2013-O-19 ORDINANCE NO. 2013-0-19
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE I (IN
GENERAL) BY ADDING SECTION 12-7 (SEXUAL
OFFENDERS AND SEXUAL PREDATORS); PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the City of Edgewater is deeply concerned about the numerous occurrences
within Florida and across the nation when convicted sexual offenders have been released from
custody and then repeat the unlawful acts for which they had originally been convicted.
WHEREAS, the City Council finds that, based on the available reliable evidence, the
recidivism rate for released sexual offenders is alarmingly high, especially for those who commit
crimes against children.
WHEREAS, in a study entitled "Recidivism of Sex Offenders Released from Prison in
1994," statisticians from the United States Department of Justice, Office of Justice Programs,
Bureau of Justice Statistics (November 2003), found the following:
1. Within three years following their release, 5.3% of sex offenders (men who
committed rape or sexual assault) were rearrested for another sex crime.
2. On average, the 9,691 sex offenders studied served less than half of their 8-year
sentence.
3. Compared to non-sex offenders released from state prisons, released sex offenders
were four times more likely to be rearrested for a sex crime.
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4. Of the released sex offenders, 3.5% were reconvicted for a sex crime within the
three year follow-up period, 24%were reconvicted for a new offense and 38.6% were returned to
prison, either because they received another prison sentence or because of a parole violation.
5. The 9,691 released sex offenders studied included 4,295 men who were in prison
for child molestation.
WHEREAS, in a study entitled "Sex Offenses and Offenders," a statistician from the
United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics
(February 1997), found that two-thirds of sex offenders in prison had victimized children.
WHEREAS, in a study entitled "Six-Year Follow-Up of Released Sex Offenders
Recommended for Commitment Under Washington's Sexually Violent Predator Law, Where No
Petition Was Filed," the Washington State Institute for Public Policy published its findings of
recidivism rates among released sexual predators and determined that 57% of the predators re-
offended within six years of being released from prison and the study further showed that felony
sex offenses were the crimes of choice for the sex offenders of which 16% did not register as sex
offenders and that approximately 180 of the "recidivists" committed crimes "considered
precursors to child molestation."
WHEREAS, Section 947.1405(7), Florida Statutes (2013) provides, in pertinent part,
that:
Any inmate who is convicted of a crime committed on or after October 1, 1995,
or who has been previously convicted of a crime committed on or after October 1,
1995, in violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or
s.847.0145, and is subject to conditional release supervision, shall have, in
addition to any other conditions imposed, the following special conditions
imposed by the commission:
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1.
2. If the victim was under the age of 18, a prohibition on living within
1,000 feet of a school, child care facility, park, playground, designated public
school bus stop, or other place where children regularly congregate. A releasee
who is subject to this subparagraph may not relocate to a residence that is within
1,000 feet of a public school bus stop. Beginning October 1, 2004, the
commission or the department may not approve a residence that is located within
1,000 feet of a school, child care facility, park, playground, designated school bus
stop, or other place where children regularly congregate for any releasee who is
subject to this subparagraph. On October 1, 2004, the department shall notify
each affected school district of the location of the residence of a releasee 30 days
prior to release and thereafter, if the releasee relocates to a new residence, shall
notify any affected school district of the residence of the releasee within 30 days
after relocation. If, on October 1, 2004, any public school bus stop is located
within 1,000 feet of the existing residence of such releasee, the district school
board shall relocate that school bus stop. Beginning October 1, 2004, a district
school board may not establish or relocate a public school bus stop within 1,000
of the residence of a releasee who is subject to this subparagraph. The failure of
the district school board to comply with this subparagraph shall not result in a
violation of conditional release supervision. A releasee who is subject to this
subparagraph may not be forced to relocate and does not violate his or her
conditional release supervision if he or she is living in a residence that meets the
requirements of this subparagraph and a school, child care facility, park,
playground, designated public school bus stop, or other place where children
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regularly congregate is subsequently established within 1,000 feet of his or her
residence.
WHEREAS, in 2005 the Governor signed the "Jessica Lunsford Act," House Bill 1877,
Chapter 2005-28, Laws of Florida, which provided for additional protective measures against
sexual offenders and predators, including electronic monitoring of certain offenders, and which
otherwise strengthened the State's efforts to control the cancer of child sexual victimization.
