Miami-Dade Legislative Item
File Number: 110453
   

File Number: 110453 File Type: Resolution Status: Amended
Version: 0 Reference: Control: County Commission
File Name: SB 494, HOUSE BILL 265, SEXUAL PREDATOR Introduced: 2/24/2011
Requester: NONE Cost: Final Action:
Agenda Date: 3/1/2011 Agenda Item Number: 11A11SUBSTITUTE
Notes: SEE 111903 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION SUPPORTING SB 494, HB 265 OR SIMILAR LEGISLATION THAT WOULD REQUIRE A DEFENDANT WHO IS A REGISTERED SEXUAL PREDATOR OR OFFENDER TO BE HELD IN CUSTODY WITHOUT BAIL UNTIL THE FIRST APPEARANCE; URGING THE FLORIDA LEGISLATURE TO PASS SUCH LEGISLATION (SEE ORIGINAL ITEM UNDER FILE NO. 110255)
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 SUBSTITUTE Amended
REPORT: (SEE AGENDA ITEM 11A11 SUBSTITUTE AMENDED, LEGISLATIVE FILE NUMBER 111903, FOR AMENDED VERSION) NOTE: On handwritten page 1, the second sentence should read: The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Jose “Pepe” Diaz.

County Manager 2/28/2011 Scrivener's Errors 3/1/2011
REPORT: On handwritten page 1, the second sentence should read: The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Jose “Pepe” Diaz.

County Manager 2/24/2011 Additions 3/1/2011

County Attorney 2/24/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION SUPPORTING SB 494, HB 265 OR SIMILAR LEGISLATION THAT WOULD REQUIRE A DEFENDANT WHO IS A REGISTERED SEXUAL PREDATOR OR OFFENDER TO BE HELD IN CUSTODY 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]]1 a defendant >>who<< is a registered sexual predator or offender >>to be held in custody without bail until the first appearance<<[[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 >>who<< is a registered sexual predator or offender >>to be held in custody<< [[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.
1 The differences between the substitute and the original item are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or »double arrowed« constitute the amendment proposed.



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