the event location although such location may be owned, leased, rented or occupied by such person.

(b)

Definitions. The following terms are defined as follows for the purposes of this Section:

(1)

Child, children, or minor shall mean individuals whose chronological age is less than 18 years.

(2)

Sexual Offender or Sexual Predator shall mean an individual who is registered or obligated to be registered by any State or federal agency as either a sexual offender or sexual predator and whose name is published or required to be published on any State or federal registered sexual offender or sexual predator listing, including, but not limited to the sexual offenders and sexual predators registry established in F.S. §§ 943.0435, 775.21, and 944.607.

(3)

Participate is defined as attend, take part in, or cooperate with the organization of an event.

(4)

Practices means to carry out or perform any particular activity or method that may celebrate or recognize a particular season, customs or beliefs.

(5)

Non-familial children are defined as those children who are not related to the Sexual Offender or Sexual Predator through biological means, marriage, or adoption.

(c)

Penalties. With regard to enforcement of this Section, the City and the Sheriff's Office may pursue any enforcement action or legal remedy available under the controlling State law and any legal remedy available to the City, to include, but not limited to, injunctive relief, arrest, a fine not exceeding $500 for each occurrence, or by imprisonment for a term not exceeding 60 days or by both a fine and imprisonment for each occurrence, unless prohibited by law.

(d)

Separate violations. Each separate occurrence of any conduct prohibited by this Section shall be a separate violation.

(e)

Countywide Applicability. This is an ordinance of Countywide applicability, enforceable throughout Duval County.

(f)

Preemption. In the event any State or federal law is enacted which is more restrictive in nature than the provisions of this Section, those portions of this Section which are in conflict with the State or federal law will cease to be in effect.

(g)

Severability. If any Section, subsection, sentence, clause, phrase, or provision of this Section is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall become a separate provision and will not affect the validity of the remaining portions of this Section. The City of Jacksonville further declares its intent that this Section would have been adopted if such unconstitutional provision was not included.

(Ord. 2010-836-E, § 5; Ord. 2015-214-E, § 1; Ord. 2016-233-E, § 1; Ord. 2023-247-E, § 1)

Sec. 684.104. - Safe neighborhood improvements districts; powers, duties. TITLE XX - PUBLIC WELFARE AND CONSUMER PROTECTION