Miami-Dade Legislative Item
File Number: 111903
   

File Number: 111903 File Type: Resolution Status: Adopted as amended
Version: 0 Reference: R-170-11 Control: County Commission
File Name: SB 494, HOUSE BILL 265, SEXUAL PREDATOR Introduced: 9/7/2011
Requester: NONE Cost: Final Action: 3/1/2011
Agenda Date: 3/1/2011 Agenda Item Number: 11A11SUBSTITUTE
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO, SEE 110453. 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 NOS. 110453, 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

County Attorney 9/7/2011 Assigned Jess M. McCarty

Board of County Commissioners 3/1/2011 11A11 SUBSTITUTE AMENDED Adopted as amended P
REPORT: Chairman Martinez and Commissioner Diaz amended the foregoing resolution to change the language to require that the booking facility perform a complete national criminal and civil background check of defendants. There being no further comments from the Board or the administration, the Board proceed to vote on the foregoing resolution as amended.

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 defendant who is a registered sexual predator or offender to be held in custody without bail until the first appearance, SB 494 by Senator Mike Fasano (R – New Port Richey) and HB 265 by Representative Gayle Harrell (R – Port St. Lucie); 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 defendant who is a registered sexual predator or offender to be held in custody without bail until the first appearance¸ with the initial determination of whether the defendant is a sexual predator or offender to be done by the arresting officer or officials at the booking facility.
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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.