Exh 8EAGENDA ITIrM #SC
JULY 25, 2005
STAFF REPORT
' City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Sexual Predator/Offender Report
DATE: June 23, 2005
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
At the June 13, 2005 City Commission Meeting, concerns were raised relative to Sexual
Predators and Sex Offenders in Atlantic Beach. It was also recognized that some
communities, including Jacksonville, have passed local legislation to address residency
restrictions for predators and/or offenders. The Police Chief was asked to research the
matter and provide a report for the City Commission's review.
Definitions:
A "Sexual Predator" is defined by F.S.S. 775.21 The Florida Sexual Predators Act (See
Attachment 1). Although the definition is not easily interpreted, the easiest way to
determine whether or not someone is a sexual predator is to determine whether or not a
court has specifically identified the individual as such. Essentially, a judge must make a
judicial determination that an individual is a sexual predator.
A "Sex Offender" is defined as someone with a prior conviction, after October 1, 1997,
of one or more of several laws including:
Kidnapping or False Imprisonment of a child under age 13;
Someone with a prior conviction of Sexual Battery or Lewd behavior luring or
enticing child into a building or vehicle;
Sexual Battery;
Lewd and Lascivious behavior; or
Involvement in child pornography including computer pornography;
Someone found to be a predator or offender, and under supervision in another
state.
AGIJNDA ITEM #81r
JULY 25, 2005
Current Status:
.,
Sexual Predators and Sex Offenders are easily found on the Internet under
http://v~nvw3.fdle.state.fl.us/sopu/index.asp?PSessionld=8?4501836& or by going to the
City of Atlantic Beach Web Site under Public Safety. At the bottom of the main page for
Public Safety, there is a link to the Sex Offender Web Site at the Florida Department of
Law Enforcement (FDLE). The page is updated continuously, so the following numbers
may have changed slightly:
Sex Offenders and Predators in local jurisdictions:
City of Atlantic Beach 14
Please note that there are 33 listed, but most do not live within the city limits
City of Neptune Beach 3
City of Jacksonville Beach 19
City of Jacksonville 1523
At the present time, there are no Sexual Predators residing in Atlantic Beach. One is
listed on the FDLE web site, but he no longer lives in Atlantic Beach.
Of the Sex Offenders residing in Atlantic Beach, most offenders were convicted of Lewd
and Lascivious Behavior with a Child.
The Atlantic Beach Police Department has an officer who, in addition to her patrol duties,
is dedicated to assuring that Sex Predators/Offenders in Atlantic Beach are complying
with the requirements of the state statutes. Officer Rene Jackson checks up on all of the
predators and offenders, and she has had a number of them arrested and sent back to
prison.
Other Local Jurisdictions:
Some municipalities have recently passed legislation to limit the residency of certain
predators/offenders relative to schools, day care centers, bus stops, public parks, public
libraries, or places where children regularly congregate.
Jacksonville: The City of Jacksonville passed an ordinance that prohibits anyone
designated as a Sexual Predator "to reside within 2500 feet of any school, public library,
day care center, park, playground, or other place where children regularly congregate."
Please note that this only applies to Sexual Predators, and it does not apply to Sex
Offenders. The Jacksonville Ordinance also has a few other clarifications and provisions,
and it is attached for your review (see attachment 2).
AGENDA ITE1L1 #8E
JULY 25, 2005
Miami Beach: The Miami Beach ordinance sets residency restrictions for people
convicted of sexual battery, lewd/indecent behavior, or child pornography/computer child
pornography from living "within 2500 feet of any school, designated school bus stop,
day care center, park, playground, or other place where children regularly congregate."
The Miami code goes a step further by making it a city code violation for anyone to "let
or rent any place, structure, or part thereof, trailer or other conveyance" to a person
prohibited from establishing residency there. A copy of this ordinance, and the legal
opinion of the Miami Beach City Attorney are attached for review (see attachment 3).
Expressed Concern:
There is some concern for the impact of the Jacksonville ordinance relative to the
surrounding communities. If a sexual predator wants to move to the Jacksonville area,
and he is prohibited from establishing residency in Jacksonville, then he may seek
residency in one of the surrounding communities. As a result, Atlantic Beach and the
other beach cities, could see an increase in the number of sexual predators in their
jurisdictions.
Summary: The purpose of this staff report is not to recommend a specific course of
action. It is intended to provide information that will be helpful to the City Commission
in making decisions relative to this issue.
