Commission Meeting Agenda Item
Ordinance 2019-06 (First Reading) — An Ordinance of the Town of Lady Lake, Florida, Deleting and Replacing Ordinance 2005-44 In Its Entirety, Amending the Code of Ordinances by Adding Section 15-16 to Chapter 15, Which Shall be Entitled "Sexual Offenders" and Relating to the Residences of Sexual Offenders
Staff Recommended Motion
Staff recommends approval of the first reading of Ordinance 2019-06 as presented.
The purpose of this amendment is to streamline the sexual offender ordinance with some of the language in Florida State Statute 775.215; mainly adding the word “private” to prohibited places such as parks, playground, and libraries. The additional language in the “Penalties” section, stating “A person violating any of the provisions of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted”, will assist the State Attorney’s Office in the prosecution of offenders who violate this ordinance.
The Town Commission is scheduled to consider Ordinance 2019-06 for second and final reading on Monday, May 20, 2019, at 6 p.m.
Draft Ordinance 2019-06
AN ORDINANCE OF THE TOWN OF LADY LAKE, FLORIDA, DELETING AND REPLACING ORDINANCE 2005-44 IN ITS ENTIRETY, AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 15-16 TO CHAPTER 15, WHICH SHALL BE ENTITLED "SEXUAL OFFENDERS" AND RELATING TO THE RESIDENCES OF SEXUAL OFFENDERS (THOSE CONVICTED OF OR WHO HAVE ENTERED A PLEA OF GUILTY TO A VIOLATION OF SECTION 794.011, SECTION 800.04, SECTION 827.071 OR SECTION 847.0145, FLORIDA STATUTES (2004) REGARDLESS OF WHETHER ADJUDICATION HAS BEEN WITHHELD) WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR A PROHIBITION AGAINST CERTAIN SEXUAL OFFENDERS FROM LIVING WITHIN THE TOWN OF LADY LAKE WHEN THEIR RESIDENCE LIES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS (SCHOOLS, DAYCARE CENTERS, PUBLIC AND PRIVATE PARKS, PUBLIC AND PRIVATE PLAYGROUNDS AND RECREATIONAL OPEN SPACES, (SUCH AS MINI-PARKS), PUBLIC AND PRIVATE LIBRARIES, AND CHURCHES); PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Commission is profoundly concerned about the numerous occurrences within the State of Florida and the United States where convicted sexual offenders have been released from custody and then repeat the unlawful acts for which they had originally been convicted; andWHEREAS, the Town Commission finds that the recidivism rate for released sexual offenders is alarmingly high, especially for those who commit their crimes on children; and
WHEREAS, during the recently ended legislative session, the Florida Legislature passed House Bill 1877, which is commonly known as the "Jessica Lunsford Act," which Act was approved by Governor Jeb Bush on May 2, 2005, and has been codified as Chapter 2005-28, Laws of Florida; and
WHEREAS, the "Jessica Lunsford Act" will likely increase the number of offenders who will be designated as sexual offenders and will require electronic monitoring of certain offenders and will otherwise strengthen the State's efforts to control child sexual victimization; and
WHEREAS, the Florida Department of Law Enforcement provides a data base containing public record information on offenders classified as sexual predators and sexual offenders under Florida law because of a conviction for a sex related crime and/or a specified crime against children, which information is made available to interested citizens to help them educate themselves about the possible presence of such offenders in their local community; and
WHEREAS, the Town of Lady Lake is a family-oriented community that highly values its children and is a place that families with children find highly desirable; and
WHEREAS, schools, daycare centers, public and private parks, public and private playgrounds (such as mini-parks and recreational open spaces), libraries and churches are places within the Town of Lady Lake that children are frequently and regularly located and involved in activities and to which children while in route thereto may pass the residences of persons who may target the children for criminal activities; and
WHEREAS, Section 775.215 and Section 947.1405, Florida Statutes (2018), provide for a prohibition of certain sexual offenders from residing within 1,000 feet of specified locations; and
WHEREAS, the Town Commission desires to establish a policy which provides the maximum protection to its citizens from criminal activity thereby advancing the public health, safety and welfare of the citizens of the Town of Lady Lake; and
WHEREAS, the Town Commission may act in accordance with the provisions of Article VIII, Section 2(b) of the Constitution of the State of Florida, which provides, in pertinent part, that "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law."; and
WHEREAS, the Town Commission may act in accordance with the provisions of Section 166.021(1), Florida Statutes, which provides, in pertinent part, that "As provided in S. 2(b), Article VIII, of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law."; and
WHEREAS, the Town Commission may act in accordance with the provisions of Section 166.021(3), Florida Statutes, which provides, in pertinent part, that "The legislature recognizes that pursuant to the grant of power set forth in Section 2(b), Article VIII of the State Constitution, the legislative body of each municipality has a power to enact legislation concerning any subject matter upon which the State Legislature may act," except for certain very limited matters; and
WHEREAS, the Town Commission finds and concludes that the Town is not prohibited from acting on the subject matter of this Ordinance, that the legislature of the State of Florida may act upon the subject matter of this Ordinance and that the provisions of this Ordinance are not pre-empted by and are consistent with state law; and
WHEREAS, this Ordinance is enacted under the General Home Rule and police powers of the Town of Lady Lake and is not a zoning matter or a land development regulation; and
WHEREAS, the Town of Lady Lake has complied with all requirements and procedures of Florida law in processing, noticing and advertising this Ordinance.
