§ 39-3. Prohibitions; exceptions; penalties.

(a)

It is unlawful for any person who has been:

(1)

Convicted of a violation of F.S. §§ 787.01, 787.02 or 787.025 (kidnapping, false imprisonment or luring or enticing a child); F.S. § 794.011 (sexual battery); F.S. § 796.03 (procurement of a child for prostitution); F.S. § 800.04 (lewd or lascivious offenses committed upon or in the presence of person less than 18 years of age); F.S. § 827.071 (sexual performance by a child); or F.S. § 847.0145 (buying or selling minors); or

(2)

Designated as a sexual predator, as a sexually violent person, or by other sexual offender designation for similar offenses in another state or jurisdiction; or who has been required to register as a sexual offender in another state or jurisdiction, regardless of whether adjudication has been withheld, and in which case the victim of the offense was less than 18 years of age, (hereinafter referred to as sexual offender or sexual predator) to establish a permanent residence or temporary residence within 1,500 feet of any public or private school, designated public school bus stop or sign, private school bus stop (including day care centers) registered pursuant to section 39-5, public library, day care center, specifically including residential or home based day care operating under a valid village occupational license; park, playground, community center, day camp, or other place where children regularly congregate.

(b)

For purposes of determining the minimum distance separation, the 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 designated public school bus stop or sign, private school bus stop regulations pursuant to this section, public library, day care center, park, playground, community center, day camp, or other place where children regularly congregate.

(c)

Exceptions. A person residing within 1,500 feet of any school, public school bus stop or sign, private school bus stop regulations pursuant to this section, public library, day care center, park, playground, community center, day camp, or other place where children regularly congregate, does not commit a violation of this section if any of the following apply:

(1)

The person established the permanent residence prior to (January 26, 2006).

(2)

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

(3)

The person is a minor.

(4)

The school, designated public school bus stop or sign, private school bus stop or sign, public library, day care center, park, playground or community day camp or other places where children regularly congregate within 1,500 feet of the person's permanent or temporary residence was opened and/or established after the person established the permanent or temporary residence.

(d)

Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment; for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not more than 12 months, or by both such fine and imprisonment.

(Ord. No. 2006-04, §§ 2, 3, 1-26-2006; Ord. No. 2007-03, § 2, 1-11-07)