Ordinance 05-1772AN ORDINANCE RELATING TO SEXUAL OFFENDERS AND SEXUAL
PREDATORS; CREATING CHAPTER 6.6 OF THE I/JNGWCOD CITY CODE
ENTITLED "SEXUAL OFFENDERS SE%VAL PREDATORS";
PROVIDING FOR FINDINGS NTENT, DEFINITIONS,
PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM
RESIDING OR TRAVELING WITHIN 1000 FEET OF SCHOOLS,
DAYCARE CENTERS, PARKS ANO PLAYGROUNDS,
E%CEPTIONS, REQUIRING LAW ENFORCEMENT OFFICERS TO AF£URD
TUNI TY TO £ PRESENCE IN A PROHIBITED AREA,
OVIDING FOR ASUR£MENT OF DISTANCES, REQUIRING
PEaLAPATION BY SEXDAL OFFENDERS AND SEXUAL P
UNDER CERTAIN CIRCUMSTANCES, REQUIRING RE
IDENTIFICATION, PROVIDING FOR MAPS O SCHOOLS, OATCAKE
CENTERS, ARKS AND PLAYGROUNDS,
OWNERS FROM RE O SE%VAL OFFENDERS AND RSE%UAL
PREDATORS P TY THATTLIES WITHIN 1000 FE
CENTER,R PARK O PROVIDING PENALTIESL
CARE DEFINI TIONS O AYCARE CENTER, PARK, PERMANENT
RESIDENCE, PLAYGROUND, SCHOOL, SEXUAL OFFENDER, SEXUAL
PREDATOR, AND RAAY FE SIDENCE; CREATING SECTIONS 6.6
THROUGH 6.6 OFE THE CODE; PROVIDING FOR SEVERABILITY;
NG FOR CODIFICATION, AND PROVIDING AN eFPECTIVE
WHEREAS, the Longwood City Commission, co LSectively antl i.n
conjunction with other electetl and appointed officials within
Seminole County, notes that there have been numerous occurrences
within Ge State of Floritla antl the United States where convictetl
sexual offenders and predators are released from custody and
thereafter commit similar crimes, antl
WHEREAS, it appears that the recidivism rate Eox released
sexual offenders and sexual predators rs alarmingly high,
especia l.ly for those who commit rr>mes upon children; and
WHEREAS, the Legislature has found and determined [hat sexual
offenders and sexual predators present an extreme threat to the
public safety; are extremely likely to use physical violence and to
repeat their offenses; commit many offenses and have many more
victims than are ever reported, and are prosecuted for only a
fraction of their crimes (See F.9. 57]5. 21 (31 (a)~; and
WHEREAS, the Legislature has found and determined that
protection of the public from sexual offenders, particularly [hose
who have committed offenses against mrnors, rs a paramount
governmental interest (see F.S. 5994.606(2((; and
wxEREAS, elori da law prohibits certain sexual offenders from
residing within 1,000 feet of any school, day care center, park, or
playground ISee F.S. 55"194.065 and 94].1905(; and
WHEREAS, the Florida Legislature passed House Bill 18]7,
commonly known as the "Jessica Lansford Act", which was approved by
Governor Jeb Bush on May 2, 2005, and codified as Chapter 2005-20,
Laws oP Florida; and
WHEREAS, the "Jessica Lunsfortl Act" w111 likely increase the
number of offenders who will be designated as sexual offenders or
sexual predators antl will require electronic monitoring of certain
offenders and predators antl will otherwise strengthen the State's
efforts to control the cancer of child sexual victimization; and
WHEREAS, Longwood is a family-oriented conmunity which highly
values its children and is place that families with young
children fintl highly desirable; and
WHEREAS, »chool s, day care centers, parks and playgrounds aie
places within Longwood that children are frequently and regularly
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locaeea ana invol~ea in activities; ana
wxeREAS, Longwooa nas a subseantial and compelling interest in
mainfainin9 Che quality of life and protecting the health, safety
and welfare of citizens at schools, days re centers, parks and
playgrounds to engage in positive educational, economic and social
activities, and has a subst antlal antl compelling interest in
allowing the citizens to gainfully and productively use and enjoy
the facilities in these areas and communities without victimization
at the hands of a sexual offender or sexual predator; and
wHEREAS, individuals have a significant interest in being able
to travel and associate freely in all areas o£ Longwood, e cept
during times of a public safety emergency, such as natural or
maemiade disasters; and
WHEREAS, it is in the public interest to exclude certain
sexual offenders and sexual predators from the areas surrounding
schools, daycare centers, parks and playgrounds; and
WHEREAS, certain exceptions must be made to the blanket
prohibition against sexual offenders and sexual predators traveling
to, through and in the area of schools, tlaycare centers, parks and
playgrounds; antl
WHEREAS, Longwood desires to ensure that Che citizens of [he
City are protected from criminal actSVity to the maximum extent
affordetl by controlling law in order to advance the public heatth,
safety and welfare, and benefit the citizens of Longwood to the
maxrm„m extent poasible; ana
wwEREAS, the Ci[y is not prohibited fzom acting on the subject
matter of this Ordinance and the provisions of this Ordinance aze
not preempted by and a.re consistent with State law; and
WHEREAS, this Ordinance is ertac[etl under the general home rule
and law enforcement powers of Longwood and rs not a zoning
ordinance ox a land development regulation.
