Resolution 82-16939 I
RESOLUTION NO. 82-16939
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE LEGISLATURE
OF THE STATE OF FLORIDA TO AMEND CHAPTER 800 ,
FLORIDA STATUTES (1981) TO PERMIT POLICE OFFI-
CERS TO MAKE WARRANTLESS ARRESTS OF ANY PERSON
EXPOSING HIMSELF INDECENTLY IN A PUBLIC PLACE.
WHEREAS , the City of Miami Beach has experienced a growing
problem with individuals who expose themselves indecently in public;
and
WHEREAS , the crime of indecent exposure is a misdemeanor
under Chapter 800 of Florida Statutes; and
WHEREAS , §901.15 , Fla. Stat, prohibits police officers
from making warrantless arrests for misdemeanor violations unless
the crime was committed in his presence; and
WHEREAS , such incidents are often viewed by witnesses on
public beaches and parks outside the presence of a police officer ;
and
WHEREAS , it is difficult or impossible to obtain arrest
warrants on weekends because there are no judges available within
the City to issue such a warrant and because witnesses will not tra-
vel to other cities to appear before judges to testify about such
conduct; and
WHEREAS , Florida law has been amended to permit arrests
without warrants in cases involving loitering, retail theft, shop-
lifting , traffic violations, and numerous other particular misdemea-
nors; and
WHEREAS , the City of Miami Beach is in need of a similar
exception for the crime of indecent exposure in order to insure the
continued safety of its residents and visitors and to protect its
economy as a tourist community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Florida Legislature is
111
urged to adopt an exception to Chapter 800, Fla. Stat. (1981) to
permit warrantless arrests of persons violating Chapter 800 and si-
milar local ordinances, when an individual has indecently exposed
himself outside a police officer ' s presence, but a police officer
has probable cause to believe such an act has taken place, based on
the testimony of two or more civilian witnesses.
PASSED and ADOPTED this 3rd dayoof_ March , 1982.
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ATTEST:
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CITY CLERK
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(Requested by Emmett C. Miller , Police Chief)
APPROVED
LEGAL DEPARTMENT:
iN4.4 -1"-- I
Date
X
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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