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Home My WebLink About2005-3485 Ordinance ORDINANCE NO. 2005-3485 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 "DEFINITIONS," 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 MIAMI 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 LOCATED WITHIN 2500 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, SEVERABILITY, 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 find 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 establish policy which provides the maximum protection of the lives and persons in the City of Miami Beach; and, WHEREAS, SS794.065 and 947.1405, Fla. Stat., provide for one thousand (1000) foot residence prohibitions from specified location for certain sexual offenders and sexual predators; and, WHEREAS, S847.0134, Fla. Stat., 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 school, middle school, or secondary school; and, WHEREAS, Article VIII, Section 2(b), Florida Constitution and S166.021, Fla. Stat., 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 MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 70 of the Code of the City of Miami Beach entitled "Miscellaneous Offenses" be amended to read: ARTICLE VI. SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec. 70-400. Findill1~:s and 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 offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this Article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishin~ temporary or permanent residence. Sec.70-401. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Permanent residence" means a place where the person abides, lodges, or resides for 14 or more consecutive days. "Temporarv residence" means a place where the person abides. lodges. or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address. or a place where the person routinely abides. lodges. or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 70-402 Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceutions. (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.. regardless of whether adiudication has been withheld. in which the victim of the offense was less than 16 years of age. to establish a permanent residence or temporary residence within 2500 feet of any school. designated public school bus stoP. day care center. park. playground. or other place where children regularly congregate. (b) For purposes 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 nearest outer property line of a school. designated public school bus stoP. day care center. park. playground. or other place where children regularly congregate. (c) Penalties, A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days. or by both such fine and imprisonment: 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 iail not more than 12 months. or by both such fine and imprisonment. (d) Excevtions. A person residing within 2500 feet of any school. designated public school bus stop. day care center. park. playground. or other place where children regularly congregate does not commit a violation of this section if any of the following apply: (i) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to S~ 775.21. 943.0435 or 944.607. Fla. Stat.. prior to July 1. 2005. (m The person was a minor when he/she committed the offense and was not convicted as an adult. (iii) The person is a minor. (iv) 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 permanent residence or temporary residence and reported and registered the residence pursuant to && 775.21. 943.0435 or 944.607, Fla. Stat. Sec. 70-403. ProDertv Owners Prohibited from Rentine: Real ProDertv to Certain Sexual Offenders and Sexual Predators: Penalties. (a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence of temporary residence pursuant 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 (2500) feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate. (b) A property owner's failure to comply with provisions 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 chapter 30 of this Code, including the provisions of chapter 30 that allow the city to seek relief as otherwise provided by law. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This ordinance shall take effect on the 18th day of June ,2005. PASSED AND ADOPTED this 8th day of June ~ .~' E- 7U~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: A A I Win/II -' 6 - 2--05 -~ Date MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY ~ tfJlUom; 7JeoM F L o R o MEMORANDUM A Telephone: Telecopy: Date: June 8, 2005 Mayor and City Commission ~ Murray Dubbin, City Attorney t>>. !l1.~ Robert Datorre, Assistant City Attorneyvv\~ - Subject: Sex Offender Residence Prohibition Ordinance To: From: (305) 673-7470 (305) 673-7002 Attached, please find the most recent version of the proposed ordinance relating to the residence prohibition for sex offenders. This Ordinance passed on First Reading at the March 18, 2005 Commission Meeting, and was advertised for a public hearing Final Reading for the June 8 Commission Meeting. Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Bea Date RS'A 6- g -oS- ~';'F," .." 10 <0 o o N <6 N >- <( L .,: <( o U1 DO ::0 I I- Isn't it time vou subscribedP ~ht liHiami lieral() €tt~ M'~~ 004586 o -! <( DO w I w I I- ro E o u '0 ~ Q) "' ;i ~ ~ - CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING u: 2 NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, June 8, 2005, to consider the following: :15A.M ' An Ordinance 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 "Definitions," 70-402, Entitled "Sexual Offender And Sexual Predator Residence Prohibition; Penalties; Exceptions," Providing For A Prohibition For Sexual Offenders And Sexuai Predators Convicted Of Crimes Under Certain Florida Statutes From Living Within 2500 Feet Of Specified Locations Within The City Of Miami 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 Located Within 2500 Feet Of Specified Locations, _ . Inquiries may be directed to the City Attorney's Office at (305) 673-7470, 10:30A.M. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Finance Reform" By Amending Code Sections 2-487 "Prohibited Campaign Contributions By Vendors", 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement Issues", 2-489 . "Prohibited Campaign Contributions By Real Estate Developers", And 2-490 "Prohibited Campaign - Contributions By Lobbyists On Real tstate Development Issues", By Adding Language Providing That The 12 Month Period In Which A Prohibited Donor Of A Campaign Contribution is Disqualified From Certain Specified Associations With The City Shall Commence Upon A Final Finding Of Violation, Or If Applicable, Upon Miami Beach City Commission Action On A Waiver Request, And Establishing Effects Of Waiver; Further Amending Code Section 2-487(B), Inquiries may be directed to the City Attorney's Office at (305) 673-7470, 10:35 A.M. An Ordinance Amending Ordinance No. 92-2813, The Defined Contribution Retirement Plan 401 (A), By Amending The Provisions Of Section 1, Article 5, Subsection 5.03 To increase The Maximum Monthly Retirement Disability Benefit To Reflect Annual Cost Of Living Increases. Inquiries may be directed to the Human Resources Department at (305) 673-7520 . 10:40 A.M. An Ordinance Amending Chapter 82, Article V, Division 1, Section 82-438 Of The City Code, Entitled "Prohibiting Wheeled Conveyances On Beachfront Promenade Boardwalk Except Those Required By The Handicapped," To Provide For Certain Exceptions To The Prohibition Of Whe-eled Conveyances On The Boardwalk. Inquiries may be directed to the Police Department at (305) 673-7925 INTERESTED PARTIES are invited to appear at this meeting, or be represented by an l\Qent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1~0 iConvention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of.these ordinance are available for public inspection during normal business hours in the City Clerk's Office, 1700 Co ention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105. Fla. Stat., the City hereby advises the public that: if aperson decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign ianguage interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, ...1.............. .......+.......+ /'lot:\ anA '1ACO 1.....;,.....\ l'Jnc;\ ~7"L 7')1 R ITTV\ fiuo ri~lI~ in ~r1\1l3n,..p tniniti~t" unllr ri:mIlPc:t TTV