BUDGET: None
RECOMMENDATIONS: None
ATTACHMENTS: #1 FSS 775.21 (4) Sexual Predator Criteria
#2 City of Jacksonville Ordinance
#3 City of Miami Beach Ordinance and Legal Opinion
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
Statutes & Constitution :View Statutes :Online Sunshine AGENDA ITEM #SE
JULY 25, ?005
41 SEXUAL PREDATOR CRITERIA.--
(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be
designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6)
and community and public notification under subsection (7) if:
1. The felony is:
a. A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01, or s. 787.02,
where the victim is a minor and the defendant is not the victim's parent, or of chapter 794, s. 800.04, or
s. 847.0145, or a violation of a similar law of another jurisdiction; or
b. Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, where the victim
is a minor and the defendant is not the victim's parent; chapter 794, excluding ss. 794.011(10) and
794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071;. or s. 847.0145; or a violation of a similar
law of another jurisdiction, and the offender has previously been convicted of or found to have
committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s.
787.01,, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's
parent; s. 794.01..1.(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 875.1.025; s. 827.07.1; s.
847,0133; s. 847,01.35; or s. 847,0145, or a violation of a similar law of another jurisdiction;
2. The offender has not received a pardon for any felony or similar law of another jurisdiction that is
necessary for the operation of this paragraph; and
3. A conviction of a felony or similar law of another jurisdiction necessary to the operation of this
paragraph has not been set aside in any postconviction proceeding.
(b) In order to be counted as a prior felony for purposes of this subsection, the felony must have
resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately,
prior to the current offense and sentenced or adjudicated separately from any. other felony conviction
that is to be counted as a prior felony. If the offender's prior enumerated felony was committed more
than 10 years before the primary offense, it shall not be considered a prior felony under this subsection
if the offender has not been convicted of any other crime for a period of 10 consecutive years from the
most recent date of release from confinement, supervision, or sanction, whichever is later.
(c) If an offender has been registered as a sexual predator by the Department of Corrections, the
department, or any other law enforcement agency and if:
1. The court did not, for whatever reason, make a written finding at the time of sentencing that the
offender was a sexual predator; or
2. The offender was administratively registered as a sexual predator because the Department of
Corrections, the department, or any other taw enforcement agency obtained information that indicated
that the offender met the criteria for designation as a sexual predator based on a violation of a similar
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 6/23/2005
Statutes & Constitution :View Statutes :Online Sunshine
AGENDA ITEM #SE
JULY 25, 2005
law in another jurisdiction,
the department shall remove that offender from the department's list of sexual predators and, for an
offender described under subparagraph 1., shall notify the state attorney who prosecuted the offense
that met the criteria for administrative designation as a sexual predator, and, for an offender described
under this subparagraph, shall notify the state attorney of the county where the offender establishes or
maintains a permanent or temporary residence. The state attorney shall bring the matter to the court's
attention in order to establish that the offender meets the criteria for designation as a sexual predator.
if the court makes a written finding that the offender is a sexual predator, the offender must be
designated as a sexual predator, must register or be registered as a sexual predator with the
department as provided in subsection (6), and is subject to the community and public notification as
.. provided in subsection (7). If the court does not make a written finding that the offender is a sexual
predator, the offender may not be designated as a sexual predator with respect to that offense and is
not required to register or be registered as a sexual predator with the department.
(d) An offender'who has been determined to be a sexually violent predator pursuant to a civil
commitment proceeding under chapter 394 shall be designated as a "sexual predator" under subsection
(5) and subject to registration under subsection (6) and community and public notification under
subsection (7).
http://www.le~.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 6/23/2005
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AGENDA IT1r1VI #8Tr
~lme :did JULY 25, 2005
.xam~na~a ~, ~.~
Yr.~.rodLCe:d by Coi;ncil. ~t~mb~:r~ L1~.vi~, .k:Lva'tE.z, sr~wn, C1.
