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.

Ordinance 2638-05 (this is .pdf file and will require Acrobat 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 discretion.

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.

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 offense);
• 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 felony);
• 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 (life felony).

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 explicit conduct.

"Second" Offenses

All the previously listed Chapter 794 offenses PLUS

• 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 injury; or
• Attempts of, solicitations of, or conspiracy to commit first degree or higher Chapter 794 offenses

• 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 16 years.
• 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 offense,

AND

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 is later.

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 purpose.
• 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 conduct.
• Distribution of obscene materials to minors under the age of 18.

Source: Florida Department of Law Enforcement