Miami-Dade Legislative Item
File Number: 140053
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 140053 File Type: Resolution Status: Adopted
Version: 0 Reference: R-69-14 Control: Board of County Commissioners
File Name: SEXUAL PREDATORS OFFENDERS - DRIVERS LICENCES Introduced: 1/9/2014
Requester: NONE Cost: Final Action: 1/22/2014
Agenda Date: 1/22/2014 Agenda Item Number: 11A10
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE SEXUAL PREDATORS AND OFFENDERS WHO ARE TRANSIENT TO (I) PROVIDE MORE SITE-SPECIFIC INFORMATION AS TO WHERE THEY ARE LOCATED AND TO LIST SUCH INFORMATION ON THEIR DRIVER’S LICENSES AND IDENTIFICATION CARDS AND (II) REGISTER WITH LAW ENFORCEMENT EVERY MONTH; FURTHER URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY FOR TRANSIENT SEXUAL PREDATORS AND OFFENDERS TO FAIL TO MEET THESE REQUIREMENTS
Indexes: URGING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Juan C. Zapata, Co-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 1/22/2014 11A10 Adopted P
REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Commissioner Diaz expressed his appreciation to Assistant County Attorney Jess McCarty for the good job he’s doing in Tallahassee, Florida, on behalf of the County Commission; especially pertaining to this initiative. He provided a brief overview of the purpose of this item to prevent sexual predators and offenders from using the transient address classification to avoid law enforcement oversight. It was moved by Commissioner Diaz that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Jordan, followed by discussion. Chairwoman Sosa and Commissioners Bell, Bovo, Edmonson, Jordan, Monestime, Moss, and Zapata asked to be listed as co-sponsors to this resolution. Discussion ensued among Board members and Miami-Dade Police Department staff regarding the registration process for sexual predators/offenders and verification of the individual’s homeless status. Commissioner Bell recommended the license plate numbers be used to help locate transient sexual predators/offenders and stated that she would research this issue further. In response to Commissioner Jordan’s request that staff explore the feasibility of requiring homeless individuals to register with the Homeless Trust before receiving a driver’s license, Major EleasaThompson said staff would research this matter with the Police Legal Bureau. Further discussion ensued among Board members and MDPD representatives regarding the existing of loopholes in the system and what could be done to eliminate this issue. Major Thompson advised that the MDPD was advocating for specific information to be placed on driver’s licenses identifying the location where homeless individuals reside, i.e. NW 57 Avenue/186 Street in woods behind Walmart and to require sexual predators/offenders to report in monthly or face a felony violation. Responding to Commissioner Jordan’s inquiry as to whether the Homeless Trust registers homeless individuals for tracking purposes, Ms. Hilda Fernandez, Homeless Trust Executive Director, stated that there was no registration process in the Homeless Trust system. She explained that no names were required during the department’s annual homeless count event; however, information was obtained on registered sexual offenders. In response to Commissioner Souto’s inquiry regarding bracelets equipped with global positioning systems, Sergeant Roger Irvine, Sexual Predator Enforcement Unit, MDPD, explained that sexual predators/offenders with released status were under the MDPD’s responsibility; however, those who were under the Department of Corrections and Rehabilitation’s supervision were electronically monitored and easily located. He pointed out that those sexual offenders with release status were the issue being addressed today (1/22). Assistant County Attorney McCarty advised that the current sexual predators/offenders law required offenders to register and check-in four times per year. Upon hearing Commissioner Souto’s request that a the State Legislature be urged to amend the laws governing sexual predators/offenders to require that all sexual predators/offenders be required to wear GPS monitors at all times, Mr. McCarty stated staff was currently working on that issue. There being no further questions or comments regarding the foregoing proposed resolution, the Board proceeded to vote.