WHEREAS, the Florida Department of Law Enforcement provides a database
containing public record information on offenders classified as sexual predators and sexual
offenders under Florida law because of a conviction for a sex-related crime and/or a specific
crime against children, which information is made available to interested citizens to help them
educate themselves about the possible presence of such offenders in their local communities.
WHEREAS, experts in the field of child sex crimes, such as those at the John Jay
College in New York, state that "... child sexual abuse is significantly underreported" and a
study of the Center for Sex Offender Management, a project of the United States Department of
Justice, noted that "[a]lthough sex offenders account for only a small percentage of the total
offender population, probably no other group of offenders evokes as much fear in citizens and
concern among policymakers and practitioners. In an effort to protect the public from the threats
posed by known sex offenders and to ensure that the most effective management practices
possible are in place, communities across the country are working hard to assess and plan
improvements in their current approaches to sex offender management".
WHEREAS, one expert author has written that "[t]here is overwhelming evidence that
indicates that our current system of punishing or treating sexual offenders is failing us" and a
publication of the American Medical Association (AMA) states that "[c]hild sexual abuse has
been endemic for generations, but recognition of the prevalence and the potential devastating
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psychological effects have only recently received attention" and the AMA publication goes on to
state that "[decent studies suggest that approximately 20% of children will be sexually abused in
some way before they reach adulthood, with this figure cumulating at a rate of about 1% each
year".
WHEREAS, the Florida Department of Law Enforcement has noted that "[t]he theme of
the 1997 National Institute of Justice (NIJ) Conference on Criminal Justice Research and
Evaluation, Crime and Place, reflects an emerging trend among criminal justice researchers and
practitioners to shift the focus of crime prevention and suppression efforts from people (potential
offenders)to places".
WHEREAS, the Colorado Bureau of Investigation has assembled the following relevant
statistics:
1) In 2001, there were approximately 386,000 registered sex offenders in the United
States.
2) Approximately 95% of sex offenders in the U.S. are under correctional
supervision in the community.
3) At least half of convicted child molesters report that they also have been sexually
assaulted as a child.
4) Over 80% of convicted adult rapists report that they have molested children.
5) Approximately one-third of sex offenders report assaulting both males and
females. Research shows that most convicted sex offenders have committed many assaults
before they are caught.
6) Most sex offenders report that they have committed multiple types of sexual
assault (sexual assault crimes include exhibitionism, voyeurism, oral sex, vaginal penetration,
attempted penetration, fondling, and incest).
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7) Over two-thirds of offenders who reported committing incest also said they
assaulted victims outside the family.
8) Studies of victims have found that less than 16% of sex crimes are reported to law
enforcement.
9) Young victims who know or are related to the perpetrator are least likely to report
the crime to authorities.
10) Most offenders commit multiple crimes against multiple types of victims with
whom they have varying types of relationships (adults, children, male, female, known and
unknown). This behavior is known as "crossover."
11) Sex offenders rarely commit a single type of offense. Many offenders have NO
official criminal record or sex crime history of any kind.
12) There is no such thing as a "typical" sex offender; however all tend to be
manipulative, deceptive, and secretive. Sex offenders come from all backgrounds, ages, income
levels, and professions.
13) Sex offenders usually do not commit their crimes impulsively. They usually
carefully plan their crimes.
WHEREAS, schools, day care centers, public parks, public and private playgrounds
(such as miniparks and recreational open spaces), libraries and churches are places within the
City where children are frequently and regularly present and are involved in activities, and are
places to which children walk from within their neighborhoods, thereby passing the residences of
persons who may target children for criminal activities.
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WHEREAS, 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.
WHEREAS, it is the intent of this section to reduce the potential risk of harm to children
of the community by limiting the opportunity for sexual predators and sexual offenders to be in
contact with unsuspecting children in locations that are primarily designed for use by children,
are primarily used by children, or are customary gathering places for children.
WHEREAS, the City of Edgewater is a family oriented community which highly values
its children and is a place that families with young children find highly desirable.
WHEREAS, Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General)
should be modified to include Section 12-7 (Sexual Offenders and Sexual Predators).
