Florida Senate - 2011                                     SB 494
       
       
       
       By Senator Fasano
       
       
       
       
       11-00600-11                                            2011494__
    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
    4         considering whether to release a defendant on bail to
    5         determine whether the defendant is subject to
    6         registration as a sexual offender or predator and, if
    7         so, to hold the defendant without bail until the first
    8         appearance on the case; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   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 bail
   16  or other conditions, and what that bail or those conditions may
   17  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.