§ 54-367. Sexual offender and sexual predator residence prohibition.

(a)

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, or any amendments thereto, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or any person who is designated as a sexual predator, sexually violent predator or sexual offender in another state or jurisdiction subject to registration or community notification under Florida law, to establish a permanent residence or temporary residence within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, community center, or other place where children regularly congregate.

(b)

For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outermost property line of the permanent residence or temporary residence to the nearest outermost property line of a school, designated public school bus stop, day care center, park, or playground. The distance may not be measured by a pedestrian route or automobile route, but instead shall be measured as the shortest straight line between the two points without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, under those circumstances in which the residential dwelling unit of the restricted sexual offender or sexual predator is within a cooperative, condominium, or apartment building, the parcel of real property described in this paragraph shall consist of the parcel or parcels of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender or sexual predator is located.

(c)

Exceptions: A person residing within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, does not commit a violation of this article if any of the following apply:

(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 the effective date of this article.

(2)

The sexual offender or sexual predator established the permanent residence prior to the effective date of this article, 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 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center.

(3)

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

(4)

The person is a minor.

(5)

The school, designated public designated school bus stop, child care facility, park, playground, or community center within 1,500 feet of the person's permanent residence or temporary 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. 4159-08, § 2, 7-28-2008)