Ordinance 2007-003 Amending Ch 136 Section 3aORDINANCE NO. 2007-003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING SECTION 3 OF CHAPTER 136 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA AS
FOLLOWS; AMENDING SECTION 3(a) OF CHAPTER 136 TO
DELETE THE REFERENCE TO SECTION 825.1025, FLORIDA
STATUTES, IN ORDER TO PROVIDE THAT PERSONS
CONVICTED OF COMMITTING OR ATTEMPTING,
SOLICITING, OR CONSPIRING TO COMMIT ANY OFFENSE
AGAINST OR IN THE PRESENCE OF ELDERLY OR DISABLED
PERSONS PROSCRIBED BY SECTION 825.1025, FLORIDA
STATUTES, SHALL NOT, BY VIRTUE OF SUCH CONVICTION
ALONE, BE PROHIBITED FROM ESTABLISHING A
PERMANENT OR TEMPORARY RESIDENCE WITHIN 2,500
FEET OF CERTAIN LOCATIONS SET FORTH THEREIN;
AMENDING SECTION 3(b)(i) OF CHAPTER 136 TO PROVIDE
THAT A PERSON WHO FAILS TO MAINTAIN A PERMANENT
OR TEMPORARY RESIDENCE THAT WAS ESTABLISHED AND
APPROPRIATELY REGISTERED PRIOR TO SEPTEMBER 5,
2006 FOR A PERIOD EXCEEDING 14 DAYS SHALL NOT BE
EXEMPT FROM THE PROHIBITION AGAINST RESIDING
WITHIN 2,500 FEET OF CERTAIN LOCATIONS AS SET FORTH
IN SECTION 3(a) OF CHAPTER 136; AMENDING SECTION
3(b)(iv) OF CHAPTER 136 TO CORRECT A TYPOGRAPHICAL
ERROR; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 5, 2006, the City Commission of the City of Ocoee adopted
Ordinance No. 2006 -015, which established Chapter 136 of the Code of Ordinances of the City
of Ocoee, Florida;
WHEREAS, Section 3(a) of Chapter 136 of the Code of Ordinances provides that it shall
be unlawful for any person who has been convicted of committing or attempting, soliciting, or
conspiring to commit any of the criminal offenses listed therein, including those offenses against
or in the presence of elderly or disabled persons proscribed by Section 825.1025, Florida
Statutes, from establishing a permanent or temporary residence within 2,500 feet of any school,
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designated school bus stop, day care center, park, playground, place of worship, or other place
designed or intended for minors to regularly congregate;
WHEREAS, Section 3(b) of Chapter 136 of the Code of Ordinances provides that a
person who has been convicted of committing or attempting, soliciting, or conspiring to commit
any of the criminal offenses listed in Section 3(a) and resides 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 Section
3(a) of Chapter 136 if such person established and appropriately registered his or her permanent
or temporary residence prior to September 5, 2006;
WHEREAS, the City Commission of the City of Ocoee, Florida desires to amend
Section 3(a) of Chapter 136 of the Code of Ordinances to delete the reference to Section
825.1025, Florida Statutes, from the list of offenses contained therein in order to provide that a
person who has been convicted of committing or attempting, soliciting, or conspiring to commit
any offense against or in the presence of elderly or disabled persons proscribed by Section
825.1025, Florida Statutes, shall not, by virtue of such conviction alone, be prohibited from
establishing a permanent 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;
WHEREAS, the City Commission of the City of Ocoee, Florida desires to amend
Section 3(b) of Chapter 136 of the Code of Ordinances to provide that any person who is exempt
from the prohibition against 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 because such person established and appropriately registered his
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or her permanent or temporary residence prior to September 5, 2006 shall lose such exemption if
he or she fails to maintain such permanent or temporary residence for a period that exceeds 14
days; and
WHEREAS, the City Commission of the City of Ocoee, Florida desires to amend
Section 3(b)(iv) of Chapter 136 of the Code of Ordinances to correct a typographical error
contained therein.
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. Amendments to Section 3 of Chanter 136 of the Code of
Ordinances. Section 3 of Chapter 136 of the Code of Ordinances of the City of Ocoee, Florida,
is hereby amended and restated in its entirety as set forth on Exhibit "A" attached hereto and by
this reference made a part hereof, with deletions being struck through and additions double
underlined.
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
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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.
immediately upon passage and adoption.
ATTEST:
This Ordinance shall become effective
PASSED AND ADOPTED this &TNday of , 2007.
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGLITY
this d day of F�, 2007.
FOLE L NE LLP
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
t
,f r
S. Scott Vandergrif , Mayor
ADVERTISED , 2007
READ FIRST TIME 2007
READ SECOND TIME AND ADOPTED
dD , 2007
UNDER AGENDA ITEM NO.__
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EXHIBIT "A"
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�`�-?`�A25; § 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. If the person fails to maintain the
permanent or temporary residence reported and registered above
for a period that exce&ds 14 days, the exception granted b_ths
subsection shall be lost.
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(ii) The person was a minor when he /she committed the
offense and was not convicted as an adult.
(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.
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