§ 58-236. Residency restrictions and exceptions.

(a)

It is prohibited and unlawful for any predatory individual, or any person who has been convicted of an equivalent offense in another state that, if convicted in Florida, would be a predatory individual, regardless of whether adjudication has been withheld either in Florida or in such other state, when the victim of the offense for which the conviction resulted was under 18 years of age at the time the offense was committed, to establish a permanent residence or a temporary residence located within the unincorporated area of Levy County when such residence is located at or within 2,500 feet of any school, day care center, park, playground, or public library, or when such residence is located at or within 1,000 feet of a church.

(b)

For the purposes of determining the minimum distance separation requirements in this section, 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, park, playground, public library, or church.

(c)

A predatory individual residing at or within 2,500 feet of any school, day care center, park, playground, or public library, or at or within 1,000 feet of a church does not commit a violation of this article if any of the following apply:

(1)

The predatory individual established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21, the Florida Sexual Predators Act, F.S. § 943.0435, registration of sexual offenders, or F.S. § 944.607, Notification of Department of Law Enforcement of information on sexual offenders, or any other similar Florida state law requiring reporting or registration of the residence of a predatory individual, prior to the effective date of this article.

(2)

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

(3)

The predatory individual is a minor.

(4)

The school, day care center, park, playground, public library, or church was opened after the predatory individual established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21, the Florida Sexual Predators Act, F.S. § 943.0435, registration of sexual offenders, or F.S. § 944.607, Notification of Department of Law Enforcement of information on sexual offenders, or any other similar Florida state law requiring reporting or registration of the residence of a predatory individual.

(d)

It is prohibited for any more than two predatory individuals to establish a temporary or permanent residence at the same address, unless one or both of such predatory individuals are related by blood, marriage or adoption to any additional predatory individual(s) at the same address. Therefore, it is prohibited for a predatory individual to establish a temporary or permanent residence at an address that is also the temporary or permanent residence of at least two other predatory individuals who are not related by blood, marriage or adoption, unless the predatory individual seeking to establish such temporary or permanent residence is related by blood, marriage or adoption to one of the other two unrelated predatory individuals.

(e)

It is prohibited for a predatory individual to establish a temporary or permanent residence in a multi-family dwelling, manufactured or mobile home in a mobile home park, or unit in a condominium in which another predatory individual has established a temporary or permanent residence, unless the number of predatory individuals residing in such multi-family dwelling, mobile home park, or condominium does not exceed ten percent of the number of individual dwelling units, except as follows:

(1)

A predatory individual will not be considered in violation of this section if residing in a dwelling that would otherwise constitute a violation of this section, provided that predatory individual was residing in such dwelling and was classified as a sexual offender, sexually violent predator or sexual predator under state law prior to the effective date of this article. In the event such predatory individual relocates to a different dwelling, the residence restrictions contained in this subsection shall apply.

(2)

Any predatory individual who resides in a state licensed residential treatment facility that provides services, including but not limited to diagnostic evaluation, behavioral counseling, medical care, psychiatric care, psychological, and social service care.

(3)

A predatory individual who is an unemancipated minor and who resides with a parent or guardian.

(Ord. No. 2015-07 , § 6, 6-23-2015)