§ 46-64. Exceptions.

This article shall not apply if any of the following apply:

(1)

The person established the permanent residence or temporary residence, and reported and registered pursuant to F.S. § 775.21, 943.0435 or 944.607, prior to January 22, 2014, and has since then continually maintained residency at the subject location.

(2)

The child care facility, park, playground or school was opened after the person established the permanent residence or temporary residence and reported and registered pursuant to F.S. § 775.21, 943.0435 or 944.607, and the person has subsequently continually maintained residency at the subject location.

(3)

The person was convicted within the State of Florida for violation of F.S. § 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance by a child), 847.0135(5) (sexual acts transmitted over computer) or 847.0145 (selling or buying of minors for portrayal in sexually explicit conduct) prior to January 22, 2014.

(4)

The person was convicted outside of the State of Florida for a violation similar to F.S. § 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance by a child), 847.0135(5) (sexual acts transmitted over computer) or 847.0145 (selling or buying of minors for portrayal in sexually explicit conduct) prior to January 22, 2014.

(5)

The person was a minor when he/she committed the offense and was not convicted as an adult.

For the purpose of this section, any person incarcerated for 30 or more consecutive days shall be considered to have abandoned any previously established residency and shall no longer be eligible for an exception requiring residency to be continually maintained.

(Ord. No. 2014-5, § 2, 1-22-2014; Ord. No. 2015-22 , § 2, 6-2-2015)