Subject:
Title
Legislative Intent and Permission to Advertise an Amendment to Section 74-102, Brevard County Code of Ordinances
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Fiscal Impact:
Cost of enforcement as well as staff time necessary to create and maintain registry (minimal)
Dept/Office:
District 3
Requested Action:
Recommendation
Approval of legislative intent and permission to advertise amendments to County Code regarding sexual offenders and sexual predators, in order to close the private park and playground loophole.
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Summary Explanation and Background:
Currently, Sec. 74-102 of Brevard County Code of Ordinances states, in part, that "no sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, daycare center, park or playground. . ." Meanwhile, Sec. 74-101 defines park as "a publicly owned or operated area used or available for the public's use as a recreational facility. . ."
This definition is substantially different from the definition of parks used in this context in Florida Statute. Fla. Stat. Sec. 775.215 defines park as "all public and private property specifically designated as being used for recreational purposes and where children regularly congregate."
The limitation in County Code to publicly owned or operated areas is increasingly critical. A growing number of private entities are operating in the market-space of child recreation. As such, it is suggested that the Board consider options to close this loophole.
As such, it is suggested that the Board create a registry for businesses to opt-in. As part of the process to be included on this registry, a private business would certify that the business is a place where children regularly congregate and a primary aspect of its business involves recreation.
It could accomplish this by creating a new subsection of code in Sec. 74-102(b) establishing a registry of businesses who choose to restrict sexual offenders and sexual predators from coming wi...
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