Miami-Dade Legislative Item
File Number: 051978
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File Number: 051978 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Community Outreach, Safety & Healthcare Admin Cmte
File Name: SEXUAL OFFENDERS AND SEXUAL PREDATORS Introduced: 6/30/2005
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: Title: ORDINANCE PERTAINING TO CHAPTER 21 OF THE CODE OF MIAMI-DADE COUNTY ENTITLED ''OFFENSES AND MISCELLANEOUS PROVISIONS''; CREATING ARTICLE XVII; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS CONVICTED OF CERTAIN CRIMES FROM LIVING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN MIAMI-DADE COUNTY; PROHIBITING THE RENTAL OR LEASE OF ANY PLACE, STRUCTURE OR PART THEREOF, OR TRAILER OR OTHER CONVEYANCE LOCATED WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY TO SEXUAL OFFENDERS OR SEXUAL PREDATORS; REQUIRING CONFIRMATION THAT PROSPECTIVE RENTER OR LESSEE IS NOT A REGISTERED SEXUAL OFFENDER OR SEXUAL PREDATOR; RESTRICTING SEXUAL OFFENDERS' AND SEXUAL PREDATORS' ACCESS TO CERTAIN PARKS; PROVIDING FOR EXCEPTIONS; PROVIDING MINIMUM STANDARDS PERTAINING TO RESIDENCY AND RENTING OR LEASING TO SEXUAL OFFENDERS OR SEXUAL PREDATORS; PROVIDING FOR APPLICABILITY THROUGHOUT INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY AND SUPERSEDING ANY LESS RESTRICTIVE MUNICIPAL STANDARDS; PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 051767]
Indexes: SEXUAL PREDATORS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Community Outreach, Safety & Healthcare Admin Cmte 8/17/2005 2F Withdrawn
REPORT: See Agenda Item 2F Substitute (Legislative File #052389)

County Attorney 6/30/2005 Referred Community Outreach, Safety & Healthcare Admin Cmte 8/17/2005

County Attorney 6/30/2005 Assigned Abigail Price-Williams 6/30/2005

Board of County Commissioners 6/21/2005 4F Amended Adopted on first reading as amended 8/17/2005 P
REPORT: Hearing no objection, the Board considered the foregoing proposed ordinance simultaneously with Agenda Item 4F Alternate. First Assistant County Attorney Murray Greenberg announced a scrivener’s error existing in the memorandum that should be corrected to read: “Section 21, 282(a) of the Code, in lieu of Section 21-281(a) as indicated at the bottom of type-written page 6. Commissioner Souto suggested the forgoing proposed ordinance be amended to include language in section 21-282(a) of the code …”a sexual offender/predator shall not establish or register the residence if the residence is an illegal, multi-family apartment unit located within a neighborhood zoned for single-family residences.” Commissioner Heyman asked that the amended language not be vague but remain constitutional concerning the specified areas and additional restrictions, and that it not jeopardize the County’s ability to monitor sexual offenders through Law Enforcement. Commissioner Carey-Shuler expressed concern that the proposed ordinance would place a burden on land owners. She noted, however, that she would forward her concerns to the Community Outreach, Safety and HealthCare Administration Committee (COSHAC). Chairperson Martinez noted, for the record, that concerns had been raised that the State of Florida was placing sexual offenders in Adult Living Facilities, and that this would also be addressed at the committee meeting. Upon conclusion of the foregoing, the Board adopted on first reading the foregoing proposed ordinances as amended and scheduled them for public hearing before the Community Outreach, Safety & Healthcare Administration Committee on August 17, 2005 at 2:00 p.m.

Legislative Text


TITLE
ORDINANCE PERTAINING TO CHAPTER 21 OF THE CODE OF MIAMI-DADE COUNTY ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS"; CREATING ARTICLE XVII; PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS CONVICTED OF CERTAIN CRIMES FROM LIVING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN MIAMI-DADE COUNTY; PROHIBITING THE RENTAL OR LEASE OF ANY PLACE, STRUCTURE OR PART THEREOF, OR TRAILER OR OTHER CONVEYANCE LOCATED WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY TO SEXUAL OFFENDERS OR SEXUAL PREDATORS; REQUIRING CONFIRMATION THAT PROSPECTIVE RENTER OR LESSEE IS NOT A REGISTERED SEXUAL OFFENDER OR SEXUAL PREDATOR; RESTRICTING SEXUAL OFFENDERS' AND SEXUAL PREDATORS' ACCESS TO CERTAIN PARKS; PROVIDING FOR EXCEPTIONS; PROVIDING MINIMUM STANDARDS PERTAINING TO RESIDENCY AND RENTING OR LEASING TO SEXUAL OFFENDERS OR SEXUAL PREDATORS; PROVIDING FOR APPLICABILITY THROUGHOUT INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY AND SUPERSEDING ANY LESS RESTRICTIVE MUNICIPAL STANDARDS; PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners, (the "Board"), is concerned about convicted sexual offenders and sexual predators who are released from custody and repeat the unlawful acts for which they had originally been convicted; and
WHEREAS, the Board finds that the recidivism rate for released sexual offenders is alarmingly high, especially for those who commit crimes against children; and

