Resolution 2021-31588 RESOLUTION NO: 2021-31588
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ADOPT LEGISLATION EXPRESSLY AUTHORIZING THE IMPOSITION OF
STANDALONE STAY AWAY ORDERS FOR DEFENDANTS TO STAY
AWAY FROM VICTIMS OR LOCATIONS AS PART OF CRIMINAL
SENTENCING AND WITHOUT A CONDITION OF PROBATION.
WHEREAS, until recently,judges in the County Court of the Eleventh Judicial Circuit in and
for Miami-Dade County would regularly issue standalone stay away orders to defendants pursuant to
the disposition of criminal cases (without a probationary period being issued), as a result of crimes
tied to particular victims or locations, such as battery, petit theft, trespass, disorderly intoxication, and
open containers of alcohol; and
WHEREAS, on November 25, 2020, the Eleventh Judicial Circuit Court, in its appellate
capacity, in Eric Freshman v. The State of Florida, held that judges have no authority to issue
standalone stay away orders because there is no explicit statutory provision which would allow them
to do so, even when ordered pursuant to a plea agreement among the parties; and
WHEREAS, the Eleventh Judicial Circuit Court further stated that there is express statutory
authorization permitting stay away orders as a condition of pretrial release, a condition of probation
and as part of a sentence pertaining to certain domestic violence or stalking charges; and
WHEREAS, at the January 19, 2021 Police Citizen Relation Committee ("PCRC") meeting,
the PCRC recommended that the City Commission support the legislative proposal of State Attorney
Katherine Fernandez Rundle that would authorize judges to issue standalone stay away orders from
victims or locations as part of criminal sentencing and without any order of probation; and
WHEREAS, the City has a substantial interest in judges' ability to issue standalone stay away
orders and to enforce violations of contempt for such orders, when crimes are committed within the
jurisdictional boundaries of the City of Miami Beach, specifically affecting residents, businesses and
visitors; and
WHEREAS, the inability of judges to order those defendants who commit crimes tied to
particular victims or locations, to stay away from such victims or locations, may create potentially
dangerous situations which directly lead to additional criminal activity,disorderly conduct and/or quality
of life offenses; and
WHEREAS,the Mayor and City Commission finds that it is in the best interest of its residents,
businesses and visitors to adopt these regulations to protect the public health, safety and welfare.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the
Florida Legislature to adopt legislation expressly authorizing the imposition of standalone stay away
orders for defendants to stay away from victims or locations as part of criminal sentencing and without
a condition of probation.
PASSED AND ADOPTED this 10th day of February, 21.
ATTE 'f 'an Gelber, Mayor APPROVED AS TO
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Rafael . Gr nado, C7ity�C erk S''-- .. :: &'FOR EXECUTION
(Sponsored by Commissioners Michael dongora and Mark Samuelian)
City Attorney \� D
Resolutions -C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting CityAttomey
DATE: February 10, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ADOPT LEGISLATION EXPRESSLY AUTHORIZING THE IMPOSITION OF
STANDALONE STAY AWAY ORDERS FOR DEFENDANTS TO STAY AWAY
FROM VICTIMS OR LOCATIONS AS PART OF CRIMINAL SENTENCING
AND WITHOUT A CONDITION OF PROBATION.
RECOMMENDATION
Pursuant to the request of Commissioners Mark Samuelian and Michael Gongora, the above-
referenced Resolution is submitted for consideration by the Mayor and City Commission at the
February 10, 2021 Commission Meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian and Commissioner Michael Gongora
ATTACHMENTS:
Description
❑ Resolution
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