Sexual offender and sexual predator residence prohibition; penalties; exceptions.
Cape Coral Code of Ordinances § 12-89
in effect§ 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)
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_ARTVIIISEOFSEPR_S12-89SEOFSEPRREPRPEEXFetched: 11/4/2026