PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE PROVIDING FOR RESIDENTIAL AND OTHER RESTRICTIONS ON SEXUAL OFFENDERS AND SEXUAL PREDATORS
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EXECUTIVE SUMMARY:
executive summary
This agenda item concerns the approval of an ordinance providing for residential and other restrictions on sexual offenders and sexual predators.
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DEPARTMENT: County Attorney
PREPARED BY: Name: David Arthur
Title: Senior Assistant County Attorney
REQUESTED BY: Martin County Sheriff's Office
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
This agenda item concerns the approval of an ordinance providing for residential restrictions on sexual offenders and sexual predators (collectively "sexual offenders") that would apply to the incorporated and unincorporated areas of Martin County.
Pursuant to Article 8, Section 1(f) of the Florida Constitution concerning non-charter counties such as Martin County, the Board may enact ordinances applying not only to the unincorporated areas but also to incorporated areas, so long as the ordinance is not in conflict with a municipal ordinance, in which case the ordinance shall not be effective within the municipality to the extent of such conflict. Further, the Board is authorized to (i) adopt ordinances necessary for the exercise of its powers, (ii) prescribe fines and penalties for the violation of ordinances in accordance with law, (iii) perform any other acts not inconsistent with law, which acts are in the common interest of the people of the County, and (iv) exercise all powers and privileges not specifically prohibited by law. Sections 125.01(1)(t) and (w), Florida Statutes.
The Florida Legislature has found and determined that the protection of the public from sexual offenders, particularly those who have committed offenses against minors, is a paramount governmental interest. Section 944.606(2), Florida Statutes. Accordingly, the Legislature has enacted statut...
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