§ 70-402. Sexual offender and sexual predator residence prohibition; penalties; exceptions.

(a)

Prohibited location of residence. It is unlawful for any person who:

(1)

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;

(2)

Or is required to register as a sexual offender or sexual predator with the State of Florida Department of Law Enforcement due to an offense where the victim 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, playground, or other place where children regularly congregate.

(b)

Measurement of distance. 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, playground, or other place where children regularly congregate.

(c)

Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not more than 12 months, or by both such fine and imprisonment.

(d)

Exceptions. A person residing within 2,500 feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate does not commit a violation of this section if any of the following apply:

(1)

For persons subject to subsection 70-402(a)(1), the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to July 1, 2005; for persons only subject to subsection 70-402(a)(2), the person established a permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435, or 944.607 prior to November 18, 2006.

(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 or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607.

(Ord. No. 2005-3485, § 1, 6-8-05; Ord. No. 2006-3541, § 1, 12-6-06)