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Add-On Item a)
Sponsored by: Mayor Stoddard
City Commission Meeting 9-03-13
RESOLUTION NO. ______ _
A Resolution authorizing the City of South Miami to support the
Aaron Cohen Life Protection Act which targets Florida hit and run drivers.
WHEREAS, the City of South Miami strongly recommends that The
Florida Legislature can enhance the safety of pedestrians and bicyclists by
supporting the Aaron Cohen Life Protection Act. If passed, this law would
increase the penalties for leaving the scene of an accident (LSA) to be more
commensurate with the penalties for DUI.
Florida Senator Miguel Diaz de la Portilla recently introduced the Aaron
Cohen Life Protection Act into the Florida State Senate. The proposed legislation
is named after Aaron Cohen, a triathlete and father who was killed when he and
cyclist Enda Walsh were struck by a vehicle driven by Michael Traverso in
February 2012.
If passed, the Aaron Cohen Life Safety Act would close the "punishment
gap" and increase the penalties for Florida hit and run drivers to be commensurate
with Florida's DUI laws, removing the incentive for drunk drivers to flee the
scene of a serious accident. Key provisions of the draft legislation include:
• A classification of "vulnerable road users" under the law, designed to protect
persons injured in accidents who are not protected by the metal exoskeleton of
an automobile, such as pedestrians, cyclists, motorcyclists, police officers and
first responders, road constructions workers, etc.
• An amendment to Florida statute 316.027, calling for mandatory minimum
sentencing for hit and run offenders under the following tiered punishment
matrix:
o 3 years if the crash results in injury to a "vulnerable road user" as
defined by the statute;
o 5 years if the crash results in injury to a person;
o 7 years if the crash results in serious bodily lllJury, such as
disfigurement or impairment of body parts;
o 10 years if the crash results in the death of a person
• A mandatory 3 year period of license revocation for all hit and run offenders
• A revision of Florida statute 921.022, regarding the offense severity ranking
chart. Leaving the scene of a crash involving serious bodily injury would be
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Add-On Item a)
Sponsored by: Mayor Stoddard
City Commission Meeting 9-03-13
treated as a 2 nd degree felony, tantamount to aggravated assault on a police
officer.
The proposed Aaron Cohen Life Protection Act in its entirety is at
h.!1p_;L!~jls~nate.gov/Sess50nlBill/20 14/0 1 02. For additional information, see
http://aaroncohenlaw.org/; and
WHEREAS, the City of South Miami joins Florida State Senator Diaz de la
Portilla, and other supporters of the Aaron Cohen Life Protection Act, including
Florida State Senator Rene Garcia, Florida State Representative Irv Slosberg,
Florida State Representative Eddy Gonzalez and Miami-Dade Commissioner Jose
"Pepe" Diaz, who has led the charge for the passage of this act locally.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Support. The City of South Miami hereby calls on its State Representatives
and Senators to support the Aaron Cohen Life Protection Act which targets Florida hit and run
drivers. The City Clerk is instructed to send a copy of this resolution to all of the Florida State
Representatives and Senators.
Section 3. 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 shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this __ day of ,2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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