Resolution 2023-32479RESOLUTION NO. 2023-32479
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ENDORSING THE GOVERNOR'S ANTI -CRIME
LEGISLATIVE PROPOSAL WHICH, AMONG OTHER INITIATIVES,
PETITIONS THE FLORIDA SUPREME COURT TO ADOPT A STATEWIDE
UNIFORM BOND SCHEDULE THAT ALL STATE COURTS WOULD HAVE TO
ABIDE BY, AND FURTHER, EXPRESSING SUPPORT FOR THE
GOVERNOR'S INTENT TO UPHOLD LAW AND ORDER THROUGHOUT THE
STATE OF FLORIDA.
WHEREAS, on January 26, 2023, Governor Ron DeSantis announced his legislative
proposal (the "Proposal") to maintain and further improve Florida's 50-year record low crime rate;
and
WHEREAS, the Proposal opposes the abolishment of cash bail, increases penalties for
certain crimes and prevents the premature release of criminals committing certain offenses; and
WHEREAS, the Governor's legislation will bolster Florida's blueprint for fighting crime, as
other states continue to endanger their citizens by making it easier to put criminals back on the
street; and
WHEREAS, the City of Miami Beach (the "City"), along with various other municipalities
in Miami -Dade County, continues to experience a significant amount of quality -of -life offenses
(both of the municipal/county ordinance and misdemeanor variety), along with various other
offenses being committed within its jurisdiction; and
WHEREAS, when an individual is arrested for a misdemeanor(s) and/or criminal
municipal ordinance violation(s) within the City, the case is heard in the County Court of the
Eleventh Judicial Circuit, in and for Miami -Dade County, Florida; and
WHEREAS, the purpose of the First Appearance / Bond Hearing is for the presiding judge
to advise the defendant of the charges against him or her; to determine if the police had probable
cause to effectuate the arrest; to determine whether the defendant can pay for an attorney and, if
the defendant cannot, to appoint the public defender; and to set appropriate conditions of pre-trial
release or a reasonable bond; and
WHEREAS, it is vital to strengthen Florida's bond / bail laws by limiting who is eligible for
release prior to first appearance, and further ensuring that a judge is the ultimate decision maker
regarding pre-trial detention; and
WHEREAS, the City and Governor DeSantis share a common interest in supporting
policies that uphold law and order, and maintain the safety and prosperity of our residents, visitors,
and community at large; and
WHEREAS, the Mayor and City Commission endorse Governor DeSantis' Proposal to
fortify public safety measures, including his statewide uniform bond schedule, and intent to uphold
law and order throughout the State of Florida.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby endorse the Governor's
legislative proposal which, among other initiatives, petitions the Florida Supreme Court to adopt
a statewide uniform bond schedule; requires detention hearings to be held prior to trial for many
crimes; and ensures that judges are the ultimate decision -makers when it comes to pre-trial
detention; and further, expressing support for the Governor's intent to uphold law and order
throughout the State of Florida.
PASSED and ADOPTED this
AT
TEST:
N/ FEB 0 8 2023
Rafael E. Granado, City Clerk
day of February, 2023.
Dan Gelber, Mayor
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
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City Attorney Date
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Resolutions - C7 AO
NI 1 AM BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 1, 2023
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ENDORSING THE GOVERNOR'S ANTI -CRIME LEGISLATIVE PROPOSAL WHICH, AMONG OTHER
INITIATIVES, PETITIONS THE FLORIDA SUPREME COURT TO ADOPT A STATEWIDE UNIFORM BOND
SCHEDULE THAT ALL STATE COURTS WOULD HAVE TO ABIDE BY, AND FURTHER, EXPRESSING
SUPPORT FOR THE GOVERNOR'S INTENT TO UPHOLD LAW AND ORDER THROUGHOUT THE STATE OF
FLORIDA.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the attached Resolution is submitted for consideration by the Mayor and
City Commission.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
None.
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 Alex Fernandez
ATTACHMENTS:
Description
o Resolution