eopEl~nd, Cr~r~igan, S~an~~:~.~, Fu~.lwaod, Euss~~l~, Graham, H
Je.Tx}•'«irts, Johnsen, Jca:.~es, .'roc}c¢tt-L'e~.ci~r, Rey, Self, Shat. Yates
the Shex•if~ : •
Q~DY27ai~C`t~ .'~. 0 0 S - C ~ ~ -•E
~P7 OIL IA7r"~P7Ow AP 1'~:QFRZ9.T?~.'3C $ S Q , d U 0 FRQbI
SP.r..~FtIES-QVE;t'I':Ti~'F~ TO :AE :TP.Ci{:;OPTVZLLE
SF~.,RIFF' S DYF=C.r, FOR 'I.'>TE FU'Zpt7SE OF M.~ILT~TG
ADDTTZONAL YUBTrxC NCJTl"FICb1TIc~3J 'z'O Tl:~
P'rGrGh•$t~RS~ L:LiTING WTTx?Sr 1,oao FEET of ~ Sr~tSAI~
PREDATOR TN' I:Z7V~L CUU;I'I":: 3.12~1F.1V'DSNCT CHAPTER n74
(DISASTER P1~Ez~A~EI7NESS} ; C~T2.i7.73~T.liltir'GE COZ?~", TO
CREATE ~ NSW PART 5 SE.{i331L 4r ~'~ i~7ERS P.ND
5EXI7AL PREDATORS Cc?L"Tsrr2+~'~tY PRJTEC'TICNS To
REK,IUI tiE SE::TJA.L P~'.F;Dr~'.~O~'C6 A~1ll EEXiJ.iL aFFr.NDERS
NOTIFX TENLtiOP,3~RY • 82dEIxGENCY • SHELTERS OF TF3ETPti
~l-iESIGNA°X'It]N AN'L~ AT,IiOiJ FQR SPECT.x~.L ' SH'.•~T,T'~i.s
DESSGIv'ATED • FaR TI:~SE I7~'T7.I~•I1~UALS; .ESTABLISHING
. •A R~S~EtdCY 22E~tyIRF7"'.E~TT F~7k . SI~1rtT~ ?REDAT(3R5 •
• AI.~(7W21QG SE~iTA:L PRr"r?.ATORS TO L~ZJ'E ~IC}T CLQSER
• TS3~~ 2500 ~~ET xAQM SFECT_p'xEb• , x,OC~ICINS .12ti
- • Dv'LT,1~L CnUr~-r~; PfiOVxDING AN EFFECTIVE DkTE_
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wsgRgAS, the pcpulatior. of Jac1-.~as,~~*ill~ zs apgrc~ximG~el~t
8~t}, Ooo people; and cf tha; e, I, $~o are sexual •pred~~.ors oz
offenders.,• nt3kzng 1 in every. $~4 Jaclssanvi:Lle re~iden.ts a sexual
predator ar afi'e::.det: ~d ~ ' ' .
w~R~.A~, tl~e rtt.rt~er n~ chil.dx~il :.st• ~'ao.?:^~u•wille hsve izicr+~ased
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Ud- 13t2Ut)5 3fU?~' 11:.8 F:~1.
AGENDA ITEM #8E
Amended JULY 25, 2U05
emended ~~ ~g~ v~ ~
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ever 14- . ~TeB_r5 by 5 a , 0 o t~ ; 'and
' ~ W~R~e1S, Jackaonvill.e has the 6th largest sckzool dictriot in
7=lcrida, with 129, o0a students i:iz 1S0 schools; and
WHLki~S. the City of Jacksonville is deeply conce~ed about
the nume:°cus rc:rent c~ceurrences in our wt~te and elsewherr=, wherebg
convicted se.~ r5ifenders whn have }J~t.'x'. released Pram custody repeat
the urlawr`.~~3 acts foz~ which they hid cricinaZly begirt conv~.cted;
and,
WHEF~S.AS, thtr City finds from the avicience ;he r_ecidi.viszn rate
fox released3 s~ af:2:ielerG i,;~ a~.a'~niugly high, e:3pecially for those
,rho cotrnt-it their C'.?'1.mt°3 au; children; azzd.,
W~REFiS, the City is becamiug an :Increasingly di~'tractive place
of residence for yot:~gc~r farreilies with small children; and,
w~.EAS, the City dashes to eAtablish policy wn;.ch prawides
the maxicm:m protection of the '! J.ves grid 'p~:rsans in ~'aGtsanville;
b..3ri , .
WHEFcEAS, 1rt~.cle VIII, Sectis~n 2 (,h) , Flaride, Can&titu; ion and•
~1G6.021, rla. Stmt. , prnv'idt= the• City aLtharity to prot.cct ache
health, safety 'and• •rrelfare of its •x'es~.dents; n4-~ thez•eftare
' ~E ~~ ox~an~ by the' Corsr~ei~. •o~• thQ City Qf Jacksonvxl'le
s~.ctxan Y. ~ Appropria•tion. ~Faz :fie •ZQtJ4-ZDa fi,~ca1 dear
within 'the ' czty' s' , budget ~' : there" a~'e ~ ' herebx•• app~cpriate3 the'
indicated', :,ut'tt Es) •, from the• ~accciu~at (63 ' 1.~.sted •• in • subs'ect3cn • (a~) to,
tre acCC~uiit ts) listed in subsection Eb)~:
Ea) Apprapzidted =ran: .
JXT~SAOIIJESII-QIa01 $50, aaa
Eb) Aopropziated •to :: • •• • • _• ••
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• Ameizded 3ULY 25, 2005
:Amended 5/24/05 '
5ectiUn 2. p-i~+ase. The pvrpcse of ~fe appz'oprxation xn
See:Licn 1 is tcx Ena2ale . increased neiglv-orhaod natificatian of
Se`Gtt"cli prP_datct5re.SZdi71g in I~uVa~. ~Count~r to all neig'.zbors residing
within 1.n0o Eeet of rh:: sexual predatar.
