HomeMy WebLinkAboutItem #03 - CPRC Presentation - Ordinance First Reading
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AGENDA ITEM COVER SHEET
Meeting Date: August;. 1 & 15
Item # 3
-.
Reviewed By:
Contact Name: S. Goclon Department Director
Contact Number: X3021 City Manager:
Subject: Child Protection Recommendation Committee Presentation (Ordinance First Reading)
Background Summary:
The Child Protection Recommendation Committee (CPRC - a citizen board authorized by the City Commission to
make recommendations to help keep children in the community safe) is 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. The CPRC recommends City
adoption of an ordinance that provides heightened protection of the lives and persons in the City of Ocoee that
would prohibit sexual offenders and sexual predators from establishing a residence within two thousand five
hundred (2,500) feet of certain locations within the City.
Issue:
Should the Honorable Mayor and Board of City Commissioners adopt the proposed City ordinance Chapter 136
"Sexual Offenders and Sexual Predators" and require the City to implement a background check application for
people who volunteer for City boards and programs involving children?
Recommendations:
The Child Protection Recommendation Committee recommends that the Honorable Mayor and Board of City
Commissioners adopt the proposed City ordinance Chapter 136 "Sexual Offenders and Sexual Predators" and that
the City implement a background check application for people who volunteer for City boards and programs
involving children.
Attachments:
Proposed City ordinance Chapter 136 "Sexual Offenders and Sexual Predators" (hyperlinked)
Proposed volunteer application (hyperlinked)
Financial Impact:
The ordinance allows for a $1000.00 a day penalty for violations of the ordinance. As violations could result in
imprisonment, the cases have to be heard by a criminal court judge. Nominal court fees may be assessed to the City
if the violator is found "not guilty."
Type of Item: (please mark with an .xn)
Public Hearing For Clerk's Deat Use:
_ 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 JI&f- N/A
Reviewed by Finance Dept. -
N/A
Reviewed by -
( ) N/A
-
Mavor center of GOOd l- Commissioners
e l~.
S. Scott Vandergrift ~ Garv Hood. District 1
Scott Anderson, District 2
City Manager Rustv Johnson, District 3
Robert Frank Joel Keller. District 4
STAFF REPORT
TO:
FROM: Ronald Reffett, Chief of Polic -
DATE: July 18, 2006
RE: Child Protection Recommendation Committee Presentation
ISSUE
Should the Honorable Mayor and Board of City Commissioners adopt the proposed City ordinance Chapter 136
"Sexual Offenders and Sexual Predators" and require the City to implement a background check application for
people who volunteer for City boards and programs involving children?
BACKGROUNDIDISCUSSION
The Child Protection Recommendation Committee (CPRC - a citizen board authorized by the City Commission
to make recommendations to help keep children in the community safe) is 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. In an effort to
protect the health, safety and welfare of the citizens of Ocoee, the CPRC recommends that the Honorable Mayor
and Board of City Commissioners adopt an ordinance that provides heightened protection of the lives and
persons in the City of Ocoee that would prohibit sexual offenders and sexual predators from establishing a
residence within two thousand five hundred (2,500) feet of certain locations within the City.
The CPRC studied sexual offender and sexual predator ordinances that have been enacted by counties and
municipalities throughout the State of Florida. The CPRC took the details of the various similar ordinances and
worked with Foley and Lardner to draft an ordinance that best meets the City of Ocoee' s needs. The ordinance
provides penalties of up to one (1) year imprisonment and fines of up to $1000.00 per day for violations ofthe
ordinance. As violations could result in imprisonment, the cases have to be heard by a criminal court judge.
Nominal court fees may be assessed to the City if the violator is found "not guilty."
Currently, there are twenty-four (24) sexual offenders and one (1) sexual predator living within the incorporated
city limits of Ocoee. Such people would not be affected by the ordinance unless they moved from their current
residence to another residence in Ocoee or unless their current rental/lease agreement expired. Some offenders
and predators have Ocoee mailing addresses, but do not live in the incorporated city limits of Ocoee. Such
people would not be affected by the ordinance unless they moved into the incorporated city limits of Ocoee.
