HomeMy WebLinkAboutordinance SRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.mlami.fl.us
File Number: 05-00440
Final Action Date:
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 VII1, Section 2(b), Florida Constitution and §155.021, Florida Statute, provide
the City authority to protect the health, safety and welfare of its residents;
NOW, THEREFORE, BE 1T 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 Printed On: 5/31/7005
File Number. 05-00440
37-7. Sex offenders and sexual predators.
(a) Findings and Intent.
Repeat sexual offenders, sexual offenders who use physical violence, and sexual offendem
who prey on children are sexual predators who present an extreme threat to the public safely.
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.
21 It is the intent of this Article to serve the citv'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 a can sexual be ked or predatorseared in prohibited trattd
from
numbers wherein certain sexual offenders
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 mom
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
ro finely abides, lodges�orich esidesnot
for a period
personpermanent address, or a place where the person
of 4 or more consecutive or nonconsecutive days in any month and which is not the person,
permanent residence.
(c) Sexual Offender and Sexual Predator Residence Prohibition: Penalties: Exceptions.
in 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 adiudication has been withheldt 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 12.0
stop, day care center, park, or playground.
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 residencur
temporary residence to nearest outer property line of a school, designated public schools
stop, day care center, park, or playground.
(d) Penalties.
al A person who violates this section and whose conviction under 0794.011, 800.04, 827.071, or
City of Miami Page 1 of 4 Printed On: 5/31,200S
File Number: 05-00440
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:
f 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 own
adult.
LE The person is a minor.
LI The school, designated public school bus stop or day care center within 2500 feet of tlie
ersons ermanent residence was o ened after the erson established the ermanant
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}
APPROV D A. TO FORM AND CORRECTNESS
h
JORGE .FE'NAN
CITY A9 OR EY
City of Miami
Page 3 of 4 Printed On: 5/314i0.5
File Number: 05-00440
Footnotes:
{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 Primed On: 5/31/2005