| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenders and predators; |
| 3 | amending s. 903.046, F.S.; requiring a court considering |
| 4 | whether to release a defendant on bail to determine |
| 5 | whether the defendant is subject to registration as a |
| 6 | sexual offender or predator and, if so, to hold the |
| 7 | defendant without bail until the first appearance on the |
| 8 | case; providing an effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
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| 12 | Section 1. Paragraphs (m) and (n) are added to subsection |
| 13 | (2) of section 903.046, Florida Statutes, to read: |
| 14 | 903.046 Purpose of and criteria for bail determination.- |
| 15 | (2) When determining whether to release a defendant on |
| 16 | bail or other conditions, and what that bail or those conditions |
| 17 | may be, the court shall consider: |
| 18 | (m) Whether the defendant is required to register as a |
| 19 | sexual offender under s. 943.0435; and, if so, he or she is not |
| 20 | eligible for release on bail or surety bond until the first |
| 21 | appearance on the case in order to ensure the full participation |
| 22 | of the prosecutor and the protection of the public. |
| 23 | (n) Whether the defendant is required to register as a |
| 24 | sexual predator under s. 775.21; and, if so, he or she is not |
| 25 | eligible for release on bail or surety bond until the first |
| 26 | appearance on the case in order to ensure the full participation |
| 27 | of the prosecutor and the protection of the public. |
| 28 | Section 2. This act shall take effect July 1, 2011. |