§ 111-33. Sexual predators and sexual offenders notification and registration requirements.

(a)

Duties of each sexual predator and/or sexual offender. Each individual who is required by Florida law, or by the law of that individual's state of residency in the United States, or by any applicable law of the Government of the United States or any agency thereof, to register in Collier County as a sexual predator or sexual offender and that individual intends to evacuate to any shelter irrespective of the shelter's location (in or out-of-state), the "notifying individual" shall:

(1)

Before evacuating to any shelter whatsoever, shall telephone or otherwise verbally or personally notify the staff member in the Collier County Sheriff's Office Sex Offender Unit, designated as the "sex offender/predator unit investigator" of: (a) The notifying individual's full name, date of birth, social security number and permanent registered residential address, if any. If the notifying individual has no residence address in Collier County, the notifying individual shall inform the unit's staff member of the exact physical location of his or her place of residence, including if applicable, any vehicle, vessel, or other similar or dissimilar thing used by the notifying individual as a residence; and/or means of transportation (b) the name of and the physical location of the individual's selected any shelter, including that shelter's street address, (c) explain how member(s) of the Collier County Sheriff's Sex Offender/Predator Unit can readily communicate with the notifying individual while the notifying individual is at that any shelter, (d) answer any questions asked by the Collier County Sheriff's Sex Offender/Predator Unit's personnel then communication with the notifying individual, (e) complete any forms as required by the respective unit; and (f) obey instructions given to the notifying individual by the unit's law enforcement personnel. This notice provision applies anew whenever the sexual predator or sexual offender vacates any shelter to re-evacuate to any other shelter. If all then available telephone systems used to normally communicate with the Collier County Sheriff's Office's Sex Offender/Predator Unit are not operating, the notifying individual shall as soon as possible telephone the Collier County Sheriff's Office at their published "non-emergency" telephone number, [phone]; and/or personally make contact with a law enforcement deputy to advise them of the location and all contact information required by this subsection.

(2)

After notifying the Collier County Sheriff's Office Sex Offender/Predator Unit as required, as specified above, the notifying individual may thereafter evacuate only to the shelter that the notifying individual reported to the sheriff's sex offender/predator unit as required by subsection (1), above.

(3)

Notice requirements at a sexual predator or sexual offender shelter. If a sexual predator or sexual offender evacuates (and/or re-evacuates) to a sexual predator/sexual offender shelter, upon the respective notifying individual's arrival at such shelter the notifying individual (a) shall immediately notify a law enforcement officer, if any, then on duty at the shelter, and if a law enforcement officer is not then present and on-duty at that shelter, shall seek out and immediately notify an adult individual who is authorized to be operating that shelter, that the reporting individual is a sexual predator and/or a sexual offender; (b) shall complete and sign the shelter's log-in sheet with his/her full and correct name; (c) shall complete and sign all registration forms required at the shelter, and (d) shall immediately deliver such completed forms to that law enforcement officer (or to that individual operating that shelter).

(4)

Notice requirements at a temporary emergency shelter that is not a sexual predator or sexual offender shelter. If a sexual predator or sexual offender evacuates (and/or re-evacuates) to any temporary emergency shelter that is not a designated sexual predator or sexual offender shelter, that reporting individual, upon arrival at the shelter, shall immediately seek out and notify a law enforcement officer, if any, then at the shelter, or if a law enforcement officer is not then present at that shelter, he or she shall immediately seek out and immediately give notice to an adult individual authorized to be operating that shelter, that the reporting individual is a sexual predator and/or a sexual offender. In the absence of a law enforcement officer then present at that shelter, the individual operating said shelter shall as soon as possible notify law enforcement personnel of the presence of the individual identified as a sexual predator and/or sexual offender. Law enforcement personnel then on duty at the temporary emergency shelter, or responding to the temporary emergency shelter, shall either assign each such arriving sexual predator or sexual offender to the designated sexual predator or sexual offender shelter, or in exigent circumstance or as an alternative, promptly assign such individual to a specific secure and separate physical location, if any exists, within the temporary emergency shelter (that is not a sexual predator or sexual offender shelter) that has been set aside to house such sexual predators and sexual offenders. Each sexual offender and/or sexual predators who evacuates to any temporary emergency shelter shall fully comply with the requirements of subsection (a)(3) above, exactly the same as if that shelter is a sexual predator or sexual offender shelter. All of these reporting, notice and other sexual predator and/or sexual offender duties shall immediately apply anew whenever the respective sexual predator and/or sexual offender decides to evacuate to any other temporary emergency shelter in Collier County. Each such sexual predator and/or sexual offender shall immediately seek out and immediately notify a law enforcement officer and/or operating employee at the prior shelter that he or she is evacuating to another shelter, including the name and the complete street address of such any other shelter. A sexual predator and/or sexual offender assigned to a specific, secure and separate location within a temporary emergency shelter shall not enter any other area of the temporary emergency shelter except after expressed permission from, and being physically accompanied by, a law enforcement officer, an authorized temporary emergency shelter employee, or authorized volunteer at that shelter. Family member(s) and/or other individuals accompanying the sexual predator or sexual offender, including his or her visitors, to a temporary emergency shelter, shall not go into any area designated to house or secure sexual predators and/or sexual offenders.

