§ 66-69. Child safety zones.

(a)

Except as provided in subsection (b), this section applies to a person convicted of committing any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction against a victim who was under 18 years of age at the time of the offense: F.S. § 787.01, 787.02, or § 787.025(2)(c), where the victim is a minor; F.S. § 787.06(3)(g); § 794.011, excluding § 794.011(10); § 794.05; former § 796.03; former § 796.035; § 800.04; § 825.1025; § 827.071; § 847.0133; § 847.0135, excluding § 847.0135(6); § 847.0137; § 847.0138; § 847.0145; § 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subsection, if the person has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection and a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any post-conviction proceeding.

(b)

This section does not apply to a person who has been removed from the requirement to register as a sexual offender or sexual predator pursuant to F.S. § 943.04354.

(c)

It is unlawful for any person described in subsection (a) to loiter or prowl within 300 feet of a place where children are congregating.

(1)

Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer or code compliance officer shall, prior to issuance of any civil citation for violation of this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of violating this section if the officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(2)

The location of the safety zone distance shall be measured in a straight line from the location where the children are congregating, for a 300-foot radius. 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.

(d)

It is unlawful for a person described in subsection (a) to knowingly be present in any child care facility or school containing any students in prekindergarten through grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation, if such person fails to:

(1)

Provide written notification of his or her intent to be present to the school board, superintendent principal, or, child care facility owner;

(2)

Notify the child care facility owner or the school principal's office when he or she arrives and departs the child care facility or school; or

(3)

Remain under direct supervision of a school official or designated chaperone when present in the vicinity of children. As used in this paragraph, the term "school official" means a principal, a school resource officer, a teacher or any other employee of the school, the superintendent of schools, a member of the school board, a child care facility owner, or a child care provider.

(e)

A person is not in violation of paragraph (d) if:

(1)

The child care facility or school is a voting location and the person is present for the purpose of voting during the hours designated for voting; or

(2)

The person is only dropping off or picking up his or her own children or grandchildren at the child care facility or school.

(Ord. No. 15-09, § 3(66-63), 4-21-15; Ord. No. 16-16, § 3, 8-9-16)