The URL can be used to link to this page

Home My WebLink About08-024 , ~y:. ~(2J\,tff s; fP¡¿eo c, t'Yì Þ , rl0 1) (ìîfß F IIì -anc.c. ftl~ ORDINANCE NO. 08-024 AN ORDINANCE CREATING ARTICLE III OF CHAPTER 1- 18,OF THE ST. LUCIE COUNTY CODE AND· COMPILED LAWS, RELATING TO THE RESIDENCES OF SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN THE COUNTY ALLOWING SEXUAL OFFENDERS AND SEXUAL PREDATORS TO LIVE NOT CLOSER THAN 2500 FEET FROM SPECIFIED LOCATIONS IN UNINCORPORATED ST. LUCIE COUNTY ; CREATING SECTION 1-18- 20 (DEFINITIONS); CREATING SECTION 1-18-21 (PROHIBITIONS AND EXCEPTIONS); CREATING SECTION 1-18-22 (PENALTIES); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION ;co:!!øm m;cr-:þC (')tllmž::E 00'11:-1- ;COw Z º",,,,r-:: Zw01C:, 0~~S2." ~",,,,m;:a ~~~g~ ~~~o ~¡¡¡-<¡:;; "'lll ;:a :.; ~ ~<D ~~ ~ 0):0 -I 8š= ffi :j (') -0 _ ~ ::0 o (') ;c c: o :::¡ z (') o c: ::0 -I WHEREAS, the St. Lucie County Board of County Commissioners is deeply and profoundly concerned about the numerous number of occurrences within the State of Florida and United States when convicted sexual offenders and sexual predators have been released from custody and then repeat the unlawful acts for which they had originally been convicted; and, WHEREAS, the County finds from the evidence the recidivism rate for released sexual offenders is alarminglyhigh, especially for those who commit crimes on children; and, WHEREAS,Sections794.065, 947.1405, and 948.30, Florida Statutes, provide for one thousand feet (1,000') residence prohibitions from specified locations for certain sexual offenders and sexual predators; and, WHEREAS, the Florida Legislature has found and determined that the protection of the public from sexual offenders, particularly those who have committed offenses against minors, is a paramount governmental interest. Florida Statutes Section 944.606(2); and, WHEREAS, the Board of County Commissioners finds, basedon the following evidence, that one thousand feet (1,000') is not an adequate barrier between these specified locations and the residences of certain sexual offenders and sexual predators; and, WHEREAS, the. United States Department of Justice, Office of Justice Programs, Underlined passages are added. 1 Stl"l:Ieh thl"81:1gh passages are deleted. Bureau of Justice Statistics (BJS), studied the recidivism of sex offenders released since 1994 and found the following: (1) Within three (3) years following their release, 5.3'ro of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime. (2) Compared to non-sex offenders released from state prisons, released sex offenders were four (4) times more likely to be rearrested for a sex crime. (3) Of the released sex offenders, 3.5'ro were reconvicted for a sex crime within the three (3) year follow-up period, 24'ro were reconvicted for a new offense and 38.6 'ro were returned to prison, either because they received another prison sentence or because of a parole violation. (4) The 9,691 released sex offenders studied included 4,295 men who were in prison for child molestation. WHEREAS, the Washington state Institute for Public Policy published its findings of high recidivism rates released sexually violent predators and determined that 57'ro of the predators re-offended within six (6) years of being released from prison and the study further showed that felony sex offenses were crimes of choice for the sex offenders of which 16'ro did not register as sex offenders and that approximately 180 of the "recidivists" committed crimes "considered precursors to child molestation"; and, WHEREAS, since May 2005, numerous counties and municipalities in the State of Florida have enacted Ordinances placing restrictions on where sexual·offenders and·sexual predators may reside. Between January 2006 and May 2008, the sexual offender population in St. Lucie County has risen from 378 to 609, an increase of 62'ro. A portion of this increase is the result of sexual offenders and sexual predators relocating to St. Lucie County to avoid the residency restrictions in place in other counties and municipalities; and, WHEREAS, the United StatesSth District Court of Appeals recently rendered a decision in the case of Doe v. Miller, 405 F. 3rd 700 (Sth Cir. April 29,2005), upholding similar residency restrictions for sexual offenders and sexual predators and sexual predators, contained in the Iowa State Statutes against multiple constitutional challenges; and, WHEREAS, the State Board of Education Rule 6A-3.0171, Florida Administrative Code; the statutes which those rules implement; and the policies of the St. Lucie County School District provide that children living within two (2) miles of the school must provide their own transportation or either walk or ride their bicycles to their assigned school; and Underlined passages are added. 