5eat~.on 3. Chapter 574 (Disaster ?'repaxedneswy , O_di_uance
Cade, is hereby~am~nded to create a. near part 5 to read as fellows:
CSAS+TBR s7~3. I3xSAST~;;i PRE1?ARBI7MZ:ss.
x,r*
PART 5 _ PRaTECT2VE MEASVR$S AGA:tNS, SFXD'AL nFFgNDE~LS A~ 5FXIIAL,
• ~ •
PREnATORS
Sec. 674.501.. Teacpcrary Emergency Sheltazs; 3arual psec3ators
and vffendexs uotificatioTx requ3raments. I
(a} For the purpose 4f '~hi:s section "tempora:c:'~' sheltex" is
dcfinec3 a5 an;~ public ' or pT•i:v-ate building or facility w'rzich is
r~xfered to i.r~c3.i,viduals and familieA who are homeless or who
evacuate their hnmes or a hol;el, motel, o:.° ether place of tempr~rarv
residence as a xesu?t of any atorrn, flQOd, hurricane, tcrnada,
E'X~710sian, fine, ar other incident of any nature as & .place to
reside, zest, sleep, or eat.
(b} Any person who f5 ,rec~uircrl by Florida X3w to register as
a sexual predatar c~c• steal offender :.at:d'.whn utilizes ~or intenda :to .
utilize s. temporary , shelt~az ,pzw~.der:~ by , .dry. public .qr .private
entity ,and established `as a resu~.t ,of any emergency a= incident • o~c
threate nc;d emergency. ar irtcS.dent shah., i~mmediatel.y upon enter:.ng
the sheltex, nr~tify the ~idividual Qr individuals operatz,rig the
sheltex that he or she is a•x'egxstered sexual predate= or sexual.
offender. the sexual, predat:4r o= sexual offender shall be assigned
to•a temporary shelter specifically deeignated. far use by sexual
predators and sexual, atfend~s.
{c} The Sha,iff may designate a public building or a fail o=
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• AGENDA
Amended JULY:
• Amended ~~ ems! ~:,
after correctiaziaZ :Eac~.J,i.ty a: a temporary W3xeltez Mo .b` tztiZi fed
ay sexual predators and sa~za.Z aff~nders.
(d) Failure of a s~udl psedatar or' sexuaX oi~fen.der to make
zu:tificativzz aS : equireci in section 'b. ~1:aZ1. Constitute a Class D
azfencL_ .
Spa. rS"T~:.502 S~~zual grsri~tors lZasideacy Rrequirarnr3.ut:~.
(a) It is tua3awful tor' • any p4rs~zt who .i.s rnqui-red by'
rla,;ica law to xeg~.ster as a ;~extta7. pr~da.tcr to i'cazde Within.
2,500 feet of any' schoc~i , ptzbl.ic la.~.:xar),r, rlay cmre center, paxk,
pZa}~ground, or other place wherta chi7.uren regularly congregate.
ib) ~,, person r>/siding within 25oD feest of ar:y echoal,
rnzbl:ic library. day care ceatrr, park. p~.ayground, ax other
placca where Ctzi~.d:ren regularly eanc~•--regara' do~is not coaaci:it a
viol,rit.i.on of th~.:~ se>'tion, pr+~vided that the s+'~~cilv.l preds.tor i::
•ir~ ft~1~ compliance ~~rith pxebation, garoi e, or ccnrl~.tit~nal
release and does noz coc)ttR1t anathe~s sexual offense, 'z~Ttd was izx
compliance w~,th 'ehe re.~~.dencv re:~trictions prior ~o Jul~r 2,
2005, if any of the fallowing appl}~:
(1) The person established tha pexznane:n:t residence pzioz'
'ttr: July Z, ZflE}5. ~ ~ ~~ -
• (2) ~ The pe:r:~on was a • minor whin hm/she • ccmm~.t~.ec3 the
off~e ani3 ~~-as ~n~t o4nvi cted' as an adult_ • ' ~ .
' ~ '(3 } ~ Elie • pexacn is a it}~,z~ar. ~ . ' .' .' : , •
• (4) ;The school, public 1.~.braxy• ar day cwre ceatier
within Z5D0 faet.••of 1:he per alas' ;gextnaneII~ residence ways opened
after the person ec.tab3.igh~:d the pC~manent residence.
(c) A person who 'wial8tr~s Hubsect~.cn (a) eha.~.l be guilty
.of s class D, otf~nc~•. .. .
Section 4. 3everaba.lit-~+r. It any' secti.orY, s~iYaaection or
prc~vi~ion rJg thiM Qyd~.nancr i.~ h~:ld inv'al:ir~, the zemsinder shall
ITEM #8E
:5, 2005
.'
~.
' :f
~b -
Od: 13; .Gq5 ~[q:~ 11:1U Fdl
ORDINANCE ZnDS•b?9-E
,, CERTIFICA~'E OE ~LUTI~ENTICAT'ION
DECi.AILED AN Eh~GF..ItTCY MF~~SURE ANI~
ENAC~D BY TI3E COUNCIL
MAY 24, 2DQS
~~C.~.c..~-, .
