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Home My WebLink About2013-028 Sexual Offenders and Sexual Predators Residence RequirementsORDINANCE NO. 2013 -028 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 136 RELATING TO SEXUAL OFFENDERS AND SEXUAL PREDATORS TO PROVIDE A DEFINITION OF TRANSIENT RESIDENCE, TO UPDATE REFERENCES TO RELATED PROVISIONS FROM THE FLORIDA STATUTES, TO AMEND THE DEFINITIONS OF PERMANENT AND TEMPORARY RESIDENCE AND TO PROVIDE FOR AN EXCEPTION TO THE RESIDENCE REQUIREMENTS FOR RESIDENTS WHO RESIDE IN THE CITY SUBSEQUENT TO CONVICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to amend Chapter 136 of the Code related to Sexual Offenders and Sexual Predators to include a definition of transient resident as provided in the Florida Statutes, and WHEREAS, the City Commission desires to amend the Code to be consistent with references to related provisions of the Florida Statutes, and WHEREAS, the City Commission desires to amend the Code to clarify the residence requirements for City residents who were convicted of certain sexual offenses subsequent to their establishment of a residence in the City. NOW, THEREFORE, BE IT ENACTED 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 Chapter 166, Florida Statutes. Section 2. Chapter 136 Chapter 136 of the Code of Ordinances of the City of Ocoee, Florida related to Sexual Offender and Sexual Predator is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 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 become effective immediately upon passage and adoption. PASSED AND ADOPTED this _- day of _fir, 20A3 APPROVED: ATTEST: ' R City Clerk Mda„i e CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor` (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this Or day of aCT* , 20 i3 ADVERTISED 20 �� READ FIRST TIIME r ► , 20 READ SECOND TIME AND ADOPTED 201 j UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN & WILSON, P.A. By: ttorney EXHIBIT "A" §136- 2. - Definitions. PERMANENT RESIDENCE — A place where the person abides, lodges or resides for =1-4 five or more consecutive days. TEMPORARY RESIDENCE — A place where the person abides, lodges or resides for a period of 44 five - (5) 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. TRANSIENT RESIDENCE -A_ place or _c ounty where a person lives, remains, or is located for a period of five or more days in the a ggregate du_ ring a calendar year and which is not the person's permanent or temporary address. The term includes, but not limited to a place where the person sleeps or -- - seeks shelt a nd a location that has no _s ecific str 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 where the victim is a minor and the defendant is not the victim's parent; § 787.06(3)(b).(d), or_ chapter 794 excluding § 794.011(10); § 794.05 aJ - 7 Q, 94 .0235 § 796.03, § 794.035; § 800.04; § 810.0145(8); § 825.1025: § 827.071; § 847.0133; § 847.0135 excluding -_ 847.0 6 - § 847.0137; § 847.0138, § 847.0145; § 985. 701�� or any similar offense committed in this state which has been redesignated 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 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. (1) The person established the permanent, er 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-ti prior to September 5, 2006. If the person fails to maintain the permanent, er temporary or transient residence reported and registered as provided herein for a period O f five days, the exception granted by this subsection shall be lost. (_The_. person _established the permanent, temporary or transient residence pr ior to September _2006-and _subsequently reported and registered the residence _pur suant § 775.21_ 943.0435 944.607, Florida Statutes as may be permanent, be amended from time to time. If the drson_ fails _ to maintain -. _ tempora ry or transient resi r eported and registered as rovided herein for a period of five (5) the exception granted by t his subsection shall be lost. § 136 -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, sr temporary or transient residence and reported and registered the residence pursuant to § 775.21, 943.0435 or 944.607, Florida Statutes.