Resolution 2021-31959RESOLUTION NO., 2021-31959
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE MIAMI-DADE STATE ATTORNEY'S
OFFICE TO VIGOROUSLY PROSECUTE QUALIFYING REPEAT CRIMINAL
OFFENDERS, PURSUANT TO FLORIDA'S HABITUAL MISDEMEANOR
OFFENDER LAW, AS SET FORTH IN FLORIDA STATUTE 775.0837; AND
FURTHER URGING THE ELEVENTH JUDICIAL CIRCUIT COURT OF
FLORIDA, COUNTY COURT CRIMINAL DIVISION, TO APPROPRIATELY
SENTENCE QUALIFYING HABITUAL MISDEMEANOR OFFENDERS IN
ACCORDANCE WITH, AND TO THE FULLEST EXTENT PERMITTED BY, THE
HABITUAL MISDEMEANOR OFFENDER LAW.
WHEREAS, the City continues to experience an increasingly large number of visitors,
tourists and other individuals entering the City throughout the year; and
WHEREAS, an unacceptably large number of those entering the City commit quality of
life criminal misdemeanor offenses while within the City; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted
Resolution No. 2017-30023, which authorized the City Attorney's Office to commence the in-
house prosecution, by and through a City municipal prosecution team, of those individuals
exclusively charged with violating the City's criminal ordinances; and
WHEREAS, the Miami -Dade State Attorney's Office (the "Miami -Dade SAO") continues
to be the prosecutorial entity responsible for the prosecution of those offenders arrested for the
commission of all felony, misdemeanor, and/or County ordinance violations (which also includes
City ordinance violations if committed in conjunction with any felony, misdemeanor or County
ordinance violation); and
WHEREAS, the Miami -Dade SAO and the Judges of the County Court of the Eleventh
Judicial Circuit, in and for Miami -Dade County, typically have considerable discretion pertaining
to the prosecution and sentencing of those criminal cases involving misdemeanor offenses; and
WHEREAS, Fla. Stat. §775.0837 specifically sets forth the legally permissible
sentencing options pertaining to habitual misdemeanor offenders convicted of specified
misdemeanor offenses; and
WHEREAS, pursuant to Fla. Stat. §775.0837, a habitual misdemeanor offender is a
defendant before the court for sentencing for a specified misdemeanor offense and having
previously been convicted, as an adult, of committing four (4) or more specified misdemeanor
offenses within the twelve (12) months preceding the commission of the offense for which such
defendant is being sentenced; and
WHEREAS, specified misdemeanor offense, as that term is defined in Fla. Stat.
§775.0837 includes, but is not limited to, the following offenses: assault, battery, prostitution,
theft, trespass, disorderly intoxication, indecent exposure, and loitering or prowling; and
WHEREAS, pursuant to Fla. Stat. §775.0837, a defendant before the Court for
sentencing as a habitual misdemeanor offender, on a specified misdemeanor offense, must be
sentenced to a term of imprisonment or detention, or a residential treatment program, for a
period of at least six (6) months, unless the Court makes a finding that an alternative disposition
is in the best interests of the community and the defendant; and
WHEREAS, in order to serve as an effective deterrent to repeat offenders and comply
with the law, it is imperative that habitual misdemeanor offenders are vigorously prosecuted and
appropriately sentenced pursuant to the habitual misdemeanor offender law.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby urge the Miami -Dade
State Attorney's Office to vigorously prosecute qualifying repeat criminal offenders, pursuant to
Florida's habitual misdemeanor offender law, as set forth in Florida Statute 775.0837; and
further urge the Eleventh Judicial Circuit Court of Florida, County Court Criminal Division, to
appropriately sentence qualifying habitual misdemeanor offenders in accordance with, and to
the fullest extent permitted by, the habitual misdemeanor offender law.
PASSED and ADOPTED this S
ATTEST:
HCORPAORATED;
E. Granado, City Cl
day of December, 2021.
Dan Gelber, Mayor
DEC 1 3 2021
(Sponsored by Commissioner Steven Meiner)
2
APPROVED AS TO
FORM. & LANGUAGE=
& FOR EXECUTION
Cy Y'
City Attorney Date
Resolutions - R7 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: December 8, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE MIAMI-DADE STATE
ATTORNEY'S OFFICE TO VIGOROUSLY PROSECUTE QUALIFYING
REPEAT CRIMINAL OFFENDERS, PURSUANT TO FLORIDA'S HABITUAL
MISDEMEANOR OFFENDER LAW,AS SET FORTH IN FLORIDA STATUTE
775.0837; AND FURTHER URGING THE ELEVENTH JUDICIAL CIRCUIT
COURT OF FLORIDA, COUNTY COURT CRIMINAL DIVISION, TO
APPROPRIATELY SENTENCE QUALIFYING HABITUAL MISDEMEANOR
OFFENDERS IN ACCORDANCE WITH, AND TO THE FULLEST EXTENT
PERMITTED BY, THE HABITUAL MISDEMEANOR OFFENDER LAW.
ANALYSIS
I'd like to place this item on the December 8, 2021 City Commission meeting agenda for
consideration of the attached Resolution, which sets forth the pertinent details of the item.
SUPPORTING SURVEY DATA
N/A.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item,pursuant to
City Code Section 2-14?
No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
❑ Resolution.
Does this item utilize G.O.
Bond Funds?
No
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