O-345-C• CITY OF CLERMONT
ORDINANCE
N0.345-C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
FLORIDA, RELATING TO THE RESIDENCES OF SEXUAL OFFENDERS
(THOSE CONVICTED OF A VIOLATION OF SECTION 794.011, SECTION
800.04, SECTION 827.071, OR SECTION 847.0145,FLORIDA STATUTES,
REGARDLESS OF WHETHER ADJUDICATION HAS BEEN WITHHELD,
WHEN THE VICTIM OF THE OFFENSE FOR WHICH THE CONVICTION
RESULTED WAS LESS THAN SIXTEEN (16) YEARS OF AGE AT THE
TIME THE OFFENSE WAS COMMITTED) WITHIN THE CITY LIMITS OF
THE CITY OF CLERMONT; PROVIDING FOR LEGISLATIVE FINDINGS
AND INTENT; PROVIDING FOR A PROHIBITION AGAINST CERTAIN
SEXUAL OFFENDERS FROM LIVING WITHIN THE CITY OF CLERMONT
WHEN THEIR RESIDENCE LIES WITHIN 2,500 FEET OF SPECIFIED
LOCATIONS (SCHOOLS, DAY CARE CENTERS, PUBLIC PARKS,
PLAYGROUNDS, AND CHURCHES OR OTHER PLACES USED FOR
RELIGIOUS ASSEMBLY); PROVIDING FOR APPLICABILITY AND
EFFECT UPON CURRENT RESIDENTS; PROVIDING FOR
• SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
PENALTIES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont are deeply and profoundly
concerned about the unfortunate numerous occurrences within the State of Florida and the
United States when convicted sexual offenders have been released from custody and then repeat
the unlawful acts for which they had originally been convicted; and
WHEREAS, the City Council of the City of Clermont finds from the available evidence
that the recidivism rate for released sexual offenders is alarmingly high, especially for those who
commit crimes upon children; and
WHEREAS, the United States Department of Justice, Office of Justice Programs, Bureau
of Justice Statistics (BJS), studied the recidivism of sex offenders released since 1994 and found
the following:
(1) Within three (3) years following their release, 5.3% of sex offenders (men who had
committed rape or sexual assault) were rearrested for another sex crime.
(2} On average the 9,691 sex offenders served less than half of their 8-year sentence.
(3) Compared to non-sex offenders released from state prisons, released sex offenders
were four times more likely to be rearrested for a sex crime.
(4) Of the released sex offenders, 3 .5% were reconvicted for a sex crime within the three
• (3) year follow-up period. 24% were reconvicted for a new offense and 38.6% were returned to
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prison, either because they received another prison sentence or because of a parole violation.
• (5) The 9,691 released sex offenders studied included 4,295 men who were in prison for
child molesting; and
WHEREAS, other BJS surveys have shown that 70% of all men in prison for a sex crime
were men whose victim was a child; and
WHEREAS, the Washington State Institute for Public Policy published its findings of high
recidivism rates among 417 released sexual predators and determined that 57% of the predators
re-offended within six (6) years of being released from prison and the study further showed that
felony sex offenses were the crimes of choice for the sex offenders of which 16% did not register
as sex offenders and that approximately 180 of the "recidivists" committed crimes "considered
precursors to child molestation" ;and
WHEREAS, Section 947.1405(7), Florida Statutes, in subparagraph 2, provides, in
pertinent part, that:
"Any inmate who is convicted of a crime committed on or after October 1, 1995,
or who has been previously convicted of a crime committed on or after October 1,
1995, in violation of chapter 7941 s. 800.042, s. 827.0713 or s. 847.01454, and is
subject to conditional release supervision, shall have, in addition to any other
conditions imposed, the following special conditions imposed by the commission:
• 2. If the victim was under the age of 18, a prohibition on living within 1,000 feet
of a school, day care center, park, playground, designated public school bus stop,
or other place where children regularly congregate. A releasee who is subject to
this subparagraph may not relocate to a residence that is within 1,000 feet of a
public school bus stop. Beginning October 1, 2004,5 the commission or the
department may not approve a residence that is located within 1,000 feet of a
school, day care center, park, playground, designated school bus stop, or other
place where children regularly congregate for any releasee who is subject to this
subparagraph. On October 1. 2004, the department shall notify each affected
school district of the location of the residence of a releasee 30 days prior to
release and thereafter, if the releasee relocates to a new residence, shall notify any
affected school district of the residence of the releasee within 30 days after
relocation. If, on October 1, 2004, any public school bus stop is located within
1,000 feet of the existing residence of such releasee, the district school board shall
relocate that school bus stop. Beginning October 1, 2004, a district school board
may not establish or relocate a public school bus stop within 1,000 feet of the
residence of a releasee who is subject to this subparagraph. The failure of the
district school board to comply with this subparagraph shall not result in a
' Sexual Battery.
