§ 18-91. General findings and authority.

In adopting this division the town council hereby ascertains, determines and declares the following:

(1)

The town council is deeply and profoundly concerned about the occurrences within the state and the United States where convicted sexual offenders have been released from custody and then repeat the unlawful acts for which they had originally been convicted.

(2)

The town council finds from the available evidence that the recidivism rate for released sexual offenders is alarmingly high, especially for those who commit crimes upon children.

(3)

In a November 2003 report, the United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics (BJS), studied the recidivism of 9,691 sex offenders released since 1994 (men who had committed rape or sexual assault) and including 4,295 men who were in prison for child molesting, and found the following:

a.

Within three years following release, 5.3 percent were rearrested for another sex crime.

b.

On average they served less than half of their eight-year sentences.

c.

Compared to non-sex offenders released from state prisons, they were four times more likely to be rearrested for a sex crime.

d.

3.5 percent were reconvicted for a sex crime within the three-year followup period; 24 percent were reconvicted for a new offense; and 38.6 percent were returned to prison, either because they received another prison sentence or because of a parole violation.

(4)

In 2005 the governor signed the "Jessica Lunsford Act", House Bill 1877, chapter 2005-28, Laws of Florida, portions of which are codified in F.S. ch. 775 and which provide for additional protective measures against sexual offenders and predators, including electronic monitoring of certain offenders, and which otherwise strengthened the state's efforts to control child sexual victimization.

(5)

The town council hereby adopts the following findings of the Florida legislature pertaining to the Florida Sexual Predators Act set forth in F.S. § 775.21(3)(a): 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.

(6)

The state department of law enforcement provides a database containing public record information on offenders classified as sexual predators and sexual offenders under state law because of a conviction for a sex-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.

(7)

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 "although 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."

(8)

The state department of law enforcement has noted that "the 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."

(9)

The Colorado Bureau of Investigation has assembled the following relevant statistics:

a.

In 2001, there were approximately 386,000 registered sex offenders in United States.

b.

Approximately 95 percent of sex offenders in the U.S. are under correctional supervision in the community.

c.

At least half of convicted child molesters report that they also have been sexually assaulted as a child.

d.

Over 80 percent of convicted adult rapists report that they have molested children.

e.

Approximately one-third of sex offenders report assaulting both males and females.

f.

Research shows that most convicted sex offenders have committed many, many assaults before they are caught.

g.

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).

h.

Over two-thirds of offenders who reported committing incest also said they assaulted victims outside the family.

i.

Studies of victims have found that less than 16 percent of sex crimes are reported to law enforcement.

j.

Young victims who know or are related to the perpetrator are least likely to report the crime to authorities.

k.

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."

l.

Sex offenders rarely commit a single type of offense. Many offenders have no official criminal record or sex crime history of any kind.

m.

There is no such thing as a "typical" sex offender, however all tend to be manipulative, deceptive, and secretive.

n.

Sex offenders come from all backgrounds, ages, income levels, and professions.

o.

Sex offenders usually do not commit their crimes impulsively. They usually plan their crimes carefully.

(10)

The town is a family oriented community which highly values its children and is a place that families with young children find highly desirable.

(11)

Schools, child care facilities, parks, playgrounds, designated public school bus stops or churches are places within the town where children are frequently and regularly present and involved in activities, and are places to which children walk from within their neighborhoods, thereby passing the residences of persons who may target children for criminal activities.

(12)

F.S. § 947.1405(7) provides, in pertinent part: 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 F.S. ch. 794, F.S. §§ 800.04, 827.071, 847.0135(5) or 847.0145, and is subject to conditional release supervision, shall have, in addition to any other conditions imposed, the following special conditions imposed by the commission: If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, designated public school bus stop, or other place where children regularly congregate. A releasee who is subject to this subsection may not relocate to a residence that is within 1,000 feet of a public school bus stop. Beginning October 1, 2004, the commission or the department may not approve a residence that is located within 1,000 feet of a school, child care facility, park, playground, designated school bus stop, or other place where children regularly congregate for any releasee who is subject to this subsection. 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 subsection. The failure of the district school board to comply with this subsection shall not result in a violation of conditional release supervision. A releasee who is subject to this subsection may not be forced to relocate and does not violate his conditional release supervision if he is living in a residence that meets the requirements of this subsection and a school, child care facility, park, playground, designated public school bus stop, or other place where children regularly congregate is subsequently established within 1,000 feet of his residence.

(13)

It is the desire of the town council that the county school district carefully adhere to the provisions of F.S. § 947.1405(7), which relates to the requirement that school bus stops be located at least 1,000 feet from the residence of the persons who are the subject of this division.

(14)

The town council desires to ensure that the citizens of the town are protected from criminal activity to the maximum extent afforded by controlling law in order to advance the public health, safety and welfare, and benefit the citizens of the town to the maximum extent possible. The town council hereby adopts the following findings of the state legislature set forth in s F.S. § 947.1405(8): 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.

(15)

The town council may act in accordance with the provisions of section 2(b) of article VIII of the Constitution of the state, which provides in pertinent part 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 by law."

(16)

The town council may act in accordance with the provisions of F.S. § 166.021(1), which provides, in pertinent part, that "as provided in section 2(b), art. VIII of the state Constitution, municipalities shall have the 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 when expressly prohibited by law."

(17)

The town council may act in accordance with the provisions of F.S. § 166.021(3), which provides in pertinent part, that "the legislature recognizes that pursuant to the grant of power set forth in section 2(b), art. VIII of the state Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act" except for certain limited matters.

(18)

The town council finds and concludes that the town is not prohibited from acting on the subject matter of this division and that the provisions of this division are not preempted by and are consistent with state law.

(19)

This division is enacted pursuant to the general home rule and police powers of the town, and the town has complied with all requirements and procedures of state law for noticing and advertising this division.

(20)

The town council hereby finds and determines that the provisions of this division advance a legitimate public purpose and promote and protect the public health, safety, morals and welfare of the citizens of the town and the public.

(Ord. No. 2011-05, § 2, 11-8-2011)