0967 Sex Offenders ResidencesORDINANCE NO. 967
• AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY OF
OKEECHOBEE, FLORIDA, AMENDING CHAPTER 38 OF THE CITY OF OKEECHOBEE
CODE OF ORDINANCES BY PROVIDING DEFINITIONS RELATING TO SEXUAL
OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS FOR CERTAIN SEXUAL
OFFENDERS FROM SCHOOLS, CHILD CARE FACILITIES, OR PUBLIC PARKS AND
PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERS
FROM RESIDING TOGETHER IN THE SAME DWELLING UNIT OR WITHIN THE SAME
MULTI - FAMILY RESIDENTIAL USE; PROHIBITING THE ESTABLISHMENT OF A
REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER
SIMILAR LODGING FOR SEXUAL OFFENDERS OR NON - SEXUAL OFFENDERS
UNLESS PERMITTED BY ZONING DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN
THE HEAVY COMMERCIAL, OR INDUSTRIAL ZONING CLASSIFICATIONS;
PROHIBITING THE LEASING OF REAL PROPERTY TO SEXUAL OFFENDERS IN
VIOLATION OF CHAPTER 38 OF THE CITY OF OKEECHOBEE CODE OF
ORDINANCES; REQUIRING PROSPECTIVE LANDLORDS TO CHECK SEXUAL
OFFENDER REGISTRY; LIMITING ACCESS OF SEXUAL OFFENDERS TO PUBLIC
PARKS AND CHILD CARE FACILITIES; PROVIDE FOR A SPECIAL EXCEPTION FOR
A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER
SIMILAR LODGING FOR SEXUAL OFFENDERS AND NON - SEXUAL OFFENDERS;
PROVIDING TO ADD A SPECIAL EXCEPTION FOR BOARDING HOUSES AND
ROOMING HOUSES; PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
•
WHEREAS, the City of Okeechobee is authorized, pursuant to Chapter 161, Florida Statutes, to
adopt ordinances to protect the health, welfare and safety of its citizens; and
WHEREAS, the City of Okeechobee concurs with and adopts the findings of Section 775.21(3)(a),
Florida Statutes which found that "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. 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 "; and
WHEREAS, National Crime Victimization Surveys from the Bureau of Statistics estimates that
only 32 percent of sexual assaults against persons 12 or older are reported to law
enforcement. Another three year study of 4,008 adult women found that 84 percent of
respondents who identified themselves as rape victims did not report the crime to
authorities; and
WHEREAS, various studies support the hypothesis that recidivism rates for sexual offenders are
actually much higher than officially reported due in part to varying definitions of recidivism
based upon either arrest or conviction criteria. Research information generated through
polygraph examinations on a sample of imprisoned sex offenders with fewer than two
known victims (on average), found that these offenders actually had an average of 110
victims and 318 offenses; and
WHEREAS, the intent of this Ordinance is to serve the City's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of the City, particularly
children, by prohibiting certain sexual offenders from establishing temporary or permanent
residence in certain areas where children are known to regularly congregate, to prohibit
renting or leasing real property to certain sexual offenders if such property is located where
children are known to regularly congregate, limiting certain sexual offenders' access to
public parks and child care facilities and to prevent multiple sexual offenders from living
together except in association with an organized course of treatment and within non-
residential zoning districts following review and imposition of appropriate conditions and
safeguards; and
Page 1 of 6
WHEREAS, the City Council has determined that it is in the best interests of the general public
to amend provisions of the City of Okeechobee Code of Ordinances.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City:
SECTION ONE:
That Chapter 38 of the City of Okeechobee Code of Ordinances shall be amended to add
the following section Article III to read as follows:
Article III. Sec. 38 -42. Definitions.
The following terms and phrases when used in this Article shall have the meanings
ascribed to them in this section unless the context otherwise requires:
(1) "Child" or "children" means any person(s) Tess than sixteen (16) years of age.