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS), ARTICLE I (IN
GENERAL) BY ADDING SECTION 12-7 (SEXUAL
OFFENDERS AND SEXUAL PREDATORS) OF THE CODE
OF ORDINANCES FOR THE CITY OF EDGEWATER,
FLORIDA.
Amend Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) by
adding Section 12-7 (Sexual Offenders and Sexual Predators) of the City of Edgewater Code of
Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
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PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, 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 F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve kith the removal or bus stops I om the list of prohibitions by
Councilwoman Bennington with Second by Councilman Emter the vote on first reading/public
hearing of this ordinance held on November 4, 2013, was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
Councilman Gene Emter X
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After Motion to approve by I_I kif A ith Second byeatr jakmar3,uXr , the
vote on second reading/public hearing of this ordinance held on December 2, 2013 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power
Councilwoman Gigi Bennington EXCUSED
Councilman Michael Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 2nd day of December, 2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWA E ' F i ' DA
k '
tpa■m ! •►. _ t3y: diftwallb', •
Bonnie Wenzel Mike Thomas
City Clerk ayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 2nd day of
legality by: Aaron R. Wolfe, Esquire December, 2013 under Agenda Item No.
City Attorney 8 L .
Doran, Sims, Wolfe&Kundid
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Exhibit "A"
Chapter 12 (OFFENSES AND MISCELLANEOUS PROVISIONS)
ARTICLE I (IN GENERAL)
Article I. IN GENERAL is amended as follows:
Secs. 12 7. 12 40. Reserved.
Sec. 12-7. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 12-7.1. Findings and intent.
(a) 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 many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant.
(b) It is the intent of this section to reduce the potential risk of harm to children of the
community by limiting the opportunity for sexual predators and sexual offenders to be in contact
with unsuspecting children in locations that are primarily designed for use by children, are
primarily used by children, or are customary gathering places for children.
(c) It is the further intent of this section to serve the city's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of this city by creating areas
around locations where children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing temporary or permanent
residence.
Sec. 12-7.2. Definitions.
For the purposes of administration and enforcement of this section, unless otherwise stated, the
following words, terms and phrases, when used in this section, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Child care facility has the same meaning as provided in section 402.302, Florida Statutes.
Park means any public or private land available for recreational, educational, cultural or
aesthetic use as recognized by any governmental agency, Home Owner's Association (HOA)
and/or Community Development District (CDD).
Playground (minipark, recreational open space, playground) means a publicly or privately
owned area for recreational use primarily by children as recognized by any governmental
agency, Home Owner's Association (HOA) and/or Community Development District (CDD).
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Permanent residence means a place where the person abides, lodges or resides for five (5) or
more consecutive days.
Restricted sexual offender means a person:
1) Convicted of a felony violation of any offense listed in section 943.0435(1)(a)1,
Florida Statutes;
2) Convicted of any similar offense committed in this state that has been
redesignated from a former statute number to one of those listed in section
943.0435(1)(a)1, Florida Statutes; or
3) Convicted of any similar offense in another jurisdiction that would be a felony if
committed in this state, where the victim of the offense was under the age of 18 at the
time of the offense and the offender was 18 years of age or older at the time of the
offense and was prosecuted as an adult; or
4) Adjudicated delinquent for committing, or attempting, soliciting, or conspiring to
commit, on or after July 1, 2007, a violation of section 794.011(1)-(9), Florida Statutes,
section 800.04(4)(b), Florida Statutes, where the victim is under 12 years of age or where
the court finds sexual activity by the use of force or coercion; section 800.04(5)(c)1,
Florida Statutes where the court finds molestation involving unclothed genitals; or
section 800.04(5)(d), Florida Statutes, where the court finds the use of force or coercion
and unclothed genitals; and when the juvenile was 14 years of age or older at the time of
the offense.
School has the same meaning as provided in section 1003.01, Florida Statutes, and includes
private schools as defined in section 1002.01, Florida Statutes, a voluntary prekindergarten
education program as described in section 1002.53(3), Florida Statutes, a public school described
in section 402.3025(1), Florida Statutes, the Florida School for the Deaf and Blind, the Florida
Virtual School as established under section 1002.37, Florida Statutes, and a K-8 Virtual School
as established under section 1002.415, Florida Statutes, but does not include facilities dedicated
exclusively to the education of adults.
