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<br />ORDINANCE NO. 2005- 2. 3\ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, ENTITLED "SEXUAL <br />OFFENDERS AND SEXUAL PREDATORS," PROVIDING <br />FOR FINDINGS AND INTENT; PROVIDING FOR <br />DEFINITIONS; PROHIBITING SEXUAL OFFENDERS <br />CONVICTED OF CRIMES UNDER CERTAIN FLORIDA <br />STATUTES FROM LIVING WITHIN 2,500 FEET OF <br />SPECIFIED LOCATIONS WITHIN THE CITY OF SUNNY <br />ISLES BEACH; PROVIDING FOR PENAL TIES; PROVIDING <br />FOR EXCEPTIONS FOR CERTAIN CONVICTED SEXUAL <br />OFFENDERS; PROVIDING FOR INCLUSION IN THE CODE; <br />PROVIDING FOR REPEALER; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission of the City of Sunny Isles Beach are deeply concerned <br />about the numerous recent occurrences in our state and elsewhere, whereby convicted sex offenders <br />who have been released from custody repeat the unlawful acts for which they had originally been <br />convicted; and <br /> <br />WHEREAS, the City Commission finds that recidivism rate for released sex offenders is <br />alarmingly high, especially for those who commit sex crimes on children; and <br /> <br />WHEREAS, the City is becoming an increasingly attractive place of residence for younger <br />families with small children; and <br /> <br />WHEREAS, the City Commission desires to establish policy which provides the maximum <br />protection of the lives and persons in the City of Sunny Isles Beach; and <br /> <br />WHEREAS, Section 794.065 and 947.1405, Florida Statutes, provide for one thousand <br />(1,000) foot residence prohibitions from specified locations for certain sexual offenders and sexual <br />predators; and <br /> <br />WHEREAS, Article VIII, Section 2(b), Florida Constitution and Section I 66.021, Florida <br />Statutes, provide the City authority to protect the health, safety, and welfare of its residents; and <br /> <br />WHEREAS, the United States Eighth Circuit Court of Appeals recently issued an opinion in <br />the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005), in which the Court upheld <br />similar residency restrictions contained in the State oflowa Statutes, and found the restrictions to be <br />constitutional; and <br /> <br />WHEREAS, the City Commission of the City of Sunny Isles Beach finds that creating <br />Chapter 15 entitled "Miscellaneous Offenses," is in the best interest of the citizens of the City. <br /> <br />U :\LEGISTLA TION\Ordinances\2005\Sexual Predator Ordinance. doc <br /> <br />Page 1 of 4 <br />