LTC 037-2010 MDC Ordinance 10-01 Re Sexual Offenders and Predatorsm MIAMIBEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 037-2010
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LETTER TO. COMMISSION
TO: Mayor Matti Herrera Bower and
Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 4, 2010
SUBJECT: Miami-Dade County Ordinance No.10-01 Regarding i exual Offenders and
Predators
The purpose of this LTC is to advise the Mayor and City Commission ofMiami-Dade County
Ordinance No. 10-01 (attached), which was adopted by the MiamDade Board of County
Commissioners on January 21, 2010, regarding residency restrictions for sexual offenders
and predators. This ordinance preempts all municipal ordinances relating to residency
restrictions, and establishes a "child safety zone." ~
The effect of the ordinance is the repeal of the City of Miami Beach's residency restriction
ordinance, which prohibits residency by sexual offenders and predators within 2,500 feet of
schools, child care facilities, and parks. Residency restrictions in Miami Beach are governed
by the Miami-Dade County Ordinance as of January 31, 2010. The County Ordinance is not
as strict as the City Ordinance since the prohibition on residency by sexual offenders and
predators is only within 2,500 feet of a school, not child care facilities and parks.
The Ordinance does create section 21-285 of the County Code, regarding loitering or
prowling in child safety zones. The Child Safety Zone created by the ordinance is an area
three hundred (300) feet extending from schools, child care facilities, parks, and school bus
stops.
The Administration will work with the Legal Department to ~
breakdown of the differences between the County Ordinance and
has been repealed. In the meantime, if you have any questions,
contact me.
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elop a more detailed
City's Ordinance which
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Attachment
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MEMORANDUM
Item No. 7 (A )
TO: Honorable Chairman Dennis C. Moss DATE:
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
21, 2010
SUBJECT: Ordinance relating to sexual offenders
and predators; creating section 21-2$5
of the Code; creating child safety
zones and prohibiting loitering and
prowling in child safety zones;
amending Chapter 21 of the Code
relating to residency restrictions;
applying County sexual offender and
predator residency restrictions .
,throughout incorporated and
un incorporated Miami-Dade county;
preaempting municipal sexual offender
and predator residency restrictions
Ordinance No. 1
At the Health, Public Safety & Intergovernmental Committee on December 10, 2009,
Commissioner Diaz proposed an amendment to the ordinance. The amendment to the item
made at committee eliminates the following language from section 21-282 (1) (a) of the
Miami-Dade Code "and registered said residence pursuant to Sections 775.21, 943.0435, or
944.607, Florida." This amendment will mean that a person is exempted from the
requirements of the ordinance if he or she established a residence before the ordinance was
enacted.
The accompanying ordinance was prepazed and placed on the agenda at the request of Prime
Sponsor Vice-Chairman Jose "Pepe" Diaz.
.~... .
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R. A. Cuevas, Jr.
County Attorney
RAC/cp
Memo
Date: January 21, 2010
To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
From: George M. Burgess ~~
County Manager
Subject: Ordinance amending Section 21-265 of the Code; relating to
Predators
MIAMI~OADE
Sexual Offenders and
The proposed amendment relating to. sexual offenders and predators, preempting all municipal
ordinances relating to residency restrictions, and establishing a "child safety zone", will not result in a
fiscal impact to~Miami-Dade County. Although this ordinance establishes new fines, at this time, it is
difficult to estimate any additional revenue that maybe generated by this provision.
Assistant County Manager
fls01810
MEM~R,ANDUM
(Revised)
TO: Honorable Chairman Dennis C. Moss DATE:
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr. ~ SUBJECT:
County Attorney
Please note any items checked.
