File Number: 053275
|File Number: 053275||File Type: Ordinance||Status: Adopted as amended|
|Version: 0||Reference: 05-206||Control: County Commission|
|Requester: NONE||Cost:||Final Action: 11/15/2005|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|County Attorney||11/23/2005||Assigned||Abigail Price-Williams|
|Board of County Commissioners||11/15/2005||7A AMENDED||Adopted as amended||P|
|REPORT:||Following discussion, Commissioner Sosa proposed to adopt the alternate version of the foregoing proposed ordinance impacting only unincorporated areas; and she also proposed to amend it to encourage its adoption by municipal entities. She suggested that a mechanism be created to circulate to all municipal entities a document for them to include themselves. Chairman Martinez noted that he felt uncomfortable giving Team Metro’s enforcement officers the enforcement responsibilities without the appropriate assistance of a police officer. Commissioner Seijas noted that a mechanism had to be identified to stop the behavior of sexual predators and assist them in abstaining from such dysfunctional behavior whenever these individuals were identified. She commented on her support for any efforts to curtail the activities of sexual predators. Commissioner Diaz accepted to include in the foregoing proposed ordinance an opt-out provision to allow a municipal authority to opt-out within 90 days of its enactment as suggested by Commissioner Gimenez. Upon the conclusion of the discussion, the foregoing proposed ordinance was amended to change Section 21-280(4) to include golf courses and marinas in the definition of parks as requested by Commissioner Carey-Shuler. In response to Commissioner Sosa’s request that the County Manager prepare a written report listing the existing place of residence of sexual offenders within Miami-Dade County, County Manager Burgess advised that the report had been completed and would be presented at the next scheduled meeting of the Community Outreach, Safety and Healthcare Administration Committee of December 14, 2005. Commissioner Sorenson requested that a written report be prepared in six months detailing the activities which occurred, enforcement actions taken, and how the county was impacted by the enactment of this ordinance. Chairman Martinez requested that the Clerk of the Board notify him when the six months had expired. In addressing Commissioner Sorenson’s request for a written report on the ordinance’s impact, Chairman Martinez noted that the report would not be indicative of the deterrence impact because the impact of deterrence could not be determined.|
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 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
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 and limiting their contact with children at parks and child care facilities will reduce the amount of incidental contact sexual offenders and sexual predators have with children; and
WHEREAS, reducing the amount of incidental contact 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 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 establishes 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 and limiting their access to children in an effort to protect children of the County from sexual abuse,
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. 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 parks and child care facilities.
Sec. 21-279. Applicability.
(a) This Article shall be applicable to incorporated and unincorporated areas of Miami-Dade County and shall constitute minimum requirements in all municipalities in the County, except as provided in section 21-279 (b), 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 and child care facilities. Municipalities may adopt more restrictive requirements than the requirements contained herein. To the extent a municipality has requirements in effect that are less restrictive than the requirements required by this Article, the requirements of this Article shall supersede the requirements of that particular municipality.
(b) The requirements of this Article shall be applicable in all municipalities in Miami-Dade County ninety (90) days after the effective date of this ordinance. Notwithstanding any provision to the contrary in the Code, the requirements of this Article shall not apply to any municipality in Miami-Dade County that has, within ninety (90) days after the effective date of this ordinance, adopted a resolution providing that the County's Sexual Offender and Sexual Offender Ordinance shall not apply in that municipality. Any municipality that opts out of the requirements of the County's Sexual Offender and Sexual Predator Ordinance shall provide the Clerk of the Board of County Commissioners with a copy of the resolution.
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(s) 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) "Legal guardian" or "guardian" shall mean biological or adoptive parent of a child registered at a child care facility or a person who is responsible for the care and maintenance of said child pursuant to Florida Statutes or similar laws of another jurisdiction.
(5) "Park" means a County or municipal park excluding a park that includes a shooting range.
(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 kindergarten, 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 conviction under Sections 794.011, [c1] 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, excluding Section 794.011(10), Florida Statutes.
(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.
(b) The 2,500 foot distance shall be measured in a straight line from the outer boundary of the real property that comprises a sexual offender's or sexual predator's residence to the nearest boundary line of the real property that comprises a school. 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 does not commit a violation of this section if any of the following apply:
(a) The sexual offender or sexual predator established a residence and registered said residence pursuant to Sections 775.21, 943.0435 or 944.607, Florida Statutes, prior to the effective date of this ordinance. The sexual offender or sexual predator shall not be deemed to have established a residence or registered said residence for purposes of this section, if the residence is an illegal multi-family apartment unit within a neighborhood zoned for single family residential use.[c2]
(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 school was opened after the sexual offender or sexual predator established the residence.
2. Section 21-282 (1)(a) and (1)(c) 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.
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. Knowingly renting to a sexual offender or predator shall include, but shall not be limited to, renting or leasing a residence after being notified that the prospective renter, lessee or adult resident is a sexual offender or predator as defined in this ordinance.
(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, and annually thereafter if a rental agreement is entered into, the owner or lessor shall obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective renter, lessee or adult resident is not a registered sexual offender or sexual predator as a result of a conviction of a sexual offense as defined in section 21-280 (10) herein. A person may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective renter, lessee or adult resident is a sexual offender or predator and to determine whether a residence is 2,500 feet. from a particular school.
(1) A person who violates section 21-283 (a) 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 (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.
(2) A person who violates section 21-283 (b) herein shall be punished by a civil penalty of five hundred dollars ($500.00) in the manner established by Chapter 8CC of this Code. Each day of violation or noncompliance shall constitute a separate offence.
Sec. 21-284. Sexual Offender and Sexual Predator Access to Parks and Child Care Facilities Restricted; Penalties.
(a) It is unlawful for a sexual offender or sexual predator convicted of a sexual offense, as defined in section 21-280 (10), 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 legal guardian of a child present in the park.
(b) Signage at the entrance of County and municipal parks shall include notification that a person convicted of a sexual offense, as defined in section 21-280 (10) herein, shall not be present in a 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 a child present in the park.
(c) It is unlawful for a sexual offender or sexual predator convicted of a sexual offense, as defined in section 21-280 (10), to knowingly enter or remain in a child care facility ("facility") or on its premises unless the sexual offender or sexual predator:
(1) Is dropping off or picking up a child registered at the facility and is the parent or legal guardian of said child and
(2) Remains under the supervision of a facility supervisor or his or her designee while on the facility premises. [c3]
(d) Penalties. A person who violates section 21-284 (a) or (c) 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 by both such fine and imprisonment. A person who is convicted of a second or subsequent violation of section 21-284 (a) or (c) 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. Chapter 8CC-10, Schedule of Civil Penalties, of the of the Code of Miami-Dade County, Florida, is hereby amended to include a civil penalty in the amount of $500.00 for violation of Section 21-283 (b) as follows:1
* * *
Sec. 8CC-10. Schedule of civil penalties.
The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.
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Description of Violation
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Failure to confirm that a prospective renter, lessee or adult resident is not a sexual offender or predator prior to renting or leasing property for use as a residence when said residence is located within 2,500 feet of a school.
Section 4. 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 5. 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 6. 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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