Sex offenders and sexual predators

(a)

Findings and intent.

(1)

This section is to be known as "Lauren's Law."

(2)

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.

(3)

It is the intent of this article 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 locations where children regularly gather and can be stalked or observed in concentrated numbers 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.

Permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days.

Temporary residence means 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, 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, or playground.

(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 a school, designated public school bus stop, day care center, park, or playground.

(d)

Penalties.

(1)

A person who violates this section and whose conviction under F.S. §§ 794.011, 800.04, 827.071, or 847.0145, was classified as a felony of the third degree, second degree, first degree, or higher, shall be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 60 days, or by both such fine and imprisonment.

(e)

This section applies to any person convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, for offenses that occur on or after October 1, 2004.

Exceptions. A person residing within 2,500 feet of any school, designated public school bus stop, day care center, park, or playground does not commit a violation of this section 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, designated public school bus stop or day care center within 2,500 feet of the persons permanent residence was opened after the person established the permanent residence.

(Ord. No. 12691, § 2, 6-9-05; Ord. No. 12713, § 2, 7-7-05)