2 Lewd or lascivious offenses committed in the presence of persons less than 16 years of age.
s Sexual performance by a child.
• a Selling or buying of minors.
s Consistent with the provisions of Section 7 of the Ordinance.
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violation of conditional release supervision.
•
WHEREAS, during the recently ended Legislative Session, the Florida Legislature passed
House Bill 1877 which is commonly known as the "Jessica Lunsford Act" which Act was
approved by Governor Jeb Bush on May 2, 2005 and has been codified as Chapter 2005-28,
Laws of Florida; and
WHEREAS, the "Jessica Lunsford Act" will likely increase the number of offenders who
will be designated as sexual offenders and will require electronic monitoring of certain offenders
and will otherwise strengthen the State's effarts to control the cancer of child sexual
victimization; and
WHEREAS, the Florida Department of Law Enforcement provides a database containing
public record information on offenders classified as sexual predators and sexual offenders under
Florida law because of a conviction for asex-related crime and/or a specified crime against
children which information is made available to interested citizens to help them educate
themselves about the possible presence of such offenders in their local communities; and
WHEREAS, experts in the field of child sex crimes, such as those at the John Jay College
in New York, state that " ...child sexual abuse is significantly underreported" and a study of the
Center for Sex Offender Management, a project of the United States Department of Justice,
noted that "[a]lthough sex offenders account for only a small percentage of the total offender
population, probably no other group of offenders evokes as much fear in citizens and concern
. among policymakers and practitioners. In an effort to protect the public from the threats posed by
known sex offenders and to ensure that the most effective management practices possible are in
place, communities across the country are working hard to assess and plan improvements in their
current approaches to sex offender management"; and
WHEREAS, one expert author has written that "[t]here is overwhelming evidence that
indicates that our current system of punishing or treating sexual offenders is failing us" and a
publication of the American Medical Association (AMA) states that "[c]hild sexual abuse has
been endemic for generations, but recognition of the prevalence and the potential devastating
psychological effects have only recently received attention" and the AMA publication goes on to
state that "[r]ecent studies suggest that approximately 20% of children will be sexually abused in
someway before they reach adulthood, with this figure cumulating at a rate of about 1 % each
year"; and
WHEREAS, the Florida Department of Law Enforcement has noted that "[t]he theme of the
1997 National Institute of Justice (NIJ) Conference on Criminal Justice Research and Evaluation,
Crime and Place, reflects an emerging trend among criminal justice researchers and practitioners
to shift the focus of crime prevention and suppression efforts from people (potential offenders) to
places"; and
WHEREAS, the Colorado Bureau of Investigation has assembled the following relevant
• statistics:
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• (1) In 2001, there were approximately 386,000 registered sex offenders in United States.
(2) Approximately 95% of sex offenders in the U .S. are under correctional supervision in
the community.
(3) At least half of convicted child molesters report that they also have been sexually
assaulted as a child.
(4) Over 80% of convicted adult rapists report that they have molested children.
(5) Approximately one-third (1/3) of sex offenders report assaulting both males and
females. Research shows that most convicted sex offenders have committed many, many assaults
before they are caught.
(6) Most sex offenders report that they have committed multiple types of sexual assault
(sexual assault crimes include exhibitionism, voyeurism, oral sex, vaginal penetration, attempted
penetration, fondling, and incest).
(7) Over two-thirds (2/3) of offenders who reported committing incest also said they
assaulted victims outside the family.
(8) Studies of victims have found that less than 16% of sex crimes are reported to law
enforcement.
(9) Young victims who know or are related to the perpetrator are least likely to report the
crime to authorities.
(10) Most offenders commit multiple crimes against multiple types of victims with whom
they have varying types of relationships (adults, children, male, female, known and unknown).
This behavior is known as "crossover."
(11) Sex offenders rarely commit a single type of offense. Many offenders have NO
official criminal record or sex crime history of any kind.
• (12) There is no such thing as a "typical" sex offender, however all tend to be
manipulative, deceptive, and secretive. Sex offenders come from all backgrounds, asges, income
levels and professions.