NOW, THEREFORE, be it ordained by the Town Commission of the Town of Lady Lake, Florida:
The Town Commission adopts the foregoing findings and also makes the following findings of fact:
- Convicted sexual offenders, convicted sexual predators, sexual offenders who use physical violence, and sexual offenders who prey on children or 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 that are never reported, and are prosecuted for only a fraction of their crimes. The cost of sexual offender victimization to society at large is clearly exorbitant.
- The Town of Lady Lake intends for this Ordinance to serve the Town's compelling interest to promote, protect and improve the health, safety and welfare of these citizens of the Town of Lady Lake by creating areas around locations where children regularly congregate in concentrated numbers wherein sexual offenders are prohibitive from establishing temporary or permanent residence.
The Code of Ordinances, Town of Lady Lake, Florida, is hereby amended by adding Section 15-16, which shall be entitled "Sexual Offenders" and read as follows:
Sec. 15-16. Sexual Offenders.
Permanent residence means a place where a person abides, lodges, or resides for 14 or more consecutive days, or for more than 120 days within any one-year interval, whether or not consecutive.
Sexual offender or sexual predator means any person who has been convicted of or entered a plea of guilty to a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145, Florida Statutes, in which the victim of the offense was less than 18 years of age at the time that the offense was committed, whether or not adjudication of guilt was withheld.
Temporary residence means: (i) 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 residence, or (ii) the place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
B. Sexual Offender Residence Prohibition; Penalties; Exceptions.
- It is unlawful for any sexual offender to establish a permanent residence or a temporary residence in the Town of Lady Lake within 2,500 feet of any school, church, daycare center, a public or private park, a public or private playground, a public or private library.
- 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 the nearest outer property line of a school, church, daycare center, a public or private park, a public or private playground, or a public or private library.
- Penalties: The Town may pursue any civil and criminal enforcement action or legal remedy available under controlling state law, including but not limited to injunctive relief. If injunctive relief or other civil judicial relief is sought, the Town shall be entitled to recover its reasonable attorneys' fees from the defendant. A person violating any of the provisions of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. 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; for a second or subsequent conviction of a violation of this section, said person shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding one year, or by both. In the alternative, the Town may seek enforcement by way of its municipal code enforcement process. This remedy shall be supplemental to and not in derogation of any other remedies.
- Exceptions: A person having a permanent residence within 2,500 feet of any school, daycare center, church, a public or private park, a public or private playground, or a public or private library does not commit a violation of this section if any of the following apply: (i) the person established the permanent residence prior to the date this Ordinance becomes effective; (ii) the person was a minor when he or she committed the offense and was not sentenced as an adult; (iii) the person is a minor; (iv) the school, daycare center, church, public or private park, public or private playground, or a public or private library within 2,500 feet of the person's permanent residence was established after the person established permanent residence.
C. Application of Ordinance/Existing Contracts.
The provisions of this Ordinance shall not be applied to persons residing at a prohibited location on the effective date of this Ordinance such that it is not the intent of this Ordinance to impair valid existing and bona fide contract rights. However, the provisions of this Ordinance shall apply upon expiration or termination of any leasehold arising from a landlord/tenant relationship. When a person who is a subject of this Ordinance changes residence or commences a new or renewed lease term, this Ordinance shall fully apply to such persons.
SECTION 3. Conflicts.
All ordinances or part of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.
SECTION 4. Severability.
If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.
SECTION 5. Codification.
The provisions of this Ordinance shall be codified as and become part of the Code of Ordinances, Town of Lady Lake. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate word.
SECTION 6. Effective Date.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the Town Commission of the Town of Lady Lake, Florida, held on the 20th day of May, 2019.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney