§ 14-78. Prohibited residences of sexual offenders.

(a)

It is prohibited and unlawful for any person 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, when the victim of the offense for which the conviction resulted was under sixteen (16) years of age at the time the offense was committed, to establish a permanent residence or temporary a residence located within the City of Flagler Beach when such residence is located within two thousand five hundred (2,500) feet of any school, day care center, public park, playground, recreational open spaces, library or religious institution regardless of whether the school, day care center, public park, playground, recreational open spaces, library or church lies within the city limits of the City of Flagler Beach or unincorporated Flagler County.

(b)

For the purposes of determining the minimum distance separation requirement, distance shall be measured by following a straight line from the nearest outer property line of the permanent residence or temporary residence to the nearest outer property line of the school, day care center, public park, playground (such as miniparks and recreational open spaces), library or religious institution.

(c)

A person residing within two thousand five hundred (2,500) feet of any school, day care center, public park, playground (such as miniparks and recreational open spaces), library or religious institution does not commit a violation of this article if any of the following apply:

(1)

The person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21, 943.0435 or 944.607 prior to August 1, 2005.

(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, public park, playground (such as miniparks and recreational open spaces), library or religious institution was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. § 775.21 943.0435 or 944.607.

(Ord. No. 2005-21, § 3, 8-25-05)