1
The CPRC also recommends citywide implementation of a background check application for people who
volunteer for City boards and City programs involving children.
2
ORDINANCE 2006-_
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 PENAL TIES; 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. Authoritv. 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 Findine:s 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 mmors regularly congregate m
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
2
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: S 787.01, S 787.02,
or S 787.025, where the victim is a minor and the defendant is not
the victim's parent; chapter 794, excluding SS 794.011(10) and
794.0235; S 796.03, S 800.04; S 825.1025; S 827.071; S 847.0133;
S 847.0135; S 847.0137; S 847.0138; S 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 SS 775.21, 943.0435 or 944.607, Florida Statutes, prior
to , 2006 [INSERT EFFECTIVE DATE OF
ORDINANCE].
3
ORLA_ 412567.4
(ii) The person was a minor when he/she committed the
offense and was not convicted as an adult.
(Hi) 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 SS 775.921,
943.0435 or 944.607, Florida Statutes.
Sec. 4 Prohibition Ae:ainst Rentine: or Allowine: the Use of
Property bv 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.
4
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 of ,2006.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2006
READ FIRST TIME , 2006
READ SECOND TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of ,2006.
FOLEY & LARDNER LLP
By:
City Attorney
5
ORLA_ 412567.4
DRAFT
CITY OF OCOEE
SEXUAL OFFENDER / PREDATOR ORDINANCE #
HIGHLIGHTS
Defining an Offender and Predator:
A sexual offender is a person designated a sex offender by his or her conviction of certain
sexual offense or kidnapping. The designation of sexual predator, under Florida law,
requires the court to make a specific finding that an offender is a sexual predator.
Where are they?
Currently there are a total of approximately twenty -two (22) registered sexual offenders
and one (1) registered sexual predator living within the incorporated city limits ofOcoee.
Note: Offenders may not reside within incorporated city limits, but have an Ocoee
mailing address.
Why this type of ordinance?
To protect the health, safety and welfare ofthe citizens of Ocoee.
Sexual offenders/predators have a high rate of repeat offenses.
State Law: Section 794.065, Florida Statutes only restricts the place of residence to
1,000 feet from any school, day care center, park or playground for persons convicted of
certain sex crimes.
Who does it affect?
All persons who are designated as Sexual Offenders/Predators and are required to register
with FDLE under Section 944.607, Florida Statutes. This includes persons who are
convicted of certain sexual-related offenses under Florida Statutes and similar statutes of
other jurisdictions. It also affects those who knowingly enter into or renew leases, rental
agreements or other agreement for the use of any real property by any person prohibited
from establishing temporary or permanent residence within 2,500 feet from where minors
regularly congregate.
How does it affect sex offenders/predators?
It restricts where these individuals may live within the incorporated city limits of Ocoee.
It does not require an offender/predator to move if they were living in their current
residences prior to the ordinance being enacted; however, if they move from their current
residence it will affect them.
What is currently being done to monitor these offenders/predators?
Address verifications are being performed by officers/detectives, assuring compliance
with state laws.
What is a temporary residence?
A place where a person lodges or resides any four (4) days in a month or any fourteen
(14) days in a year.
lof2 7/12/2006
DRAFT
CITY OF OCOEE
SEXUAL OFFENDER / PREDATOR ORDINANCE #
HIGHLIGHTS
Why "grandfather" in locations, which may violate the ordinance once adopted?
The ex post facto prohibition forbids the Congress and the States to enact any law, which
imposes a punishment for an act, which was not punishable at the time it was committed;
or imposes additional punishment to that then given.
What to-do if you think someone is in violation of this ordinance?
Contact the Ocoee Police Department at 407-905-3160.
20f2 7/12/2006
air CITY OF OCOEE
CITY OF OCOEE 150 N. Lakeshore Drive
VOLUNTEER APPLICATION Ocoee, Florida 34761
Q _i 2006-2007 Application Tel: 407-905-3100. Fax:: 407-656-8504
www.cLocoee.fl.us
.li! Title: o Dr. 0 Miss. 0 Mrs. 0 Mr,
':>-;')0.' ,
Last Name:
First Name: Middle Name: Suffix: (Jr., Sr., II, etc.)
