Miami-Dade Legislative Item
File Number: 101322
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File Number: 101322 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-67 Control: County Commission
File Name: RENAME SEXUAL OFFENDER & SEXUAL PREDATOR ORD LAUREN BOOK-LIM Introduced: 5/24/2010
Requester: NONE Cost: Final Action: 10/5/2010
Agenda Date: 10/5/2010 Agenda Item Number: 7B
Notes: PH AT HCDC REQUIRED Title: ORDINANCE RELATING TO SEXUAL OFFENDERS AND PREDATORS; RENAMING THE MIAMI-DADE COUNTY SEXUAL OFFENDER AND SEXUAL PREDATOR ORDINANCE IN HONOR OF LAUREN BOOK AND HER WORK IN PROTECTING CHILDREN FROM SEXUAL ABUSE; MAKING CERTAIN SCRIVENER’S CHANGES AND PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: SEXUAL PREDATORS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Dennis C. Moss, 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

Board of County Commissioners 10/5/2010 7B Adopted P
REPORT: Chairman Moss asked to be added as a co-sponsor to the foregoing proposed ordinance. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance by roll call vote as presented.

Housing & Community Development Committee 9/15/2010 1G1 Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing and called for persons wishing to be heard. She closed the public hearing after no one appeared. Hearing no questions or comments, the Committee proceeded to vote.

County Attorney 7/14/2010 Referred Housing & Community Development Committee 9/15/2010

Housing & Community Development Committee 7/14/2010 1G1 No action taken due to lack of a quorum

County Manager 7/13/2010 Scrivener's Errors Housing & Community Development Committee
REPORT: The ordinance has been modified to correct the honoree's name to read: Lauren Book

Board of County Commissioners 6/3/2010 Tentatively scheduled for a public hearing Housing & Community Development Committee 7/14/2010

Board of County Commissioners 6/3/2010 4H Adopted on first reading 7/14/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Commissioners Edmonson, Gimenez, Heyman, Jordan, and Rolle asked to be added as co-sponsors. Hearing no further questions or comments, the Board proceeded to vote on the foregoing ordinance as presented. The foregoing ordinance was adopted on first reading and set for a public hearing before the Housing and Community Development Committee (HCDC) on Wednesday, July 14, 2010.

County Attorney 5/24/2010 Referred Housing & Community Development Committee 7/14/2010

County Attorney 5/24/2010 Assigned Thomas W. Logue

Legislative Text


TITLE
ORDINANCE RELATING TO SEXUAL OFFENDERS AND PREDATORS; RENAMING THE MIAMI-DADE COUNTY SEXUAL OFFENDER AND SEXUAL PREDATOR ORDINANCE IN HONOR OF LAUREN BOOK AND HER WORK IN PROTECTING CHILDREN FROM SEXUAL ABUSE; MAKING CERTAIN SCRIVENER’S CHANGES AND PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, it is a grim reality that one in three girls and one in six boys are sexually abused before the age of eighteen; that there are 39 million survivors of sexual abuse in America today; and that most childhood sexual abuse can be prevented through education; and
WHEREAS, Lauren Book is a survivor of childhood sexual abuse who turned her horrific personal experience into a vehicle to prevent childhood sexual abuse of other children and heal survivors of past abuse; and
WHEREAS, through her foundation “Lauren’s Kids” and her books, Lauren teaches children and families how to prevent child abuse and how to heal survivors, by teaching kids, “I survived. I’m Okay…it is always okay to tell;” and
WHEREAS, children and parents need to hear her message because sexual abuse of children is at heart a crime of denial and deception; predators tell child-victims that they themselves are to blame and often say their parents will be harmed if the child speaks out; and
WHEREAS, Lauren’s work as an ambassador and activist for child safety and protection has lead to enactment of many laws protecting women and children, including the establishment of child safety zones where convicted sexual offenders cannot loiter; the restriction of convicted sexual offender’s ability to move into neighborhoods near schools; the mandating of HIV testing for charged sex offenders; the elimination of statutes of limitation for sexual crimes against a minor; the establishment of enhanced penalties for cyber-sex crimes; the creation of a trust fund to fund a network of sexual assault treatment centers across Florida; and ensuring victims of sexual assault have access to basic services including crisis intervention, therapy, and medical intervention; and
WHEREAS, in her “Walk in My Shoes Campaign,” Lauren recently lead a 500 mile walk across Florida from Aventura to Tallahassee to symbolize the survivor’s long, painful healing journey to shed the shame – a walk in which she visited not only city halls and neighborhoods, but also rape crisis centers, sexual assault treatment centers, clinics, hot-line telephone banks, and woman’s shelters where she was greeted with tears and hugs by survivors, and their mothers, fathers, sisters, brothers, social workers, therapists, doctors and others who share Lauren’s vision that the journey to healing “requires love, support and understanding from family, friends, and trained professionals;” and
WHEREAS, she herself has had the love, support and understanding of her family including her mother, father, brother, sister, and loving husband; and
WHEREAS, Lauren Book has a lesson to teach all of us about the real meaning of courage, character, and service,
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 MiamiDade County (“the Code”) is hereby amended to read as follows:1

ARTICLE XVII. THE >>LAUREN BOOK CHILD SAFETY ORDINANCE<< [[MIAMI-DADE COUNTY SEXUAL OFFENDER AND SEXUAL PREDATOR ORDINANCE.]]

Sec. 21-277. Title.

Article XVII shall be known and may be cited as “The >>Lauren Book Child Safety Ordinance”<< [[Miami-Dade County Sexual Offender and Sexual Predator Ordinance.”]]
Sec. 21-278. Finding 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.

(b) This article shall be applicable in all municipalities in Miami-Dade County on 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.

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.

(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.

(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.

(6) “Park” means a County or municipal park excluding a park that includes a shooting range.

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

(8) “Reside” or “residence” means to have a place of permanent residence or temporary residence.

(9) “School” means a public or private kindergarten, elementary, middle or secondary (high) school.

(10) “Sexual offender” shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes.

(11) “Sexual offense” means a conviction under Section 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.

(12) “Sexual predator” shall have the meaning ascribed to such term in Section 775.21, Florida Statutes.

(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. 21-218. Sexual Offender and Sexual Predator Residence Prohibition; Penalties.

(a) It is unlawful for any person who has been convicted of a violation of Section 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 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 multifamily 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.

(c) Penalties.

(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 offense.

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 21280[[(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.

Sec. 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 Section 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 Section 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 Section 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, F.S. § 856.021.


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.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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