WHEREAS, Miami-Dade County, (the "County"), has a compelling interest in protecting children from predatory sexual activity; and
WHEREAS, prohibiting sexual offenders and sexual predators from living within 2,500 feet of schools, designated public school bus stops, child care facilities or County or municipal parks will reduce the amount of incidental contact sexual offenders and sexual predators have with children; and
WHEREAS, reducing the amount of incidental contact sexual offenders and sexual predators have with children will decrease the opportunity for sexual offenders or sexual predators to commit new sexual offenses against children; and
WHEREAS, Sections 794.065, 947.1405 and 948.30, Florida Statutes, provide for one thousand (1,000) foot residence prohibitions from specified locations for certain sexual offenders and sexual predators in an effort to protect children and other victims; and
WHEREAS, Section 847.0134, Florida Statutes, provides that certain adult entertainment venues may not be located within two thousand five hundred (2,500) feet of the real property that comprises a public or private elementary, middle, or secondary school; and
WHEREAS, in an effort to further protect children, Title 42, Sections 14071 and 3756, of the United States Code demonstrate a federal policy to register and monitor the location of certain sexual offenders and sexual predators; and
WHEREAS, the Board desires to establish a policy regulating where sexual offenders and sexual predators live in an effort to protect children of the County from sexual abuse by sexual offenders and sexual predators,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. That the above recitals of legislative intent and findings are fully incorporated herein as part of this Ordinance.
Section 2. Ordinance creating Article XVII of Chapter 21 of the Code of Miami-Dade County ("the Code"):
ARTICLE XVII. THE MIAMI-DADE COUNTY SEXUAL OFFENDER AND SEXUAL PREDATOR ORDINANCE

Sec. 21-277. Title.

Article XVII shall be known and may be cited as "The Miami-Dade County Sexual Offender and Sexual Predator Ordinance."

Sec. 21-278. 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 the public safety. Sexual offenders are extremely 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.

(b) The intent of this Article is to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the County, particularly children, by prohibiting sexual offenders and sexual predators from establishing temporary or permanent residence in certain areas where children are known to regularly congregate, to prohibit renting or leasing certain property to sexual offenders or sexual predators if such property is located where children are known to regularly congregate and to restrict sexual offenders' and sexual predators' access to certain parks.

Sec. 21-279. Applicability.

This Article shall be applicable to incorporated and unincorporated areas of Miami-Dade County and shall constitute minimum standards for all municipalities in the County regarding sexual offender and sexual predator residence proscriptions, renting or leasing to sexual offenders or sexual predators and restricting sexual offenders' and sexual predators' access to parks. Municipalities may adopt more restrictive standards than the standards contained herein. To the extent a municipality has standards in effect that are less restrictive than the standards
required by this Article, the requirements of this Article shall supersede the requirements of that particular municipality.

Sec. 21-280. Definitions.

The following terms and phrases when used in this article shall have the meanings ascribed to them in this section unless the context otherwise requires:

(1) "Child" or "children" means any person less than sixteen (16) years of age.

(2) "Child care facility" means day nurseries, and family day care homes, licensed by the Department of Children and Families, and as defined in Section 33-151.11 of the Code.

(3) "Convicted" or "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.

(4) "Designated public school bus stop" means a school bus stop approved by the Miami-Dade County School Board.

(5) "Park" means a County or municipal park.

(6) "Permanent residence" means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.

(7) "Reside" or "residence" means to have a place of permanent residence or temporary residence.

(8) "School" means a public or private preschool, elementary, middle or secondary (high) school.

(9) "Sexual offender" shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes.

(10) "Sexual offense" means a violation of Sections 794.011, 800.04, 827.071 or 847.0145, Florida Statutes, or a similar law of another jurisdiction in which the victim of the sexual offense was less than sixteen (16) years of age.

(11) "Sexual predator" shall have the meaning ascribed to such term in Section 775.21, Florida Statutes.

