Exh 8DAGENDA ITEM #3D
SEPTEMBER 12, 2005
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Sexual Predator/Offender Report
DATE: September 6, 2005
SUBMITTED BY: David E. Thomp oil Chief of Police/DPS
BACKGROUND:
At the June 23, 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 City Staff, including the City Attorney,
was asked to research the matter and provide a draft ordinance for the City Commission's
review.
To that end, a proposed ordinance "...amending Chapter 13 of the Code of Ordinances,
Creating a New Article III, Sexual Offenders and Sexual Predators" has been drafted for
review. Please see attachment #1.
For clarification purposes, several relevant definitions have been included in this report.
Definitions:
A "Sexual Predator" is defined by F.S.S. 775.21 The Florida Sexual Predators Act.
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;
AGIJNDA ITIN1 #8D
SEPTENIBIR 12, 20fl5
Someone found to be a predator or offender, and under supervision in another
state.
BUDGET: None
RECOMMENDATIONS: Staff recommends that the City Commission review the
attached proposed ordinance, and make changes, adjustments, and alterations as desired.
ATTACHMENTS: Proposed Ordinance
REVIEWED BY CITY MANAGER:
ITEM NUMBER:
AGENDA ITEM #8D
SEPTEMBER 12, 2UU5
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES,
CREATING A NEW ARTICLE III, SEXUAL OFFENDERS AND SEXUAL
PREDATORS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commissioners are deeply concerned about numerous
occurrences in the State of Florida and in Duval County whereby convicted sex offenders who have
" been released from custody repeat the unlawful acts for which they had originally been convicted and
incarcerated, and
WHEREAS, the City of Atlantic Beach has long been and continues to be an attractive place
for families and children, especially small children who enjoy our beaches, parks, and other recreation
areas, and
WHEREAS, the City Council of Jacksonville, Duval County, Florida, has recently enacted
Ordinance 2005-629-E establishing residency requirements for sexual predators prohibiting them from
° ' residing within 2,500 feet from certain locations in Duval County (copy of Ordinance 2005-629-E
. , attached), and
° ' WHEREAS, the Mayor and Commissioners of Atlantic Beach desire to establish policy which
.. provides the maximum protection of the lives and persons of those people and children residing in
Atlantic Beach, and
WHEREAS, many children residing in Atlantic Beach attend schools and go to public
libraries, day care centers and parks in the neighboring cities, such as Jacksonville and Neptune Beach,
and
WHEREAS, §§794.065 and 947.1405, F1a.Stat., provide for 1,000 foot residence prohibitions
from specified locations for certain sexual offenders and sexual predators, and
WHEREAS, §847.0134, Fla.Stat., provides that certain adult entertainment venues may not
be located within 2,500 feet of the real property that comprises a public or private elementary school,
` ~ middle school, or secondary school, and
WHEREAS, Article VIII, Sec.2(b} of the Florida Constitution and , §166.02, F1a.Stat.,
provide the City authority to protect the health, safety and welfare ofits residents.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMIIHSSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
$F[ TI[lN t _ The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new article to Chapter 13, Offenses, to be numbered Article III, which article
shall read as follows:
AGENDA ITEM #8D
SEPTEMBER 12, 2005
"Article III. SEXUAL OFFENDERS AND SEXUAL PREDATORS.
"Sec. 161. Sexual predators residency requirement.
(a) It is unlawful for any person who is required by Florida law to register
as a sexual predator to reside within 2,500 feet of any school, public library, licensed
child day care center, park, playgound, or the ocean beach, which are places where
children regularly congegate, whether said locations are in the city Iimits of Atlantic
Beach or in any neighboring city.
(b) A person residing within 2,500 feet of any school, public library,
licensed day. care center, park, playgound, or the ocean beach, which are places where
children regularly congregate, whether said locations are in the city limits of Atlantic
Beach or in any neighboring city, does not commit a violation of this section, provided
that the sexual predator is in full compliance with probation, parole, or conditional
release and does not commit another sexual offense, and was in compliance with the
residency restrictions prior to July 1, 2005, if any of the following apply:
(1) The person established the permanent residence prior to July 1,
2005.
(2) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(3) The person is a minor.
(4) The school, public library, licensed day care center, park, or
playgound, which are places where children regularly congregate, whether said
locations are in the city limits of Atlantic Beach or in any neighboring city, within 2,500
feet of the persons' permanent residence was opened after the person established the
permanent residence.
(c) Any person violating any provision of this section shall be guilty of an
offense punishable as set forth in Sec. 1-11 of the Cade of Ordinances of the City of
Atlantic Beach, Florida."
SFt'T7CiN 2_ This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2005.
PASSED by the City Commission on second and final reading this day of
2005.
AGENDA ITEM #8D
SEPTEMBER 12, 2005
ATTEST:
DONNA BUSSEY, City Clerk
Approved as to form and correctness:
JOHN S. MESERVE
Mayor, Presiding Officer
ALAN C. JENSEN, ESQUIRE
City Attorney