EI-AINE BROWN -
' COUNCIL ~'~S7DZ;N:T
A'ITES7':
~t~t,v1..~„_
C~RYL L..BRO~N ,,~~ //''
. CQUNCIL SI~CRETARY ----~---. "~'°~'t
• ~'C)HN P ON, MAYOR
--- AGENDA ITElYI #8E
JULY 2S, 2005
• '~
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• ••5••••••• ~'•• ~• '• 'j1 •.~••,, ,'•' • • ~.•• .•'.1 , • •
AGENDA ITEM #8E
JULY 25, 2005
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED
"MISCELLANEOUS OFFENSES," TO CREATE ARTICLE
VI, TO BE ENTITLED "SEXUAL OFFENDERS AND
SEXUAL PREDATORS" AND CREATING SECTIONS 70-
400, ENTITLED "FINDINGS AND INTENT," 70-401,
ENTITLED "DEFII~IITIONS," 70-402, ENTITLED "SEXUAL
OFFENDER AND SEXUAL PREDATOR RESIDENCE
PROHIBITION; PENALTIES; EXCEPTIONS,"
PROVIDING FOR A PROHIBITION FOR SEXUAL
OFFENDERS AND SEXUAL PREDATORS CONVICTED
OF CRIMES UNDER CERTAIN FLORIDA STATUTES
FROM LIVING WITHIN 2500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF NIIAMI BEACH AND
CREATING SECTION 70-403, ENTITLED "PROPERTY
OWNERS PROHIBITED FROM RENTING REAL
PROPERTY TO CERTAIN SEXUAL OFFENDERS AND
SEXUAL PREDATORS; PENALTIES," PROHIBITING
OWNERS OF REAL • PROPERTY FROM RENTING OR
LEASING ANY PLACE, STRUCTURE, OR PART
THEREOF; TRAILER OR OTHER CONVEYANCE
LgCATED WITHIN 2580 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF MIAMI BEACH TO
SEXUAL OFFENDERS AND SEXUAL PREDATORS
CONVICTED OF CRIMES UNDER CERTAIN FLORIDA
STATUTES; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILTTY, AND AN EFFECTIVE
DATE.
WHEREAS, the .Mayor and City Commission of the City of Miami Beach are 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 Mayor and City Commission of the City of Miami Beach fund from the
evidence the recidivism rate for released sex offenders is alarmingly high, especially for those
who commit their crimes on children; and,
WHEREAS, the City is becoming an increasingly attractive place of residence for
younger families with small children; and,
WHEREAS, the Mayor and City Commission of the City of Miami Beach desire to
253
AGENDA ITCM #8C
JULY 25, 2005
establish policy which provides the maximum protection of the lives and persons in the City of
Miami Beach; and,
WHEREAS, §§794.Ob5 and 947.1405, Fla. Stet., provide for one thousand {1000) foot
residence prohibitions from specified location for certain sexual offenders and sexual predators;
and,
WHEREAS, §847.0134, Fla. Stet., provides that certain adult entertainment venues may
not be located within two thousand five hundred (2,500) feet of the real property that comprises a
public or private elementary schoal, middle school, or secondary school; and,
WHEREAS, Article VIII, Section 2{b), Florida Constitution and § 16b.021, FIa. Stet.,
provide the City authority to protect the health, safety and welfare of its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIANII BEACH, FLORIDA:
SEC'T'ION 1. That Chapter 70 of the Coda of the City of Miami Beach entitled "Miscellaneous
Offenses" be amended to read:
ARTICLE VI. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 70-400. Findings xnd Intent.
~a) 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 offeaders are extremely likely to use physical violence and to repeat
then offenses and most sexual offenders commit menu offenses have menu more
victims are ever reoorte and aze prosecuted for only a fraction of their crimes This
makes the cost of sexual offender victimization to society at lazge while incalculable,
cleazly exorbitant.
fib) It is the intent of this Article to serve the city's compelling interest to promote protect
and approve the health, safety and welfare of the citizens of the City by creatin azeas
around locations where children rerrularly contrreQate in concentrated numbers wherein
c_e~n sex offenders and sexual predators are prohibited from estabhishing_temporary
or permanent residence
Sec. 70-401. Definitions.
The followinrz words terms and phrases when used in this article shall have the meaning
ascnbed to them in this section except where the context clearly indicates a different meaning
" ermanent residence" means a place where the person abides lodges or resides for 14 or more
consecutive days.
. . _ . 254
AGENDA ITEM #8E
JULY 25, 2005
"Temporary residence" means a place where the person abides lodes or resides for a period of
14 or more days in the aggregate durin,~any calendar veaz and which is not Lhe person's
permanent address or a place where the person routinely abides lodges or resides for a period
Sec. 70-402 Sexual Offender and Sexual Predator Residence Prohibition;__ Penalties:
~xcentions.
