§ 46-76. Restrictions for persons convicted of certain sex offenses

(a)

Definitions. The following terms apply to this section:

(1)

Child care facility has the same meaning as provided in F.S. § 402.302.

(2)

Park means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.

(3)

Playground means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.

(4)

Related to shall mean a spouse, parent, sibling, child or stepchild, uncle, aunt, nephew, niece, grandparent, grandchild or half-sibling.

(5)

School has the same meaning as provided in F.S. § 1003.01, and includes a private school as defined in F.S. § 1002.01, a voluntary pre-kindergarten education program as described in F.S. § 1002.53(3), a public school as described in F.S. § 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School as established under F.S. § 1002.37, and a K—8 Virtual School as established under F.S. § 1002.415, but does not include facilities dedicated exclusively to the education of adults.

(b)

It is prohibited and unlawful for any person who has been convicted of a violation of F.S. § 794.011 (sexual battery); F.S. § 800.04 (Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age); F.S. § 827.071, (Sexual performance by a child); F.S. § 847.0135(5) (computer pornography violations); or F.S. § 847.0145, (Selling or buying of minors); or any similar law or statute from another state or jurisdiction, regardless of whether adjudication has been withheld, when the victim of the offense for which the conviction resulted was 16 years of age or less at the time the offense was committed, to reside in a residence located within the city when such residence is located within 2,500 feet of any school, school bus stop, day care center, public park, playground (such as miniparks and recreational open spaces), library or church regardless of whether the school, school bus stop, day care center, public park, playground (such as minparks and recreational open spaces), library or church lies within the city limits of the City of Minneola or unincorporated Lake County.

(c)

It is prohibited and unlawful for any property owner or property manager or his or her agent or assignee to knowingly let, rent, or allow to be occupied free of charge any place, structure, or part thereof, trailer or other conveyance, with the knowledge, either actual or constructive, that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to subsection (a) above when the place, structure, or part thereof, or trailer or other conveyance is located within 2,500 feet of any school, school bus stop, day care center, public park, playground (such as miniparks and recreational open spaces), library or church regardless of whether the school, school bus stop, day care center, public park, playground (such as mini parks and recreational open spaces), library, or church lies within the City of Minneola or unincorporated Lake County.

(d)

As of the effective date of this section, a person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, or who has been convicted of an offense in another jurisdiction that is similar to the offenses listed herein, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside in the same dwelling unit with an unrelated person who has also been convicted of the same or similar offenses.

(e)

A person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, or who has been convicted of an offense in another jurisdiction that is similar to the offenses listed herein, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 500 feet of another person who has been convicted of the same or similar offenses.

(f)

Safety zones. A person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, or who has been convicted of an offense in another jurisdiction that is similar to the offenses listed herein, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not travel through or remain within a 300 foot safety zone surrounding any school, child care facility, park or playground, except to:

(1)

Attend a scheduled meeting with an attorney who is recognized as a licensed member of the Florida Bar;

(2)

Attend a scheduled interview with a social service provider licensed by the State of Florida;

(3)

Comply with a request or court order from the judiciary, a correctional facility or a law enforcement entity;

(4)

Contact criminal justice personnel at a criminal justice facility;

(5)

Attend a church service or function;

(6)

Attend a bona fide educational institution as a registered student;

(7)

Attend to medical or health care needs with a licensed physician;

(8)

Attend to familial or parental obligations;

(9)

Be gainfully employed or as part of duties imposed by gainful employment;

(10)

Seek refuge during times of impending natural disasters or acts of terrorism, if such facilities have been designated by Lake County or the State of Florida as a refuge.

A law enforcement officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to explain their presence in the area and the purpose thereof. No person shall be convicted of an offense under this subsection if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above.

(g)

Required declaration of status. During times of impending natural disasters or acts of terrorism, a person convicted of the offenses enumerated herein shall immediately identify themselves as a sexual offender to the official in charge of any public shelter where they seek refuge.

(h)

Jurisdictional boundaries. Any distance requirement contained herein shall be measured from the facility, or from another offender as set forth in subsection (e) above, even if the facility or other offender is located within an adjacent municipality or county.

(i)

Enforcement. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided for by law. The city shall additionally have the right to enforce the provisions of this section in the same manner as any other violation of the City of Minneola Code.

(1)

Exceptions. The following exceptions apply:

a.

Nothing herein shall apply to persons lawfully residing at a prohibited location, or who have entered into a valid and binding contract to purchase or lease a residence at a prohibited location, prior to the effective date of this section, and this section shall not be interpreted so as to impair valid, existing and bona fide contract rights; however, the provisions of this section shall apply upon expiration or termination of any leasehold arising from a landlord/tenant relationship. When a person who is subject to this section changes residence or commences a new or renewed lease term, this section shall fully apply to such persons.

b.

Subsection 46-76(d) shall not prohibit persons related to each other, as that term is defined in subsection (a), from residing in the same dwelling unit even if more than one have been convicted of an offense enumerated herein.

(Ord. No. 2005-34, § 2, 7-26-2005; Ord. No. 2007-21, § 1, 7-24-2007; Ord. No. 2011-03, § 1, 5-17-2011; Ord. No. 2012-01, § 2, 2-7-2012; Ord. No. 2012-05, § 2, 5-15-2012; Ord. No. 2013-12, § 2, 10-15-2013 )