Federal court upholds Miami-Dade’s residency restrictions on sex offenders sponsored by Commissioner Diaz

(MIAMI, FL) – Miami-Dade County Commissioner Jose “Pepe” Diaz is applauding a federal district court ruling that upholds the County’s residency restrictions on sex offenders.

The United States District Court for the Southern District of Florida on April 3 granted the County's motion to dismiss a lawsuit filed by the American Civil Liberties Union (ACLU) against the County’s Lauren Book Child Safety Ordinance, which prohibits sexual offenders and predators from living within 2,500 feet of a school. It was the second time the ACLU had challenged the County’s residency restrictions on sexual offenders.

Sponsored by Commissioner Diaz, the Lauren Book ordinance was unanimously approved by the County Commission on January 21, 2010. The ordinance replaced the conflicting patchwork of municipal residency restrictions with a single countywide restriction of 2,500 feet from schools. It also set up "child safety zones" prohibiting registered sex offenders from loitering or prowling within 300 feet of schools, parks, daycares and bus stops.

“In 2010, I proposed the Lauren Book Child Safety Ordinance with one goal in mind: to protect our children from sex offenders. Together with my colleagues on the Board of County Commissioners, we made that law a reality,” Commissioner Diaz said. “I am extremely grateful that the Federal District Court granted the County's motion to dismiss the lawsuit filed by the ACLU against the ordinance restricting the locations where sex predators may reside. We prevail once again.”

After the ordinance went into effect February 1, 2010, the ACLU filed a lawsuit claiming the 2,500 feet requirement conflicted with state law, but the District Court of Appeals sided with Miami-Dade County.