File Number: 093288
|Printable PDF Format Clerk's Official Copy|
|File Number: 093288||File Type: Ordinance||Status: Adopted|
|Version: 0||Reference: 10-01||Control: Board of County Commissioners|
|Requester: NONE||Cost:||Final Action: 1/21/2010|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||1/21/2010||7A||Adopted||P|
|REPORT:||First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Vice Chairman Diaz explained that an existing ordinance prohibited sexual offenders and predators from living within 2,500 feet of any school in the County. He noted the intent of the foregoing proposed ordinance was to establish a uniform policy allowing for better enforcement throughout the County. He outlined the child safety zones proposed to be created by this ordinance. Vice Chairman Diaz expressed appreciation to Mr. Ron Book, Ms. Lauren Book, and Mr. Jim Loftus, a director in the Miami-Dade Police Department, for being present at today’s (1/21) meeting. He also expressed appreciation to two members of the State Attorney’s Office for supporting this item. Mr. Ron Book noted that this ordinance would greatly help resolve issues regarding the area under the Julia Tuttle Causeway, and would eliminate conflicts between County and municipal ordinances regarding sexual predator and residency restriction. Mr. Book expressed appreciation to the County Commission on behalf of Ms. Lauren Book, her foundation, and others, for their efforts to make the community safer. Ms. Lauren Book, 18851 NE 29 Avenue, Executive Director of Lauren’s Kids Foundation, noted her foundation worked to prevent sexual abuse through education, and to heal survivors. She noted that this County Commission was the most proactive in the State in the cause to protect children. She also noted that this ordinance would prevent sexual predators and offenders from fostering relationships with children. Ms. Book noted that more than 85,520 children in the Miami-Dade Public School system were projected to be abused before they graduated from high school. She spoke about sexual and other physical abuse that she experienced as a child. Commissioner Diaz noted he would be submit proposed legislation to name the child safety zones after Ms. Book. Mr. Loftus noted this ordinance would provide MDPD officers with the tools to enforce violations of the child safety zone laws. Chairman Moss and Commissioners Seijas and Sosa commended Vice Chairman Diaz for his commitment to this cause of protecting children. Vice Chairman Diaz’ call for co-sponsors of the foregoing ordinance found no objectors. It was moved by Vice-Chairman Diaz that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Edmonson and upon being put to a vote, passed by a vote of 10-0 (Commissioners Barreiro, Sorenson, and Souto were absent). Later in the meeting, Commissioner Sorenson noted she wanted to be recorded “yes” on the foregoing ordinance. It was moved by Vice-Chairman Diaz that the foregoing ordinance be reconsidered. This motion was seconded by Commissioner Sosa and upon being put to a vote, passed by a vote of 12-0 (Commissioner Souto was absent). Hearing no further questions or comments, the Commission proceeded to vote on the foregoing ordinance as presented.|
|County Attorney||12/16/2009||Assigned||Thomas W. Logue||12/17/2009|
|Health, Public Safety & Intergovernmental Cmte||12/10/2009||2B SUBSTITUTE AMENDED||Forwarded to BCC with a favorable recommendation with committee amendment(s)||P|
|REPORT:||Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing and the following individual(s) appeared: Ms. Lauren Book-Lim, 18851 NE 29 Avenue, Lauren’s Kids, appeared before the Board and spoke in support of this proposed ordinance. Ms. Carlene Sawyer, 4500 Biscayne Boulevard, President of the American Civil Liberties Union of Florida (ACLU), thanked the County Commissioners, particularly Commissioner Diaz, for his diligence in bringing forth legislation to protect the citizens of this community from sexual predators or offenders. She spoke in opposition to this proposed ordinance and noted she felt that it was severely inadequate as presented. Ms. Sawyer provided the Committee members with a copy of a Final Report entitled, “Availability and Spatial Distribution of Affordable Housing in Miami-Dade County and Implications of Residency Restriction zones for Registered Sex Offenders.” Mr. Benjamin Burton, 3550 Biscayne Boulevard, Miami Coalition for the Homeless (MCH), appeared before the Committee and advised Commission members that members of the MCH would like to collaborate with the County in this effort to address homelessness pursuant to this ordinance. Mr. Ronald Book, 18851 NE 29 Avenue, appeared before the Board and noted he was speaking today as a children’s advocate and as Chairman of Lauren’s Kids. He commended Commissioner Diaz for his leadership on this proposed ordinance, and urged Committee members to forward it for consideration by the County Commission on December 15, 2009. Hearing no one else wishing to speak before the Committee, Chairwoman Heyman closed the public hearing. Chairwoman Heyman questioned whether this proposed ordinance would supersede other existing legislation enacted by municipalities pertaining to child restriction zones. Assistant County Attorney Thomas Logue stated this proposal would preempt all municipal ordinances and if approved, would limit the regulatory agencies to the Miami Dade County and the State of Florida, which was a regional approach. A discussion ensued between Chairwoman