Proposal may force Palm Beach County landlords to screen for sex offenders.
By Josh Hafenbrack
South Florida Sun-Sentinel
Posted June 20 2006
Real estate organizations warn that homeowners would be stuck with law enforcement duties if Palm Beach County commissioners adopt new rules today that would wall off huge sections of the county to convicted sex offenders and predators.
Local law enforcement officials also say the tighter restrictions might make it more difficult to keep tabs on the offenders because they would have fewer housing options and more temptation to go underground.
Mirroring steps taken by many cities and counties, Palm Beach County's proposal would prohibit sex offenders from living within 2,500 feet of public schools, bus stops, day-care centers, parks and playgrounds in unincorporated areas. The issue is set for consideration at today's meeting, which starts at 9:30 a.m. at the Governmental Center.
The county defines sex offenders and predators as those who targeted victims younger than 16. State law bans them from living within 1,000 feet of schools and other places where children gather.
At issue is whether homeowners should be forced to conduct background checks to make sure they don't sell or rent to sex offenders. Property owners could be faced with jail time and $500 fines for violating this requirement.
It would force property owners "to become enforcers, to become screeners, to basically do the law enforcement's job," said Jennifer Butler, vice president for the Realtors Association of the Palm Beaches. "That isn't smart.
"There's no reason to create criminal penalties on people who are law-abiding citizens."
Palm Beach County officials agreed that putting the onus on property owners creates problems. Nevertheless, some cities and counties have done just that. Wellington requires landlords to make a "good faith effort" to determine if their tenants are sexual predators. Miami-Dade County has a similar rule.
Realtors Association President Bob Goldstein said Monday it would be an "administrative nightmare," because many property owners wouldn't know about the new sex offender rules and don't have the computer skills to run background searches.
He put the problem this way: "I'm a seller and you show up at my door. What am I going to do? Am I going to ask you, `Are you a sexual predator?'"
"They may have a legitimate argument," conceded Commission Chairman Tony Masilotti, who sponsored the sex-offender ordinance.
For law enforcement officials, a top concern is whether the 2,500-foot buffer actually would protect the public from sex offenders.
With few legal housing options left, sex offenders might simply choose to live outside the law, said Palm Beach County Sheriff's Office Maj. Jim Stormes. About a dozen cities in Palm Beach County already have severely limited where sex offenders can live.
There are about 800 sexual offenders in the county, more than half in unincorporated areas, Stormes said. Sex offenders who already live here wouldn't be affected by the new rules, unless they rent within the restricted buffer zone. They would have to move once their leases expire.
"If laws are incredibly restrictive on offenders, it could potentially make it almost impossible for them to live in many parts of the county," Stormes said. "It's important they do have a place to live, so we can monitor where they live."
The Criminal Justice Commission puts it even more bluntly.
"If you look at the map, then you've got to start saying: Where is a legal residence for sex offenders?" Executive Director Diana Cunningham asks. "And if there are no legal residences because everyone has tried to look tough on crime, then in fact you do drive people underground."
Assistant County Administrator Vince Bonvento said the county has not calculated how many housing options the 2,500-foot buffer would leave sex offenders.
"I don't even know where we'd start," he said. "When you're considering school bus stops, day-care centers, parks, playgrounds -- it's probably covering a lot of the unincorporated area."
Masilotti, however, said he's not worried about driving sex offenders to live outside the law.
"If they don't report their whereabouts as predators, they go to jail," he said. "Anybody who preys on the youngest like that gets no sympathy from me whatsoever."
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