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Home My WebLink About2021-004 Amending Chapter 136 Regarding Sexual Offenders & Predators Transient Residence ORDINANCE 2021-004 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 healthfety 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 (words that are underlined indicate new language; words that are stricken are deletions; and all other provisions of the Chapter shall remain unchanged): 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 fivc 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 fie 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. Page 2 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 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 former 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 residence, or 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 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 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 Page 3 transient residence and reported and registered the residence pursuant to § 775.21, 943.0435 or 944.607, Florida Statutes. (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 7/4.Z.:ja(7,4 ..,--r- Melanie Sibbitt, City Clerk Rusty Johns ayor (SEAL) ADVERTISED i'/ (77 0?,2021 READ FIRST TI E • ,2021; READ SECOND TIME AND ADOP E %Mg/ y , 2021 UNDER AGENDA ITEM NO. 7 I/ r FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGITY thiq "hi daayy of 2021. SHUFFIELD,LOW A► &W LSON By: d _t�ik• CityAtt• - k I Page 4