HomeMy WebLinkAbout2006-3541 Ordinance
ORDINANCE NO. 2006-3541
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," BY AMENDING
ARTICLE VI ENTITLED "SEXUAL OFFENDERS AND SEXUAL
PREDA TORS," BY AMENDING SECTION 70-40, ENTITLED
"DEFINITIONS" BY PROVIDING DEFINITIONS FOR SEXUAL
OFFENDERS AND SEXUAL PREDATORS, BY AMENDING
SECTION 70-402, ENTITLED "SEXUAL OFFENDER AND
SEXUAL PREDATOR RESIDENCE PROHIBITION; PENALTIES;
EXCEPTIONS," BY PROVIDING A PROHIBITION FOR SEXUAL
OFFENDERS AND SEXUAL PREDATORS FROM LIVING
WITHIN 2500 FEET OF SPECIFIED LOCATIONS WITHIN THE
CITY OF MIAMI BEACH WHO ARE REQUIRED TO REGISTER
AS A SEXUAL OFFENDER OR A SEXUAL PREDATOR WITH
THE STATE OF FLORIDA DEPARTMENT OF LAW
ENFORCEMENT (FDLE); BY AMENDING SECTION 70-404,
ENTITLED "ADDITIONAL RESTRICTIONS" BY PROVIDING
THAT PERSONS WHO ARE EITHER CONVICTED OF CERTAIN
VIOLA TIONS IN WHICH THE VICTIM WAS LESS THAN 16
YEARS OF AGE, REGARDLESS OF WHETHER ADJUDICATION
WAS WITHHELD, OR ARE REQUIRED TO REGISTER AS
SEXUAL OFFENDERS OR SEXUAL PREDATORS WITH THE
FDLE ARE PROHIBITED FROM KNOWINGL Y BEING
PRESENT IN A COUNTY OR MUNICIPAL PARK AND
PROVIDING SIGNAGE NOTIFICATION OF THE PROHIBITION;
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, the Miami-Dade County Sexual Offender and Sexual Predator Ordinance,
set forth in Sections 21-278 through 21-284 of the Miami-Dade County Code, sets forth various
provisions that protect the citizens of the County, and particularly children, by prohibiting sexual
predators and sexual offenders from establishing residences in certain areas where children are
known to congregate and having access to parks and child care facilities under certain
circumstances; and
WHEREAS, the City of Miami Beach has adopted its own sexual offender and sexual
offender regulations in Article VI of Chapter 70 of the Miami Beach City Code; and
WHEREAS, pursuant to Resolution 2006-26103, the City of Miami Beach availed itself
of the opt-out provision of the County's Sexual Offender and Sexual Predator Ordinance so that
where the provisions of the County Ordinance are more restrictive, the County Ordinance would
apply and, in instances where the provisions in the City's Ordinance are more restrictive, the
City's Ordinance would apply; and
WHEREAS, Article VIII, Section 2(b), Florida Constitution and 9166.021, Fla. Stat.,
provide the City with authority to protect the health, safety and welfare of its residents; and
WHEREAS, in order to ensure the meaningful implementation of laws relative to the
distance requirements for the residences of sexual predators and offenders and their prohibited
presence in county or municipal parks, whether convicted under the laws of State of Florida or
another jurisdiction, the following amendments are proposed.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Article VI entitled "Sexual Offenders and Sexual Predators" of Chapter 70
entitled "Miscellaneous Offenses" of the Code of the City of Miami Beach be amended to read:
ARTICLE VI. SEXUAL OFFENDERS AND SEXUAL PREDATORS
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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:
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Sexual Offender shall have the meaning ascribed to such term in Section 943.0435, Florida
Statutes.
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Sexual Predator shall have the meaning ascribed to such term in Section 775.21(4)(a), Florida
Statutes.
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Sec. 70-402. Sexual offender and sexual predator residence prohibition; penalties;
exceptions.
(a) Prohibited location of residence. It is unlawful for any person who D has been convicted
of a violation of F.S. Ss. 794.011, 800.04, 827.071, or 847.0145, regardless of whether
adjudication has been withheld, in which the victim of the offense was less than 16 years of age,
or ii) is required to register as a sexual offender or sexual predator with the State of Florida
Department of Law Enforcement due to an offense where the victim was less than 16 years of
~ to establish a permanent residence or temporary residence within 2,500 feet of any school,
designated public school bus stop, day care center, park, playground, or other place where
children regularly congregate.