Name that you go by: Maiden Name:
Mailing Address: City: State: Zip:
Physical Address: City: State: Zip:
Home Phone Number: ( ) Email Address:
Date of Birth: (mm1dd/yyyy)
Drivers License Number:
Race: Gender: 0 Male 0 Female Hair Color: Eye Color:
Health: (any physical limitations) 0 Yes 0 No If yes, indicate:
Passport Visa ill Number: (if not a U.S. citizen)
o High School o Associates o Bachelors o Masters o Doctorate GradeN ears Completed:
o Current High School Student o Current College Student School or College Name:
Military Branch: Dates of Service:
Home Phone Number: ( ) Cell Phone Number: ( )
Current or Required Medications:
Allergies / Medications:
Physicians Name: Physicians Telephone Number: ( )
Local Hospital Preference:
Insurance Company Name:
Insurance Company Telephone Number: Policy Number:
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Please list any current or previous volunteer activities:
Type of work/activity preferred:
How often are you willing to volunteer? o Daily o Weekly o Monthly
DAYS Mon. Tue. Wed. Thu. Fri. Sat. Sun,
TIMES
Do you have a number of service hours that you are required to fulfill? DYes o No
1. Have you ever (as ajuvenile and/or an adult) been convicted or found guilty ofa felonv offense? (DUI/DWl is a criminal
offense that must be reported) DYes o No
la. Have you ever (as ajuvenile and/or an adult) been convicted or found guilty of a misdemeanor offense? (DUI/DWl and DYes o No
reckless driving are criminal offenses that must be reported)
lb. Have you ever (as ajuvenile and/or an adult) been convicted or found guilty of an offense but you are not sure if the level DYes o No
is a felony or a misdemeanor?
Ic. Have you ever (as ajuvenile and/or an adult) at any time been confmned as a child abuser by any agency? DYes o No
2. Have you been arrested within the past year? DYes o No
3. Are you currently on probation? DYes o No
4. Have you ever (as a juvenile and/or an adult) entered a nolo contender or no contest plea in a criminal proceeding? DYes o No
5. Have you ever (as ajuvenile and/or an adult) had a criminal record sealed or expunged? DYes o No
6. Have you ever (as a juvenile and/or an adult) had adjudication withheld in a criminal felonv offense? DYes o No
6a. Have you ever (as ajuvenile and/or an adult) had adjudication withheld in a criminal misdemeanor offense? DYes o No
7. Are there any felony or misdemeanor charges currently pending against you other than a non-criminal traffic violation? DYes o No
(DUI/DWl and reckless driving are criminal offenses that must be reported)
8. Have you ever (as ajuvenile and/or adult) been imprisoned or jailed in a criminal proceeding or pled guilty to a criminal DYes o No
act/charge?
8a. Have you ever (as ajuvenile and/or adult) at any time failed to appear in court or forfeited bond in a criminal proceeding? DYes o No
9. Have you ever been convicted in a military court proceeding? DYes o No
10. Do you currently have a court ordered injunction filed against you? DYes o No
II. Have you ever (as ajuvenile and/or as an adult) had a criminal offense occur outside the state of Florida? DYes o No
I understand that I am offering my services to the City ofOcoee without compensation. Once I become a City ofOcoee Volunteer, I
agree to abide by all City rules, regulations and policies, either published or in effect by custom and usage. I understand that by signing
the Volunteer Application, I hereby grant the City permission to perform a background check of my criminal record and driving record.
I may also be fingerprinted. I understand, it is my responsibility to update, as needed, any address, emergency or other information pro-
vided on this form,
I hereby indemnify and hold the City harmless from and against, any and all liability, from any injury to myself or my property or any
other damage or cause of action, which may arise while I am engaged in my volunteer activities with the City.
Applicant's Signature: Print Name: Date: I I
If applicant is a minor
Parent IGuardiam Signature: Print Name: Date: I I
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