Loading...
HomeMy Public PortalAboutOrdinance 1950 Sexual Offenders & PredatorsCLERK'S CERTIFICATE STATE OF FLORIDA COUNTY OF OKALOOSA CITY OF CRESTVIEW ) ss File N 3648993 09/27/2023 03:16:02 PM Fees: $69.50 JD Peacock II, Clerk of Total Pages: 8 Okaloosa County, FL Circuit Court & Comptroller I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1950 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 25th day of September 2023, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 27th day of September 2023. (SEAL) Mary nlie City Clerk City of Crestview Okaloosa County, Florida er, MMC, MA ORDINANCE NO. 1950 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, ESTABLISHING CHAPTER 55 — SEXUAL OFFENDERS AND SEXUAL PREDATORS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Crestview is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat the unlawful acts for which they were originally convicted; and WHEREAS, the City is becoming an increasingly attractive place of residence for families with children; and WHEREAS, § 775.215 and 947.1405, Florida Statutes, provides that certain sexual offenders and sexual predators may not establish a residence within one thousand (1,000) feet of specified locations; and WHEREAS, the City Council of the City of Crestview desires to prohibit sexual offenders and sexual predators from establishing a residence within one thousand five hundred (1,500) feet of certain locations within the City. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1— AUTHORITY. The City Council of the City of Crestview has authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes. SECTION 2 — A new Chapter 55 of the Code of Ordinances of the City of Crestview, Florida is hereby adopted as follows: Chapter 55 SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 55-1. Findings and intent. (1) The high level of threat that sexual predators and offenders present to the public safety, and the long-term effects suffered by victims of sex offenses, provide the city with sufficient justification to implement a strategy. (2) Repeat sexual offenders, sexual offenders who use physical violence, sexual offenders who prey on children, and sexual predators present an extreme threat to public safety. Sexual offenders are 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. (3) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens and visitors by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering, prowling or establishing temporary or permanent residence. Sec. 55-2. 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: Childcare facility means any building or shelter in which custodial care is rendered to children, and for which compensation is received in the form of a payment, fee, grant, goods or services in kind for any of the children receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides child custodial care. The term also refers to the childcare operation associated with the building or shelter, and also includes specialized childcare facilities for the mildly ill. A childcare facility includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. City police department means the City of Crestview Police Department. Community shall mean any city where the sexual predator resides or otherwise establishes or maintains a temporary or permanent residence. Community center means a single general-purpose structure represented as a community center owned and operated by the city or any private, nonprofit organization and used predominantly for educational, literary, scientific, religious, or charitable purposes relating to children. Conviction 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. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Designated school bus stop means all locations established by F.S. § 1006.22 where public school students are for the purpose of transporting students to and from school located within the boundaries of the City of Crestview. Park means and includes all public and private property specifically designated as being used for park and recreational purposes, including but not limited to aquatic centers, linear parks, athletic fields and racquetball, basketball and tennis courts where children regularly congregate. Permanent residence shall mean a place where a person abides, lodges, or resides for five or more consecutive days. Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides. Police chief means the chief law enforcement officer of the City of Crestview. Sexual offender is defined herein by the criteria, designation and registration set forth in F.S. •§ 943.0435. Sexual predator is defined herein by the criteria, designation and registration set forth in F.S.-§ 775.21. Out of state sexual offender or sexual predator means any person who resides in the City of Crestview who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender in another state or jurisdiction and is, as a result of such designation, subject to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, and is required to register as a sex offender in the State of Florida. School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education and includes a "private school" as defined in F.S. § 1002.01, a "voluntary prekindergarten education program" as described in F.S. § 1002.53(3), a "public school" as described in F.S. § 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established in F.S. § 1002.37, and a K-8 Virtual School as established in F.S. § 1002.415, excluding facilities dedicated exclusively to the