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Home My WebLink AboutO-12691City of Miami Legislation Ordinance: 12691 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00440 Final Action Date: 6/9/2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," TO CREATE SECTION 37-7, TO BE ENTITLED "SEX OFFENDER RESIDENCY PROHIBITION," PROVIDING FOR A PROHIBITION AND PENALTIES FOR SEX OFFENDERS CONVICTED OF CRIMES UNDER CERTAIN FLORIDA STATUTES FROM LIVING WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission is deeply concerned about the numerous recent occurrences in our state and elsewhere, whereby convicted sex offenders who have been released from custody repeat the unlawful acts for which they had originally been convicted; and WHEREAS, the Miami City Commission finds from the evidence that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and WHEREAS, the City of Miami ("City") is becoming an increasingly attractive place of residence for younger families with small children; and WHEREAS, the City Commission desires to establish policy which provides the maximum protection of the lives and persons in the City; and WHEREAS, Article VIII, Section 2(b), Florida Constitution and 055.021, Florida Statute, provide the City authority to protect the health, safety and welfare of its residents; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, entitled "Offenses -Miscellaneous," is amended in the following particulars:{1} "CHAPTER 37 OFFENSES -MISCELLANEOUS City of Miami Page 1 of 4 File Id: 05-00440 (Version: 21 Printed On: 11/17/2016 File Number: 05-00440 Enactment Number: 12691 37-7. Sex offenders and sexual predators. (a) Findings and Intent. (1) 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. (2) It is the intent of this Article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly gather and can be stalked or observed in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Permanent residence" means a place where the person abides, lodges, or resides for 14 or more consecutive days. "Temporary residence" means a place where the person abides, lodges, or resides for a period of 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 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. (c) Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. (1) It is unlawful for any person who has been convicted of a violation of §§794.011, 800.04, 827.071, or 847.0145, Fla. Stat., regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 2500 feet of any school, designated public school bus stop, day care center, park, or playground. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, designated public school bus stop, day care center, park, or playground. (d) Penalties. City of Miami Page 2 of 4 File Id: 05-00440 (Version: 21 Printed On: 11/17/2016 File Number: 05-00440 Enactment Number: 12691 (1) A person who violates this section and whose conviction under 794.011, 800.04, 827.071, or 847.0145, Florida Statute, was classified as a felony of the third degree, second degree, first degree, or higher, shall be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 60 days, or by both such fine and imprisonment. (e) This section applies to any person convicted of a violation of 794.011, 800.04, 827.071, or 847.0145, Florida Statute, for offenses that occur on or after October 1, 2004. Exceptions. A person residing within 2500 feet of any school, designated public school bus stop, day care center, park, or playground does not commit a violation of this section if any of the following apply: The person established the permanent residence prior to July 1, 2005. ii The person was a minor when he/she committed the offense and was not convicted as an adult. (iii) The person is a minor. (iv) The school, designated public school bus stop or day care center within 2500 feet of the persons permanent residence was opened after the person established the permanent residence. Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 05-00440 (Version: 21 Printed On: 11/17/2016 File Number: 05-00440 Enactment Number: 12691 {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 05-00440 (Version: 21 Printed On: 11/17/2016