LTC 029-2023 CITY OF SOUTH MIAMI RESOLUTION NO. 004-23-15938MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 029-2023 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Co mission
FROM:
DATE:
Rafael E. Granado, City Clerk
January 24, 2023
SUBJECT: CITY OF SOUTH MIAMI RESOLUTION NO. 004-23-15938
Attached for your information is Resolution No. 004-23-15938, adopted by the Mayor and City
Commission of City of South Miami on January 17, 2023.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SUPPORTING THE POSITIONS OF THE MIAMI-DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE AND THE STATE ATTORNEY ON BAIL
REFORM; RECOGNIZING THE CITY OF MIAMI BEACH'S CONCERNS
REGARDING BAIL AND BOND REFORM AS SET FORTH IN THE CITY OF
MIAMI BEACH RESOLUTION NO. 2022-32443; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL
MUNICIPALITIES IN MIAMI-DADE COUNTY, THE FRATERNAL ORDER OF
POLICE, THE POLICE BENEVOLENT ASSOCIATION, AND THE MIAMI-DADE
LEAGUE OF CITIES; AND URGING ALL SUCH ENTITIES TO JOIN THE CITY'S
POSITION ON THIS MEASURE.
The City of South Miami Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F :\CLER\$ALL\LILIA\L TC's -Transmittal's\South Miami\Resolution 004-23-15938 City of South Miami.docx
RESOLUTION NO: 004-23-15938
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SUPPORTING THE POSITIONS OF THE MIAMI-DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE AND THE STATE ATTORNEY ON BAIL
REFORM; RECOGNIZING THE CITY OF MIAMI BEACH'S CONCERNS
REGARDING BAIL AND BOND REFORM AS SET FORTH IN THE CITY OF MIAMI
BEACH RESOLUTION NO. 2022-32443; FURTHER DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MUNICIPALITIES IN
MIAMI-DADE COUNTY, THE FRATERNAL ORDER OF POLICE, THE POLICE
BENEVOLENT ASSOCIATION, AND THE MIAMI-DADE LEAGUE OF CITIES;
AND URGING ALL SUCH ENTITIES TO JOIN THE CITY'S POSITION ON THIS
MEASURE.
WHEREAS, on August 11, 2022, Miami-Dade County State Attorney Katherine
remandez Rundle issued a document titled "Improving Pretrial Release in Miami-Dade
County, Perspective of State Attorney Katherine Fernandez Rundle", together with
Appendix A thereto "Guiding Principles and Detailed Proposal for Implementation",
Appendix B "Excludable Offense List", and "Update Addendum to August 11, 2022
Documents" dated August 29, 2022, which set forth the State Attorney's position on the
proposed bail system reform known as the Advanced Pretrial Policy & Research Project
("APPR") (collectively, the "State Attorney's Position Statement"); and
WHEREAS, the Miami-Dade County Association of Chiefs of Police ("Dade Chiefs")
adopted a Resolution Re APPR on October 3, 2022 indicating their support for the plan to
modify the bail bond system to the extent that: (i) It is phased in and otherwise
implemented in accordance with State Attorney Katherine Fernandez Rundle's
recommendations; and (ii) It is evaluated on an ongoing basis and timely modified as may
be needed to ensure that public safety is not compromised ("Dade Chiefs' Position"); and
WHEREAS, on October 19, 2022, Miami-Dade County State Attorney Katherine
Fernandez Rundle issued an "Updated Perspective" to the State Attorney's Position
Statement, which has not been formally endorsed by resolution of the Dade Chiefs; and
WHEREAS, the City of Miami Beach adopted Resolution No . 2022-32443 on
December 14, 2022, strongly opposing the proposed criminal court administrative order
relating to bail and bond reform to the extent that the order would result in granting
criminal offenders release on their own recognizance, without attending a first
appearance hearing before a judge and without any monetary bond being posted,
including offenders arrested for a wide range of crimes such as first and second degree
misdemeanor offenses, and certain felony offenses; and
WHEREAS, the City Commission of the City of South Miami wishes to support the
Dade Chiefs' Position and State Attorney's Position Statement with respect to bail and
bond reform, as well as recognize the City of Miami Beach's concerns regarding bail and
Page I of 3
Res. No. 004-23 -15938
bond reform as set forth in City of Miami Beach Resolution No. 2022-32443 adopted on
December 14, 2022 .
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA .
Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof.
Section 2 . Supporting the Miami-Dade County Association of Chiefs of
Police and State Attorney's Positions on Bail Reform; and Recognizing the City of Miami
Beach's Concerns Regarding Bail and Bond Reform as Set Forth in the City of Miami Beach
Resolution No. 2022-32443. The City Commission hereby supports the Dade Chiefs'
Position and State Attorney's Position Statement with respect to bail and bond reform.
The City Commission r ecognizes the City of Miami Beach's concerns regarding bail and
bond reform as set forth in City of Miami Beach Resolution No. 2022 -32443 adopted on
December 14, 2022 . The City Commission urges all municipalities in Miami -Dade County,
the Fraternal Order of Police, the Police Benevolent Association, and the Miami-Dade
County League of Cities to join the City's position on this measure.
Section 3. Implementation. The City Manager is hereby authorized to take any
and all necessary action to implement the purposes of this Resolution .
Section 4 . Providing for Transmittal. The City Clerk is hereby directed to transmit
a copy of this Resolution to all municipalities in Miami-Dade County, the Fraternal Order
of Police, the Police Benevolent Association , and the Miami-Dade County League of Cities.
Section 5 . Corrections. Conforming language or technical scrivener-type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated i nto the final resolution for signature .
Section 6. Severability. If any section clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding will not affect the validity of the remaining portions of this
resolution.
Section 7. Effective Date . This resolution will become effective immediately
upon adoption.
PASSED AND ADOPTED this 17 th day of January, 2023 .
ATTEST: APPROVED:
Page 2 of'3
Res. No. 004-23-15938
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTION THEREOF
~
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE &
BIERMAN, P.L.
Pag e 3 of 3
COMMISSION VOTE: 5-0
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Liebman:
Commissioner Corey:
Commissioner Calle :
Yea
Yea
Yea
Yea
Yea
City Commission Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type : Resolution
Agenda Section:
Subject:
Agenda Item No : 1.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, STRONGLY
OPPOSING THE PROPOSED CRIMINAL COURT ADMINISTRATNE ORDER RELATING TO BAIL AND
BOND REFORM, TO THE EXTENT THAT THE ORDER WOULD RESULT IN GRANTING CRIMINAL
OFFENDERS RELEASE ON THEIR OWN RECOGNIZANCE, WITHOUT ATTENDING A FIRST
APPEARANCE HEARING BEFORE A JUDGE AND WITHOUT ANY MONETARY BOND BEING POSTED,
INCLUDING OFFENDERS ARRESTED FOR A WIDE RANGE OF CRIMES SUCH AS FIRST AND SECOND
DEGREE MISDEMEANOR OFFENSES, AND CERTAIN FELONY OFFENSES; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MUNICIPALITIES IN MIAMI-DADE
COUNTY, THE FRATERNAL ORDER OF POLICE, THE POLICE BENEVOLENT ASSOCIATION, AND THE
MIAMI-DADE LEAGUE OF CITIES; AND URGING ALL SUCH ENTITIES TO JOIN THE CITY'S OPPOSITION
TO THIS MEASURE. 3/5 (VICE MAYOR BONICH) deferred at the December 20, 2022 meeting
Suggested Action:
Attachments:
Resolution Opposing Proposed Bail and Bond Reform CAv2 .docx
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