(a) 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.. reuardless of whether adjudication has been withheld in
wtuch the vrctun of the offense was Iess~ than 16 years of age to establish a permanent
residence or temporary residence within 2500 feet of anY school desi ated ,public
sc ool bus stow. day caze center ~k playground or other place where children
re azly congLeg~te
(b) For nurooses 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 neazest outer property line of a school designated
n~bltc school bus stop. day care center pazk playground or other place where children
regularl~congre ate. _
(cl Penalties. A person who violates this section shall be punished by a fwe not exceeding
500.00 or by rmpnsonment for a term not exceeding 60 days or by both such fine and
rmnnsonment: for a second or subsequent conviction of a violation of this section, such
person shall be punished by a fine not to exceed $1 000 00 or imprisonment in the county
tail not more than 12 months or by both such fine and imprisonment
(d) Exceptionrs. A person residing Within 2500 feet of any school designated t~ublic school
bus stop, day care center park playgoound or other place where children regularly
congregate does not comm-t a vroIatson of this section if any of the followin avply
(i) 'The person established the permanent residence or temporary residence and
reporte and registered the residence pursuant to §& 775 2I 943 0435 or 944 607
Fla. Stat.. pr-or to July 1 2005
(ii) The person was a minor when he/she conuniried the offense and was not
convicted as an adult.
(iii) The person is a minor
(ivl 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
255
AGENDA ITEM #8E
~, JULY 25, 2005
.,
permanent residence or temporary residence and reported and registered the
residencepursuant to $& 775.21, 943.0435 or 944.607, Fla. Stat.
Sec. 70-403, Property Owners Prohibited from Renting Real Property to Certain Sezual
Offenders $nd Sezual Predators; Penalties.
dal It is unlawful to let or rent any place, structure, or part thereof, trailer or other
cor~v_evance, with the knowledge that it will be used as a permanent residence or
temporary residence b~ any person- prohibited from establishing such permanent
residence of temporary residence gursuant to s. 70-402 of this Code, if such place,
structure. or part thereof, trailer or other conveyance, is located within two thousand five
hundred !25001 feet of any school, designated public school bus stop, daY Gaze center,
park, playground, or other place where children regularly con gate.
(b1 A property owner's failure to comply with urovisions of this section shall constitute a
violation of this section. and shall subiect the property owner to the code enforcement
provisions and ,procedures as provided in ch4pter 30 of this Code. includingthe
provisions of chapter 30 that allow the city to seek relief as otherwise provided bylaw.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby regealed.
SECTION 3. SEVERABILITY
If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not
be affected by such invalidity.
SECTION 4. CODIFICATION
• It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may he changed to "section,"
"article," or other appropriate word.
SECTION S. EFFECTIVE DATE
This ordinance shall take effect on the day of , 2005.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2005.
MAYOR
APPROVED AS TO
FORM 8t LANGUAGE
& FOR EXECUTION:
tY Uomry~ Date
256
AGIrNDA ITIrM #3E
JULY 25, 2005
OFFICE OF THE CITY ATTORtJ[:Y
• • ~`~~
_~
F L O R i 4 A
r`*~~ 's
MURRAY H. DUBBIN ~""`°"`
City Attoruey ~ n"~~
MEMORANDUM
Telephone: {305) 673-7470
Telecopy: (305) 673-7002
To: Mayor and City Commission tt Date: June S, 2005
From: Murray Dubbin, City Attorney / ~ "1
Robert Datorre, Assistant City AttorneyV;
Subject: Sexual Offender and Sexual Predator Residence Prohibition Urdinance
Recent events in Florida, and elsewhere in the United States, have highlighted the danger
convicted sexual offenders and sexual predators face to our children. Eazlier this year, in Citrus
County, Florida, Jessica Lunsford was abducted, sexually assaulted and murdered by registered
sexual offender Jahn Couey, Additionally, reports of abduction attempts of children as they walk
to, or from, school have increased the need for additional measures to protect children in areas
when they regularly congregate, such as schools, parks and playgrounds. Between January 1,
2002 and May 6, 2005, the City Police Department's Special Victims Squad investigated 73
cases of criminal sexual activity against juveniles, 33 of which were cleared by arrest.
FLORIDA LEGISLATION
Sections 775.21, 943.0435 or 944.607 Fla. Stat. provide registration requirements for convicted
Sexual Offenders and Sexual Predators. Section 947.1405, Fla. 5tat., provides a convicted sexual
offender or sexual predator under conditional release is prohibited from living within 1000 ft. of
school, day care center, park, playground, designated public school bus stop, or other place
where children regularly congregate if the victim was under 18. Additionally, §794.065, Fla.
Stat. provides it is unlawful for any person who has been convicted of a violation of §§ 794.011,
800.04, 827.071, or 847.0145, in which the victim was Iess than 16, to reside within 1,000 feet of
any school, day care center, park, or playground.
