FL- Ordinance targets sex offenders

One begins to wonder if there is a sane lawmaker in Florida..

3-26-2009 Florida:

Movements would be restricted

A sweeping new ordinance passed this week restricts the movements within Lee County for anyone convicted of a sexually motivated offense.

Under the Child Safety Zone Ordinance, registered sexual offenders and sexual predators will not be allowed to remain within 300 feet of day cares, school bus stops, video arcades, zoos, amusement parks, schools, parks, YMCA, YWCA, campgrounds, beaches and other places where children regularly congregate.

But it's not limited to those locations, and can include even transient places where children gather, such as carnivals or festivals.

It's not meant to interfere with an offender or predator's ability to participate in the activities of their own children, or their ability to attend religious services, conduct business within the government or attend school if he or she is a minor.

The matter passed unanimously without discussion at Tuesday's commission meeting.

It applies everywhere in the county, and anyone who violates the ordinance would be slapped with a $500 fine.

Sen. Dave Aronberg, D-Greenaces, supports the ordinance and hopes someday a state law will be passed. His attempts to pass one have failed.

"Law enforcement has run ragged trying to enforce hundreds of different, often conflicting, ordinances throughout the state," said Aronberg, whose district includes part of Lee County. "This way we can better protect our children and there's no confusion."

According to the Florida Department of Law Enforcement, there are more than 230 registered sex offenders and predators in Fort Myers alone. And there are more than 46,000 statewide, according to the ordinance.

Sheriff Mike Scott initiated the statute, and was pleased with its passage.

"We're very happy about it," he said. "It better identifies places that would have otherwise fallen through the cracks."

He said it should go into effect as soon as it's filed, within the next 30 days.

County attorney Greg Hagen said private businesses do not have to give permission for the ordinance to apply, though they are encouraged to report loitering offenders in their facility. That means offenders and predators would have to steer clear of McDonald's playgrounds and Chuck-E-Cheeses or any other child-oriented business.

Under Florida law, sex offenders are those who have been convicted of a sexually motivated offense, which can range from statutory rape to sexual battery. Sexual predators, on the other hand, are considered the more serious offenders, whose crimes range from habitual offenses to the rape of children.

The ordinance applies to both groups.

There are exceptions, though. It doesn't apply in cases of:

- A single trip while passing or en route to another destination.

- Religious services.

- Traveling to or being at a government building to conduct official business.

- The offender or predator's place of residence, as long as they are in compliance with state laws.

- An offender or predator who is at a voting facility.

- An offenders or predator younger than 18 who is enrolled in school.

- For all activities involving the offender or predator's own children.

Still, even in those cases, the ordinance stipulates the offender or predator can't "remain or loiter any longer than is necessary to accomplish the task."

Commissioner Tammy Hall said the ordinance was not meant to restrict the rights of offenders, but to protect children.

"We have plenty of parks that don't have playgrounds or recreational components geared toward underage children," Hall said. "There are plenty of places where people who are offenders can go. This is about trying to find that balance of protecting our children and protecting peoples' rights - they have served their time, are back in the community, trying to make a life for themselves."

Several offenders and predators contacted Wednesday declined to comment. ..News Source.. by Rachel Myers