Miami-Dade Legislative Item
File Number: 110255
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File Number: 110255 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: County Commission
File Name: SB 494, HB 265 RE: SEXUAL PREDATOR Introduced: 2/2/2011
Requester: NONE Cost: Final Action:
Agenda Date: 3/1/2011 Agenda Item Number: 11A11
Notes: Title: RESOLUTION SUPPORTING SB 494, HB 265 OR SIMILAR LEGISLATION THAT WOULD REQUIRE A COURT TO DETERMINE WHETHER A DEFENDANT IS A REGISTERED SEXUAL PREDATOR OR OFFENDER PRIOR TO THE POSTING OF BAIL AND TO HOLD IN CUSTODY A DEFENDANT FOUND TO BE A REGISTERED SEXUAL OFFENDER OR PREDATOR WITHOUT BAIL UNTIL THE FIRST APPEARANCE; URGING THE FLORIDA LEGISLATURE TO PASS SUCH LEGISLATION
Indexes: SEXUAL PREDATORS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/1/2011 11A11 Withdrawn
REPORT: (SEE AGENDA ITEMS 11A11 SUBSTITUTE AND 11A11 SUBSTITUTE AMENDED, LEGISLATIVE FILE NUMBERS 110453 AND 111903, RESPECTIVELY)

Board of County Commissioners 2/15/2011 11A5 Deferred 3/1/2011 P
REPORT: Commissioner Gimenez questioned whether an arrested individual would remain in custody for several days until the requirements of this legislation were satisfied. Assistant County Attorney Jess McCarty responded that the defendant would remain in custody until the first appearance or bond hearing, which occurred within 48 hours. Commissioner Gimenez pointed out that, under this legislation, all defendants, not just sexual offenders, who could otherwise bond out of jail would not be able to do so,. He suggested an amendment providing that only those accused of a sexual offense would not be able to post bond until they were cleared by the judicial process. Commissioner Diaz expressed support for the legislation as presented in Tallahassee. He said that a sexual predator committed atrocities, and the procedure should be different when that person was placed in jail than the procedure used for a sexual offender who had committed a single crime. Commissioner Gimenez said he was concerned about detaining the average person who committed a minor offense and placing that individual in jail while performing a criminal check. Assistant County Attorney McCarty explained that the bill would require a criminal check on every person arrested and booked into jail to determine whether they were a sexual predator. Commissioner Gimenez said that this legislation should apply only to individuals charged with a sexual offense. Commissioner Martinez asked how much time it took the Florida Department of Law Enforcement to perform a records search. Assistant County Attorney McCarty deferred this question to law enforcement officials. Chairman Martinez said that a Florida Crime Information Center or National Crime Information Center check would quickly indicate an arrest record for a sexual offense; however, additional time would be required to obtain actual court records and conviction data on a sexual predator. He added that the bill would cost the County millions of dollars annually in pretrial release programs and would require anyone arrested to remain in jail until the court determined the individual was not a sexual predator. Commissioner Diaz noted the intent of the proposed legislation was to prevent the release of sexual predators. The process to determine whether an individual was a registered sexual predator was a simple online process, he added. Chairman Martinez noted the legislation involved a court determination rather than simply an Internet search. It was moved by Commissioner Diaz that the foregoing proposed resolution be deferred. This motion was seconded by Commissioner Edmonson. Chairman Martinez asked County Manager Burgess to provide the Board with a fiscal analysis on the impact of SB 494 and HB 265 on the County, specifically the prohibitions from posting bail and pretrial release and intervention. Commissioner Gimenez indicated that he supported the intent of the proposed legislation, but wanted clarification on the procedure. Commissioner Heyman provided a legal qualification, explaining that as long as the proposed legislation referred to bail, there had to be a court determination. Commissioner Sosa asked Assistant County Attorney Jess McCarty to research whether the proposed legislation recognized that anyone charged with a crime was innocent until proven guilty or whether it changed the presumption of innocence. There being no further questions or comments, the Commission proceeded to vote.

County Attorney 2/2/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION SUPPORTING SB 494, HB 265 OR SIMILAR LEGISLATION THAT WOULD REQUIRE A COURT TO DETERMINE WHETHER A DEFENDANT IS A REGISTERED SEXUAL PREDATOR OR OFFENDER PRIOR TO THE POSTING OF BAIL AND TO HOLD IN CUSTODY A DEFENDANT FOUND TO BE A REGISTERED SEXUAL OFFENDER OR PREDATOR WITHOUT BAIL UNTIL THE FIRST APPEARANCE; URGING THE FLORIDA LEGISLATURE TO PASS SUCH LEGISLATION

BODY

WHEREAS, on Saturday, July 15, 2006, Scott David Uslan fatally shot 17-year-old Brittany Carleo in a smoothie café in Port St. Lucie, Florida; and
WHEREAS, Uslan was a registered sex offender and police had been investigating his relationship with Carleo for several months, but did not have probable cause to arrest him until Wednesday, July 12, 2006 after he started making harassing phone calls to Carleo; and
WHEREAS, despite being a registered sexual offender, Uslan was able to immediately post bail and leave jail on Thursday, July 13; and
WHEREAS, two days later, Uslan shot and killed Carleo; and
WHEREAS, had a court determined that Uslan was a registered sexual offender prior to him posting bail, he likely would not have been released and Carleo’s untimely death could have been avoided; and
WHEREAS, bills have been filed for consideration during the 2011 session of the Florida Legislature that would require a court to determine whether a defendant is a registered sexual predator or offender prior to the posting of bail and release from custody, SB 494 by Senator Mike Fasano (R – New Port Richey) and HB 265 by Representative Gayle Harrell (R – Port St. Lucie); and
WHEREAS, these bills also would require a defendant found to be a registered sexual offender or predator to be held without bail until the first appearance; and
WHEREAS, this Board supports passage of SB 494, HB 265 or similar legislation, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Supports SB 494, HB 265 or similar legislation that would require a court to determine whether a defendant is a registered sexual predator or offender prior to the posting of bail and release from custody, and to hold a defendant found to be a registered sexual offender or predator without bail until the first appearance.
Section 2. Urges the Florida Legislature to pass such legislation.
Section 3. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, Senator Mike Fasano and Representative Gayle Harrell.
Section 4. Directs the County's state lobbyists to support the legislation set forth in sections 1 and 2 above, and authorizes and directs that the 2011 state legislative package be amended to include this item.



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