While these laws provide a great means of protection for children while they are at those
locations, sexual offenders convicted for offenses which occurred after October 1, 2004 and who
are not under conditional release are not subject to any residence restriction. The proposed
Ordinance would provide for a prohibition for sexual offenders and sexual predators convicted of
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
AGENDA ITEM #8E
JULY 25, 2005
a violation of §§ 794.011, 800.04, 827.071, or 847.0145, in which the victim was less than 16,
from establishing a residence within 2500 feet of any school, day care center, park, playground,
designated public school bus stop, or other place where children regularly congregate, regardless
of the date of offense or enrollment in the conditional release program.
RECIDIVISM
The proposed Ordinance seeks to reduce the opportunity for sexual offenders and sexual
predators to be in contact with children, hopefully, in turn, reducing or eliminating offenses on
children in and around these locations. It is undisputed
the identification of risk factors that may be associated with
recidivism of sex offenders can aid practitioners in devising
management strategies that best protect the community and reduce
the likelihood of further victimization. It is crucial to keep in mind,
however, that there are no absolutes or `magic bullets' in the
process of identifying these risk factors. Rather, this process is an
exercise in isolating factors that tend to be associated with specific
behaviors.l
Certainly, the proximity of sexual offenders and sexual predators who prey on children to areas
where children congregate in larger numbers is a factor that tends to be associated with criminal
behavior. ~ .
By reducing the contact sexual offenders and sexual predators who prey on children have with
their potential victims, the Ordinance seeks to reduce, if not eliminate, recidivism of these
offenses by the persons already identified by a previous conviction of committing these crimes
on persons under 16 years of age. Reducing recidivism of any criminal behavior is important,
however, "the prevention of sexual violence is particularly important, given the irrefutable harm
that these offenses cause victims and the fear they generate in the community."Z
There are many operational definitions far "recidivism" in the criminal context, including new
arrest, new conviction, or new commitment to custody, While these measures are helpful in
.. identifying the probability of reoffenses, they fail to take into account any unreported crimes.
Unlike many other crimes, "for a variety of reasons, sexual assault is a vastly underreported
crime." 3 In fact, the National Crime Victimization Surveys conducted in 1994, 1995 and 1998 by
the Bureau of Justice Statistics, indicted sixty-eight percent (b8%) of sexual assaults against
persons 12 or older are not reported to law enfarcement.4Several studies support this conclusion.
. One 1990 study compared off:vial records of a sample of sexual offenders with "unofficial"
sources of information. In this study, W.L. Marshall and H.E. Barnabee discovered the number
of reoffenses revealed from the "unofficial" sources was 2.4 times higher than the numbers in the
. official reports.s Another study, generated by conducting polygraph examinations on a sample of
imprisoned offenders with, on average, fewer than 2 known victims, revealed these offenders
actually had an average of Il0 victims and 318 nffenses.6 Finally, a third study, conducted with
.. the aid of polygraph examinations, found imprisoned sexual offenders had an extensive criminal
2
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33138
AGENDA ITCM #8E
JULY 25, 2005
history, committing sex crimes for an average of 16 years before being caught. Although no
' curre:~t studies indicate the rate of reporting for child sexual assaults, it is generally assumed the
assaults are equally underreported.g
Even studies using rearrests for subsequent reported crimes discovered alarmingly high rates of
recidivism, especially over longer periods of time. One 1997 study found the recidivism rate for
child molesters over a 25 year period was 52%.9 A 1998 study directed at extra-familial
offenders (convicted of sex offenses involving victims under lb years of age) with afoot-year
follow up period found a 43% recidivism rate.10 And a 1991 study, also on extra-familial child
molesters, with a 6 year average follow up, found 31 % had been reconvicted of a second
offense.' 1
COURT DECISIONS
Laws providing residence restrictions for convicted sexual offenders and sexual predators have
been upheld against constitutional attacks. See, Doe v. Miller, 405 F.3`d 700 (8th Cir. 2005);
People v. Leroy, 2005 WL 880969, Case No. 5-03-0333 (Ill. S'h DCA, April 12, 2005); Mann v.
State, 603 S.E.2d 283 (Ga. 2004); Thompson a State, 603 S.E.Z"'~ 233 (Ga. 2004).
In Doe v. Miller, the U.S. Eight Circuit Court of Appeals stated that no fundamental right was
affected an Iowa Statute prohibiting certain convicted sexual offenders from living within 2000
feet of specified location, and applied a "rational basis" test in reviewing the statute. In its
written ruling, the court stated ~~
Sex offenders have a high rate of recidivism, and the parties
presented expert .testimony that reducing opportunity and
temptation is important to minimizing the risk of reoffense.... One
expert in the district court opined that it is just "common sense"
that limiting the frequency of contact between sex offenders and
areas where children are located is likely to reduce the risk of an
offense. The policymakers of Iowa are entitled to employ such
"common sense," and we are not persuaded that the means selected
to pursue the State's legitimate interest are without rational basis.lZ
Similarly, the Miami Beach City Commission is entitled to employ "common sense" in addition
to reviewing the recidivism statistics and legal decisions in other jurisdictions to support the
approval of this Ordinance.