January 21, 2010
Ttem No. 7 (A )
" 3-Day Rule" for committees applicable if raised
t/ 6 weeks required between first reading and public'hearing
t/ 4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required ~ ~
Statement of fiscal impact required
Ordinance creating a new board requires detailed County Manager's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's ,
3/5's ,unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
I
I
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Approved Mater Agenda Item No
Veto 1-21-10
Override ,
ORDINANCE NO. 10-01
ORDINANCE RELATING TO SEXUAL OFFENDERS AND
PREDATORS; CREATING SECTION 21-285 OF THE CODE
OF MIAMI-DADE COUNTY; CREATING CHILD SAFETY
ZONES AND PROHIBITING LOITERING AND PROWLING
IN CHILD SAFETY ZONES; AMENDING ARTICLE XVII OF
CHAPTER 21 OF THE CODE RELATING TO RESIDENCY
RESTRICTIONS; APPLYING MIAMI-DADE :COUNTY
SEXUAL OFFENDER AND PREDATOR RESIDENCY
RESTRICTIONS THROUGHOUT INCORPORATED AND
UNINCORPORATED MIAMI-DADE COUNTY; PREEMPTING
MUNICIPAL SEXUAL OFFENDER AND PREDATOR
RESIDENCY RESTRICTIONS; ADDING A QUALIFYING
OFFENSE TO CONFORM TO STATE STATUTES; AND
PROVIDING FOR PENALTIES, SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE
7(A)
WHEREAS, the goal of protecting children from sexual offenders and predators is of
utmost importance to Miami-Dade County; and
WHEREAS, this vital goal cannot be accomplish by a single law, but instead depends
upon a cohesive and functional system of federal, state, and local laws, which must be adjusted
and adapted from time to time to address new threats and circumstances as they arise; and
WHEREAS, circumstances have arisen in Miami-Dade County indicating that the
paramount purpose of protecting children would be better served by Miami-Dade County
preempting municipal residency restriction ordinances for the reasons set forth below; and
WHEREAS, currently the residency of sexual offenders and predators in Miami-Dade
County is governed by three levels of laws, namely: state statutes, which prohibit sexual
offenders from living within 1,000 feet of schools, daycares, parks, or playgrounds; a county
ordinance, which prohibits sexual offenders from living within 2,500 feet of schools only; and a
I
Agenda Item No. 7 (A
Page 2
patchwork of at least 24 sepazate municipal ordinances, which generally prohibit sexual
offenders from living within 2,500 feet of schools, daycazes, parks, playgrounds and sometimes
other points such as bus stops and other locations where children congregate; and
WHEREAS, the County's residency restrictions strike a; proper balance between
protecting children azound the crucial and vulnerable areas of schools while still leaving
available residential units in which sexual offenders can find housing; d
WHEREAS, in contrast, almost all of the municipal ordinances enacted to date tend to
create zones in which sexual offenders aze almost completely excluded from available housing,
i
because nearly all residential units in a developed azea are within 2,500 feet of schools, daycazes,
parks, playgrounds, bus stops, or one of the other points on which the i unicipal buffer zones are
based; and ~
WHEREAS, these municipal ordinances have had the unintended effect of shifting the
only available housing for sexual offenders to the unincorporated areas of the County and to
i
those cities that have not yet enacted sexual offender residency ordinances; and
WHEREAS, in Browazd County, a similar trend has created a situation in which a
disproportionate number of sexual offenders are concentrated in a few neighborhoods in the
unincorporated azea, detrimentally impacting living conditions and housing values in those areas,
i
and unreasonably increasing the risk to children in those areas; and
WHEREAS, in Miami-Dade County, the problem of balancing the interests of people
impacted by residency restrictions has become a regional problem that should be addressed at a
regional level by preempting municipal ordinances and thereby limiting the unintended
consequence of clustering the sexual offenders in a few, disfavored jneighborhoods while still
providing protections over and above the protections provided by State; law; and
S
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Agenda Item No. 7 (A )
Page 3
WHEREAS, the creation of child safety zones where it is prohibited for a convicted
I
sexual offender or predator to loiter would be a useful addition to the County's laws designed to
protect children from sexual offenders and predators,
NOW, THEREFORE, BE IT ORDAINED BY THE iBOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. That the above recitals of legislative intent and findings are fully
incorporated herein as part of this ordinance.
Section 2. Article XVII of Chapter 21 of the Code of Miami-Dade County ("the
Code") is hereby amended to read as follows: ~
ARTICLE XVII. THE MIAMI-DADE COUNTY SEXUAL
OFFENDER AND ',SEXUAL
PREDATOR ORDINANCE
Sec. 21-277. Title.