NOW THEREFORE, BE ST ORDASNED HY THE CITY COM++I SSIONER9 OF
Section 1. Legislative Findings. The above recitals
represent the 1egi.s la~ive Iindings of the City Commission
supporting the need for this Ordinance.
Section 2. Longwood City Code is hereby amended to add the
following def initicns:
Sec. 6.6.1. DeFini lions.
Day Care Center - Any family or child care £acility licensed by the
State of Florida pursuant to Chapter 402, F.s. For purposes of
this chapter of this Code, a day care center includes the parking
lot, cartilage, yards, landscaped areas, playgrounds, accessory
buildings and all outdoor areas of Che facility. It is the intent
to include all areas reasonably included rn and part of the
facility.
Park - A publicly owned or operated area used or available for the
public's use as a recreational facility. including linear parks and
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the State, County and municipal recreational trails systems.
Permanent Residence - A place where a person abides, lotlges, or
resides for fourteen (19) or more consecutive days;
Playground - An established or dedicated outdoor area fox
recreation antl play, includiny, by way of example and not
Simitation, soccer fields, baseball diamonds, football fields antl
locations with outdoor equipment, such as, by way of e ample and
not limitation, swing sets, climbing apparatus and slides.
School - Any public or private school as defined in F.S. 441000.09
and 1002.01 (2009) or as those definitions may be amendetl by
subsequent legislation.
Sexual Offender - As defined in F.S. 4949.606(1). eor purposes of
this chapter of this Code, a Sexual Offender rs a person whose
victim was, at the time o£ the offense, Sess than sixteen ~16~
years old.
Sexual Predator - As defined in E.S. 4"!"15.21. Cor purposes of this
chapter of this Code, a Sexual Predator is a person whose victim of
the offense that qualified the person for designation as a sexual
predator was, a[ the time of the offense, less than sixteen (16)
years old.
Temporary aesidence - Any place where a person may abide, lodge or
reside that is not a person's Permanent Residence.
Section 3. Longwood City Code is hereby created, to read as
follows:
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Chapter 6.6.2. Sexual Offenders and Sexual Predators.
Sec. 6.6.2. Prohibl fed Residences of Sexual Offenders and Sexual
Pretlatora. It is prohibited and unlawful for any Sexual Offender
or Sexual Predator to abide, lodge or reside zn a permanent or
temporary residence located within Longwood when such residence is
located within 1,000 feet of any school, day cane center, park or
playgzound, regardless of whether [he school, day care centee, park
or playground lies within the jurisdictional limits of Longwootl.
A Sexual Offender oz Sexual Predator, having a permanent
residence within 1,000 feet of any school, day care center, park or
playgrountl, does not commit a violation of this section if any of
the following apply:
(a) The sexual Offender or Sexual Predator esT.ahl.i shed the
permanent res.itlence prior to the effective date of this
Ordinance, provided however, that at the end of the then
current rental term, in the case of a lease, the Sexual
Offender or Sexual Predator shall be required to abandon
that permanent residence and establish a new permanent
residence at a location [hat is not within 1,000 feet of
any school, day care center, park or playgrountl.
(b( The Sexual Offender or Sexual Predator was a minor when
committing the offense causrng the designation as a
sexnal Preaamr or sexual offender and was not sentenced
as an adult for that o£fens e.
Icl The Sexual Offentlei os Sexual Predator is under [he age
of eighteen (18).
(dl The school, day care center, park or pl.aygrountl was
opened or established after the Sexual Offender or Sexual
Predator es tabli,shed the permanent residence.
Section 6.6.3. Restriction of Certain Activities of Sexual
offenders and sexual Predators,
1. No Sexual Offender or Sexual Predator shall travel
through or remarn within the 1000 foot buffer zone
surrountling any school, daycare center, park or
playground e cept to:
(a) Attend a scheduled meeting with an atto[ney who 15
recognized as a licensed member of the Bar of the State
of Floritla;
(b) Attend a scheduled interview with a social servrce
provider licensed by the State of Florida;
(c) Comply with an order or ob ii 9ation of a coast or
correctional facility;
(tl) Contact crrmrnal justice personnel at a crrmrnal justice
facility:
(e7 Attend a church se rvlce or function;
(f) Attend a bona fide educational rnstitution as a
registered student;
(91 Attend to metlical or health care needs with a licensetl
physician;
(h) Attend to familial or parental obligations;
(i) Be gainfully employed or as part of duties imPOSed by
gainful employment;
(j) Seek refuge during times of impending natuzal disasters
or acts of terrorism, if such schools have been
designated by Seminole County or the State of Florida as
a place of refuge.
2. No Sexual Offender or Sexual Predator shall congregate or
remain within 100 feet of any school bus stop between the
hours of 6:00 a.m. and 9.00 a.m. and 2:00 p.m. and 5:00
p.m. during any school day.
