§ 48-2. Definitions.

(a)

For the purposes of administration and enforcement of this section, unless otherwise stated, the term:

(1)

"Permanent residence" means a place where the person abides, lodges, or resides for five or more consecutive days.

(2)

"Restricted sexual offender" means a person:

a.

Convicted of a felony violation of any statute listed in F.S. § 943.0435(1)(a)1.;

b.

Convicted of any similar offense committed in this state that has been redesignated from a former statute number to one of those listed in F.S. § 943.0435(1)(a)1.; or

c.

Convicted of any similar offense in another jurisdiction that would be a felony if committed in this state, where the victim of the offense was under the age of 18 at the time of the offense and the offender was 18 years of age or older at the time of the offense, or the offender was under the age of 18 at the time of the offense and was prosecuted as an adult; or

d.

Adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, on or after July 1, 2007, a violation of F.S. § 794.011, excluding F.S. § 794.011(10); F.S. § 800.04(4)(b) where the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion; F.S. § 800.04(5)(c)1. where the court finds molestation involving unclothed genitals; or F.S. § 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals; and when the juvenile was 14 years of age or older at the time of the offense.

(3)

"Sexual predator" means a person designated as such pursuant to the criteria established in F.S § 775.21(4) and F.S. § 775.21(5).

(4)

"Temporary residence" means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address, or for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.

(5)

"Transient residence" means a place where a person lives, remains, or is located for a period of five or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.

(6)

"Within 2,500 feet" means a distance that shall be measured in a straight line from the outer boundary of the real property upon which the residential dwelling unit of the restricted sexual offender or sexual predator is located to the nearest outer boundary of a school, daycare center, park, playground or other place where children regularly congregate. The distance may not be measured by a pedestrian route or automobile route, but instead shall be measured as the shortest straight line between the two points without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, under those circumstances in which the residential dwelling unit of the restricted sexual offender or sexual predator is within a cooperative, condominium or apartment building, the parcel of real property described in this paragraph shall consist of the parcel or parcels of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender is located.

(Ord. No. 24-2008, § 1, 7-7-2008; Ord. No. 26-2011, § 1, 10-17-2011)