(2) "Child care facility" means day nurseries, child care centers and family day care homes
licensed by the State of Florida Department of Children and Families.
(3) "Convicted" or "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. A "conviction for a similar offense" includes, but is not limited to: a conviction by
a federal or military tribunal, including courts - martial conducted by the Armed Forces of the
United States, and includes a conviction or entry of a plea of guilty or nolo contendere
resulting in a sanction in any state of the United States or other jurisdiction. A "sanction"
includes, but is not limited to, a fine, probation, community control, parole, conditional
release, controlled release, or incarceration in a state prison, federal prison, private
correctional facility, or local detention facility.
(4) "Legal guardian" or "guardian" shall mean biological or adoptive parent of a child
registered at a child care facility or a person who is responsible for the care and
maintenance of said child by written consent of the biological or adoptive parent or
pursuant to Florida Statutes or similar laws of another jurisdiction.
(5) "Public Park" means a park open to the general public but excludes City offices.
(6) "Permanent residence" means a place where a person abides, lodges, or resides for
five (5) or more consecutive days.
(7) "Reside" or "residence" means to have a place of permanent residence or temporary
residence.
(8) "Residence restricted sexual offender" means a person designated as a sexual
offender as defined by section 38- 42(10) herein who has committed a sexual offense as
defined by section 38- 42(11) herein, or a sexual predator as defined by Section 775.21,
Florida Statutes.
(9) "School" means a public or private kindergarten, elementary, middle or secondary
(high) school together with any school recreational facilities whether or not contiguous to
school buildings.
(10) "Sexual offender" shall have the meaning ascribed to such term in Section 943.0435,
Florida Statutes.
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(11) "Sexual offense" means a conviction under Sections 800.04 (lewd and lascivious acts
on /in presence of persons under age 16), 827.071 (sexual performance by a child),
847.0145 (selling or buying of minors for portrayal in sexually explicit conduct) or 794.011
(sexual battery) excluding Section 794.011(10), Florida Statutes, regardless of whether
adjudication has been withheld, or a similar law of another jurisdiction, in which the victim
of the offense was less than sixteen (16) years of age.
(12) "Temporary residence" means a place where the person abides, lodges, or resides
for a period of five (5) or more days in the aggregate during any calendar year.
Section 38 -43. Residence Prohibitions for Residence Restricted Sexual Offenders;
Penalties.
(1) It is unlawful for any person who is designated as a residence restricted sexual offender
to reside within 1,000 feet of any school, child care facility, or public park.
(2) The 1,000 foot distance shall be measured in a straight line from the outer boundary
of the real property that comprises a sexual offender's residence to the nearest boundary
line of the real property that comprises a school, child care facility, or public park. The
distance may not be measured by a pedestrian route or automobile route, but instead as
the shortest straight line distance between the two points.
(3) It is unlawful for any residence restricted sexual offender to reside in the same dwelling
unit or within separate dwelling units on a single lot, or within the same duplex or multi-
family multiple dwelling use with another sexual offender unless related by marriage or
consanguinity or unless permitted within an institution, rehabilitation facility or half -way
house.
(4) Institution, Rehabilitation Facility or Half -way House. The provisions of Section 38 -43
(1)(2)(3) and Section 38 -44 shall not apply to inmates residing within the Okeechobee
County Jail or a governmentally controlled correction or penal facility. A rehabilitation
facility, half -way house, camp, retreat or other similar lodging offered as a condition of, or
in association with, an organized course of treatment of sexual offenders may be permitted
as a permitted principal use within a zoning district designated for that purpose or as a
special exception within a Heavy Commercial or Industrial zoning district. The provisions
of Section 38- 43(1)(2)(3) and Section 38 -44 shall not apply to residents of such a lawfully
permitted rehabilitation facility, half -way house, camp or retreat.
