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 -