Article XVII shall be known and may be cited as "The
Miami-Dade County Sexual Offender and Sexual Predator
Ordinance."
Sec. 21-278. Findings 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. 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, cleazly exorbitant.
i
' Words stricken through andlor [[double bracketed]] shall be deleted. Words underscored
and/or »double arrowed« constitute the amendment proposed. Remaining provisions aze now
in effect and remain unchanged.
Agenda Item No. 7 (A )
Page 4
(b) The intent of this Article is to serve the County's
compelling interest to promote, protect and improve' the health,
safety and welfare of the citizens of the County, ;particularly
children, by prohibiting sexual offenders and sexual predators from
establishing temporary or permanent residence in certain areas
where children are known to regulazly congregate, ' to prohibit
renting or leasing certain property to sexual offenders or sexual
predators if such property is located where children are known to
regulazly congregate and to restrict sexual offenders'' and sexual
predators' access to parks and child caze facilities. j
Sec. 21-279. Applicability.
(a) This Article shall be applicable to »the«
incorporated and unincorporated azeas of Miami-Dade
County».« [[
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(b) »This«[[ ' ]] Article shall
be applicable in all municipalities in Miami-Dade County »on«
[[ ' J] the effective date of this ordinance.
»All municiyal ordinances in Miami-Dade County establishine
sexual offender or predator residen,y restrictions !are herebx
preempted and shall stand repealed.« [
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Agenda Item No. 7 (A )
Page 5
Sec. 21-280. Definitions.
The following terms and phrases when used in ;this Article
shall have the meanings ascribed to them in this section unless the
context otherwise requires:
(1) "Child" or "children" means any person(s) less than sixteen
(16) years of age.
(2) "Child care facility" means day nurseries, and family day
care homes, licensed by the Department of Children and
Families, and as defined in Section 33-151.11 of the Code.
»~ "Child safety zone" means an azea three hundred (300) feet
extending from schools, child care facilities, !parks, and
school bus stops measured in a manner similar to the
measurement of the residency restriction area provided in
this ordinance.«
[[{~}]]»~«"Convicted" or "conviction" means a determination of guilt
which is the result of a trial or the entry of a plea of guilty
or polo contendere, regardless of whether adjudication is
withheld. A conviction for a similaz offense includes, but
is not limited to: a conviction by a federal ,or military
tribunal, including courts-martial conducted by the Armed
Forces of the United States, and includes a conviction or
entry of a plea of guilty or nolo contendere resulting in a
sanction in any state of the United States or other
jurisdiction. A sanction includes, but is not limited to, a
fine, probation, community control, parole, ;conditional
release, control release, or incazceration in a state prison,
federal prison, private correctional facility, or local
detention facility.
[[{4)]]»~« "Legal guardian" or "guardian" shall mean biological or
adoptive parent of a child registered at a child Gaze facility
or a person who is responsible for the care and maintenance
of said child pursuant to Florida Statutes or similar laws of
another jurisdiction.
[[(3}]]»~6,)« "Park" means a County or municipal park excluding a pazk
that includes a shooting range.
8
Agenda Item No. 7 (A )
Page 6
[[(.~]]»~« "Permanent residence" means a place where a person
abides, lodges, or resides for fourteen (14) or more
consecutive days.
[[(~}]]»~« "Reside" or "residence" means to have a place of
permanent residence or temporary residence.
[[($3]]»~« "School" means a public or private kindergarten,
elementary, middle or secondary (high) school.
[[(.9)]]»~«"Sexual offender" shall have the meaning ascribed to such
term in Section 943.0435, Florida Statutes.
[[(-1•A)]]» 11 «"Sexual offense" means a conviction under Sections
794.011, 800.04, 827.071», 847.0135(5)« or 847.0145,
Florida Statutes, or a similar law of another jurisdiction in
which the victim »or apparent victim« of the sexual
offense was less than sixteen (16) years of age, excluding
Section 794.011(10), Florida Statutes.