(b) Measurement of distance. 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 jail not more
than 12 months, or by both such fine and imprisonment.
(d) Exceptions. A person residing within 2,500 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:
(1) For persons subiect to Sec. 70-402(a)(i), the person established the permanent
residence or temporary residence and reported and registered the residence pursuant to
F.S. Ss. 775.21, 943.0435 or 944.607, prior to July 1, 2005; for persons only subiect to
Sec. 70-402(a)(ii), the person established a permanent residence or temporary residence
and reported and registered the residence pursuant to F.S. ~~ 775.21, 943.0435, or
944.607 prior to November 18, 2006.
(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, designated public school bus stop or day care center within 2,500 feet
of the persons permanent residence was opened after the person established the
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permanent residence or temporary residence and reported and registered the residence
pursuant to F.S. Ss. 775.21,943.0435 or 944.607.
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Sec. 70-404. Additional restrictions.
(a) It is unlawful for persons who D. have been convicted of a violation of F.S.
SS794.011, 800.04, 827.011 or 847.0145, regardless of whether adiudication has been
withheld, in which the victim of the offense was less than 16 years of age or ii) are
required to register as a sexual offender or sexual predator with the State of Florida
Department of Law Enforcement to knowingly be present in a county or municipal park,
when a child under the age of 16 years is present, unless the sexual offender or sexual
predator is the parent or legal guardian of a child present in the park.
(b) Signage at the entrance of a county and municipal parks shall include notification
that a person D. convicted of a violation ofF.S. SS 794.011, 800.04, 827.011 or 847.0145,
regardless of whether adiudication has been withheld, in which the victim of the offense
was less than 16 years of age or ii) required to register as a sexual offender or sexual
predator with the State of Florida Department of Law Enforcement shall not be present in
a park when a child under the age of 16 years is present, unless said convicted person is
the parent or legal guardian of a child present in the park.
(c) It is unlawful for such convicted person to knowingly enter or remain in a child
care facility ("facility") or on its premises unless said person:
(1) Is dropping off or picking up a child registered at the facility and is the
parent or legal guardian of said child and
(2) Remains under the supervision of a facility supervIsor or his or her
designee while on the facility premises.
(d) Penalties. A person who violates section 70-404(a) or (c) herein shall be punished
by a fine not to exceed $500.00 or imprisonment in the county jail for not more than 60
days, or by both such fine and imprisonment. A person who is convicted of a second or
subsequent violation of section 70-404( a) or (c) herein shall be punished by a fine not to
exceed $1,000.00 or imprisonment in the county jail for not more than 364 days, or by
both such fine and imprisonment.
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.
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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 re-
lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
PASSED and ADOPTED this ~ day of December
,2006.
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This Ordinance shall take effect on the 16thdayof Decembkr
.
I
, 2006.
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V MAYOR
David Dermer
ATTEST:
CITY CLERK
Robert Parcher
APPROVED ~ TO
fORM & lANGUAGE
& FOR fXECU1'ION
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F:latto\ TURN\O RD INANC\Sexual Predators .doc
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: CITY ATTORNEY JOSE SMIT
DATE: DECEMBER 6, 2006
SUBJECT: 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,"
BY AMENDING ARTICLE VI ENTITLED "SEXUAL OFFENDERS AND
SEXUAL PREDATORS," BY AMENDING SECTION 70-40, ENTITLED
"DEFINITIONS" BY PROVIDING DEFINITIONS FOR SEXUAL OFFENDERS
AND SEXUAL PREDATORS, BY AMENDING SECTION 70-402, ENTITLED
"SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE
PROHIBITION; PENALTIES; EXCEPTIONS," BY PROVIDING A
PROHIBITION FOR SEXUAL OFFENDERS AND SEXUAL PREDATORS
FROM LIVING WITHIN 2500 FEET OF SPECIFIED LOCATIONS WITHIN
THE CITY OF MIAMI BEACH WHO ARE REQUIRED TO REGISTER AS A
SEXUAL OFFENDER OR A SEXUAL PREDATOR WITH THE STATE OF
FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE); BY
AMENDING SECTION 70-404, ENTITLED "ADDITIONAL RESTRICTIONS"
BY PROVIDING THAT PERSONS WHO ARE EITHER CONVICTED OF
CERTAIN VIOLATIONS IN WHICH THE VICTIM WAS LESS THAN 16
YEARS OF AGE, REGARDLESS OF WHETHER ADJUDICATION WAS
WITHHELD, OR ARE REQUIRED TO REGISTER AS SEXUAL OFFENDERS
OR SEXUAL PREDATORS WITH THE FDLE ARE PROHIBITED FROM
KNOWINGLY BEING PRESENT IN A COUNTY OR MUNICIP AL P ARK AND
PROVIDING SIGNAGE NOTIFICATION OF THE PROHIBITION;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Richard L. Steinberg, the above-referenced Ordinance is
submitted for consideration for Second Reading by the Mayor and City Commission on the December 6,
2006 City Commission meeting. On October 11, 2006, the City Commission approved this proposed
legislation on First Reading.
