§ 16-127. Sexual offender and sexual predator residence prohibition; penalties; exceptions.

(a)

[ Residence. ]It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0145, 787.01, 787.02 or 787.025, as may be amended from time to time, or convicted of a similar felony sexual offense in any other state, federal court of 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 one thousand four hundred (1,400) feet of any of the following:

(1)

Any school where the majority of the population attending are students less than sixteen (16) years of age;

(2)

Designated public school bus stop;

(3)

Child day care facility as defined in the city's Unified Land Development Regulations where the majority of the population attending are students less than sixteen (16) years of age;

(4)

Park or playground.

(b)

[ Determination. ] For purposes of determining the minimum distance separation the distance shall be measured by following a straight line from the outer most property line of the permanent residence or temporary residence to the nearest outer most property line of any school, public school bus stop, child day care facility, park, or playground as described in subsection (a) or other place where children regularly congregate.

(c)

Penalty. A person who violates this section and whose conviction under F.S. §§ 794.011, 800.04, 827.071, 847.0145, 787.01, 787.02 or 787.025, as may be amended from time to time, was classified as a felony of the third degree, second degree, first degree, or higher, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (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 one thousand dollars ($1,000.00) or imprisonment for not more than twelve (12) months, or by both such fine and imprisonment.

(d)

Exceptions. A person residing within one thousand four hundred (1,400) feet of any school, designated public school bus stop, child day care facility, park or playground, each as defined in subsection (a), 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, as may be amended from time to time, prior to the effective date of this article.

(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 child day care facility park or playground within one thousand four hundred (1,400) feet of the person's 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, as may be amended from time to time.

(5)

The sexual predator or offender has received a pardon or has had a conviction set aside in a post conviction proceeding for the offense that met the criteria for classifying the person as a sexual predator or offender for purposes of registration.

( Ord. No. C-07-97, § 1, 10-2-07 )