HomeMy WebLinkAboutItem 08 First Reading of Ordinance Amending Articles 136-1, 136-2, and 136-3, of Chapter 136 of the City of Ocoee Code, Relating to Sexual Offenders and Sexual Predators 401.1r
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 20, 2021
Item #
Reviewed By: 406-404witil
Acting Chief
Contact Name: Lt. Scott Nylander Department Director: Saima P asenci y;
Contact Number: X3315 City Manager: Rob Frank
!':Subject:First:Reading of Ordinance Amending Articles 136-1; 136-2; and 136 i.of:Ch apter 136.
of>the City,of Ocoee Code; Relatingto Sexual .O.ffenders;'aridSexual'Predators,
Background Summary:
The Police Department, in concert with the City Attorney's Office, is recommending certain provisions of the
City Code relating to Sexual Offenders and Sexual Predators be amended to clarify certain definitions and
maintain consistency with Florida Statutes.
Articles 136-1, 136-2 and 136-3 of Chapter 136 of the City of Ocoee Code, Relating to Sexual Offenders and
Sexual Predators would be amended to address the following:
Article 136-1 (Findings and intent) — This article currently states: "It is the intent of this Chapter to serve the
City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the
City by creating areas around locations where minors regularly congregate in concentrated numbers wherein
certain sexual offenders and sexual predators are prohibited from establishing a temporary or permanent
residence". A "transient residence" would be added to this article and is defined in article 136-2 and
documented in article 136-3.
Article 136-2 (Definitions) —This article would be amended to reflect the current Florida State Statute definitions
of a permanent residence, temporary residence, and transient residence per Section 775.21, Florida Statutes.
Article 136-3 (Sexual offender and sexual predator residence prohibition and exceptions) —Although a transient
residence is already documented in this article in the exemption portion of this article, a transient residence is
not documented in the prohibition portion of this article. Article 136-3 would be amended to add a transient
residence to the prohibition portion of this article for consistency and clarity.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve Articles 136-1, 136-2 and 136-3 of
Chapter 136 of the City of Ocoee Code, Relating to Sexual Offenders and Sexual Predators?
Recommendations:
It is staff's recommendation that the Honorable Mayor and Board of City Commissioners approve Articles
136-1, 136-2 and 136-3 of Chapter 136 of the City of Ocoee Code, Relating to Sexual Offenders and Sexual
Predators.
•
•
Attachments:
Current Sexual Offenders and Sexual Predators Ordinance
First Reading of Ordinance Amending Articles 136-1, 136-2 and 136-3 of Chapter 136 of the City of Ocoee
Code, Relating to Sexual Offenders and Sexual Predators.
Financial Impact:
There is no financial impact for the City.
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept.Use:
X Ordinance First Reading Consent Agenda-. . •
Ordinance Second Reading Public Hearing'
Resolution _Regular Agenda__ _ '
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Logan Opsahl (03/25/2021) N/A
Reviewed by Finance Dept. Rebecca Roberts(03/26/2021) N/A
Reviewed by N/A
ORDINANCE 2006-015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN STATUTES OF FLORIDA OR OTHER
JURISDICTIONS FROM LIVING WITHIN 2500 FEET OF
SPECIFIED LOCATIONS WITHIN THE CITY OF OCOEE;
PROHIBITING PERSONS FROM LETTING, RENTING OR
OTHERWISE ALLOWING THE USE OF ANY REAL
PROPERTY, PLACE, STRUCTURE, TRAILER OR OTHER
CONVEYANCE, OR PART THEREOF, WITH THE
KNOWLEDGE THAT IT WILL BE USED AS A
PERMANENT RESIDENCE OR TEMPORARY
RESIDENCE OF A SEXUAL OFFENDER OR SEXUAL
PREDATOR WITHIN 2500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF OCOEE;
PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Ocoee are deeply concerned about
recent occurrences in our state and elsewhere, whereby convicted sexual offenders and
sexual predators who have been released from custody repeat the unlawful acts for which
they had originally been convicted; and
WHEREAS, the City is becoming an increasingly attractive place of residence for
families with children; and
WHEREAS, §§ 794.065 and 947.1405, Florida Statutes, provides that certain sexual
offenders and sexual predators may not establish a residence with within one thousand
(1,000) feet of specified locations; and
WHEREAS, in an effort to protect the health, safety and welfare of the citizens of
Ocoee, the City Commission of the City of Ocoee desire to establish a policy which provides
heightened protection of the lives and persons in the City of Ocoee; and
WHEREAS, § 847.0134, Florida Statutes, provides that certain adult entertainment
venues may not be located within two thousand five hundred (2,500) feet of specified
locations; and
WHEREAS, the City Commission of the City of Ocoee desire to prohibit sexual
offenders and sexual predators from establishing a residence within two thousand five
hundred (2,500) feet of certain locations within the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA 412567.4
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. A new Chapter 136 of the Code of Ordinances of the City of Ocoee,
Florida is hereby adopted as follows:
CHAPTER 136
SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 1 Findings and Intent.
