§ 47-1. Definitions.  


Latest version.
  • The following terms and phrases when used in this article shall have the meanings ascribed to them in this section unless the context otherwise requires:

    Child or children means any person(s) less than 16 years of age.

    Child care facility means day nurseries, child care centers and family day care homes licensed by the State of Florida Department of Children and Families.

    Convicted or conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A "conviction for a similar offense" includes, but is not limited to: a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A "sanction" includes, but is not limited to, a fine, probation, community control, parole, conditional release, controlled release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.

    Legal guardian or guardian shall mean biological or adoptive parent of a child registered at a child care facility or a person who is responsible for the care and maintenance of said child by written consent of the biological or adoptive parent or pursuant to Florida Statutes or similar laws of another jurisdiction.

    Public park means a county park as defined by section 42-31(2) of this Code but excludes county offices, courthouse, jail, and judicial center.

    Permanent residence means a place where a person abides, lodges, or resides for five or more consecutive days.

    Reside or residence means to have a place of permanent residence or temporary residence.

    Residence restricted sexual offender means a person designated as a sexual offender as defined by section 47-1(10) herein who has committed a sexual offense as defined by section 47-1(11) herein, or a sexual predator as defined by F.S. § 775.21.

    School means a public or private kindergarten, elementary, middle or secondary (high) school together with any school recreational facilities whether or not contiguous to school buildings.

    Sexual offender shall have the meaning ascribed to such term in F.S. § 943.0435.

    Sexual offense means a conviction under F.S. § 800.04 (lewd and lascivious acts on/in presence of persons under age 16), F.S. § 827.071 (sexual performance by a child), F.S. § 847.0145 (selling or buying of minors for portrayal in sexually explicit conduct) or F.S. § 794.011 (sexual battery) excluding F.S. § 794.011(10), regardless of whether adjudication has been withheld, or a similar law of another jurisdiction, in which the victim of the offense was less than 16 years of age.

    Temporary residence means a place where the person abides, lodges, or resides for a period of five or more days in the aggregate during any calendar year.

(Ord. No. 2006-08, § 1, 11-21-06)