Citrus County Ordinances

  • ARTICLE III. – SEXUAL OFFENDERS/SEXUAL PREDATORS

  • Sec. 70-51. – Definitions.

    As used in this article, the following words and terms shall have the meaning ascribed thereto:

    Day care center means any family or child care facility licensed by the state pursuant to F.S. ch. 402. For purposes of this article, a day care center includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. It is the intent to include all areas reasonably included in and part of the facility.

    Park means a publicly owned or operated area used or available for the public’s use as a recreational facility, including, by way of example and not limitation, linear parks and the state, county and municipal recreational trails systems.

    Permanent residence means a place where a person abides, lodges, or resides for 14 or more consecutive days.

    Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides.

    Public shelter means any shelter specifically designated by the county or any municipality to house persons in times prior to, during and after the threat or occurrence of disaster.

    School means any public or private school to include charter schools as defined in F.S. §§ 1000.04(1) and 1002.01 (2005) excluding facilities dedicated exclusively to the education of adults.

    Sexual offender. As defined in F.S. § 944.606(1).

    Sexual predator. As defined in F.S. § 775.21.

    Sexual predator and sexual offender shelter means any shelter officially designated by the county or any municipality that is designated to house sexual predators or sexual offenders in times prior to, during and after the threat or occurrence of disaster.

    Temporary residence means any place where a person may abide, lodge or reside that is not that person’s permanent residence.

    (Ord. No. 2007-01, § 2, 10-23-07)

  • Sec. 70-52. – Prohibited residences of sexual offenders/sexual predators.

    It is prohibited and unlawful for any person who is required by Florida law to register as a sexual offender/sexual predator, or who has been convicted of a violation of F.S. § 794.011, 800.04, 827.071, or 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense for which conviction resulted was 16 years of age or less at the time the offense was committed, to establish a permanent residence or temporary residence within 2,500 feet of any school, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate regardless of whether the school, day care center, park, playground, public library, church or other place of religious assembly or other place where children regularly congregate, lies within unincorporated Citrus County.

    (Ord. No. 2007-01, § 3, 10-23-07; Ord. No. 2011-A09, § 1, 5-10-11)

  • Sec. 70-53. – Measurement of distance.

    For purposes of measuring separation of a residence from a school, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate, all distances shall be measured from the outermost property line of the parcel upon which the residence is located running in a direct line to the outermost property line of the school, day care center, park or playground, public library, church or other place of religious assembly, or other place where children regularly congregate. For example, if the residence is located in a generally southwesterly direction from a park, then the measurement would be from the northeast corner of the residential parcel to the southwest corner of the park. For all other purposes, measurements shall run from the outermost property line of the school, day care center, park or playground, public library, church or other place of religious assembly.

    (Ord. No. 2007-01, § 4, 10-23-07)

  • Sec. 70-54. – Exceptions.

    A person residing within 2,500 feet of any school, public library, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate does not commit a violation of this section, provided that the sexual offender/sexual predator is in full compliance with probation, parole, or conditional release and does not commit another sexual offense, and is in compliance with the residency restrictions if any of the following apply:

    (1)

    The person established the permanent residence prior to the effective date of the ordinance from which this article derives.

    (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, day care center, park, playground, public library, church or place of religious assembly, or other place where children regularly congregate within 2,500 feet of the person’s permanent residence was opened after the person established the permanent residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435, or 944.607.

    (Ord. No. 2007-01, § 5, 10-23-07)

  • Sec. 70-55. – Application of article; existing contracts.

    The provisions of this article shall not be applied to persons residing at a prohibited location on the effective date of the ordinance from which this article derives, such that it is not the intent of this article to impair valid, existing and bona fide contract rights, provided however that the provisions of this article shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship upon the expiration of a lease. When a person who is the subject of this article changes residences, this article shall fully apply to such persons.

    (Ord. No. 2007-01, § 6, 10-23-07)

  • Sec. 70-56. – Travel on highways and toll roads.

    Nothing herein shall prohibit any person from traveling on those roads currently included within the Florida Intrastate Highway System located within the county.

    (Ord. No. 2007-01, § 7, 10-23-07)

  • Sec. 70-57. – Temporary emergency shelters.

    Any person who is required by Florida law to register as a sexual predator or sexual offender and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and sexual offenders.

    (1)

    The county may designate a public building or a jail or other correctional facility as a temporary shelter to be utilized by sexual predators and sexual offenders.

    (2)

    Failure of a sexual predator or sexual offender to make notification as required in section shall constitute a violation of this article punishable as provided herein.

    (Ord. No. 2007-01, § 8, 10-23-07)

  • Sec. 70-58. – Penalties.

    The county may pursue any enforcement action or legal remedy available under controlling state law and any legal remedy available to the county 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 60 days unless otherwise authorized by state law, or by both such fine and imprisonment.

Citrus County Ordinances

 

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Updated: May 24, 2016 — 11:30 pm

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