SEXUAL OFFENDERS AND SEXUAL PREDATORS

Cape Coral Code of Ordinances ch. 12, art. VIII

in effect

Cape Coral Code of Ordinances § 12-87 Findings and intent.

§ 12-87 - Findings and intent. (a) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders have used physical violence and repeated their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (Ord. 21-07, 2-26-2007)

Cape Coral Code of Ordinances § 12-88 Definitions.

§ 12-88 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. CONVICTED. 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, control release or incarceration in a state prison, federal prison, private correctional facility or local detention center. PARK. For purposes of this article, park shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended, and shall include playgrounds. PERMANENT RESIDENCE. A place where the person abides, lodges or resides for five or more consecutive days. Once established, PERMANENT RESIDENCE continues so long as the person abides, lodges or resides at the same address on a continuous basis. The expiration and immediate renewal of a lease or other periodic tenancy for occupancy at the established permanent residence shall not interrupt the permanent residence status so long as the renewal occurs immediately upon expiration of the lease or other periodic tenancy. PLAYGROUND. For purposes of this article, playground shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended. SCHOOL. For purposes of this article, school shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended, and shall include child care facilities. CHILD CARE FACILITY shall include a "child care facility", as defined in F.S. § 402.302(2), a "family day care home", as defined in F.S. § 402.302(8), and a "large family child care home", as defined in F.S. § 402.302(11), all as may hereafter be amended. TEMPORARY RESIDENCE. A place where the person abides, lodges or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address, or for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation or is enrolled as a student for any period of time in this state. (Ord. 21-07, 2-26-2007; Ord. 58-16, § 1, 12-5-2016)

Cape Coral Code of Ordinances § 12-89 Sexual offender and sexual predator residence prohibition; penalties; exceptions.

§ 12-89 - Sexual offender and sexual predator residence prohibition; penalties; exceptions. (a) It is unlawful for any person who has been convicted of a violation or attempted violation of F.S. § 794.011, 800.04, 827.071, 847.0135(5), or 847.0145 in which the victim of the offense was less than 16 years of age, or convicted of any felony sexual offense in any state in the United States in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to establish a permanent residence or temporary residence within 2,500 feet of any school or park. (b) It is unlawful for any person who is required to register as a sexual predator under the laws of the State of Florida, to establish a permanent residence or temporary residence within 2,500 feet of any school or park. (c) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the nearest point on the property line of the parcel of land on which the permanent residence or temporary residence is located to the nearest point on the property line of the parcel on which the school or park is located. (d) A person who violates this section shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days, or by both the fine and imprisonment; for a second or subsequent conviction of a violation of this section, the person shall be punished by a fine not to exceed $1,000 or imprisonment in the county jail not more than 12 months, or by both the fine and imprisonment. (e) A person residing within 2,500 feet of any school or park does not commit a violation of this section if any of the following apply: (1) The person established the permanent residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to the effective date of this section; (2) The person was a minor when he or she committed the offense and was not convicted as an adult; (3) The person is a minor; or (4) The school or park within 2,500 feet of the person's permanent residence or temporary residence was opened after the person established the permanent residence and the residence was reported and registered pursuant to F.S. §§ 775.21, 943.0435 or 944.607. (Ord. 58-16, § 2, 12-5-2016) (Ord. 21-07, 2-26-2007)

Cape Coral Code of Ordinances § 12-90 Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties.

§ 12-90 - Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (a) It is unlawful to let or rent any place, structure or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing the permanent residence or temporary residence pursuant to this article, if the place, structure or part thereof, trailer or other conveyance, is located within 2,500 feet of any school or park. (b) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures provided in § 2-81 through 2-96 of the City of Cape Coral Code of Ordinances including, but not limited to, any and all provisions that allow the city to seek relief as otherwise provided by law. (Ord. 58-16, § 3, 12-5-2016) (Ord. 7-06, 1-30-2006; Ord. 21-07, 2-26-2007)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTVIIISEOFSEPRFetched: 11/4/2026