[[(-1-1-]]» 12 «"Sexual predator" shall have the meaning ascribed to such
term in Section 775.21, Florida Statutes.
[[(~]]»~«"Temporary residence" means a place where the person
abides, lodges, or resides for a period of fourteen (14) or
more days in the aggregate during any calendaz 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 four (4) or more consecutive or nonconsecutive
days in any month and which is not the person's permanent
residence.
Sec. 21-281. Sexual Offender and Sexual Predator Residence
Prohibition; Penalties.
(a) It is unlawful for any person who has been
convicted of a violation of Sections 794.011 (sexual battery),
800.04 (lewd and lascivious acts on/in presence of persons under
age 16), 827.071 (sexual performance by a child)», 847.0135 (5)
asexual acts transmitted over computer)« or 847.0145 (selling or
buying of minors for portrayal in sexually explicit conduct),
Florida Statutes, or a similar law of another jurisdiction, in which
the victim »or apparent victim« of the offense was less than
sixteen (16) yeazs of age, to reside within 2,500 feet of any school.
Agenda Item No. ~ (A )
Page 7
(b) The 2,500 foot distance shall be measured in a
straight line from the outer boundary of the real property that
comprises a sexual offender's or sexual predator's residence to the
neazest boundary line of the real property that comprises a school.
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.
(c) Penalties. A person who violates section 21-281 (a)
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.
Sec. 21-282. Exceptions.
1. Asexual offender or sexual predator residing within
2,500 feet of any school does not commit a violation of this section
if any of the following apply:
(a) The sexual offender or sexual predator
established a residence [[
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the effective date of this ordinance. The sexual offender or sexual
predator shall not be deemed to have established a residence or
registered said residence for purposes of this section, if the
residence is an illegal multi-family apartment unit within a
neighborhood zoned for single family residential use.
(b) The sexual offender or sexual predator was a
minor when he or she committed the sexual offense and was not
convicted as an adult.
(c) The school was opened after the sexual
offender or sexual predator established the residence.
2. Section 21-282 (1)(a) and (1)(c) herein shall not
apply to a sexual offender or sexual predator who is convicted of a
subsequent sexual offense as an adult after residing at a registered
residence within 2,500 feet of a school.
z Committee amendments aze indicated as follows: words double stricken through and/or
[[double bracketed]] shall be deleted, words double underlined and/or »double arrowed«
constitute the amendment proposed.
ORn/2~si ~ V
Agenda Item No. 7 (A )
Page 8
Sec. 21-283. Property Owners or Lessors Prohibited from
Renting Real Property to Certain Sexual
Offenders or Sexual Predators; Penalties.
(a) It is unlawful to let or rent any place, structure, or
part thereof, trailer or other conveyance, with knowledge that it
will be used as a permanent or temporary residence by any person
prohibited from establishing such permanent or temporary
residence pursuant to this Article of the Code, if such place,
structure, or part thereof, trailer or other conveyance, is located
within 2,500 feet of a school. Knowingly renting to a sexual
offender or predator shall include, but shall not be limited to,
renting or leasing a residence after being notified that the
prospective renter, lessee or adult resident is a sexual offender or
predator as defined in this ordinance.
(b) Prior to letting, renting or leasing any place,
structure, or part thereof, trailer or other conveyance for use as a
permanent or temporary residence that is located within 2,500 feet
of a school, and annually thereafter if a rental agreement is entered
into, the owner or lessor shall obtain confirmation of a nationwide
search from the Miami-Dade County Police Department or other
law enforcement agency that the prospective renter, lessee or adult
resident is not a registered sexual offender or sexual predator as a
result of a conviction of a sexual offense as defined in section 21-
280 (10) herein. A person may call the Miami-Dade County
Answer Center (311) to obtain assistance or referrals to determine
whether a prospective renter, lessee or adult resident is a sexual
offender or predator and to determine whether a residence is 2,500
feet. from a particular school.
(c) Penalties.
