Introduced by the Council President at the request of the Mayor:

1
Introduced by Council Member Davis and the Sheriff:
2
3
4
ORDINANCE 2005-629
5
AN ORDINANCE APPROPRIATING $150,000 FROM THE
6
TO BE DETERMINED TO THE JACKSONVILLE SHERIFF'S
7
OFFICE FOR THE PURPOSE OF MAILING ADDITIONAL
8
PUBLIC
NOTIFICATION
9
WITHIN
1000
FEET
TO
OF
THE
A
NEIGHBORS
SEXUAL
LIVING
PREDATORS
IN
10
DUVAL COUNTY; AMENDING CHAPTER 674 (DISASTER
11
PREPAREDNESS), ORDINANCE CODE, TO CREATE A NEW
12
PART 5 SEXUAL OFFENDERS AND SEXUAL PREDATORS
13
CAUTIONARY
PROTECTIONS
14
PREDATORS
AND
15
TEMPORARY
EMERGENCY
SHELTERS
16
DESIGNATION
AND
FOR
17
DESIGNATED FOR THESE INDIVIDUALS; ESTABLISHING
18
A RESIDENCY REQUIREMENT FOR SEXUAL PREDATORS
19
ALLOWING SEXUAL PREDATORS TO LIVE NOT CLOSER
20
THAN
21
DUVAL COUNTY;
2500
FEET
TO
SEXUAL
ALLOW
FROM
REQUIRE
OFFENDERS
OF
SPECIAL
SPECIFIED
SEXUAL
NOTIFY
THEIR
SHELTERS
LOCATIONS
IN
PROVIDING AN EFFECTIVE DATE.
22
23
WHEREAS, the City of Jacksonville is deeply concerned about
24
the numerous recent occurrences in our state and elsewhere, whereby
25
convicted sex offenders who have been released from custody repeat
26
the unlawful acts for which they had originally been convicted;
27
and,
28
WHEREAS, the City finds from the evidence the recidivism rate
29
for released sex offenders is alarmingly high, especially for those
30
who commit their crimes on children; and,
31
WHEREAS, the City is becoming an increasingly attractive place
1
of residence for younger families with small children; and,
2
WHEREAS, the City desires to establish policy which provides
3
the maximum protection of the lives and persons in Jacksonville;
4
and,
5
WHEREAS, Article VIII, Section 2(b), Florida Constitution and
6
§166.021, Fla. Stat., provide the City authority to protect the
7
health, safety and welfare of its residents
8
BE IT ORDAINED by the Council of the City of Jacksonville:
9
Section 1.
10
within
11
indicated sum(s) from the account(s) listed in subsection (a) to
12
the account(s) listed in subsection (b):
13
the
Appropriation. For the 2004-2005 fiscal year,
(a)
City’s
are
hereby
appropriated
Account to be determined
(b)
the
$150,000
Appropriated to:
16
17
there
Appropriated from:
14
15
budget,
Account to be determined
Section 2.
Section
19
sexual predators residing in Duval County to all neighbors residing
20
within 1000 feet of the sexual predator.
22
is
to
Section 3.
enable
The purpose of the appropriation in
18
21
1
Purpose.
$150,000
increased
CHAPTER 674.
29
DISASTER PREPAREDNESS.
***
PART 5.
PROTECTIVE MEASURES AGAINST SEXUAL OFFENDERS AND SEXUAL
26
28
of
Chapter 674 (Disaster Preparedness), Ordinance
24
27
notification
Code, is hereby amended to create a new part 5 to read as follows:
23
25
neighborhood
PREDATORS
Sec.
674.501. Temporary Emergency Shelters; Sexual predators
and offenders notification requirements.
(a)
For the purpose of this section “temporary shelter” is
30
defined as any public or private building or facility which is
31
offered
to
individuals
and
families
- 2 -
who
are
homeless
or
who
1
evacuate their homes or a hotel, motel, or other place of temporary
2
residence as a result of any storm, flood, hurricane, tornado,
3
explosion, fire, or other incident of any nature as a place to
4
reside, rest, sleep, or eat.
5
(b)
Any person who is required by Florida law to register as
6
a sexual predator or sexual offender and who utilizes or intends to
7
utilize
8
entity and established as a result of any emergency or incident or
9
threatened emergency or incident shall, immediately upon entering
10
the shelter, notify the individual or individuals operating the
11
shelter that he or she is a registered sexual predator or sexual
12
offender.
13
to a temporary shelter specifically designated for use by sexual
14
predators and sexual offenders.
15
(c)
a
temporary
shelter
provided
by
any
public
or
private
The sexual predator or sexual offender shall be assigned
The Sheriff may designate a public building or a jail or
16
other correctional facility as a temporary shelter to be utilized
17
by sexual predators and sexual offenders.
18
(d)
Failure of a sexual predator or sexual offender to make
19
notification as required in section b. shall constitute a Class D
20
offence.
21
Sec. 674.502
22
(a)
It
is
Sexual Predators Residency Requirements.
unlawful
for
any
person
who
is
required
by
23
Florida law to register as a sexual predator or sexual offender
24
to reside within 2,500 feet of any school, designated public
25
school bus stop, day care center, park, playground, or other
26
place where children regularly congregate.
27
28
29
(b)
A person who violates subsection (a) shall be guilty
of a class D offence.
Section
4.
Severability.
If
any
section,
subsection
or
30
provision of this Ordinance is held invalid, the remainder shall
31
not be affected by such invalidity.
- 3 -
1
Section 5.
effective
Effective Date.
upon
signature
by
This
2
become
the
3
effective without the Mayor’s signature.
Mayor
ordinance
or
upon
shall
becoming
4
5
Form Approved:
6
/s/ Margaret M. Sidman________________
7
8
Office of General Counsel
9
Legislation Prepared By: Margaret M. Sidman
10
5/10/05
G:\shared\LEGIS.CC\2005\ord\SexualPredatorsnotificationresidencyrequirementapp 1.doc
11
12
13
- 4 -