775.215 Residency restriction for persons convicted of certain sex offenses.—
(1) As used in this section, the term:
(a) “Child care facility” has the same meaning as provided in s. 402.302.
(b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.
(c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.
(d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 but does not include facilities dedicated exclusively to the education of adults.
(2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
(3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
...*875 [[Image here]] Comment This instruction was adopted in 2012, The 3-year minimum mandatory sentence for actual possession of a firearm does not apply because this crime is not listed in § 775.087(2) Fla. Stat. Potter v. State, 997 So.2d 1215 (Fla. 1st DCA 2008). 11.17 UNLAWFUL RESIDENCY BY A SEX OFFENDER § 775.215(2) & (3), Fla....
...should be (preponderance, clear and convincing, beyond a reasonable doubt). See the opinions in Dixon v. United States, 518 U.S. 1 , 126 S.Ct. 2137 , 165 L.EdM 299 (2006) for guidance. Give if applicable and provide a special verdict. See Fla. Stat. 775.215(2)(b)....
...ble doubt that the conviction for Fla. Stat. [794.011] [800.04] [827.071] [847.0135(5) ] [847.0145] was classified as a felony of the [first degree or higher] [second or third degree]. Give if applicable and provide a special verdict. See Fla. Stat. 775.215(8)(b)....
...We decline to address all other issues Calderon raised in this appeal, as we conclude that they are meritless. Therefore, we affirm the trial court’s order denying Calderon’s motion to live in the home where his wife presently resides. Affirmed. . On May 26, 2010, this section was renumbered. See § 775.215, Fla....
Published | Court of Appeals for the Eleventh Circuit
...tody” for purposes of § 2254(a). But he also argues for the first time
that he is “in custody” in part due to the separate residency re-
strictions imposed by his sex offender status and by state and local
laws. See, e.g., Fla. Stat. § 775.215(2)(a) (stating that a sex offender
may not reside within 1,000 feet of any school, childcare facility,
park, or playground); Lee County, Fla., Ordinance No....
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