Heyman and Commissioner Diaz regarding the residency restrictions. Commissioner Diaz noted the intent of this proposed ordinance was providing consistency or uniformity in sexual offender and predator residency restrictions throughout the County. Commissioner Sosa asked Assistant County Attorney Thomas Logue to provide her with a definition of “sexual offender and sexual predator” and whether “Romeo and Juliet” type offense could be prosecuted as a sexual predator before this ordinance was forwarded to the County Commission. She also asked that staff ensure all municipalities be notified and invited to participate in the discussion when this matter was considered by the County Commission. In response to Commissioner Souto’s question whether this proposed ordinance was in conflict with any existing State and Federal laws, Assistant County Attorney Logue stated it was not in conflict with any existing laws. A discussion ensued between Commissioners Souto and Diaz regarding how this proposed ordinance would enhance the protection of children from sexual predators in this community. Further discussion ensued between Commissioner Souto and Assistant County Attorney Logue regarding the difference in committing a sexual act versus loitering and prowling in a Child Safety Zones. Commissioner Diaz thanked Mr. Book and Ms. Lauren Book for their foundation to assist young girls on this issue. He noted he worked with various Florida State legislators to address Commission Sosa’s issue regarding the “Romeo and Juliet” and to create a category for this type of offense. Assistant County Attorney Thomas Logue noted a technical amendment should be made to remove the following language from Section 21-282 (1) (a) of this ordinance: “…and registered said residence pursuant to Sections 775.21, 943.-0435 or 944.607, Florida Statutes.” It was moved by Commissioner Diaz that the foregoing proposed ordinance be forwarded to the Board of County Commissioners (BCC) with a favorable recommendation with a Committee amendment(s) to remove the following language from Section 21-282 (1)(a): “and registered said residence pursuant to Sections 775.21, 943.-0435 or 944.607, Florida Statutes.” This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 4-1 (Commissioner Souto voted “No” and Commissioner Barreiro was absent). Hearing no further comments or questions, the Committee forwarded this proposed ordinance to the Board of County Commissioners (BCC) with a favorable recommendation with Committee amendment(s).|
ORDINANCE RELATING TO SEXUAL OFFENDERS AND PREDATORS; CREATING SECTION 21-285 OF THE CODE OF MIAMI-DADE COUNTY; CREATING CHILD SAFETY ZONES AND PROHIBITING LOITERING AND PROWLING IN CHILD SAFETY ZONES; AMENDING ARTICLE XVII OF CHAPTER 21 OF THE CODE RELATING TO RESIDENCY RESTRICTIONS; APPLYING MIAMI-DADE COUNTY SEXUAL OFFENDER AND PREDATOR RESIDENCY RESTRICTIONS THROUGHOUT INCORPORATED AND UNINCORPORATED MIAMI-DADE COUNTY; PREEMPTING MUNICIPAL SEXUAL OFFENDER AND PREDATOR RESIDENCY RESTRICTIONS; ADDING A QUALIFYING OFFENSE TO CONFORM TO STATE STATUTES; AND PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
WHEREAS, the goal of protecting children from sexual offenders and predators is of utmost importance to Miami-Dade County; and
WHEREAS, this vital goal cannot be accomplish by a single law, but instead depends upon a cohesive and functional system of federal, state, and local laws, which must be adjusted and adapted from time to time to address new threats and circumstances as they arise; and
WHEREAS, circumstances have arisen in Miami-Dade County indicating that the paramount purpose of protecting children would be better served by Miami-Dade County preempting municipal residency restriction ordinances for the reasons set forth below; and
WHEREAS, currently the residency of sexual offenders and predators in Miami-Dade County is governed by three levels of laws, namely: state statutes, which prohibit sexual offenders from living within 1,000 feet of schools, daycares, parks, or playgrounds; a county ordinance, which prohibits sexual offenders from living within 2,500 feet of schools only; and a patchwork of at least 24 separate municipal ordinances, which generally prohibit sexual offenders from living within 2,500 feet of schools, daycares, parks, playgrounds and sometimes other points such as bus stops and other locations where children congregate; and
WHEREAS, the County’s residency restrictions strike a proper balance between protecting children around the crucial and vulnerable areas of schools while still leaving available residential units in which sexual offenders can find housing; and
WHEREAS, in contrast, almost all of the municipal ordinances enacted to date tend to create zones in which sexual offenders are almost completely excluded from available housing, because nearly all residential units in a developed area are within 2,500 feet of schools, daycares, parks, playgrounds, bus stops, or one of the other points on which the municipal buffer zones are based; and
WHEREAS, these municipal ordinances have had the unintended effect of shifting the only available housing for sexual offenders to the unincorporated areas of the County and to those cities that have not yet enacted sexual offender residency ordinances; and
WHEREAS, in Broward County, a similar trend has created a situation in which a disproportionate number of sexual offenders are concentrated in a few neighborhoods in the unincorporated area, detrimentally impacting living conditions and housing values in those areas, and unreasonably increasing the risk to children in those areas; and