(5)

All sexual predators and sexual offenders shall adhere to and comply with all temporary emergency shelter intake processes, rules and regulations that apply to other individuals physically present in the respective shelter (except those that apply only to employees and/or volunteers), and shall adhere to and comply with all directions and all instructions given by those charged with their care, custody and control.

(6)

All sexual predators and all sexual offenders shall adhere to and comply with all applicable Florida Statutes governing their duties to report any change in his or her "temporary residence" which, as applied to sexual predators, as defined in F.S. § 775.21(2)(g), to be: "a place where the person abides, lodges, or resides for five or more consecutive days" or his or her "permanent residence," which is defined in F.S. § 775.21(2)(f), as "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 [Florida], a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state." As applied to sexual offenders, F.S. § 943.0435(3)(c), reads: "Permanent residence" and "temporary residence" have the same meaning ascribed in F.S. § 775.21."

(7)

No sexual predator or sexual offender shall work in any capacity, nor volunteer in any capacity, with regard to any temporary emergency shelter, whether or not for any compensation.

(8)

Each sexual predator or sexual offender shall depart from a temporary emergency shelter immediately upon being instructed to do so by any law enforcement officer.

(b)

Designation of temporary emergency shelters. The Collier County Sheriff, in conjunction with the Collier County Emergency Management Department, may designate all or specified parts of public buildings, jails, or other correctional facilities as temporary emergency shelters, to which sexual predators and sexual offenders may evacuate. No portion or area within a Collier County public school, or within any private school, shall be designated as a sexual predator or sexual offender shelter. This article does not require that these shelters comply with any Red Cross standards.

(c)

Use of correctional facilities as shelters. Sexual predators and/or sexual offenders may be allowed temporary shelter in the Collier County Jail or other correctional facilities that is then under the jurisdiction of Collier County's Sheriff.

(d)

Required signage at temporary emergency shelters and at sexual predator/sexual offender shelters. Law enforcement personnel on duty at these shelters or other individual(s) operating and responsible for intake of sheltering individuals at such shelters shall place signs at the entrance(s) and exit(s) in use at such shelters, and also at appropriate conspicuous places within these shelters, to give notice to sexual predators and sexual offenders of their duties, including to immediately identify themselves as a sexual predator and/or sexual offender (and including the completing and signing of sexual predator and sexual offender change of address and registration forms), and understanding their requirements, restrictions, limitations and prohibitions as specified in this article.

(e)

Official actions by law enforcement personnel. Each law enforcement officer performing any in-the-line of duty act under any provision of this article shall be deemed to be acting within the scope of his or her discretionary authority as a law enforcement officer.

(f)

Enforcement and penalty provisions. In addition to all enforcement provisions specified below in this article, or as provided in F.S. § 125.69, any individual who shall violate any provision of this article, at the election of the county shall be subject to the enforcement provisions of section 1-6 of the Collier County Code of Laws and Ordinances. Apparent violations of this article may be referred by the sheriff's office to the Collier County Code Enforcement Board for enforcement pursuant to F.S. ch. 162. Any individual convicted in court of any provision of this article may be fined up to $500.00, or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment for each separate violation. Court imposed fines and court costs imposed against a violator of this article shall be distributed as follows: $5.00 to the clerk of the courts as an administration fee, and the balance of the funds of each such fine is to be deposited in the fine and forfeitures fund of the sheriff's office to offset the sheriff's operating budget costs. Any individual found to have violated this article by a civil (administrative) enforcement forum, including a Collier County Code Enforcement Board or code enforcement special master may be fined up to $500.00 for each such violation. Every time the violation occurs or recurs may be deemed to be a separate violation of this article.

(g)

Statutory authority. This article is in addition to and shall not be construed to affect F.S. § 775.21, F.S. § 943.0435, or any other statute or other applicable general law or applicable special law. Therefore, nothing in this article affects any sexual predator's or any sexual offender's duty, responsibility and/or obligation as required by any statute or applicable federal or state law.

(Ord. No. 2007-37, § 3)