The 8`h Circuit Court also reviewed the testimony and evidence presented by the plaintiffs and
defendants regarding the potential effectiveness of residence prohibitions in preventing offenses
against minors. The State's evidence, presented through Dudley Allison, a parole and probation
officer specializing in sex offender supervision, "described the process of treating sex offenders
and his efforts at preventing recidivism by identifying the triggers for the original offense, and
then imposing restrictions an the residences or activities of the offender.s13 Mr. Allison testified
"restrictions on the proximity of sex offenders to schools or other facilities that might create
temptation to reoffered arc one way to minimize the risk of recidivism.s14 Mr. Allison further
testified there is "a legitimate public safety concern" in where unsupervised sex offenders
3
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
AGENDA ITUM #81J
JULY 25, 2005
xeside."'s
.t .,
r
Additional evidence presented by the State though the transcript of hearing testimony by Dr.
William McEchron, a psychologist with a general practice that includes sex offender patients,
provided "the `biggest risk is what's going on inside the individual,' but reducing the opportunity
and the temptation to reoffend is extremely important to treatment. [Dr. McEchron] explained
that because there are `very high rates of re-offense for sex offenders who had offended against
children,' he believed it would be appropriate to restrict places where sex offenders might come
into contact with children.16
The plaintiffs' expert, Dr. Luis Rosell, a psychologist with experience in sex offender treatment,
also provided "reducing a specific sex offender's access to children was a good idea, and that `if
you remove the opportunity, then the likelihood of reoffense is decreased. "' I~
CONCLUSION
Several states, including Alabama, Arkansas, California, Florida (see above), Georgia, Illinois,
Kentucky, Louisiana, Ohio, Oklahoma, Oregon and Tennessee have enacted legislation created
areas where convicted sexual offenders and sexual predators are prohibited from residing. While
it may not be possible to provide an exact measure on the number of offenses the proposed
Ordinance will prevent, it is certainly a measure that will be helpful in reducing contact between
sexual offenders and sexual predators and the children on whom they prey. There ~is no "magic
bullet" in reducing or preventing recidivism, but the City may, in seeking to protect the public
health safety and welfaze, enact legislation to further these efforts.
4
OFFICE OF THE CITY ATTORNEY • 170Q CONVENTION CENTER DRIVE - MIAMI BEACN, FLORIDA 33138
AGIJNDA ITIJNI #81;
JULY 25, 2005
., ,^
' "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2001.
21d.
la
41d
s See, "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2001, citing Marshall, W.L. &
Barnabee, H.E. (1990), "Outcomes of comprehensive cognitive behavioral treatment programs." From W.L.
Marshall, D.R. Laws, and H.E. Barnabee (Eds.} Handbook of sexual assault: Issues, theories, and treatment of the
offender (pages 363-385). New York: Plenum.
e See, "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2001, citing, Ahlmeyer, S., Heil,
' P., McKee, B., and English, K. (2000). The impact of polygraph on admissions of victims and offenses in adult
sexual offenders. Sexual Abuse: A Journal of Research and 7~eatment, l2(Z), I23-138.
~ See, "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2041, citing, Ahlmeyer, S.,
" English, K and Simons, D. (1999). The impact ofpolygraph on admissions ojcrassover ~endingbehavior in adult
sexual ofj"enders. Presentation at the Association for the Treatment of Sexual Abusers 18 Annual Research and
'Treatment Conference, Lake Buena Vista, FL.
a "Recidivism of Sex Offenders," Center for Sex Offender Management, May 2401.
9 See, "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2001, citing, Prentky, R., Lee, A.,
Knight, R., 8t Ceree, D. (1997). Recidivism rates among child molesters and rapists: A methodological analysis.
Law and Kuman Behavior, 21, 635-659. '
• 10 See, "Recidivism of Sex Offenders", Center far Sex Offender Management, May 2001, citin& Barbaree, H.E. 8c
Marshall, W.L. (1988).Deviant sexual arousal, offense history, and demographic variables as predictors of reoffense
' among child molesters. Behavioral Sciences and the Law, 6 (2), 267-280.
• ~ 'I See, "Recidivism of Sex Offenders", Center for Sex Offender Management, May 2001, citing Rice, M,E.,
• Quinsey, V,L., & Harris, G.T. (1991}. Sexual recidivism among child molesters released from a maximum security
institution. Journal of Consulting and Clinical Psychology, S9, 381-386.
'Z Doev. Miller,~405 F.3`d 704, 716 (8`h Cir. 2005) '
11 Id at 707.
14 Id
is Id
'6 Id.
" Id,
OFFICE OF THE CITY ATTORNEY • 17110 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIQA 33139