§ 50-194. Sexual offender and sexual predator residence prohibition; measurement; penalties.

(a)

[Residence prohibition.] It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, or a similar offense pursuant to the laws of any federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, or of any state or territory of the United States or other jurisdiction, regardless of whether adjudication has been withheld, in which the victim of the offense for which the conviction resulted was less than 18 years of age at the time the offense was committed, to establish a permanent or temporary residence within 2,500 feet of any school, designated school bus stop, day care center, park, or playground.

(b)

Measurement. For purposes of determining the minimum distance separation, the 2,500 feet requirement 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 school bus stop, day care center, park, or playground.

(c)

Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, said person shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding one year, or by both such fine and imprisonment.

(d)

Exceptions. A person residing within 2,500 feet of any school, designated school bus stop, day care center, park, or playground does not commit a violation of this section if any of the following apply: (1) the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435, or 944.607, prior to the effective date of this article; (2) the person was a minor when he/she committed the offense and was not convicted as an adult; (3) the person is a minor; (4) the school, designated school bus stop, day care center, park, or playground within 2,500 feet of the person's permanent residence was opened after the person established the permanent residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435, or 944.607.

(Ord. No. 05-38, § 2, 8-11-05; Ord. No. 09-18, § II, 3-26-09)