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Miami-Dade's Sex Offender Ordinance

Miami-Dade County has one of the most restrictive sex offender ordinances nationwide. Passed in 2005, the stated goal of the ordinance is to “[prohibit] sexual offenders and sexual predators convicted of certain crimes from living within 2,500 feet of specified locations within Miami-Dade County.”

Those locations include schools, parks, and child care facilities.

For purposes of the ordinance, it does not matter whether you have been convicted (adjudicate) or whether adjudication has been withheld.

The ordinance forbids those convicted of sexual offenses, such as lewd and lascivious molestation, conduct, battery, and sexual battery, from living within 2,500 feet of schools, parks, or child care facilities.

The exceptions to this ordinance are that the offender may continue to reside in his or her home if they have resided there since before the ordinance was enacted in 2005. That means that if you have lived in your home in Miami-Dade County since 2004 and pleaded guilty to a sex crime in 2013, you will not have to move. If you have lived in your home since 2006 and pleaded guilty to a sex crime in 2013, you will likely have to move.

The ordinance also does not apply to juveniles convicted of sexual offenses (as long as they are not convicted as an adult).

The ordinance also does not apply to schools, parks, or child care facilities that opened after the offender established the residence.

A sex offender or predator in violation of this ordinance can be charged with a first-degree misdemeanor, punishable by a maximum of 364 days in jail. If on probation for their sex offense, violation of this ordinance would constitute a probation violation.

It is a second-degree misdemeanor and violation of this ordinance for somebody to knowingly rent property to a sex offender or predator in violation of this ordinance.

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