(5) Penalties. A person who violates Section 38- 43(1)(2)(3) herein shall be punished by
a fine not to exceed $500,00 or imprisonment in the County jail for not more than 60 days
or by both such fine and imprisonment.
Section 38 -44. Exceptions.
(1) A residence restricted sexual offender residing within 1,000 feet of any school, day care
center, or public park does not commit a violation of this section if any of the following
apply:
(a) The residence restricted sexual offender established a residence and registered
said residence pursuant to Sections 775.21, 943.0435 or 944.607, Florida Statutes,
prior to the effective date of this Article. The residence restricted sexual offender
shall not be deemed to have established a residence or registered said residence
for purposes of this section, if the residence is an illegal multi - family apartment unit,
an illegal multifamily use, or incident to a non - residential use or operation within a
neighborhood zoned for single family residential use or if the residence is an illegal
dwelling in any zoning district.
(b) The residence restricted sexual offender was a minor when he or she committed
the sexual offense and was not convicted as an adult.
(c) The school, day care center, or public park was opened after the residence
restricted sexual offender established the residence.
Page 3 of 6
(d) The residence restricted sexual offender is residing in a hospital, nursing home,
assisted living facility or similar institutional arrangement due a medical, mental or
physical condition or disability provided the residence restricted sexual offender is
not at liberty to make unsupervised trips from the facility while in residence. For the
purposes of this section, the term "condition or disability" shall not be construed to
be a sexual condition or dysfunction which contributed to, or resulted in, commission
of a sexual offense. Facilities offering defined courses of treatment or therapy for
sexual offenders shall be considered a rehabilitation facility and not an institution
for which an exemption is provided under this section.
(2) The exceptions afforded herein shall not apply to a residence restricted sexual offender
who is convicted of a subsequent sexual offense as an adult after residing at a registered
residence within 1,000 feet of a school, child care facility, or public park.
Section 38 -45. Property Owners or Lessors Prohibited from Renting Real Property
to Certain Residence Restricted Sexual Offenders; Penalties.
(1) It is unlawful to let or rent any place, structure, or part thereof, modular home, mobile
home, recreational vehicle, trailer or other conveyance, with knowledge that it will be used
as a permanent or temporary residence by any person prohibited from establishing such
permanent or temporary residence pursuant to this Article of the Code, if such place,
structure, or part thereof, modular home, mobile home, recreational vehicle, trailer or other
conveyance, is located within 1,000 feet of a school, child care facility, or public park.
Knowingly renting to a residence restricted sexual offender shall include, but shall not be
limited to, renting or leasing a residence after being notified that the prospective renter,
lessee or adult resident is a residence restricted sexual offender as defined in this Article.
(2) Prior to letting, renting or leasing any place, structure, or part thereof, modular home,
mobile home, recreational vehicle, trailer or other conveyance for use as a permanent or
temporary residence that is located within 1,000 feet of a school, child care facility, or
public park, and annually thereafter if a rental agreement is entered into, the owner or
lessor shall at a minimum conduct an internet search (for the state of Florida
[www.fdle.state.fl.usl or National Sex Offender Registry [www.nsor.orgl as the website
addresses may change from time to time) that the prospective renter, lessee or adult
resident is not a registered sexual offender as a result of a conviction of a sexual offense.
The owner or lessor shall retain evidence of the completion of the state or nationwide
search for a period of not less than one year from the effective date of the letting, renting
or leasing.
(3) Penalties.
(a) A person who violates Section 38 -45(1) herein shall be punished by a fine not
to exceed $250.00 or imprisonment in the County jail for not more than 30 days, or
both such fine and imprisonment. A person who is convicted of a second or
subsequent violation herein shall be punished by a fine not to exceed $500.00 or
imprisonment in the County jail for not more than 60 days, or by both such fine and
imprisonment.
(b) A person who violates Section 38 -45(2) herein shall be punished by a civil
penalty of $100.00 by civil citation as provided in Chapter 162, Part II, Florida
Statutes. Each day of violation or noncompliance shall constitute a separate
offense.
