City of Winter Park's Sexual Offender
and Predator Ordinance
On July 25, 2005, the City of Winter
Park enacted an ordinance relating to the residences of sexual offenders.
To view this new ordinance, please use the link provided below.
This link will open the file in a separate browser window.
2638-05 (this is .pdf file and will
Reader plug in)
Florida's Sexual Predator's Act
The Florida Sexual Predator Act states that all Sexual
Predators, who committed their offense on or after October 1, 1993,
are subject to mandatory community notification and registration
requirements. The legislation also states that sexual offenders
released from from any sanction of the court or from the care, custody
and control of the Florida Department of Corrections on or after
October 1, 1997, are subject to community notification at the discretion
of the Chief or Sheriff of a jurisdiction.
Sex offenders are defined in legislation
by their conviction of certain enumerated sex offenses. While law
enforcement is not mandated to notify the community on sex offenders,
police chiefs and sheriffs may release criminal history information
on sex offenders, and notify the public of that information at their
Additionally, both sexual predators
and offenders must register with the state or local Sheriff, and
the Florida Department of Safety & Motor Vehicles within 48
hours of release from prison or any change of address.
For further information and a listing
on known sexual predators and sex offenders, in Florida, can be
found by reviewing the Florida Department of Law Enforcement's Sexual
Offenders and Predators website The website is located at http://offender.fdle.state.fl.us/offender/homepage.do.
Florida Department of Law Enforcement (FDLE) Sites
You can use this web site to search for
offenders classified as sexual predators and sexual offenders
under Florida law because of a conviction for a sex-related
crime and/or a specified crime against children.
You can use this web site to subscribe for
an e-mail alert in the event that an offender or predator
moves close to any address in Florida you choose to monitor.
For example, your home, workplace, school, daycare, etc.
What constitutes a Sexual Predator?
There are two ways a person can
be qualified and designated as a "sexual predator" in
the state of Florida and, therefore, be required to comply with
Florida’s sexual predator registration laws: One way is to
commit (on or after 10/1/93) one of the several "one is enough"
sexual predator offenses. The other way is to commit a "second
offense" sexual predator offense (committing a listed sexual
offense after having been previously been found to have committed
certain other listed sexual offenses.)
"One Is Enough" Offenses
Any capital, life, or first degree
felony violation of Chapter 794, (or of a similar
law of another jurisdiction) these include;
- Sexual battery (or attempted
sexual battery that causes injury of sexual organs) by person
18 years or older upon victim less than 12 years of age (capital
- Sexual battery (or attempted sexual battery
that causes injury of sexual organs) by person less than 18
years of age upon victim less than 12 years of age (life felony);
- Sexual battery upon person 12 years of age
or older without victim’s consent and use of deadly weapon
or physical force likely to cause serious personal injury (life
- Sexual battery upon person 12 years of age
or older without victim’s consent when victim is physically
helpless to resist, when victim is coerced by threat of force
or violence and victim reasonably believes the offender has
ability to execute the threat (first degree felony);
- Sexual battery by reason of non-consent administration
of narcotic, anesthetic, or intoxicating substance which mentally
or physically incapacitates the victim (first degree felony);
- Sexual battery upon a victim known by offender
to be mentally defective (first degree felony);
- Sexual battery upon victim who is physically
incapacitated (first degree felony);
- Sexual battery by a law or correctional officer
with control over the victim (first degree felony);
- Sexual battery by person of familial or custodial
authority to person who is 12 years of age or older but less
than 18 years of age (first degree felony);
- Sexual battery by a person of familial or custodial
authority to a person who is under 12 years of age, or attempted
sexual battery which causes injury to the sexual organs of victim
Or Violation of F.S.S. 847.0145
- Selling or transfer of custody of minors by
parents or guardians knowing the minor will be portrayed in
a visual depiction of sexually explicit conduct.
- Purchasing of minors with knowledge that the
minor will be portrayed in a visual depiction of sexually
All the previously listed Chapter 794 offenses
- Sexual battery upon person
12 years of age or older without consent of victim and not
using physical force or violence likely to cause serious personal
- Attempts of, solicitations
of, or conspiracy to commit first degree or higher Chapter
- Use of or promotion of age less
than 18 years of age in a sexual performance with intent to promote
depiction. (Mere possession of such depictions is a third degree
felony and is not included in the sexual predator definition.)
- Previously convicted of sexual
battery upon a victim less than 12 years of age, forcible sexual
battery upon a person 12 years or older, solicitation to engage
in or actual sexual battery by a person in familial or custodial
control of a victim 12 years or older.
- Lewd, lascivious, or indecent
assault or act upon, or in presence of a child under the age of
- Sexual performance by a child
under 18 years.
- Selling, renting, loaning, giving
away, distribution, transmitting, or displaying obscene material
to a minor under the age of 18.
- Selling or buying of minors.
AND the "prior felony" resulted in a
conviction or sentence or adjudication of delinquency entered
separately, prior to the current offense.
HOWEVER, a previous offense will NOT be considered
a "prior felony" for purposes of designating a sexual
predator if the "prior offense"--
Was committed more than 10 years before the primary
The offender has not been convicted of any other
crime for a period of 10 consecutive years from the most recent
date of release from confinement, supervision or sanction, whichever
What constitutes a Sex Offender?
A sex offender is a person who is convicted of committing,
attempting, conspiring or soliciting to commit any of the following
crimes involving a child victim, and who is released on or after
October 1, 1997 from the sanction imposed by reason of conviction
of his or her sex offender offense.
- Any Florida
Statute Chapter 794 offense
- Luring or enticing a child under the age of 12
into a structure, dwelling or conveyance for other than a lawful
- Sexual performance by a child of less than 18
years of age.
- Procuring a person under the age of 18 for prostitution.
- Lewd, lascivious, indecent assault or act upon
or in presence of child under the age of 16.
- Computer pornography involving a minor.
- Selling or buying of minors for sexually explicit
- Distribution of obscene materials to minors
under the age of 18.
Source: Florida Department of Law Enforcement
Any inquiries about sex offenders in the City of Winter Park can be directed to Officer Liza Cieszynski at email@example.com or 407-599-1621.