Miami-Dade Legislative Item
File Number: 142353
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File Number: 142353 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: SEXUAL PREDATORS WEAR ELECTRONIC MONITORING DEVICES Introduced: 10/24/2014
Requester: NONE Cost: Final Action:
Agenda Date: 11/5/2014 Agenda Item Number: 11A22
Notes: SEE 142500 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE SEXUAL PREDATORS AND SEXUAL OFFENDERS TO WEAR ELECTRONIC MONITORING DEVICES FOR THE REMAINDER OF THEIR NATURAL LIVES
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 11/5/2014 11A22 Amended
REPORT: SEE LEGISLATIVE FILE No. 142500

County Attorney 10/24/2014 Assigned Michael B. Valdes 11/13/2014

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REQUIRE SEXUAL PREDATORS AND SEXUAL OFFENDERS TO WEAR ELECTRONIC MONITORING DEVICES FOR THE REMAINDER OF THEIR NATURAL LIVES

BODY
WHEREAS, the Board of County Commissioners is concerned about convicted sexual predators and sexual offenders who are released from custody and repeat the unlawful acts for which they had originally been convicted; and
WHEREAS, the Board finds that the recidivism rate for released sexual predators and sexual offenders is high, especially for those who commit crimes against children; and
WHEREAS, Miami-Dade County has a compelling interest in protecting children from predatory sexual activity; and
WHEREAS, Miami-Dade County has already taken efforts to address this issue by prohibiting sexual predators and sexual offenders from establishing temporary or permanent residence in certain areas where children are known to regularly congregate, by prohibiting the renting or leasing of certain property to sexual predators or sexual offenders if such property is located where children are known to regularly congregate, and by restricting sexual offenders' and sexual predators' access to parks and child care facilities; and
WHEREAS, Florida law also requires sexual predators and sexual offenders 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 local sheriff�s department within 48 hours of sentencing or of establishing a residence; and
WHEREAS, sexual offenders and predators are also required by Florida law to register at a state 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, despite these requirements, local law enforcement has still encountered difficulties in locating many sexual predators and sexual offenders; and
WHEREAS, a 2012 report by the Florida Legislature�s Office of Program Policy Analysis & Governmental Accountability found that 40 percent of sheriff�s offices surveyed reported that they had difficulty locating sexual predators and sexual offenders who were listed at transient residences; and
WHEREAS, it is believed that some sexual predators and sexual offenders list their addresses as �transient� for the express purpose of avoiding law enforcement oversight; and
WHEREAS, requiring sexual predators and sexual offenders to wear electronic monitoring devices would eliminate many of these problems by providing law enforcement with the capability of determining the a sexual predator or sexual offender�s precise location; and
WHEREAS, an electronic monitoring system for sexual predators and sexual offenders would also enable law enforcement to be immediately informed if a sexual predator or sexual offender was near a park, child care facility, school, or other location where children regularly congregate; and
WHEREAS, the implementation of this technology can only help law enforcement marshal their resources and more effectively protect children from predatory sexual activity; and
WHEREAS, similar legislation has already been passed in California, Georgia, Kansas, Louisiana, Maryland, Michigan, Missouri, Montana, North Carolina, Rhode Island, and Wisconsin; and
WHEREAS, none of these state statutes have been struck down despite various legal challenges,
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 require sexual predators and sexual offenders to wear electronic monitoring devices for the remainder of their natural lives.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Attorney General, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the issues identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2015 state legislative package when it is presented to the Board.



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