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February 16, 2007

Sex Offender Ban Rejected By City Council

Topics: News

By ELLEN GEDALIUS The Tampa Tribune

Published: Feb 16, 2007

TAMPA - Heeding their attorney's advice, city council members on Thursday rejected an outright ban on sex offenders moving into the city.

They also decided not to expand a state-mandated residency buffer that prevents some offenders and predators from living within 1,000 feet of schools, parks, playgrounds and day care centers.

Instead, the council unanimously agreed to ask its attorney to draft an ordinance that would keep the state's 1,000-foot residency buffer and create exclusionary zones where sexual offenders would be prohibited from loitering.

The zones would prohibit offenders from loitering or prowling within 300 feet of libraries, bus stops, schools, parks, day care centers and playgrounds in the city. Some council members said they might want to include places where the elderly congregate.

The city might apply the exclusionary zones to predators only, but no decision was made Thursday.

The state classifies those convicted of sex crimes as offenders or predators, with predators being guilty of more serious offenses.

The council's move mirrors a proposed state law. Sponsored by Rep. Rich Glorioso, R-Plant City, the bill creates the 300-foot exclusion zones statewide. The bill could be considered during this spring's legislative session. Violators would face misdemeanor charges.

According to the bill and the council's proposal, predators would be able to read a book in the park, for example. They also would be able to drop off or pick up their own children from school. Any activity considered suspicious, however, would be prohibited.

The council considers the exclusionary zones a compromise.

"We want to be as strong and aggressive as we can be, but we don't want to be in a situation where we create a litigation problem," Councilman Chip Fletcher said.

The banishment idea first came up last month. Under that proposal, sexual offenders and predators would have been prohibited from moving into the city.

"We are strongly recommending against that," City Attorney David Smith said Thursday. "Banishment would make the ordinance difficult, if not impossible, to defend" against legal challenges.

He also said he was concerned about another earlier council proposal to expand the residency buffer to 2,500 feet. If enacted, that measure could effectively ban offenders and predators from the city, a scenario that could face constitutional challenges.

According to maps prepared by Hillsborough County, 92 percent of the city's residential areas would be off-limits for sexual offenders and predators to live under the 2,500-foot buffer. Under the 1,000-foot buffer, 58 percent of the residential areas are off-limits.

Smith encouraged the council to consider creating the exclusionary zones.

The Hillsborough County Commission is also considering the zones. If the county passes its ordinance before the city passes its measure, Tampa will follow the county's rules until the city passes its own. The county is expected to consider its ordinance Wednesday.

Smith will present a draft ordinance to the council in two weeks, but a final vote could be months away.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.

Posted by admin at February 16, 2007 9:15 AM

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