Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-68, Public Hearing, Approve Amending Chapter 131, Sexual Offenders and Sexual Predators of the Code of Ordinances
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Submitted By: John A. Bolduc, Chief of Police
Strategic Plan Link: The City's Goal of safe, clean, and beautiful.
Executive Summary (General Business): The City of Port St Lucie, Florida (“City”) desires to update Chapter 131, Sexual Offenders and Sexual Predators of the Port St. Lucie Code of Ordinances (“Code”) to update the current ordinance and to aid in protecting the citizens of Port St Lucie.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve the revisions to Chapter 131 Code of Ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve to amend Chapter 131.
2. Move that the Council provide staff direction on the recommended revisions to Chapter 131 Code of Ordinances.
Background: The City of Port St. Lucie’s Chapter 131 Ordinance, is outdated and lenient compared to other local municipalities. Our city has a 1,000 feet restriction for Sexual Offenders and Sexual Predators, and only mandates a handful of Offenders and Predators to adhere to stricter residency requirements of 2,500 feet. However, St. Lucie and Martin Counties restrict all Sex Offenders from residing within 2,500 feet of a school, park, or daycare. Therefore, PSLPD would like to mirror St. Lucie and Martin Counties by implementing tighter restrictions by not allowing Sexual Offenders and Sexual Predators to establish a permanent residence or temporary residence within 2,500 feet of any public or private elementary, middle, or secondary school, park, or registered or licensed child care facility.
Furthermore, Chapter 131 unintentionally omits out of state residents who are convicted Sexual Offenders and Sexual Predators and either relocates or visits the City of Port St. Lucie. It is imperative that all Sexual Offenders and Sexual Predators shall adhere to the restrictions set forth in the updated Ordinance.
Issues/Analysis: The Port St. Lucie Police Department has concerns with the City Ordinance, Chapter 131, needing revisions in its verbiage to reflect tougher restrictions for the Sexual Offenders and Sexual Predators. Currently, the City Ordinance specifies subjects convicted of four of the 23 possible charges must not reside within 2,500 feet of a school, park, or daycare, which goes above the Florida requirement of 1,000 feet.
Convictions are a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private prison, or local detention facility.
As technology progressed, there has been an increase in Sexual Offenders and Sexual Predators being convicted of internet-based crimes such as luring or enticing a child or possession of computer pornography, which are not covered in the current edition. The PSLPD proposes that any offender required to register as a Sexual Offender or Sexual Predator and convicted of any of the 23 potential charges will have to comply with the minimum distance of 2,500 feet.
Additionally, the current Ordinance does not specify regulations for offenders who were convicted of out of state charges. The PSLPD proposes an addition that clarifies any conviction requiring to register as Sexual Offender or a Sexual Predator, regardless of state or federal conviction, must comply with the 2,500 feet minimum distance.
Financial Information: N/A
Special Consideration: N/A
Location of Project: N/A
Attachments:
1. Chapter 131-Sexual Offenders and Sexual Predators Proposed Ordinance.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8537
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.