§ 10.5-214. Prohibited residences of sexual offenders.

(a)

It is prohibited and unlawful for any person who has been convicted of a violation of Section 794.011, sexual battery; Section 800.04, lewd or lascivious offenses committed upon or in the presence of persons less than 16 years or age; Section 827.071, sexual performance by a child; or Section 847.0145, selling or buying of minors, Florida Statutes, or an equivalent offense prohibited in another state, regardless of whether adjudication has been withheld, when the victim of the offense for which the conviction resulted was under eighteen (18) years of age at the time the offense was committed, to establish a permanent residence or a temporary residence located within Polk County when such residence is located within two thousand five hundred (2,500) feet of any school, day care center, public park, playground, or public library.

(b)

In addition to the above stated requirement, a designated sexual predator is also prohibited from residing within one thousand (1,000) feet of a designated school bus stop or church.

(c)

For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the school, day care center, public park, playground, public library, church or designated school bus stops.

(d)

A sexual offender/designated predator residing within two thousand five hundred (2,500) feet of any school, day care center, public park, playground, or public library and a designated sexual predator residing within one thousand (1,000) feet of a designated school bus stop or church does not commit a violation of this article if any of the following apply:

(1)

The offender/designated predator established the permanent residence or temporary residence and reported and registered the residence pursuant to Section 775.21, the Florida Sexual Predators Act; Section 943.0435, registration of sexual offenders; or Section 944.607, notification of department of law enforcement of information on sexual offenders, Florida Statutes, prior to the effective date of this article.

(2)

The offender/designated predator was a minor when he/she committed the offense and was not convicted as an adult.

(3)

The offender/designated predator is a minor.

(4)

The school, day care center, public park, playground, public library, church or designated school bus stop was opened after the offender/designated predator established the permanent residence or temporary residence and reported and registered the residence pursuant to Section 775.21, the Florida Sexual Predators Act; Section 943.0435, registration of sexual offenders; or Section 944.607, notification of department of law enforcement of information on sexual offenders, Florida Statutes.

(Ord. No. 08-048, § 4, 9-24-08)