§ 8-13. Sexual offenders and sexual predators residency prohibition.
(a)
Findings and intent. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual offenders and 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.
(b)
Intent. It is the intent for 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, to prohibit certain sexual offenders and sexual predators from establishing temporary or permanent residence.
(c)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon(s) means to desert, surrender, or relinquish occupancy of a Permanent or Temporary residence, as those terms are defined in this subsection. Such desertion, surrender, or relinquishment of a Permanent or Temporary residence shall include, but not be limited to, any period of incarceration.
Convicted means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
Permanent residence means a place where the person abides, lodges, or resides for fourteen (14) or more consecutive days.
Temporary residence means a place where the person abides, lodges, or resides for a period of fourteen (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 abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(d)
Residency prohibition. 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, (hereinafter "person"), or convicted of a similar 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 sixteen (16) years of age, to establish a permanent residence or temporary residence within two thousand five hundred (2,500) feet of any school, designated public school bus stop, day care center, park or playground. For purposes of this subsection (d), the conviction must be for a crime that occurred on or after August 9, 2005.
(e)
Minimum distance separation. For the 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 or playground.
(f)
Penalties. A person who violates this section shall be punished under section 1-15 of the City Code.
(g)
Exceptions. A person residing within two thousand five hundred (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 the effective date of this section and does not abandon this residence after the effective date of this section;
(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, day care center, park or playground within two thousand five hundred (2,500) feet of the person's permanent residence was designated or opened after the person established the permanent residence.
(h)
Property owners prohibited from renting real property to certain sex offenders and sexual predators; penalties.
(1)
It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to subsections (d) through (g) of this section, if such place, structure, or part thereof, trailer or other conveyance, is located within two thousand five hundred (2,500) feet of any school, designated public school bus stop, day care center, park, or playground.
(2)
A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in section 1-15 of the Code, sections 2-116 through 2-127 of the Code as amended pertaining to code enforcement proceedings before the city's special magistrate, and any other relief the city may seek as otherwise provided by law. Each day the property is in violation shall constitute a separate offense.
(i)
Convicted sexual offenders required to register with Florida Department of Law Enforcement and Convicted Sexual Predators required to register with Florida Department of Law Enforcement; residency restrictions.
(1)
Notwithstanding subsection (d) above, any convicted sexual offender or any convicted sexual predator, as those terms are defined by Florida Statutes, and as amended, who is required by Florida law to register with the Florida Department of Law Enforcement ("FDLE"), shall not establish a Permanent residence or Temporary residence within two thousand five hundred (2,500) feet of any school, designated public school bus stop, day care center, park or playground.
(2)
If a convicted sexual offender who is required to register with the FDLE Sexual Offender Database abandons his or her temporary or permanent residence located within the City of Sunrise, he or she shall be subject to the provisions of subsection (i)(1) above should he or she seek to establish a temporary or permanent residence located within the City of Sunrise, regardless of whether he or she fell within one (1) or more exemptions stated herein prior to abandoning said residence.
(3)
If a convicted sexual predator who is required to register with the FDLE Sexual Offender Database abandons his or her temporary or permanent residence located within the City of Sunrise, he or she shall be subject to the provisions of subsection (i)(1) above should he or she seek to establish a Temporary or Permanent residence located within the City of Sunrise, regardless of whether he or she fell within one (1) or more exemptions stated herein prior to abandoning said residence.
(4)
For purposes of this subsection (i), the underlying offense for the convicted sexual offender or convicted sexual predator must have occurred on or after October 9, 2007.
(Ord. No. 469, § 1, 8-9-05; Ord. No. 469-07-A, § 1, 10-9-07; Ord. No. 469-10-A, § 2, 4-27-10)