A law enforcement officer shall, pcior to any arrest for an offense
under this Chapter fi.fi, afford the person a opportunity to explain
his oe her presence in the area antl the purpose thereof. No person
shall be convicted of an offense under this section if the law
enforcement off.i cer d.id not comply with this procedure or if it
appears at trial i:hat the explanation given by the person is true
and, if believetl by Lhe officer at the time, would have authorized
the person to be in the area pursuant T.o one of the exceptions
l iatea anoae.
Section 6. 6.d. Measurement of Die Wnce. For purposes of
measuring separation of a residence from a school, day care center,
park ox playground, all distances shall be measured from the
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outermost property line of the parcel upon which the residence is
located running in a direct line to the outermost property line of
the school, day care center, park or playground. For example, if
the residence is located rn a generally sou thwes[erly direction
from a pax k, then the measurement would be from the noztheast
corner of the residential parcel to the southwest corner of the
playground.
Section 6.6.5. Required Declaration of Status as a sexual
Offender or Sexual Predator.
(1) During trmes bf impending natural disasters or acts of
terrorism, Sexual offenders and Sexual Predators shall
identify themselves as a Sexual Offender or Sexual
Predator, as the case may be, to the official in charge
of any public shelter where they seek refuge.
(2) A Sexual Offender or Sexual Predator att nding any school
or day case function, must declare his or her status as a
Sexual Offender or Sexual Predator with the school
principal or designee rmmedi ately upon entering the
school property.
Section 6.6.6. Photo Identification Cartl. The Seminole County
Sheriff's Office shall provide a photo identification card to all
Sexual Offenders and Sexual Predators upon regl5t ration with the
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Seminole County Sheriff's Office. Such card shall include limited
biographical information and a registration number. All Sexual
Offenders and Sexual Predators registered i.n Longwood shall carry
this card on their person at all times.
Section 6.6.'1. Mapa Showing Schools, Daycare Centers, Parks
antl Playgrounds. At the time of registration, the Longwood Police
Department or its designee, including the Seminole County Sheriff's
Department shall provide all Sexual Offenders and Sexual Predators
a map showing the location of all schools, day care centees, parks
and playgrounds. Failure to recerve such a map and Failure of the
map to identify a particular school, day care center, park or
playground shall not be defenses to a claimed violation of this
ordinance, such map being providetl only as a convenience.
Section 6.6.8. Prohibition on Rentals and Leaseholtls. I[ is
unlawful for a property owner to knowingly let or rent any place,
structure, or pact thereof, to a Sexual Offender or Sexual
Predator, with the knowledge that i.t w.i 1.1 be used as a permanent or
temporary residence, if such place, structure, or part thereof, rs
locatetl within 1,000 feet of any school, day care center, park or
playground.
Section d. Penalties. Any person or entity who violates any
provision of this Ordinance shall be subject to any antl all
remediea available at law, including but not limited to, the code
enforcement provisions of Chapter 162, Florida Statutes.
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Any person violating any of the provisions of Section 3 of this
Ordinance shall be prosecuted in the same manner as misdemeanors
are prosecuted. Such violations shall be prosecuted in the name of
the State of Floritla in a coast having jurisdiction of misdemeanors
by the prosecuting attorney ChereoE and, upon convrctron, shall be
punishetl by a fine not to exceed FIVE I{UNDRED AND NO/100 DOLLARS
($500.001 or by imprisonment in the County jail, not to exceed
sixty (601 days or by both such fine and impri sonnent, or if the
offender vs supervised by the Department of Corrections under
Conditional Release, the offendez may be charged with a violation
of his or hez supervision and be returned to state custody.
Section 5. Citywide Application. This ordinance shall apply
within the City limits of [he City of Longwood, Florida.
Section 6. Enforcement. The provisions of this ordinance may
be enforced by the Longwood Police Department and/or Longwood Code
Enforcement.
Ordinance proves to be invalid, unlawful or unconstitutional, it
shall not be held Y.o impair the validity, Ee rce or of Eect of any
other section or part of this Ordinance.
Section B. Codification. The provisions of this Ordinance
shall be cotlified as and become and be made a part of the Longwood
City Cotle. The Sections of [his Ordinance may be renumbered or
relettered to accomplish such intention and the word "Ordinance" or
semi lai woods, may be changed to "Section", "Article", or other
appropriate wortl; provided however, that sections a, 8 and 9 shall
not be codi Pied.
Section 9. Effective Date. This Ordinance shall become
effective upon receipt of official acknowledgment by the Clerk of
the City of Longwood from the Department of the State that this
Ordinance has been -fei~led with the Department of State.
FIRST READING [his 7/ tlay of aSep'~° ~J A. D. 2005.
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SECOND READING this ~9~tlay of ..~~,.,.,,m~~' ,A. D. 2005.
FINAL READING AND ADOPTIONthis "day`of' ~.P ~~n~~yys'1 //~n ,pA.~0. 2005.
Ha tl G. Bundy, Mayor
ATfE ~ ~~/
(/Sarah M. Mijares, City CI k
Approved as to form antl legality far the use and reliance of the City of Longwootl, Florida
only. ~... _
Richard S. Taylor, Jr., Cite
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