§ 66-68. Residency restrictions.

(a)

A person who has been convicted of a sexual offense may not reside within 2,500 feet of any school, child care facility, park, public library, or playground.

(b)

Exemptions. This subsection does not apply to any person who:

(1)

Lives in a residence that he or she established prior to the effective date of Ordinance No. 15-09, or prior to the establishment of a school, child care facility, park or playground within 2,500 feet of his or her residence. A person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.

a.

The person shall not be deemed to have established a residence for the purposes of this exemption if the residence is an illegal residential use of the property under the county's zoning code(s); and

b.

This exemption does not apply if the person is convicted of a subsequent sexual offense that occurs after the effective date of Ordinance No. 15-09 and after establishment of the school, child care facility, park, public library, or playground.

(2)

Was convicted of a violation of F.S. § 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, for an offense that occurred before October 1, 2004;

(3)

Was convicted of an offense in another jurisdiction that is similar to a violation of F.S. § 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, for an offense that occurred before May 26, 2010;

(4)

Has been removed from the legal requirement to register as a sexual offender or sexual predator;

(5)

Was a minor when he or she committed the offense and was not convicted as an adult; or

(6)

Is a minor.

(c)

The 2,500-foot distance shall be measured in a straight line from the outer real property boundary line of the parcel upon which the offender or predator's residence is located to the nearest real property boundary line of the parcel upon which a school, child care facility, park, public library, or playground is located. 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.

(Ord. No. 15-09, § 3(66-62), 4-21-15; Ord. No. 16-16, § 3, 8-9-16)