Sexual offender is a person convicted of(or who has pled no contest or guilty to) a sex offense
involving a minor and who is released on or after October 1, 1997 from the sanction (e.g., fine,
incarceration, probation, etc.) imposed as a result of the offense. Offenses include, but are not
limited to, child pornography, sexual performance by a child under 18 and procuring a person
under 18 for purposes of prostitution.
Sexual predator means a person designated as such pursuant to the criteria established in sections
775.21(4) and 775.21(5), Florida Statutes. A predator designation requires that a person be
convicted of a first-degree felony sex crime, or two second-degree felony sex crimes (with
offenses, convictions or release from court sanctions occurring within 10 years) and which
occurred after October 1, 1993. In addition, the court must issue a written order finding for
predator status.
Temporary residence means a place where the person abides, lodges, or resides for a period of
fourteen (14) or more days in the aggregate during any calendar year and which is not the
person's permanent address, or a place where the person routinely abides, lodges or resides for a
period of four (4) more consecutive or nonconsecutive days in any month and which is not the
person's permanent residence.
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Transient residence means a place where a person lives, remains, or is located for a period of
five (5) or more days in the aggregate during a calendar year and which is not the person's
permanent or temporary address. The term includes, but is not limited to, a place where the
person sleeps or seeks shelter and a location that has no specific street address.
Within 2,500 feet means a distance that shall be measured in a straight line from the outer
boundary of the real property upon which the residential dwelling unit of the restricted sexual
offender or sexual predator is located to the nearest outer boundary of a school, daycare center,
park, playground or other place where children regularly congregate. The distance may not be
measured by a pedestrian route or automobile route, but instead shall be measured as the shortest
straight line between the two points without regard to any intervening structures or objects.
Without otherwise limiting the foregoing measurement instructions, under those circumstances
in which the residential dwelling unit of the restricted sexual offender or sexual predator is
within a cooperative, condominium or apartment building, the parcel of real property described
in this paragraph shall consist of the parcel or parcels of real property upon which the
cooperative, condominium, or apartment building that contains the residential dwelling unit of
the restricted sexual offender is located.
Sec. 12-7.3. Sexual offenders and sexual predators residence prohibition; exceptions;
penalties; violation.
Residence Prohibition -
1) It is unlawful for any person who is a restricted sexual offender or a designated
sexual predator, where the victim is a minor, to establish or maintain a permanent,
temporary or transient residence within 2,500 feet of any public or private school, child
care facility, park, library, church, playground (minipark, recreational open space,
playground) or other place where children regularly congregate.
Exceptions—
A person residing within 2,500 feet of any school, child care facility, park, playground (such as
minipark and recreational open space), library, church or other place where children regularly
congregate does not commit a violation of this section if:
1) The person established the permanent residence or temporary residence and
reported and registered the residence pursuant to sections 775.21, 943.0435 or 944.607,
Florida Statutes, prior to the effective date of this section. When a person who is subject
to this section changes residences, this section shall fully apply to such persons.
2) The school, child care facility, park, playground (such as minipark and
recreational open space), library, church or other place where children regularly
congregate within 2,500 feet of the person's permanent residence was established after
the person established the permanent residence.
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Penalties—
Each act of violation and each day upon which any such violation shall occur shall constitute a
separate offense, punishable by a fine not to exceed $500.00 per day.
Sec. 12-7.4. Property owners prohibited from renting real property to certain sexual
offenders and sexual predators; penalties.
a) It is unlawful to let or rent any place, structure, or part thereof, trailer, vessel or other
conveyance, 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 12-7.3 of this Code, if such place, structure, or part thereof, trailer,
vessel or other conveyance, is located within 2,500 feet of any school, child care facility, park,
playground (such as minipark and recreational open space), library, church, or other place where
children regularly congregate.
b) A property owner's failure to comply with provisions of this section shall constitute a
violation of this section and shall subject the property owner to the code enforcement provisions
and procedures of the City of Edgewater Code of Ordinances that allow the city to seek relief as
otherwise provided by law.
Secs. 12-8— 12-40. Reserved.
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