Source: http://www.nbc-2.com/story/29539123/nbc2-investigation-the-sex-offender-1000-foot-rule#.VaroB_mrFqz

1,000 feet is 1,000 feet, right?  Apparently not when measuring how far away sex offenders can live from parks and schools.  An NBC2 investigation uncovers differences in the way the state and local law enforcement agencies measure that distance. 

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This law is all about distance, the amount of space between offenders and places like playgrounds.  But we uncovered the distance changes depending on who is measuring. 

Arturo Dominguez is a registered sex predator.  He should not be living in his Cape Coral home. 

“2,500 feet is 2,500 feet,” said Detective Todd Kerns with the Cape Coral Police Department. 

The problem is he is living closer than that to Pelican Elementary. 

“Doesn’t matter if there’s a canal that separates the house,” said Detective Kerns.  

We headed to the house with Detective Todd Kerns to tell Dominguez he has to go.

Cape Coral’s ordinance is much tougher and more straightforward than the state’s. 

“It’s a complex statute,” said Corporal John Poudrette with the Charlotte County Sheriff’s Office.

Corporal Poudrette’s agency relies on the state to enforce the 1,000-foot rule. 

The Department of Corrections doesn’t always use the same starting point to measure the 1,000 feet.  

With single-family homes, the agency starts with the property line.  But with a duplex or apartment, the starting point is at the front or back door. 

“It is an absolute waste, 100 percent waste of taxpayer money,” said Peter Aiken, a defense attorney.

Defense attorney Peter Aiken says most offenders don’t stay in one place, making it difficult to guarantee the 1,000-foot rule.

“It’s a feel good law.  All it does is make the public feel good,” said Aiken.

State Senator Lizbeth Benaquisto says wording in the law may have to be revisited. 

“If it’s keeping local governments or local law enforcement agencies conflicted about how they enforce things and people are living right about or at those edges and getting in close proximity to our children.  Then, we have to address it,” said Senator Benaquisto.

Weeks after we tracked down sex predator Arturo Dominguez, we found he moved to Lehigh Acres; this time within 1,000 feet of a school.

“That’s crazy. They shouldn’t allow that. They really shouldn’t,” said Irma Rodriguez, a Lehigh Acres parent. 

According to DOC, he’s not breaking the law.  The state only applies the 1,000-foot rule to certain sex offenses.

“I have kids, so I think it’s very important,” said Detective Kerns. 

Stricter ordinances, like the one in Cape Coral, are in theory more effective. But in reality, enforcement is more complicated. 

In the Cape, Lee County Sheriff’s deputies enforce the 1,000-foot rule. Cape Police officers enforce the 2,500-foot ordinance.