County Attorney 1/9/2014 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE SEXUAL PREDATORS AND OFFENDERS WHO ARE TRANSIENT TO (I) PROVIDE MORE SITE-SPECIFIC INFORMATION AS TO WHERE THEY ARE LOCATED AND TO LIST SUCH INFORMATION ON THEIR DRIVER’S LICENSES AND IDENTIFICATION CARDS AND (II) REGISTER WITH LAW ENFORCEMENT EVERY MONTH; FURTHER URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY FOR TRANSIENT SEXUAL PREDATORS AND OFFENDERS TO FAIL TO MEET THESE REQUIREMENTS

BODY


WHEREAS, a sexual predator or sexual offender is required to comply with a number of statutory requirements, including the requirement that he or she provide the address of legal residence and address of any temporary residence to the sheriff’s department within 48 hours of sentencing or of establishing a residence; and
WHEREAS, a sexual predator or offender must also register at a driver’s license office within 48 hours of the initial registration at the local sheriff’s department, and must report any change of permanent or temporary residence within the state to the driver’s license office within 48 hours; and
WHEREAS, the purpose of these requirements is to ensure that law enforcement is aware of where sexual predators and offenders are living, and to allow local law enforcement to notify child care centers and schools within a one-mile radius of where sexual predators and offenders are living pursuant to state law; and
WHEREAS, in addition, these requirements also allow local law enforcement to notify the community of the presence of the sexual predator or offender in an appropriate manner, which is often achieved by posting such information on the local law enforcement website including the sexual predator’s and offender’s address; and
WHEREAS, prior to 2010, some sexual predators and offenders listed their addresses with local law enforcement and on their driver’s licenses as “transient”, with no location indicated; and
WHEREAS, while some sexual predators and offenders were legitimately homeless, it was believed that others listed their addresses as “transient” so as to avoid law enforcement oversight; and
WHEREAS, during the 2010 session, the Florida Legislature attempted to address this issue by creating a new “transient” address classification for sexual predators and offenders in Chapter 2010-92, Laws of Florida (HB 119); and
WHEREAS, the “transient” address classification was defined in statute as “a place or county where a person lives, remains, or is located for a period of 5 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address” including but not limited to “a place where the person sleeps or seeks shelter and a location that has no specific street address”; and
WHEREAS, under this “transient” address classification, offenders claiming a transient address could no longer simply list their addresses as “transient” with local law enforcement and on their driver’s licenses, but were instead required to provide an address, the place or county where they are staying; and
WHEREAS, despite the passage of the 2010 law, monitoring transient sexual offenders remains problematic according to a 2012 report by the Florida Legislature’s Office of Program Policy Analysis & Governmental Accountability (OPPAGA); and
WHEREAS, the OPPAGA report found that 40 percent of sheriff’s offices surveyed reported that they had difficulty in locating “transient” sexual predators and offenders and that this was a major impediment to address verification; and
WHEREAS, the 2010 law, while a step in the right direction, is still too broad to provide the type of site-specific information to provide law enforcement and the public with necessary information about the likely location of sexual predators and offenders; and
WHEREAS, a sexual predator or offender can technically comply with the 2010 law, for example, simply by indicating on his or her driver’s license or identification card that he or she is located in Miami-Dade County; and
WHEREAS, merely requiring sexual predators or offenders to indicate that they are located within Miami Dade County on their driver’s licenses or identification card does not provide the type of site-specific information that is necessary, particularly because the county has a population of more than 2.5 million people; and
WHEREAS, this Board urges the Florida Legislature to revisit the statutory changes enacted in 2010 to require sexual predators and offenders who do not have a permanent or temporary address to provide more site-specific information as to where they are located to law enforcement and on their driver’s licenses and identification cards; and
WHEREAS, in addition, current state law requires sexual predators and certain sexual offenders to register four times a year, while certain sexual offenders are required to register only two times a year; and
WHEREAS, having “transient” sexual offenders and predators register on a monthly basis would greatly increase the ability to track, monitor, and enforce state laws regulating sexual offenders and predators; and
WHEREAS, this Board further would urge the Legislature to make it a third degree felony for transient sexual predators and offenders to fail to include site-specific location on their driver’s licenses or identification card or fail to register every month,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to:
a. Require sexual predators and offenders who do not have a permanent or temporary address to provide more site-specific information as to where they are located and to list such information on their driver’s licenses and identification cards;

b. Require transient sexual predators and offenders register monthly to increase the ability to track and monitor these individuals, and enforce state laws; and

c. Make it a third degree felony for transient sexual predators and offenders to fail to include site-specific location on the driver license or identification card or to fail to register every month.

Section 2. Directs the Clerk of this Board to send a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, the Commissioner of the Florida Department of Law Enforcement and the Executive Director of the Florida Department of Highway Safety and Motor Vehicles.
Section 3. Directs the County's state lobbyists to advocate for the passage of legislation and funding as set forth in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2014 State Legislative Package when it is presented to the Board.



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.