§ 47-3. Exceptions.

(a)

A residence restricted sexual offender residing within 2,500 feet of any school, day care center, or public park does not commit a violation of this section if any of the following apply:

(1)

The residence restricted sexual offender established a residence and registered said residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to the effective date of this article. The residence restricted sexual offender shall not be deemed to have established a residence or registered said residence for purposes of this section, if the residence is an illegal multi-family apartment unit, an illegal multifamily use, or incident to a non-residential use or operation within a neighborhood zoned for single family residential use or if the residence is an illegal dwelling in any zoning district.

(2)

The residence restricted sexual offender was a minor when he or she committed the sexual offense and was not convicted as an adult.

(3)

The school, day care center, or public park was opened after the residence restricted sexual offender established the residence.

(4)

The residence restricted sexual offender is residing in a hospital, nursing home, assisted living facility or similar institutional arrangement due a medical, mental or physical condition or disability provided the residence restricted sexual offender is not at liberty to make unsupervised trips from the facility while in residence. For the purposes of this section, the term "condition or disability" shall not be construed to be a sexual condition or dysfunction which contributed to, or resulted in, commission of a sexual offense. Facilities offering defined courses of treatment or therapy for sexual offenders shall be considered a rehabilitation facility and not an institution for which an exemption is provided under this section.

(b)

The exceptions afforded by section 47-3(a)(1) and (3) herein shall not apply to a residence restricted sexual offender who is convicted of a subsequent sexual offense as an adult after residing at a registered residence within 2,500 feet of a school, child care facility, or public park.

(Ord. No. 2006-08, § 1, 11-21-06)