(a) The City has appointed the Child Protection
Recommendation Committee (the "Committee") to research and
make recommendations with respect to the issues set forth in this
Ordinance. Based on the Committee's research, the Committee
has found that 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 more victims than ever reported, and are prosecuted
for only a fraction of their crimes. This makes the cost of sexual
victimization to society at large, while incalculable, clearly
exorbitant. Based upon these findings, the Committee
recommended that the City adopt this Ordinance.
(b) It is the intent of this Chapter to serve the City's
compelling interest to promote, protect and improve the health,
safety and welfare of the citizens of the City by creating areas
around locations where minors regularly congregate in
concentrated numbers wherein certain sexual offenders and sexual
predators are prohibited from establishing temporary or permanent
residence.
Sec.2 Definitions
The following words, terms and phrases, when used in this
Chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
"Permanent residence" means a place where the person abides,
lodges or resides for 14 or more consecutive days.
"Temporary residence" means a place where the person abides,
lodges or resides for a period of 14 or more days in the aggregate
during any calendar year and which is not the person's permanent
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ORLA 412567.4
address, or a place where the person routinely abides, lodges, or
resides for a period of 4 or more days in any month and which is
not the person's permanent residence.
Sec. 3 Sexual Offender and Sexual Predator Residence
Prohibition and Exceptions.
(a) It is unlawful for any person who is convicted of
committing, or attempting, soliciting, or conspiring to commit any
of the criminal offenses proscribed in the following statutes in this
state or similar offenses in another jurisdiction: § 787.01, § 787.02,
or § 787.025, where the victim is a minor and the defendant is not
the victim's parent; chapter 794, excluding §§ 794.011(10) and
794.0235; § 796.03, § 800.04; § 825.1025; § 827.071; § 847.0133;
§ 847.0135; § 847.0137; § 847.0138; § 847.0145; or any similar
offense committed in this state which has been redesignated from a
former statute number to one of those listed on this paragraph; or
who has otherwise been designated as a sexual predator, as a
violent sexual predator, or by another sexual offender designation
in any state or jurisdiction and was, as a result of such designation,
subjected to registration or community or public notification, or
both, or would be if the person were a resident of that state or
jurisdiction, to establish a permanent residence or temporary
residence within two thousand five hundred (2,500) feet of any
school, designated school bus stop, day care center, park,
playground, place of worship, or other place designed or intended
for minors to regularly congregate. 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 to nearest outer property line of a
school, designated school bus stop, day care center, park,
playground, place of worship or other place designed or intended
for minors to regularly congregate.
(b) Exceptions. A person residing within two thousand five
hundred(2,500)feet of any school, designated school bus stop,day
care center, park, playground, place of worship or other place
designed or intended for minors to regularly congregate does not
commit a violation of this section if any of the following apply:
(i) The person established the permanent residence or
temporary residence and reported and registered the residence
pursuant to §§ 775.21, 943.0435 or 944.607, Florida Statutes,prior
to September 5, 2006
(ii) The person was a minor when he/she committed the
offense and was not convicted as an adult.
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ORLA 412567.4
(iii) The person is a minor.
(iv) The school, designated school bus stop, day care
center, park, playground, place of worship or other place designed
or intended for minors to regularly congregate within 2500 feet of
the person's permanent residence was opened after the person
established the permanent residence or temporary residence and
reported and registered the residence pursuant to §§ 775.921,
943.0435 or 944.607,Florida Statutes.
Sec. 4 Prohibition Against Renting or Allowing the Use of
Property by Sexual Offenders and Sexual Predators.
