§ 14-3. Sexual offender and sexual predator residence prohibition; penalties; exceptions.

(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 a similar crime in another jurisdiction, 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 two thousand five hundred (2,500) feet of any school, designated public school bus stop, child care facility, family day care home, park, playground or other place where children regularly congregate.

(b)

It is unlawful for any person who is required to register as a sexual offender or sexual predator under the laws of the state, to establish a permanent residence or temporary residence 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.

(c)

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, child care facility, family day care home, park, playground, or other place where children regularly congregate.

(d)

Penalties. A person found to be in violation of this section shall be subject to arrest or issued a notice to appear and shall appear at the prearranged court date to answer the charge. Once notified of the residency restriction, the person shall have two (2) weeks to vacate the premises. A person who fails to vacate the premises within two (2) weeks after receiving notice of the residency restriction shall be subject to arrest.

A person who violates this section 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 in the county jail not more than twelve (12) months or by both such fine and imprisonment.

(e)

Exceptions. A person residing within two thousand five hundred (2,500) feet of any school, designated public school bus stop, child care facility, family day care home, park, playground, or other place where children regularly congregate does not commit a violation of this section if any of the following apply:

(1)

The person established the permanent residence prior to July 1, 2005.

(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 child care facility or family day care home within two thousand five hundred (2,500) feet of the person's permanent residence was opened after the person established the permanent residence.

(Ord. No. 2005-110, § 2, 7-19-05; Ord. No. 2007-101, § 3, 3-6-07)