A convicted sex offender is living across the street from an elementary school in Port Orange, but unlike other cities around Florida, he's well within his rights to do so.
Howard Thomas Porter lives in a duplex across the street from Sugar Mill Elementary School. He was convicted in New York in 2004 for distributing child pornography, and is listed on the Florida Department of Law Enforcement's online sex offender database.
Port Orange has no ordinance on the books to stop registered sex offenders from living near a school, and that has parents outraged, concerned for the safety of their children.
"I want him permanently gone," said Christine Haring, whose grandchild goes to Sugar Mill Elementary.
"He could look out the window and see the school, where the kids play on the playground, or the P.E. field," said Mike Melnicoff, another upset parent.
Porter declined an on-camera interview.
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Florida's state law concerning where sex offenders can live, passed in October 2004, says anyone convicted of a sexual offense cannot live within 1,000 feet of any school, day care, or park.
So, why does Porter get an exception? Port Orange police said because he was convicted in May 2004, five months before the law was passed, Porter is not breaking any laws.
And since there's no city ordinance regarding where sex offenders can or cannot live, there's nothing city leaders or police can do about it.
Though Port Orange police does have a program in which officers visit each and every sex offender living in the city, police Chief Gerald Monahan admitted a city ordinance is needed.
"And we need to have one now, because of the children," Haring added. "Right this minute, because the children walk the street alone."
City Council is scheduled to talk about such an ordinance during a meeting scheduled for 6:30 p.m. Tuesday at City Hall, located at 1000 City Center Circle, Port Orange.