(13) Sex offenders usually do not commit tier crimes impulsively. They usually carefully
plan their crimes; and
WHEREAS, schools, day care centers, public parks, playgrounds, and churches or other
places of religious assembly are places within the City of Clermont that children are frequently
and regularly located and involved in activities and to which children walk thereby passing the
residences of persons who may target the children for criminal activities; and
WHEREAS, the City Council for the City of Clermont desires to ensure that the citizens
of Clermont are protected from criminal activity to the maximum extent afforded by controlling
law in order to advance the public health, safety, welfare and benefit of its citizens to the
maximum extent possible; and
WHEREAS, the City Council of the City of Clermont may act in accordance with the
provisions of Article VIII, Section 2(b) of the Constitution of the State of Florida, and Sections
166.021(1) and 166.021(3), Florida Statutes, which provide that municipalities shall have
governmental, corporate and proprietary powers to enable them to conduct municipal
government, perform municipal functions and render municipal services and may exercise any
power for municipal purposes, except as otherwise provided or prohibited by law; and
• WHEREAS, the City Council of the City of Clermont finds and concludes that the City is
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not prohibited form acting on the subject matter of this Ordinance and that the legislature of the
State of Florida may act upon the subject matter of this Ordinance and that the provisions of this
Ordinance are not preempted by and are consistent with State law;
WHEREAS, this Ordinance is enacted under the general home rule and police powers of
the Cit of Clermont and is not a zoning matter or a land development regulation; and
WHEREAS, the City of Clermont has complied with all requirements and procedures of
Florida law in processing, noticing and advertising this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, FLORIDA, THAT:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT
(a) The findings set forth in the recitals (whereas clauses) to this Ordinance are
hereby adopted as additional legislative findings.
(b) The City Council of the City of Clermont hereby adopts the provisions of Section
775.21(3)(a), Florida Statutes, which state as follows:
"Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who
prey on children are sexual predators who present an extreme threat to the public safety. Sexual
• offenders are extremely likely to use physical violence and to repeat their offenses, and most
sexual offenders commit many offenses, have many more victims than are ever reported, and are
prosecuted for only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant."
(c). The City Council of the City of Clermont hereby adopts the provisions of Section
947.1405(7), Florida Statutes, which provides, in pertinent part, that:
"It is the finding of the Legislature that the population of offenders released from state prison
into the community who meet the conditional release criteria poses the greatest threat to the
public safety of the groups of offenders under community supervision. Therefore, the
Department of Corrections is to provide intensive supervision by experienced correctional
probation officers to conditional release offenders."
(d). The City Council of the City of Clermont hereby finds and determines that the
provisions of this Ordinance advance a legitimate public purpose and promote and protect the
public health, safety, morals and welfare of the public.
(e). It is the desire of the City Council of the City of Clermont that the Lake County
School District carefully adhere to the provisions of 947.1405(7), Florida Statutes, which relates
to the requirement that school bus stops be located at least one thousand feet (1,000') of the
persons who are the subject of this Ordinance.
• SECTION 2. PROHIBITED RESIDENCES OF SEXUAL OFFENDERS.
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• New Section 42-16 "Prohibited Residences for Sexual Offenders" of the Code of
Ordinances of the City of Clermont is hereby created to read as follows:
Sec. 42-16. Prohibited Residences for Sexual Offenders
(a) It is prohibited and unlawful for any person who has been convicted of a violation
of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145, Florida Statutes,
regardless of whether adjudication has been withheld, when the victim of the offense for which
the conviction resulted was less than sixteen (16) years of age at the time the offense was
committed, to reside in a residence located within the City of Clermont when such residence is
located within two thousand five hundred feet (2,500') of any school, day care center, public
park, playground or church or other place of religious assembly regardless of whether the school,
day care center, public park, playground, or church or other place of religious assembly lies
within the incorporated limits of the City of Clermont or unincorporated Lake County .
(b) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property line of the residence to the
nearest outer property line of a school, day care center, public park, playground or church or
other place of religious assembly.
(c) The provisions of this Ordinance shall not be applied to persons residing at a
prohibited location on the effective date of this Ordinance such that it is not the intent of this
Ordinance to impair valid, existing and bona fide contract rights; provided, however, that the
• provisions of this Ordinance shall apply upon termination of any leasehold relationship arising
from a landlord tenant relationship or the expiration of a lease. When a person who is the subject
of this Ordinance changes residences, this Ordinance shall fully apply to such persons.
(d) The City may pursue any enforcement action or legal remedy available under
controlling State law and any legal remedy available to the City to include, but not be limited to,
a fine not exceeding $500.00 unless otherwise authorized by State law or by imprisonment for a
term not exceeding sixty (60) days unless otherwise authorized by State law, 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 for a term not
exceeding one year, or by both such fine and imprisonment.
SECTION 3. CONFLICTS. All Ordinances, resolutions, land development regulations
or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section, sentence, phrase, word or portion of this
Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Ordinance not otherwise determined to be invalid, unlawful or
unconstitutional.
• SECTION 5. CODIFICATION. The provisions of Section 2 of this Ordinance shall be
codified as and become and be made a part of the Code of Ordinances of the City of Clermont.
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• Ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon rts
adoption by the City Council of the City of Clermont as provided by law.
First Reading on the 12th day of July 2005
Second Reading on the 26th day of July 2005
PASSED AND ORDAINED BY the City Council of the City of Clermont, Lake County, Florida on
this;?~l day of ~u 1 ~ 2005.
CITY OF CLERMONT
ar S. Turville, Jr., Mayor
Attest:
l
Tracy Ackroyd, City Clerk
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