Section. 38 -46. Residence Restricted Sexual Offender Access to Public Parks and
Child Care Facilities Restricted; Penalties.
(1) It is unlawful for a person designated as a residence restricted sexual offender to
knowingly be present in a public park, when a child under the age of sixteen (16) years is
present, unless the residence restricted sexual offender is the parent or legal guardian of
a child present in the public park. This Section shall not be construed to prevent the safe
and expeditious embarkation, debarkation or the launching and removal of a boat from a
boat ramp or dock located within the City.
Page 4 of 6
(2) Signage at the entrance of public parks shall include notification that a person
designated as a residence restricted sexual offender, shall not be present in a public park
when a child under the age of sixteen (16) years is present, unless the sexual offender is
the parent or legal guardian of a child present in the public park.
(3) It is unlawful for a residence restricted sexual offender to knowingly enter or remain in
a child care facility ( "facility ") or on its premises unless the residence restricted sexual
offender:
(a) is dropping off or picking up a child registered at the facility and is the parent or
legal guardian of said child; and
(b) remains under the supervision of a facility supervisor or his or her designee while
on the facility premises.
(4) Penalties. A person who violates Section 38 -46 herein shall be punished by a fine not
to exceed $250.00 or imprisonment in the County jail for not more than 30 days, or by both
such fine and imprisonment. A person who is convicted of a second or subsequent
violation of Section 38 -46(1) or (3) herein shall be punished by a fine not to exceed
$500.00 or imprisonment in the County jail for not more than 60 days, or by both such fine
and imprisonment.
(5) Exemption. The provisions of this Section 38 -46 shall not apply in such cases where
a polling place designated by the Okeechobee County Supervisor of Elections is located
within a Public Park or Child Care Facility from one hour prior to the opening of such polling
place and until one hour following the closing of such polling place. Neither this section nor
this Article shall be construed to prevent or inhibit the right of suffrage.
Section. 38 -47. Application to existing contracts.
The provisions of this Article shall not be applied to persons lawfully residing at a prohibited
location on or before December 1, 2006 such that it is not the intent of this Article to impair
valid, existing, and bona fide contract rights; provided, however, that the provisions of this
Article shall apply upon expiration or termination of any leasehold arising from a landlord -
tenant relationship or the expiration of a lease. When a person who is a subject of this
Article changes residences or commences a new or renewed lease term, this Article shall
fully apply to such persons.
Section. 38 -48. Transition rule.
That for a period of thirty (30) days from the effective date of this Article, any sexual
offenders residing in the incorporated area of City of Okeechobee in a group rehabilitation
or half -way house environment existing as of December 1, 2006 may relocate to another
group rehabilitation or half -way house environment likewise existing as of December 1,
2006 provided the receiving facility is located within a less restrictive zoning classification
as defined in this Code. No relocation permitted under this transition rule shall render any
nonconforming or illegal use existing as of the effective date of this Article conforming or
legal.
Section. 38 -49. Amending Zoning Regulations.
(1) In order to effect the amendments to the zoning categories and special exceptions of
Chapter 90 Land Development Regulations, such amendments must be presented to the
Planning Board for the City of Okeechobee.
(2) Pending the scheduling of the Planning Board hearings, there exists no zoning
classification or special exceptions within the City of Okeechobee that would permit lodging
by sexual offenders in rehabilitation facilities, half -way house, camp or retreat, rooming
house or boarding house.
Page 5 of 6
INTRODUCED for first reading and set for final public hearing this 5th day of December, 2006.
ATTEST:
Lane GairiiPlea, C C, City Clerk
"
James E. Kirk, Mayor
PASSED and ADOPTED on second and final public hearing this 2nd day of January, 2007.
