Florida Senate - 2014                             CS for SB 1416
       
       
        
       By the Committee on Criminal Justice; and Senator Bean
       
       
       
       
       
       591-03917-14                                          20141416c1
    1                        A bill to be entitled                      
    2         An act relating to sexual predator and sexual offender
    3         absconders; creating s. 16.581, F.S.; providing
    4         legislative findings; creating the Sexual Predator and
    5         Sexual Offender Absconder Strike Force within the
    6         Department of Law Enforcement; providing definitions;
    7         providing for the membership and terms of the strike
    8         force; requiring the department to provide
    9         administrative services to the strike force; requiring
   10         the strike force to organize by a specified date;
   11         providing for meetings; specifying the duties of the
   12         strike force; requiring an annual report to the
   13         Governor and the Legislature; providing an
   14         appropriation; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 16.581, Florida Statutes, is created to
   19  read:
   20         16.581 Sexual Predator and Sexual Offender Absconder Strike
   21  Force.—
   22         (1) FINDINGS.—The Legislature finds that there is a need to
   23  locate and arrest registered sexual predators and sexual
   24  offenders who are under the supervision of the Department of
   25  Corrections and who have absconded from such supervision.
   26         (2) ESTABLISHMENT.—There is created the Sexual Predator and
   27  Sexual Offender Absconder Strike Force within the Department of
   28  Law Enforcement. The purpose of the strike force is to develop
   29  and prioritize coordinated strategies for the apprehension of
   30  registered sexual predators and sexual offenders who are under
   31  the supervision of the Department of Corrections and who have
   32  absconded from such supervision.
   33         (3) DEFINITIONS.—As used in this section, the term:
   34         (a) “Sexual offender” means a person required to register
   35  as a sexual offender under s. 943.0435 or s. 944.607.
   36         (b) “Sexual predator” means a person required to register
   37  as a sexual predator under s. 775.21.
   38         (4) MEMBERSHIP.—The strike force shall consist of the
   39  following 10 members or their designees:
   40         (a) The executive director of the Department of Law
   41  Enforcement, who shall serve as chair.
   42         (b) The Secretary of Corrections, who shall serve as vice
   43  chair.
   44         (c) The Secretary of Juvenile Justice.
   45         (d) The chair of the Parole Commission.
   46         (e) The executive director of the Department of Highway
   47  Safety and Motor Vehicles.
   48         (f) Five members appointed by the executive director of the
   49  Department of Law Enforcement, consisting of two sheriffs, two
   50  chiefs of police, and one state attorney. In making these
   51  appointments, the executive director of the Department of Law
   52  Enforcement shall consider representation by geography,
   53  population, ethnicity, and other relevant factors in order to
   54  ensure that the membership of the strike force is representative
   55  of the state as a whole.
   56         (5) TERMS OF MEMBERSHIP; COMPENSATION; ADMINISTRATIVE
   57  SERVICES.—
   58         (a) The five members appointed by the executive director of
   59  the Department of Law Enforcement shall be appointed to 4-year
   60  terms; however, for the purpose of providing staggered terms of
   61  the initial appointments, two members shall be appointed to a 2
   62  year term, two members shall be appointed to a 3-year term, and
   63  one member shall be appointed to a 4-year term. Each of the
   64  remaining members is a standing member of the strike force and
   65  may not serve beyond the time he or she holds the position that
   66  was the basis for the membership. A vacancy shall be filled in
   67  the same manner as the original appointment but only for the
   68  remainder of the term.
   69         (b) The Legislature finds that the strike force serves a
   70  legitimate state, county, and municipal purpose and that service
   71  on the strike force is consistent with a member’s principal
   72  service in public office or employment. Therefore, membership on
   73  the strike force does not disqualify a member from holding any
   74  other public office or from being employed by a public entity,
   75  except that a member of the Legislature may not serve on the
   76  strike force.
   77         (c) Members of the strike force shall serve without
   78  compensation but are entitled to reimbursement for per diem and
   79  travel expenses in accordance with s. 112.061.
   80         (d) The Department of Law Enforcement shall provide
   81  administrative and support services for the strike force.
   82         (6) MEETINGS.—The strike force shall organize by December
   83  31, 2014. Thereafter, the strike force shall meet at least four
   84  times per year. Additional meetings may be held if the chair
   85  determines that extraordinary circumstances require an
   86  additional meeting. Members may appear at meetings by electronic
   87  means. A majority of the members of the strike force constitutes
   88  a quorum.
   89         (7) DUTIES.—The strike force shall coordinate with the
   90  Department of Corrections and local law enforcement agencies to:
   91         (a)1. Develop and review a statewide list of known sexual
   92  predator and sexual offender absconders.
   93         2. Prioritize those absconders who pose the greatest risk
   94  to public safety by evaluating their criminal history, most
   95  recent dates of offense, length of time as absconders, and other
   96  factors.
   97         3. Disseminate the list produced under this paragraph to
   98  local law enforcement agencies.
   99         (b) Develop and recommend coordinated statewide strategies
  100  for the apprehension of sexual predator and sexual offender
  101  absconders with special focus on those who pose the greatest
  102  risk to public safety.
  103         (8) REPORT.—By October 1, 2015, and annually thereafter,
  104  the strike force shall submit a report on its activities and
  105  recommendations to the Governor, the President of the Senate,
  106  and the Speaker of the House of Representatives.
  107         Section 2. For the 2014-2015 fiscal year, the sum of
  108  $101,418 in recurring funds is appropriated from the General
  109  Revenue Fund to the Department of Law Enforcement for the
  110  implementation of this act.
  111         Section 3. This act shall take effect July 1, 2014.