Day cares' plans denied due to proximity to registered sex predators

Planning Commission says keeping children safe is top priority

JACKSONVILLE, Fla. – Two new child care businesses may be in jeopardy because they're located too close to registered sexual predators.

The businesses owners said they are disappointed with the city of Jacksonville because they've already invested thousands of dollars and now they can’t open their doors. But members of the city's Planning Commission said keeping children safe is the priority.

The two child care centers are less than 2,500 feet from registered sex predators who live in the community, which is stopping investors from opening their businesses. Though both businesses agree that they want to keep children safe, they said the ordinance is not fair.

Ken Atlee and other investors said they want to develop a child care center on Collins Road in what is now a vacant lot, but the Planning Commission denied that plan on Thursday.

The Planning Commission said it rejected the day care plans because it would’ve been less than 2,500 feet from registered sexual predator Jurrell Rouse. Atlee argued that the restriction would only be reduced by 700 feet, but most commissioners said the rule is the rule.

“I ask myself if I would bring my child to a day care with a sexual predator that close, and the answer is no,” said Nicole Padgett, a member of the Planning Commission.

Florida law prohibits a sexual predator from living within 1,000 feet from a school, child care center, park or playground. The city of Jacksonville then extended the distance to 2,500 feet, and any new day care that opens after Jan. 1, 2015, falls under that rule.

In Mayport, Phillip Parsons and Cheryl McBride said the Planning Commission is being unfair. They want to reopen the Jessie Activity Center, a day care that is currently closed. It's 2,360 feet away from sexual predator Jaime Fernandez.

"I was there before. We are just trying to help Mayport out," Parsons said.

Fernandez lives 120 feet too close and that might stop the Mayport day care from opening because of the 2015 ordinance.

“There is great demand for a day care,” McBride said. “The ones that are there are overcrowded. They have a waiting list and we would be the perfect place to put a day care.”

The issue will come up again for other business owners who want to open day cares and may now know about the rules. The Planning Commission is staying firm as it tries to protect children. 

According to News4Jax crime and safety analyst Gil Smith, the sexual predator does not have to move despite the impact on business.

“Once the sexual predator has established residency, and they’re already moved in, they don’t have to move,” Smith said.

Parsons and McBride said they will be back for a second hearing because no one could confirm that Fernandez still lives in the neighborhood.

In the meantime, Atlee told News4Jax he and his investors are considering another way to open the day care.


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