education of adults. Temporary residence means a place where the person abides, lodges, or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. Sec. 55-3. Sexual offender and sexual predator residency restrictions and prohibition. (1) 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. (2) 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. (1) Exceptions. A person residing within 1,500 feet of any school, designated school bus stop, childcare facility, park, playground, or community center, or other place where children regularly congregate does not commit a violation of this article if any of the following apply: (a) 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. (b) 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. (c) The person was a minor when he/she committed the offense and was not convicted as an adult. (d) The person is a minor. (e) 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. Sec. 55-4. Temporary emergency shelter; sexual predators and offenders notification requirements. (1) Any person who is required by Florida law to register with law enforcement as a sexual predator -or' sexual offender and:who'utilizes or intends'to utilize: a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and sexual offenders. (2) The police chief may designate a public building or a jail or other correctional facility, within his or her authority, as a temporary shelter to be utilized by sexual predators and sexual offenders. Sec. 55-5. Loitering or prowling by persons convicted of certain sex offenses. It shall be unlawful for any person who has been convicted of a violation of F.S. § 787.01, F.S §787.02, F.S. § 794.011, F.S. § 800.04, F.S. § 827.071, or F.S. § 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 loiter or prowl as proscribed in F.S. § 856.021 within. 300 feet of the parcel border of any place where children regularly congregate, including a school, designated public school bus stop, child care facility, playground, or park. Sec. 55-6. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (1) It shall be a violation of this Code for a landlord or owner of residential property in the city to let or rent a residence to any person prohibited from establishing such permanent residence of temporary residence pursuant to sections 55-3 and 55-4 above, if such residence is located within 1,500 feet of any school, designated school bus stop, child care facility, park, playground, or community center, or other place where children congregate. (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 this Code. (3) A landlord shall not be liable under the provisions of this section if they can demonstrate they made a good faith effort to ascertain whether the proposed tenant,or any persons who will reside with the tenant are prohibited from establishing residence pursuant to sections 55-3 and 55-4. If the landlord receives an affidavit from the tenant that the people who reside with them_ are not on the list and the landlord checks the registration list based on the identifications of tenants and residents proposed to be living in the rental unit to confirm the persons are not on the list. Receipt of such affidavit and efforts of confirmation shall demonstrate that a landlord has exercised good faith in ascertaining whether they were renting to a sexual predator or sexual offender, even if it is ultimately determined that a sexual predator or sexual offender did reside in theirrental unit. Sec. 55-7. Applicability: This chapter shall apply only within the boundaries of the City of Crestview. Sec. 55-8. Application of ordinances existing contracts. The provisions of this article shall not be applied to persons residing at a prohibited location on the effective date of this article such that it is not the intent of this article to impair valid, existing and bona fide contract rights; provided, however, that the provisions of this article shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship or the expiration of a lease term in an existing lease. When a person who is the subject of this article changes residences, this article shall fully apply to such persons. Sec. 55-9. Enforcement. This article is enforceable by all means provided by law, including criminal penalties and civil remedies such as injunctive relief in the circuit court in and for Okaloosa County. Sec. 55-10. Penalties. Any violation of any portion of this article shall be punishable as provided by law. A person who violates this article 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 dollars or imprisonment for a term not exceeding 12 months, or by both such fine and imprisonment. Any person violating any of the provisions of this article may be prosecuted in the same manner as misdemeanors are prosecuted. Additionally, if the offender is supervised by the department of corrections under conditional release, the offender may be charged with a violation of his or her supervision and be returned to state custody. SECTION 3 - FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of the Circuit Court of Okaloosa County and with the Florida Department of State. SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed to the maximum extent legally permissible in order to effectively carry out the purposes hereof. SECTION 7 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 25th day of September 2023. Approved by me this 25th day of September 2023. ATTEST: T V �r ,A�g . wr G WOO" v. "c by e (o' ,. l ,: s-. s,Oo B Q� 4+r • ?O�CiA •••,•••••t Ma ader City 1