(12) "Temporary residence" means a place where the person abides, lodges, or resides for a period of fourteen (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 four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

Sec. 21-281. Sexual Offender and Sexual Predator Residence Prohibition; Penalties.

(a) It is unlawful for any person who has been convicted of a violation of Sections 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance by a child) or 847.0145 (selling or buying of minors for portrayal in sexually explicit conduct), Florida Statutes, or a similar law of another jurisdiction, in which the victim of the offense was less than sixteen (16) years of age, to reside within 2,500 feet of any school, designated public school bus stop, child care facility, or County or municipal park.

(b) The 2,500 foot distance shall be measured in a straight line from the outer boundary of a sexual offender's or sexual predator's residence to the nearest boundary line of the school, designated public school bus stop, child care facility or County or municipal park. The distance may not be measured by a pedestrian route or automobile route, but instead as the shortest straight line distance between the two points.

(c) Penalties. A person who violates section 21-281 (a) herein shall be punished by a fine not to exceed $1.000.00 or imprisonment in the County jail for not more than 364 days, or by both such fine and imprisonment.

Sec. 21-282. Exceptions.

1. A sexual offender or sexual predator residing within 2,500 feet of any school, designated public school bus stop, child care facility, or County or municipal park does not commit a violation of this section if any of the following apply:

(a) The sexual offender or sexual predator established residence and registered the residence pursuant to Sections 775.21, 943.0435 or 944.607, Florida Statutes, prior to November 1, 2005, or prior to the effective date of a similar ordinance approved by a particular municipality. The sexual offender or sexual predator cannot establish residence or register the residence as used in this section, if the residence is an illegal multi-family apartment unit within a neighborhood zoned for single family residential use.

(b) The sexual offender or sexual predator was a minor when he or she committed the sexual offense and was not convicted as an adult.

(c) The sexual offender or sexual predator is a minor.

(d) The school, designated public school bus stop, child care facility or County or municipal park, within 2,500 feet of the sexual offender's or sexual predator's residence, was opened or designated after the sexual offender or sexual predator established the residence.

2. Section 21-282(a) and (d) herein shall not apply to a sexual offender or sexual predator who is convicted of a subsequent sexual offense as an adult after residing at a registered residence within 2,500 feet of a school, designated public school bus stop, child care facility or County or municipal park.

Sec. 21-283. Property Owners or Lessors Prohibited from Renting Real Property to Certain Sexual Offenders or Sexual Predators; Penalties.

(a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Article of the Code, if such place, structure, or part thereof, trailer or other conveyance, is located within 2,500 feet of a school, designated public school bus stop, child care facility, or County or municipal park.

(b) Prior to letting, renting or leasing any place, structure, or part thereof, trailer or other conveyance for use as a permanent or temporary residence that is located within 2,500 feet of a school, designated public school bus stop, child care facility or County or municipal park, the owner or lessor shall obtain written confirmation from the Florida Department of Law Enforcement ("FDLE"), the Miami-Dade County Police Department Sexual Predator's Unit, the Miami-Dade County Answer Center (311) or other law enforcement agency that the prospective renter or lessee is not a registered sexual offender or sexual predator. A copy of the herein referenced written confirmation shall be retained by the property owner or lessor for not less than two (2) years after the termination of the sexual offender' or sexual predator' residence on the property.

(c) Penalties. A person who violates section 21-283 herein shall be punished by a fine not to exceed $500.00 or imprisonment in the County jail for not more than 60 days, or both such fine and imprisonment. A person who is convicted of a second or subsequent violation of section 21-283 herein shall be punished by a fine not to exceed $1.000.00 or imprisonment in the County jail for not more than 364 days, or by both such fine and imprisonment.

Sec. 21-284. Sexual Offender and Sexual Predator Access to Parks Restricted; Penalties.

(a) It is unlawful for a sexual offender or sexual predator to knowingly be present in a County or municipal park, when a child under the age of sixteen (16) years is present, unless the sexual offender or sexual predator is the parent or guardian of the child present in the park.
(b) A sign shall be posted at the entrance of County and municipal parks which provides that a person convicted of a sexual offense, as defined in section 21-280 herein, shall not be present in a County or municipal park when a child under the age of sixteen (16) years is present, unless the sexual offender or sexual predator is the parent or guardian of the child present in the park.

(c) Penalties. A person who violates section 21-284 herein shall be punished by a fine not to exceed $1.000.00 or imprisonment in the County jail for not more than 364 days, or by both such fine and imprisonment.

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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