Resolution 2022-32302 RESOLUTION NO. 2022-32302
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY'S OFFICE AND
CITY ADMINISTRATION TO PREPARE AND HOST A TRAINING PRESENTATION
THAT, IN ADDITION TO PROVIDING APPROPRIATE CONTEXT, SCOPE AND
PURPOSE, OUTLINES THE WAYS IN WHICH ANY INTERESTED PERSON(S)
CAN ATTEND THE CRIMINAL COURT FIRST APPEARANCE/BOND.HEARINGS
OF DEFENDANTS ARRESTED FOR THE COMMISSION OF CRIMES IN THE CITY
OF MIAMI BEACH;AND FURTHER, REQUESTING THAT VARIOUS INTERESTED
STAKEHOLDERS BE INVITED TO PARTICIPATE IN THE TRAINING SESSION,
INCLUDING, BUT NOT LIMITED TO, THE MEMBERS OF THE COMMITTEE ON
THE HOMELESS, THE POLICE/CITIZEN RELATIONS COMMMITTEE, THE
LINCOLN ROAD BID, THE WASHINGTON AVENUE BID, THE OCEAN DRIVE
ASSOCIATION AND REGISTERED NEIGHBORHOOD ASSOCIATIONS IN THE
CITY, WITH THE TRAINING PRESENTATION TO ALSO BE RECORDED AND
MADE READILY ACCESSIBLE AND AVAILABLE FOR VIEWING BY ANY
RESIDENT, VICTIM OF ANY CRIME, OR OTHER MEMBER OF THE GENERAL
PUBLIC DESIRING TO ATTEND FIRST APPEARANCES OR BOND HEARINGS.
WHEREAS, the City of Miami Beach (the"City")continues to experience a significant amount
of quality of life offenses and other misdemeanor crimes occurring in 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; however, those cases in which there is any accompanying
State law violation(s) continue to be prosecuted by the Miami-Dade State Attorney's Office; and
WHEREAS, when a person is arrested for misdemeanor(s) and/or criminal municipal
ordinance violation(s), the case is heard in the County Court of the Eleventh Judicial Circuit, in and
for Miami-Dade County, Florida; and
WHEREAS, every person arrested for a criminal offense in the State of Florida must be taken
before a judge within 24 hours of arrest for a First Appearance/ Bond Hearing, unless such person
has been previously released in a lawful manner; and
WHEREAS, the purpose of the First Appearance / Bond Hearing is for the judge to advise
the defendant of the charges against him or her; to determine if the police had probable cause to
make 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, the judiciary has a considerable amount of discretion in all aspects of criminal
cases involving quality of life, misdemeanor, and municipal ordinance offenses; and
WHEREAS, the judiciary is generally not overly receptive to the City's prosecutorial efforts
with regard to securing a bond for repeat offenders (or defendants who have previously failed to
appear for court) in its municipal ordinance violation cases; and
WHEREAS, the involvement and attendance of residents (or resident groups) and
community partners, in monitoring (and actively participating at the discretion of the Judge) at First
Appearance / Bond Hearings may assist the City's Municipal Prosecution Team in securing more
favorable results at these hearings; and
WHEREAS, any enhancement in the City's prosecution and enforcement of misdemeanor
and'criminal municipal ordinance offenses may assist in facilitating a reduction in the commission of
crimes by repeat offenders in the City of Miami Beach; and
WHEREAS, community attendance (and potentially participation) may have a tangible effect
and, ultimately, provide a better quality of life for the City's residents, visitors and business operators;
and
WHEREAS, in order to provide access to First Appearance / Bond Hearings (including
access via remote electronic means), the City Attorney's Office has previously, upon request,
provided training for navigating these complex dockets to permit interested residents to view and
attend (remotely or in-person) First Appearance/ Bond Hearings; and
WHEREAS, in order to provide increased awareness of First Appearance / Bond Hearings,
and how any concerned member of the public may attend, the City's Municipal Prosecution Team