2 $tFud( thFðl:lgh passages are deleted; WHEREAS, the County has a substantial and compelling interest in maintaining the quality of life and protecting the health, safety and welfare of citizens at schools, child care facilities and parks to engage in positive education, economic and social activities, and has a substantial and compelling interest in allowing the citizens to gainfully and productively use and enjoy the facilities in such areas in the County without victimization at the hands of a sexual offender or sexual predator; and WHEREAS, the County finds the creation of a Sexual Offender and Sexual Predator residency prohibition section of the County Code of Ordinances which would prohibit sex offenders and sexual predators under certain Florida Statutes from residing within twenty- five hundred (2,500) feet of specified location in the County is in the best interest of the health, safety and welfare of the residents, citizens and visitors of the County; and WHEREAS, the County desires to establish a policy which provides the maximum protection of the lives and persons in St. Lucie County; and, WHEREAS, Article VIII, Section 1, Florida. Constitution and Section 125.01 Florida Statutes, provide the County authority to protect the health, safety and welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. Article III OF Chapter 1-18 of the St. Lucie County Code and Compiled Laws is hereby created to read: ARTICLE III RESTRICTIONS ON RESIDENCE FOR SEXUAL OFFENDERS AND SEXUAL PREDATORS Section 1-18 - 20 Definitions ill Conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere. regardless of whether adjudication is withheld. ill Licensed Chi/dcare Faci/i~vmeans any child care facility licensed by the State pursuant to Chapter 402 Florida Statute. m Park means a publicly owned or operated area used or available for the public's use as a recreational facility including. by way of example and not limitation. ball fields. Underlined passages are added. 3 StFI:le:!< tl,) 61:1911 passages are deleteçl. outdoor play equipment. pools. linear parks. nature preserves and beaches. {jJ. Permanent residence means a place where a person abides. lodges. or resides for five (5) or more consecutive days. and which includes. motor vehicles. trailers. mobile homes. manufactured homes. vessels. Iive~aboard vessels. houseboats. (ID Sexual offender shall have the meaning ascribed to such term in Section 943.0435 F.S. (Q) Sexual predator shall have the meaning ascribed to such term in Section 775.21 Florida Statutes. ill Temporary residence means a place where a person abides. lodges. or resides for a period of five (5) days or more in the aggregate. during any calendar year. and which is not the person's permanent residence. or place where a person routinely abides. lodges or resides for a period of five (5) or more consecutive or non-consecutive days in any month which is not the person's permanent residence. and which includes. motor vehicles. trailers. mobile homes. manufactured homes. vessels. live- aboard vessels. and houseboats. Section 1-18 - 21 Prohibitions and Exceptions ill A sexual offender or sexual predator shall not establish a permanent residence or temporary residence within twenty-five hundred feet (2500') of any public or private elementary. middle. or secondary school. park or licensed child care facility. ill For purposes of determining the minimum distance separation. the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the public or private elementary. middle. or secondary school. park or licensed child care facility. ill Exceptions. A sexual offender or sexual predator residing within twenty-five hundred feet (2500') of any public or private elementary. middle. or secondary school. parkor licensed child care facility does not commit a violation of this section if any of the following ~ (g} The sexual offender or sexual predator established the permanent residence prior to the effective date of this ordinance. (Q) The sexual offender or sexual predator was a minor or youthful offender pursuant to Ch. 958 when he or she committed the offense and was not convicted as an adult. Underlined passages are added_ 4 StFI:lf:k thF61:lg1 , passages are deleted. (0 The sexual offender or sexual predator is a minor. @ The public or private elementary. middle. or secondary school. park or licensed child care facility within twenty-five hundred feet (2500') of the sexual offender's or sexual predator's permanent or temporary residence was opened and/or established after the person established the permanent or temporary residence. Section 1-18 - 22 Penalties A person who violates this section shall be guilty of a second-de9ree misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days. or by both fine and imprisonment. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or ci rcumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect October 1, 2008. Underlined passages are added. 5 Stfliell tl.F'6ligk passages are deleted_ PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this 16TH day of September, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU LORIDA Underlined passages are added. BY: 6 StF'l:Ie:k tl<1F'ðl:lghpassages are FLORIDA DEPARTMENT Of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State September 23, 2008�� rN 0 Honorable Edwin M. Fry, Jr.f j Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 j Attention: Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Fry: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated September 19, 2008 and a copy of.St: Lucie County Ordinance No. 08-024, which was filed in this office on September 22, 2008. Sincerely, Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Branough Street • Tallahassee, Florida 32399-0250 850.245.6600 FAX: 850.245.6735 • TDD: 850.922.4085 • http://dli3.dos.state.fl.u3 COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 i j i