It is unlawful for any person to enter into or renew any existing
lease, rental agreement or other contract for, or otherwise let, rent
or allow the use of any real property, place, structure, trailer or
other conveyance, or part thereof, with the knowledge that it will
be used as a permanent residence or temporary residence by any
person prohibited from establishing such permanent residence or
temporary residence pursuant to Section 3 of this Chapter if such
real property, place, structure, trailer or other conveyance, or part
thereof, is located within two thousand five hundred(2,500) feet of
any school, designated school bus stop, day care center, park,
playground, place of worship, or other place designed or intended
for minors to regularly congregate.
Sec. 5 Penalties for Offenses.
Any person violating any provision of this Section shall, upon
conviction, be punished as provided in Section 1-12 of Chapter 1,
General Provisions, Article II, of the Code of Ordinances of the
City of Ocoee. Each day such violation is committed or permitted
to continue shall constitute a separate offense. In addition to the
forgoing, the City may enforce the provisions of this Chapter as
provided in Chapter 7, Enforcement of Code, of the Code of
Ordinances of the City of Ocoee or pursue any other remedy
permitted by law.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
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ORLA_412567.4
SECTION 4. CODIFICATION
It is the intention of the City Commission of the City that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City; and that sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed to
"chapter," "section," "article," or such other appropriate word or phrase in order to accomplish
such intentions; and regardless of whether such inclusion in the Code is accomplished, sections
of this Ordinance may be renumbered or relettered and the correction of typographical errors
which do not affect the intent may be authorized by the City Manager, without need of public
hearing,by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect on the STlt of Se_p64006.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Ezedaur G.1/4, c2t.y
Iei-Eikenben-y,City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED Ail 24, ,2006
READ FIRST TIME 'a' 2006
READ SECOND TIME ADOPTED
• ,2006
UNDER AGENDA ITEM NO. q
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEG ITY
this day of* j-,2006.
FOLEY&LARDNER LLP
44.41
By: Ur.
City Attorney
5
ORLA 412567.4
ORDINANCE 2021-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING CHAPTER 136 OF THE CITY OF OCOEE CODE OF
ORDINANCES; AMENDING THE DEFINITIONS TO COMPLY
WITH CHANGES TO FLORIDA STATUTES; AMENDING
RESIDENCE PROHIBITIONS BY PROHIBITING SEXUAL
OFFENDERS AND SEXUAL PREDATORS CONVICTED OF
CRIMES UNDER CERTAIN STATUTES OF FLORIDA OR
OTHER JURISDICTIONS FROM ESTABLISHING A
TRANSIENT RESIDENCE WITHIN 2500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF OCOEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Ocoee are deeply concerned about recent
occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators
who have been released from custody repeat the unlawful acts for which they had originally been
convicted; and
WHEREAS, sections 794.065 and 947.1405,Florida Statutes,provides that certain sexual
offenders and sexual predators may not establish a residence with within one thousand(1,000)feet
of specified locations; 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 specified locations;
and
WHEREAS,the City Commission of the City of Ocoee desire to prohibit sexual offenders
and sexual predators from establishing a residence within two thousand five hundred (2,500) feet
of certain locations within the City; and
WHEREAS, The City desires to amend Chapter 136 of the City Code to ensure
consistency and compliance with Florida Statutes; and
WHEREAS,the City Commission may exercise any power for municipal purposes,except
as expressly prohibited by law; and
WHEREAS, in an effort to protect the health, safety and welfare of the citizens of Ocoee,
the City Commission of the City of Ocoee desire to establish a policy which provides heightened
protection of the lives and persons in the City of Ocoee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166
and 553,Florida Statutes.
SECTION 2. Amendment. Chapter 136, City of Ocoee Code of Ordinances, is amended and
restated to read as follows, with underlines indicating new language:
Chapter 136 - SEXUAL OFFENDERS AND SEXUAL PREDATORS
§ 136-1. -Findings and intent.
A. The City has appointed the Child Protection Recommendation Committee (the
"Committee")to research and make recommendations with respect to the issues
set forth in this Chapter. Based on the Committee's research, the Committee has
found that 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 more victims than ever reported,and are prosecuted for only
a fraction of their crimes. This makes the cost of sexual victimization to society
at large, while incalculable, clearly exorbitant. Based upon these findings, the
Committee recommended that the City adopt this Chapter.
