Item #11 Ordinance Amending Sexual Offender/Predator Ordinance No. 2006-015
: FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: February 6, 2007
Item # 1/
Contact Name:
Contact Number:
Mary D. Solik
407 -244-3259
Reviewed By:
Department Director: ~ /
City Manager: Robert FFrnr' ---
Subject: Ordinance Amending Sexual Offender/Sexual Predator Ordinance No. 2006-015.
(First Reading)
Background Summary:
Proposed Amendments to City of Ocoee Ordinance 2006-015.
Issue:
The implementation of the City's Sexual Offender/Sexual Predator Ordinance has highlighted the
need for minor amendments to the Ordinance.
Recommendations
Amend the Ordinance as set forth in the attached.
Attachments:
Proposed Ordinance.
Financial Impact:
None.
Type of Item:
o Public Hearing
~ Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's DeDf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
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ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
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P. 0, BOX 2193
ORLANDO, FL 32802-2193
407,423.7656
407,648.1743
WWW.FOLEY.COM
FOLEY & LARDNER LLP
407.244,3259
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0806
TO:
The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM:
Mary Doty Solik, Assistant City Attorney
DATE:
January 29,2007
RE:
Amendment to Ocoee Ordinance 2006-015
Staff Report
ISSUES
On September 5, 2006 the City of Ocoee adopted Ordinance 2006-015 which
prohibited sexual offenders and sexual predators from residing within 2500 feet of any school,
designated school bus stop, daycare center, park, playground, place of worship, or other place
designed or intended for minors to regularly congregate. The City of Ocoee Police Department
is now implementing this Ordinance and has suggested that certain minor modifications be made
to address issues that have arisen since the adoption of the Ordinance.
BACKGROUND DISCUSSION
The first modification is to delete the reference to Section 825.0125, Florida
Statutes in the section of the Ordinance which lists the various criminal offenses which qualify
persons as sexual offenders or predators. Section 825.0125 of the Florida Statutes relates to
criminal offenses against or in the presence of elderly or disabled persons. Since the goal of the
Ordinance is the protection of children, the residency limitation for persons convicted of offenses
against elderly or disabled persons is misplaced and should be deleted from the Ordinance.
The second issue needing to be addressed is the exemption created in Section 3B
of the Ordinance. The Ordinance created an exemption for those persons who established a
permanent or temporary residence within the City of Ocoee and followed appropriate reporting
requirements prior to the adoption of the Ordinance on September 5, 2006. The suggested
change to the Ordinance is the addition of language indicating that if the sexual offender or
predator fails to maintain the permanent or temporary residence that qualified the offender or
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FOLEY & LARDNER LLP
predator for an exemption to the Ordinance for a period of 14 days, the exemption is then lost.
This addition is meant to make clear that it is the specific residence that is being exempted under
the Ordinance, not the individual's right to live anywhere within the City ofOcoee.
Finally, the last amendment is to address a typographical error. Section 3(b )(iv)
refers to ~ 775.921, Florida Statutes and it should read ~ 775.21.
The Child Protection Recommendation Committee as appointed by the
Commission to advise the City Commission on this issue has now be disbanded. Members of the
Committee, however, continue to meet informally to discuss child safety issues in the City.
Deputy Chief Goclon and I met with the Committee at their meeting scheduled for January 9,
2007 and presented these proposed changes. The committee members present had no objection
to the changes and did not recommend that the Child Protection Recommendation Committee be
reassembled to evaluate the proposed changes to the Ordinance.
RECOMMENDATION
It is recommended that the Mayor and City Commissioners approve the attached
Ordinance amending Section 3 of Chapter 136 of the Code of Ordinances of the City of Ocoee as
set forth above.
cc: Robert Frank
Jamie Croteau
Police Chief Ron Reffett
Deputy Police Chief Steve Goclon
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ORDINANCE NO.
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 6,
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. 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. Amendments to Section 3 of Chaoter 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. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2007.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2007
READ FIRST TIME ,2007
READ SECOND TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
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EXHIBIT" A"
Sec. 3 Sexual Offender and Sexual Predator Residence
Prohibition and Exceutions.
(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. If the oerson fails to maintain the
oermanent or temoorarv residence reoorted and rellistered above
for a oeriod that exceeds 14 davs. the exceotion llranted bv this
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 SS 775.921,
943.0435 or 944.607, Florida Statutes.
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