ATTEST:
Lane amiotea, C C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
.Itshh . Cook, City Attorney
Page 6 of 6
James E. Kirk, Mayor
PUBLIC HEARING NOTICE
CITY COUNCIL
The City of Okeechobee CITY COUNCIL will meet in the Council Chambers on Tuesday, January 2, 2007 at
6:00 p.m., or as soon thereafter, to consider the following:
IN Ordinance No. 966: AN AMENDMENT TO THE CITY OF OKEECHOBEE LAND DEVELOPMENT
CODE CREATING THE CITY OF OKEECHOBEE PROPORTIONATE FAIR SHARE
TRANSPORTATION ORDINANCE; CREATING ARTICLE V OF CODE BOOK CHAPTER 78
DEVELOPMENT STANDARDS; PROVIDING FOR SHORT TITLE, AUTHORITY AND
APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE, PROVIDING FOR DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR GENERAL
REQUIREMENTS, APPLICATION PROCESS, AND DETERMINATION OF PROPORTIONATE
FAIR SHARE OBLIGATION; PROVIDING FOR TRANSPORTATION FACILITIES AND IMPACT
FEE CREDIT, PROVIDING FOR PROPORTIONATE FAIR SHARE AGREEMENTS; PROVIDING
FOR APPROPRIATION OF FAIR SHARE REVENUES; PROVIDING FOR CONFLICTS OF
LAW, SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION AND CODE
AND AN EFFECTIVE DATE.
• Ordinance No. 967: AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY
OF OKEECHOBEE, FLORIDA, AMENDING CHAPTER 38 OF THE CITY OF OKEECHOBEE
CODE OF ORDINANCES BY PROVIDING DEFINITIONS RELATING TO SEXUAL
OFFENDERS; ESTABLISHING RESIDENCE RESTRICTIONS FOR CERTAIN SEXUAL
OFFENDERS FROM SCHOOLS, CHILD CARE FACILITIES, OR PUBLIC PARKS AND
PROVIDING FOR EXCEPTIONS; PROHIBITING MULTIPLE SEXUAL OFFENDERS FROM
RESIDING TOGETHER IN THE SAME DWELLING UNIT OR WITHIN THE SAME MULTI-
FAMILY RESIDENTIAL USE; PROHIBITING THE ESTABLISHMENT OF A REHABILITATION
FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER SIMILAR LODGING FOR
SEXUAL OFFENDERS OR NON - SEXUAL OFFENDERS UNLESS PERMITTED BY ZONING
DISTRICTS OR AS A SPECIAL EXCEPTION WITHIN THE HEAVY COMMERCIAL, OR
INDUSTRIAL ZONING CLASSIFICATIONS; PROHIBITING THE LEASING OF REAL
PROPERTY TO SEXUAL OFFENDERS IN VIOLATION OF CHAPTER 38 OF THE CITY OF
OKEECHOBEE CODE OF ORDINANCES; REQUIRING PROSPECTIVE LANDLORDS TO
CHECK SEXUAL OFFENDER REGISTRY; LIMITING ACCESS OF SEXUAL OFFENDERS TO
PUBLIC PARKS AND CHILD CARE FACILITIES; PROVIDE FOR A SPECIAL EXCEPTION
FOR A REHABILITATION FACILITY, HALF -WAY HOUSE, CAMP, RETREAT OR OTHER
SIMILAR LODGING FOR SEXUAL OFFENDERS AND NON - SEXUAL OFFENDERS;
PROVIDING TO ADD A SPECIAL EXCEPTION FOR BOARDING HOUSES AND ROOMING
HOUSES; PROVIDING FOR PENALTIES, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with
respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing
special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working
days prior to the proceeding at 863 - 763 -4423; if you are hearing or voice impaired, call TDD 1- 800 - 222 -3448 (voice) or
1- 888 - 447 -5620 (TTY).
Al a L (r (L ref k L ✓A Le, 7C; .✓ _
by James E. Kirk, Mayor ,/° , 1
Lane Gamiotea CMC, City Clerk e 46,21,2