F:\atto\TURN\COMMMEMO\SexualOffenders 12-6.doc
Agenda Item
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
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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, December 6, 2006,
to consider the following:
10:15 a.m.
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article
VI Entitled "Sexual Offenders And Sexual Predators," By Amending Section 70-40, Entitled "Definitions" By Providing Definitions For
Sexual Offenders And Sexual Predators, By Amending Section 70-402, Entitled "Sexual Offender And Sexual Predator Residence
Prohibition; Penalties; Exceptions," By Providing A Prohibition For Sexual Offenders And Sexual Predators From Living Within 2500 Feet
Of Specified locations Within The City Of Miami Beach Who Are Required To Register As A Sexual Offender Or A Sexual Predator With
The State Of Florida Department Of law Enforcement (FDlE); By Amending Section 70-404, Entitled "Additional Restrictions"By
Providing That Persons Who Are Either Convicted Of Certain Violations In Which The Victim Was less Than 16 Years Of Age, Regardless
Of Whether Adjudication WasWithheld, Or Are Required To Register As Sexual Offenders Or Sexual Predators With The FDlE Are
Prohibited From Knowingly Being Present In A County Or Municipal Park And Providing Signage Notification Of The Prohibition.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
10:20 a.m.
An Ordinance Amending Ordinance No. 1335, The Classified Employee's leave Ordinance, By Amending The Provisions For
Accumulation And Payment Of Annual And Sick leave For The Fraternal Order Of Police (FOP).
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:25 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Sections 2-21 And 2-22 Thereof Regarding General Requirements
For Membership On City Of Miami Beach's Agencies, Boards And Committees, By Changing Term Limits For At-large Members And
Providing For Automatic Expiration Of Direct Appointments In Certain Instances.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Finance Reform," Sections
2-487 "Prohibited Campaign Contributions By Vendors," And 2-488 "Prohibited Campaign Contributions By lobbyists On Procurement
Issues," By Expanding Notice Requirements Of City Campaign Finance laws, And Exempting From The Definitions Of "Vendor" And
"lobbyist" Those Persons And/Or Entities Who Provide Or lobby Regarding Goods, Equipment, Or Services Not Exceeding $10,000.00
Per City Of Miami Beach Fiscal Year Wherein City Commission Action Is Not Required.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
10:35 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Section 130 "Off-Street Parking," Article V "Parking Impact Fee
Program, "Section 130-132 "Fee Calculation," By Raising The Parking Impact Fee As Specified In Section 130-132 (D) Of The City Code.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:30 a.m.
An Ordinance Amending Division 2, Entitled "Handbills," Of Article III, Entitled "Litter," Of Chapter 46 Of The City Code, Entitled
"Environment, "By Prohibiting The Distribution Of Commercial Handbills In Limited Areas Of The City; By Creating Rebuttable
Presumptions Regarding Authorization Of Distribution Of Commercial Handbills; By Providing For Seizure Of Handbills For Use As
Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Section By Creating
Definitions Of Violator, Business, Commercial Handbill, And One Day And Amending Definitions Of Handbill, Person And Public Parking
lot; By Amending Provisions Providing For Fines And Penalties For Violations, Appeal Procedures, And Alternate Means Of Enforcement.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139.
Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention
Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
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Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.D1 05, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at its meeting or its hearing, such person r.1USt 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 language interpreters, information on access for persons with disabilities, and/or any
accommodation to review any document or participate in any city-sponsored proceeding, please c~ntac~ (305).604-2489 (voice),