WHEREAS, in Miami-Dade County, the problem of balancing the interests of people impacted by residency restrictions has become a regional problem that should be addressed at a regional level by preempting municipal ordinances and thereby limiting the unintended consequence of clustering the sexual offenders in a few, disfavored neighborhoods while still providing protections over and above the protections provided by State law; and
WHEREAS, the creation of child safety zones where it is prohibited for a convicted sexual offender or predator to loiter would be a useful addition to the County’s laws designed to protect children from sexual offenders and 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. Article XVII of Chapter 21 of the Code of Miami Dade County (“the Code”) is hereby amended to read as follows:
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 >>the<< 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) >>This<<[[The requirements of this]] Article shall be applicable in all municipalities in Miami-Dade County >>on<< [[ninety (90) days after]] the effective date of this ordinance. >>All municipal ordinances in Miami-Dade County establishing sexual offender or predator residency restrictions are hereby preempted and shall stand repealed.<< [[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) “Child safety zone” means an area three hundred (300) feet extending from schools, child care facilities, parks, and school bus stops measured in a manner similar to the measurement of the residency restriction area provided in this ordinance.<<
[[(3)]]>>(4)<< “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)]]>>(5)<< “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)]]>>(6)<< “Park” means a County or municipal park excluding a park that includes a shooting range.
[[(6)]]>>(7)<< “Permanent residence” means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
[[(7)]]>>(8)<< “Reside” or “residence” means to have a place of permanent residence or temporary residence.
[[(8)]]>>(9)<< “School” means a public or private kindergarten, elementary, middle or secondary (high) school.
[[(9)]]>>(10)<<“Sexual offender” shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes.
[[(10)]]>>(11)<<“Sexual offense” means a conviction under Sections 794.011, 800.04, 827.071>>, 847.0135(5)<< or 847.0145, Florida Statutes, or a similar law of another jurisdiction in which the victim >>or apparent victim<< of the sexual offense was less than sixteen (16) years of age, excluding Section 794.011(10), Florida Statutes.
[[(11]]>>(12)<<“Sexual predator” shall have the meaning ascribed to such term in Section 775.21, Florida Statutes.
[[(12)]]>>(13)<<“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)>>, 847.0135 (5) (sexual acts transmitted over computer)<< 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 >>or apparent 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.
(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.
(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. Section 21-285 of the Code of Miami-Dade County is hereby created to read as follows:
>>21-285. Loitering or prowling in child safety zone; Penalties.
(a) It is unlawful for any sexual offender or sexual predator:
(1) to loiter or prowl with the intent to commit a sexual offense as listed in Sec. 21-280(11) of this Article;
(2) while knowingly within a child safety zone when children are present; and
(3) to engage in overt conduct that, under the circumstances, manifests an intent to commit a sexual offense as listed in Sec. 21-280(11) of this Article.
(b) Conduct which may, under the circumstances, be deemed adequate to manifest an intent to commit a sexual offense as listed in Sec. 21-280(11) of this Article includes, but is not limited to, conduct such as the following:
(1) making sexual conversation or sexual remarks to a child;
(2) making lewd or sexual gestures to a child, or exposing sexual organs to a child;
(3) giving gifts of candy, money, music, or other items to a child to which he or she is not related or acquainted.
(c) Unless flight by the sexual offender or sexual predator or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the sexual offender or predator an opportunity to explain his or her presence and conduct. No sexual offender or predator shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it is proven at trial that the explanation given by the sexual offender or predator is true, and that the sexual offender or predator had no intent to commit a sexual offense.
(d) As used in this section a sexual offender or predator is related to a child if he or she is the father, mother, step-father, step-mother, grandparent, sibling, cousin, aunt, uncle or resides with the child. As used in this section a sexual offender or predator is acquainted with a child if he or she has been introduced to the child in the presence of an adult with legal authority to supervise the child.
(e) Penalties. A person who violates section 21-285 (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 by both fine and such imprisonment.
(f) This provision is not intended to limit or affect the applicability of any general loitering and prowling statutes to sexual offenders or predators, including but not limited to Fla. Stat. § 856.021. <<
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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