§ 43.94. Residency restrictions for sex offenders.

(1)

As used in this section, the term:

a.

"Child care facility" has the same meaning as provided in Section 402.302, Florida Statutes.

b.

"Park" means all public and private property specifically designated as being used for recreational purposes.

c.

"Playground" means a designated area for children that has one or more play structures.

d.

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

(2)

A person who has been convicted of a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, 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 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after October 1, 2004, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.

(3)

A person who has been convicted in a jurisdiction other than Florida of an offense that is similar to a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, 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 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after May 26, 2010, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.

(Ord. No. 2013-26, § 1, 5-20-2013, Doc. #1305201202)