Resolution 2023-32477RESOLUTION NO., 2023-32477
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, OPPOSING THE USE OF COMPUTER SOFTWARE
PROGRAMS BY FLORIDA CRIMINAL COURTS THAT MECHANICALLY
MEASURE A CRIMINAL DEFENDANT'S ELIGIBILITY FOR AND AMOUNT OF
BOND, INCLUDING THE "PUBLIC SAFETY ASSESSMENT" TOOL
PROPOSED TO BE UTILIZED BY THE ELEVENTH JUDICIAL CIRCUIT TO
RELEASE MANY "LOW-LEVEL" OFFENDERS ON THEIR OWN
RECOGNIZANCE, WITHOUT ATTENDING A FIRST APPEARANCE HEARING
BEFORE A JUDGE AND WITHOUT ANY MONETARY BOND BEING POSTED.
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 other misdemeanor
offenses being committed within its jurisdiction; and
WHEREAS, when an individual is arrested for a 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 r
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 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, the judiciary of the State of Florida has a considerable amount of discretion
in the administration of all aspects of criminal cases involving quality of life, misdemeanor, and
municipal ordinance offenses (including, but not limited to, setting appropriate conditions of pre-
trial release or a reasonable bond); and
WHEREAS, pursuant to Article V, Section 2(d) of the Florida Constitution and Section
43.26 of the Florida Statutes, the Chief Judge of each Judicial Circuit is charged with the authority
and power to promote the prompt and efficient administration of justice; and
WHEREAS; the Florida legislature also has plenary power to appropriate state funds for
use throughout the State of Florida, and
WHEREAS, the City has become aware that the Eleventh Judicial Circuit, in and for
Miami -Dade County is considering promulgating an Administrative Order that would establish a
revised Uniform Bail Bond Schedule; and
WHEREAS, the proposed Administrative Order, which the City has not been given the
opportunity to review and/or comment upon, may automatically grant criminal offenders a release
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First Appearance / Bond Hearing before a judge, and without posting any monetary bond amount;
and
WHEREAS, upon information and belief, the proposed Administrative Order will direct
Miami -Dade County Corrections and Rehabilitation to assess each criminal defendant's eligibility
for, and amount of, bond using a software -based Public Safety Assessment ("PSA") tool
developed by Arnold Ventures; and
WHEREAS, the algorithms, metrics, and assumptions that the Arnold Ventures PSA tool
utilizes have not been made available to the City or the public; and
WHEREAS, the use of PSA software tools to replace the reasoned judgment of a judge
at first appearance is antithetical to the very reason that the courts exist in this country and in this
State; and
WHEREAS, accordingly, the Mayor and City Commission oppose the use of computer
software programs by Florida criminal courts that mechanically measure a criminal defendant's
eligibility for and amount of bond, including the "public safety assessment" tool proposed to be
utilized by the Eleventh Judicial Circuit to release many "low-level" offenders on their own
recognizance, without attending a first appearance hearing before a judge and without any
monetary bond being posted.
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
oppose the use of computer software programs by Florida criminal courts that mechanically
measure a criminal defendant's eligibility for and amount of bond, including the "public safety
assessment" tool proposed to be utilized by the Eleventh Judicial Circuit to release many "low-
level" offenders on their own recognizance, without attending a first appearance hearing before a
judge and without any monetary bond being posted.
PASSED and
ATTEST:
ADOPTED this / day of February, 2023.
FEB-1-2 D 8 2023
Rafael E. Granado, City Clerk
Sponsored by Commissioner Alex J. Fernandez
ORA
elber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney — Date
Resolutions - C7 AL
MIAMI 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, OPPOSING THE USE OF COMPUTER
SOFTWARE PROGRAMS BY FLORIDA CRIMINAL COURTS THAT
MECHANICALLY MEASURE A CRIMINAL DEFENDANT'S ELIGIBILITY
FOR AND AMOUNT OF BOND, INCLUDING THE "PUBLIC SAFETY
ASSESSMENT" TOOL PROPOSED TO BE UTILIZED BY THE ELEVENTH
JUDICIAL CIRCUIT TO RELEASE MANY "LOW-LEVEL" OFFENDERS ON
THEIR OWN RECOGNIZANCE, WITHOUT ATTENDING A FIRST
APPEARANCE HEARING BEFORE A JUDGE AND WITHOUT ANY
MONETARY BOND BEING POSTED.
Pursuant to the request of Commissioner Alex Fernandez, the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 1, 2023 City
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
his a "
to Know" item. pursuant to
City Code Section 2-14?
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Legislative Tracking
Office of the City Attorney
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No
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS;
Description
a Resolution
Cardillo, Lilia
From: Granado, Rafael
Sent: Thursday, February 23, 2023 4:55 PM
To: Cardillo, Lilia
Subject: C7 AL - 2023-32477
Good afternoon Lilia,
I spoke to Commissioner Fernandez.
He notified me that there is no need to transmit this Resolution, as the Legislature will be looking into this.
Please print this email and include it with the Resolution for future reference.
Regards,
1
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel:305.673.7411 rafaelgranado(aD-miamibeachfi.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.