HomeMy WebLinkAboutOrdinance 2005-231
ORDINANCE NO. 2005- 2. 3\
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, ENTITLED "SEXUAL
OFFENDERS AND SEXUAL PREDATORS," PROVIDING
FOR FINDINGS AND INTENT; PROVIDING FOR
DEFINITIONS; PROHIBITING SEXUAL OFFENDERS
CONVICTED OF CRIMES UNDER CERTAIN FLORIDA
STATUTES FROM LIVING WITHIN 2,500 FEET OF
SPECIFIED LOCATIONS WITHIN THE CITY OF SUNNY
ISLES BEACH; PROVIDING FOR PENAL TIES; PROVIDING
FOR EXCEPTIONS FOR CERTAIN CONVICTED SEXUAL
OFFENDERS; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sunny Isles Beach are deeply concerned
about the numerous recent occurrences in our state and elsewhere, whereby convicted sex offenders
who have been released from custody repeat the unlawful acts for which they had originally been
convicted; and
WHEREAS, the City Commission finds that recidivism rate for released sex offenders is
alarmingly high, especially for those who commit sex crimes on children; and
WHEREAS, the City is becoming an increasingly attractive place of residence for younger
families with small children; and
WHEREAS, the City Commission desires to establish policy which provides the maximum
protection of the lives and persons in the City of Sunny Isles Beach; and
WHEREAS, Section 794.065 and 947.1405, Florida Statutes, provide for one thousand
(1,000) foot residence prohibitions from specified locations for certain sexual offenders and sexual
predators; and
WHEREAS, Article VIII, Section 2(b), Florida Constitution and Section I 66.021, Florida
Statutes, provide the City authority to protect the health, safety, and welfare of its residents; and
WHEREAS, the United States Eighth Circuit Court of Appeals recently issued an opinion in
the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005), in which the Court upheld
similar residency restrictions contained in the State oflowa Statutes, and found the restrictions to be
constitutional; and
WHEREAS, the City Commission of the City of Sunny Isles Beach finds that creating
Chapter 15 entitled "Miscellaneous Offenses," is in the best interest of the citizens of the City.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
Section 2.
Findings and Intent.
(a) 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 public safety. Sexual
offenders are likely to use physical violence and repeat their offenses, and many sexual offenders
commit offenses that go unreported 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) It is the intent of this Ordinance 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 congregate in concentrated numbers wherein certain sexual offenders and
sexual predators are prohibited from establishing temporary or permanent residence.
Section 3.
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:
(a) "Permanent residence" means a place where the person abides, lodges, or resides for 14 or more
consecutive days.
(b) "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 4 or more
consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
Section 4.
Sex Offender Residency Prohibition.
(a) It is unlawful for any person who has been convicted of a violation of Sections 794.011,
800.04, 827.071, or 847.0145, Florida Statutes, regardless of whether adjudication has been
withheld, in which the victim of the offense was less than 16 years of age, to reside within two
thousand five hundred (2,500) feet of any school, designated public school bus stop, day care center,
park, playground, 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 outer property line of the permanent residence or
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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.
Section 5.
Penalties.
(a) 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 twelve (12) months, or by both
such fine and imprisonment.
(b) This section applies to any person convicted of a violation of Sections 794.011, 800.04,
827.071, or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld.
Section 6. 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:
(i) The person established the permanent residence prior to effective date of this
Ordinance.
(ii) The person was a minor when he/she committed the offense and was not
convicted as an adult.
(iii) The person is a minor.
(iv) The school, designated public school bus stop, or day care center within
2,500 feet of the person's permanent residence was opened after the person
established the permanent residence.
Section 7. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles
Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as
required.
Section 8.
repealed.
Repealer. All Ordinances or parts of Ordinances in conflict or inconsistent are
Section 9. Severability. If any word, clause, phrase, sentence, paragraph or Section of this
Ordinance is held to be invalid by a court of competent jurisdiction, such declaration of invalidity
shall not affect any other word, clause, phrase, sentence, paragraph or Section of this Ordinance.
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Section 10. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the /4.-#.daYOf .Jv.l.tf ,2005.
PASSED and ADOPTED on second reading the ~ day of 5~ ,2005.
ATT~ST:'_ .'
~~
Jane A. Hines, City Clerk
J
Moved by: ~tv\~~~ ~
Seconded by: Co~ (S~~2).v
Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
0Yes)
0"Y es)
0Y es)
~Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
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