§ 136.02. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION.

(A)

It is unlawful for any person who has been convicted of a violation of F.S. Section 794.011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age"), 827.071 ("Sexual performance by a child"), or 847.0145 ("Buying or selling of minors"), or similarly relates to offenses if out-of-state, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, to establish a permanent residence or temporary residence within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, or park.

(B)

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 a school, designated public school bus stop, day care center or park.

(C)

Exceptions: A person referenced in Section 136.02(A) and residing within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, or park, does not commit a violation of this section if:

(1)

The person established the permanent residence prior to November 15, 2005 (the effective date of this Ordinance No. 75-05);

(2)

The person had permanent residency prior to being designated a sexual offender or predator.

(3)

The person was a minor when he/she committed the offense and was not convicted as an adult.

(4)

The person is a minor.

(5)

The school, designated public school bus stop, day care center, or park or within one thousand five hundred (1,500) feet of the person's permanent residence was opened after the person established the permanent residence.

(6)

The person was convicted of the crimes enumerated in [Section] 136.02(A) prior to October 1, 2004.

(Ord. No. 75-05, § 1, passed 11/15/05; Ord. No. 36-06, § 1, passed 8/11/06)