B. It is the intent of this Chapter to serve the City's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of the City by
creating areas around locations where minors regularly congregate in
concentrated numbers wherein certain sexual offenders and sexual predators are
prohibited from establishing a transient, temporary or permanent residence.
136-2. -Definitions.
The following words, terms and phrases, when used in this Chapter, shall have
the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
PERMANENT RESIDENCE — A place where the person abides, lodges or
resides for five three (3) or more consecutive days.
TEMPORARY RESIDENCE — A place where the person abides, lodges or
resides, including but not limited to, vacation, business, or personal travel
destinations in or out of this City, for a period of five three (3) 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 or more days in any month and which is not the person's
permanent residence. for a person whose permanent residence is not in this
City, a place where the person is employed, practices a vocation, or is enrolled
as a student for any period of time in this City.
TRANSIENT RESIDENCE—A place or county where a person lives,remains,
or is located for a period of five three (3) or more days in the aggregate during a
Page 2
calendar year and which is not the person's permanent or temporary address. The
term includes, but is not limited to, a place where the person sleeps or seeks
shelter and a location that has no specific street address.
§ 136-3. - Sexual offender and sexual predator residence prohibition and
exceptions.
A. It is unlawful for any person who is convicted of committing, or attempting,
soliciting, or conspiring to commit any of the criminal offenses proscribed in the
following statutes in this state or similar offenses in another jurisdiction: § 787.01,
787.02, or 787.025(2)(c), where the victim is a minor and the defendant is not the
victim's parent; § 787.06(3)(b),(d),(f),(g), or (h); chapter 794.011, excluding §
794.011(10); § 794.05; § 796.03, § 794.035; § 800.04; § 810.0145(8); § 825.1025;
§ 827.071; § 847.0133; § 847.0135 excluding § 847.0135(6); § 847.0137; §
847.0138; § 847.0145; § 985.701(1) or any similar offense committed in this state
which has been re-designated from a fainter statute number to one of those listed
in this paragraph; or who has otherwise been designated as a sexual predator, as a
violent sexual predator, or by another sexual offender designation in any state or
jurisdiction and was, as a result of such designation, subjected to registration or
community or public notification, or both, or would be if the person were a resident
of that state or jurisdiction, to establish a permanent residence, or temporary
residenceor transient residence within 2,500 feet of any school, designated school
bus stop, day care center, park, playground, place of worship, or other place
designed or intended for minors to regularly congregate. 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 peinuanent residence
to nearest outer property line of a school, designated school bus stop, day care
center, park, playground, place of worship or other place designed or intended for
r
minors to regularly congregate.
B. Exceptions. A person residing within 2,500 feet of any school, designated school
bus stop, day care center, park, playground, place of worship or other place
designed or intended for minors to regularly congregate does not commit a violation
of this Section if any of the following apply:
(1) The person established the permanent,temporary or transient residence and
reported and registered the residence pursuant § 775.21, 943.0435 or
944.607, Florida Statutes, as may be amended from time to time, prior to
September 5,2006. If the person fails to maintain the permanent,temporary
or transient residence reported and registered as provided herein for a period
of five days,the exception granted by this subsection shall be lost.
(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 school bus stop, day care center, park, playground,
place of worship or other place designed or intended for minors to regularly
congregate within 2,500 feet of the person's permanent residence was
opened after the person established the permanent residence, temporary or
transient residence and reported and registered the residence pursuant to §
775.21, 943.0435 or 944.607, Florida Statutes.
Page 3
(5) he person established the permanent,temporary or transient residence prior
to September 5, 2006, and subsequently reported and registered the
residence pursuant § 775.21, 943.0435 or 944.607, Florida Statutes, as may
be amended from time to time. If the person fails to maintain the permanent,
temporary or transient residence reported and registered as provided herein
for a period of five [days], the exception granted by this subsection shall be
lost.
Unless modified herein the remaining provisions of Chapter 136 shall remain
unchanged.
SECTION 3. Severability. If any section, subsection, sentence, clause,phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City Commission of the City that the
provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code
is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be authorized by the City Manager,without
need of public hearing,by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2021.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME ,2021; READ SECOND
TIME AND ADOPTED , 2021
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY OF
OCOEE, FLORIDA; APPROVED AS TO FORM AND
LEGALITY
this day of ,2021.
SHUFFIELD,LOWMAN&WILSON
By:
City Attorney
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