HomeMy WebLinkAbout2006-004ORDINANCE NO. 2006=004
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
ADOPTING INDIAN RIVER COUNTY CODE SECTION
306.06 CREATING RESIDENCY RESTRICTIONS FOR
REGISTERED SEX OFFENDERS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian River County is
responsible for enacting ordinances that protect the public, especially young children,
and
WHEREAS, the Sheriff of Indian River County is charged with the duty of
protecting the citizens of the county from crime and known criminals; and
WHEREAS, the Board of County Commissioners is responsible for enacting
ordinances that protect the public, especially young children; and
WHEREAS, the children of Indian River County deserve special protection from
known, convicted sex offenders; and
WHEREAS, the Board of County Commissioners is deeply concerned about the
recent occurrences in Florida where convicted sex offenders who are no longer
incarcerated commit additional crimes of a sexual nature for which they had previously
been convicted; and
WHEREAS, the Board of County Commissioners finds that there is convincing
evidence which shows that released sexual offenders have a higher incidence of
committing additional sexual crimes, especially those offenders who commit their crime
on children; and
WHEREAS, the County desires to establish an ordinance which will provide
protection for the children of Indian River County while they attend school, day care or
visit local parks; and
WHEREAS, there currently are approximately 131 registered. sex offenders that
reside in Indian River County that are required to register their residency with the Sheriff
of this county; and
WHEREAS, the Florida Constitution and Florida Statutes give the Board of
County Commissioners the authority to enact ordinances to protect the health, safety
and welfare of its residents,
FAAttorney\Bill\Ordinance Amendments\Sex Offenders\ordinance.doc
ORDINANCE NO. 2006- 004
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. ADOPTION.
Section 306.06. Residency restrictions for registered sex offenders.
For purposes of this section,"
person means a person who has committed a
criminal offense against a minor, or an aggravated offense, sexually violent offense, or
other relevant offense that involved a minor and is required by Florida Statutes to
register their residence with the Sheriff.
(1) A person shall not reside within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility.
(2) A person who resides within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility, commits a misdemeanor.
(3) A person residing within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility does not commit a violation of this section if any of the
following apply:
a. The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
the Indian
River
County
of commitment under
Florida
Code is hereby
Statutes
adopted
b. The
to
read
394.
as
Section
306.06. of
follows:
Section 306.06. Residency restrictions for registered sex offenders.
For purposes of this section,"
person means a person who has committed a
criminal offense against a minor, or an aggravated offense, sexually violent offense, or
other relevant offense that involved a minor and is required by Florida Statutes to
register their residence with the Sheriff.
(1) A person shall not reside within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility.
(2) A person who resides within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility, commits a misdemeanor.
(3) A person residing within two thousand five hundred feet of the real
property comprising a public or nonpublic elementary or secondary school, public park
or licensed child care facility does not commit a violation of this section if any of the
following apply:
a. The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
C, The person has,established a residence prior to the February 7, 2006, or
a school or child care facility is newly located on or after February 7, 2006.
d. The person is a minor or a ward under a guardianship.
e. A state of emergency has been declared and the public or nonpublic
elementary or secondary school, public park or registered child care
facility has been designated as an emergency shelter.
is
to an order
of commitment under
Florida
Statutes
b. The
person subject
Chapter
394.
C, The person has,established a residence prior to the February 7, 2006, or
a school or child care facility is newly located on or after February 7, 2006.
d. The person is a minor or a ward under a guardianship.
e. A state of emergency has been declared and the public or nonpublic
elementary or secondary school, public park or registered child care
facility has been designated as an emergency shelter.
ORDINANCE NO, 2006- 004
SECTION 2. CODIFICATION.
It is the intention of the Board of County Commissioners that the provisions of
this ordinance shall become and be made a part of the Indian River County Code and
the word "ordinance" may be changed to "section," "article," or other appropriate word
or phrase and the sections of this Ordinance may be renumbered or relettered to
accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be
codified.
SECTION 3. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is
for any reason held to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this ordinance, and it shall be construed to have been
the legislative intent to pass the ordinance without such unconstitutional, invalid or
inoperative part.
SECTION 4. EFFECTIVE DATE
This ordinance was advertised in the Press Journal on the 24 day of Jam., 2006, for a
public hearing on the 7th day of FPh , 2006, at which time it was moved for
adoption by Commissioner Bowden , and seconded by Commissioner
Davi s , and adopted by the following vote:
R.
Neuberger
Aye
Chairman
Arthur
the Florida
Gary C.
Secretary
of
Vice
State.
This ordinance
_dye
shall take
effect upon filing
with
This ordinance was advertised in the Press Journal on the 24 day of Jam., 2006, for a
public hearing on the 7th day of FPh , 2006, at which time it was moved for
adoption by Commissioner Bowden , and seconded by Commissioner
Davi s , and adopted by the following vote:
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day
Of FPhrrjary , 2006.
At K. Barton, C r
B _ .
Deputy'Clerk
Approved as to form and Legal
S ncy
William K. DeBraal
Assistant County Attorney
INDIAN RIVER COUNTY, FLORIDA
by its Board of Coun Commissioners
B
Arthur R. Ne ger, Chai
BCC Approved:
February 7. 2006
R.
Neuberger
Aye
Chairman
Arthur
Gary C.
Wheeler
Vice
Chairman
_dye
S. Davis
Commissioner
Wesley
Aurt
S. Lowther
Commissioner
Thomas
Aye
L. Bowden
AyP
Commissioner
Sandra
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day
Of FPhrrjary , 2006.
At K. Barton, C r
B _ .
Deputy'Clerk
Approved as to form and Legal
S ncy
William K. DeBraal
Assistant County Attorney
INDIAN RIVER COUNTY, FLORIDA
by its Board of Coun Commissioners
B
Arthur R. Ne ger, Chai
BCC Approved:
February 7. 2006
ORDINANCE NO, 2006- 004
ACKNOWLEDGMENT by the Department of State of the
of :,cb;n/cL 12006,
State of Florida, this I� day