(1) A person who violates section 21-283 (a)
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 both
such fine and imprisonment. A person who is convicted of a
second or subsequent violation of section 21-283 (a) herein shall
be punished by a fine not to exceed $1,000.00 or imprisonment in
the County jail for not more than 3b4 days, or by both such fine
and imprisonment.
(2) A person who violates section 21-283 (b)
herein shall be punished by a civil penalty of five hundred dollars
($500.00) in the manner established by Chapter 8CC of this Code.
Agenda Item No. 7 (A )
Page 9
Each day of violation or noncompliance shall constitute a separate
offence.
Sec. 21-2$4. Sexual Offender and Sexual Predator Access to
Parks and Child Care Facilities Restricted;
Penalties.
(a) It is unlawful for a sexual offender or sexual
predator convicted of a sexual offense, as defined in section
21-280 (10}, to knowingly be present in a County or municipal
park, when a child under the age of sixteen (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 County and municipal
parks shall include notification that a person convicted of a sexual
offense, as defined in section 21-280 (10) herein, shall not be
present in a park when a child under the age of sixteen (16) years is
present, unless the sexual offender or sexual predator is the pazent
or guardian of a child present in the park.
(c) It is unlawful for a sexual offender or sexual
predator convicted of a sexual offense, as defined in section
21-280 (10), to knowingly enter or remain in a child care facility
("facility") or on its premises unless the sexual offender or sexual
predator:
(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 21-284 (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 21-284 (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.
l a-
Agenda Item No. ~ (p, ~
Page 10
Section 3. Section 21-285 of the Code of Miami-Dade County is hereby created to
read as follows:
»Z1-285. Loitering or prowling in child safety zone;
Penalties,
~, It is unlawful for any sexual offender or sexual
predator:
~,~ to loiter or prowl with the intent to commit a
sexual offense as listed in Sec. 21-280(11) of this Article;
while knowingly within a child safety zone
when children are present; and
to engage in overt conduct that, under the
circumstances manifests an intent to commit a sexual offense as
listed in Sec. 21-280(11, of this Article.
Conduct which may, under the circumstances, be
deemed adequate to manifest an intent to commit a sexual offense
as listed in Sec. 21-280~11Lof this Article includes, but is not
limited to. conduct such as the followine:
.~ _making sexual conversation or sexual
remarks to a child;
making lewd or sexual gestures to a child, or
exposing sexual organs to a child;
~3,~ iving ig'fts of candy, money, music, or
other items to a child to which he or she is not related or
acquainted.
~ Unless fli hg t_by the sexual offender or sexual
predator or other circumstance makes it impracticable, a law
enforcement officer shall, prior to any arrest for an offense under
this section, afford the sexual offender or predator an opportunity
to explain his or her presence and conduct. No sexual offender or
predator shall be convicted of an offense under this section if the
law enforcement officer did not comply with this procedure or if it
is proven at trial that the explanation iven by the sexual offender
or predator is true, and that the sexual offender or predator had no
intent to commit a sexual offense.
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Agenda Item No. 7 (A )
Page 11
~d,2 As used in this section a sexual offender or predator
is related to a child if he or she is the father, mother, step-father,
step-mother, grandpazent, sibling, cousin, aunt, uncle or resides
with the child. As used in this section a sexual offender or
predator is acquainted with a child if he or she has been introduced
to the child in the presence of an adult with legal authority to
supervise the child.
~ Penalties. A person who violates section 21-285 (a)
herein shall be ~nnished by a fine not to exceed $500.00 or
imprisonment in the Count jail for not more than 60 days or by
both fine and such imprisonment.
fL~ This provision is not intended to limit or affect the
applicability of any e~neral loitering_ and prowling statutes to
sexual offenders or predators, including but not limited to Fla. Stat.
856.021.«
Section 4. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the $oard of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami-Dade County, 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.
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Qrdinance No. 10-01
Agenda Item No. 7 (A )
Page 12
Section 6. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED: January 21, 2010
Approved by County Attorney as
to form and legal sufficiency:
Prepared by: '~ "' ~"'
Thomas W. Logue
Prime Sponsor: Vice-Chairman Jose "Pepe" Diaz
L5
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