can prepare a PowerPoint training presentation which outlines the opportunities and options for
individuals to attend First Appearance/ Bond Hearings; and
WHEREAS, the Municipal Prosecution Team's First Appearance / Bond Hearing training
presentation would also provide important factual context and information including, but not limited
to, the following: the purpose of bond hearings, the scope of bond hearings, what the judge is
reviewing and determining at bond hearings, how to identify which bond hearing cases are City of
Miami Beach cases, proper court decorum, and how to address the Court (in the rare event that a
non-victim attendee is allowed to speak); and
WHEREAS, the City's Municipal Prosecution Team, in conjunction with the City
Administration, can invite various stakeholders and host the training,which training presentation can
also be recorded to make such training readily accessible and available for viewing by any member
of the public; and
WHEREAS, the City Attorney's Office and City Administration are fully supportive of this
Resolution and the direction set forth herein.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby direct the City Attorney's Office and City Administration to prepare and host a training
presentation that, in addition to providing appropriate context, scope and purpose, outlines the ways
in which any interested person(s) can attend the Criminal Court First Appearance / Bond Hearings
of defendants arrested for the commission of crimes in the City of Miami Beach; and further,
requesting that various interested stakeholders be invited to participate in the training session,
including, but not limited to, the members of the Committee on the Homeless, the Police/Citizen
Relations Committee, the Lincoln Road Bid, the Washington Avenue Bid, the Ocean Drive
Association and registered neighborhood associations in the city, with the training presentation to
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also be recorded and made readily accessible and available for viewing by any resident, victim of
any crime, or other member of the general public desiring to-attend First Appearances or Bond
Hearings.
PASSED and ADOPTED this P1 day of September, 2022.
ATTEST:
lDan Gelber, Mayor
Rafael E. rana•i o City Clerk SAP 2 i 2022
(Sponsored by Vice-Mayor Alex J. Fernandez) �•"• .�'y,,
% `:INCORPORATED)
4/
APPROVED AS TO
FORM & LANGUAGE
& FOR E CUTION
1/Z atottorneyw_ Date
3
Resolutions-C7 AG
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEYS
OFFICE AND CITY ADMINISTRATION TO PREPARE AND HOST A
TRAINING PRESENTATION THAT, IN ADDITION TO PROVIDING
APPROPRIATE CONTEXT, SCOPE AND PURPOSE, OUTLINES THE
WAYS IN WHICH ANY INTERESTED PERSON(S) CAN ATTEND THE
CRIMINAL COURT FIRST APPEARANCE / BOND HEARINGS OF
DEFENDANTS ARRESTED FOR THE COMMISSION OF CRIMES IN THE
CITY OF MIAMI BEACH; AND FURTHER, REQUESTING THAT VARIOUS
INTERESTED STAKEHOLDERS BE INVITED TO PARTICIPATE IN THE
TRAINING SESSION, INCLUDING, BUT NOT LIMITED TO, THE MEMBERS
OF THE COMMITTEE ON THE HOMELESS, THE POLICE/CITIZEN
RELATIONS COMMITTEE, THE LINCOLN ROAD BID, THE WASHINGTON
AVENUE BID, THE OCEAN DRIVE ASSOCIATION AND REGISTERED
NEIGHBORHOOD ASSOCIATIONS IN THE CITY, WITH THE TRAINING
PRESENTATION TO ALSO BE RECORDED AND MADE READILY
ACCESSIBLE AND AVAILABLE FOR VIEWING BY ANY RESIDENT,
VICTIM OF ANY CRIME, OR OTHER MEMBER OF THE GENERAL PUBLIC
DESIRING TO ATTEND FIRST APPEARANCES OR BOND HEARINGS.
ANALYSIS
Pursuant to the request of Vice-Mayor Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the September 14, 2022
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
None at this time.
Applicable Area
Citywide
Page 620 of 1700
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
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
o Resolution
Page 621 of 1700