Res No 009-95-95581
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RESOLUTION NO. 9'95 -9558
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA LEGISLATURE
TO ENACT.THE OFFICER EVELYN GORT CAREER CRIMINAL ACT IN
THE 1995 LEGISLATIVE SESSION.
WHEREAS, public safety and tranquility is and should always be
the highest priority of government; and
WHEREAS , the crime and the f ear of crime in Florida negatively
affects the quality of 1 if a in Florida and threatens the economy of
the state; and
bein
comml
WHEREAS, Florida is in a state of
crisis
g terrorized by criminal activity, in
tted by repeat offenders known as career
WHEREAS, career
convicted repeatedly,
even more crimes; and
as its citizens are
particular, crimes
criminals; and
criminals are individuals arrested and
and then returned to the community to commit
WHEREAS, Florida has created a revolving door for career
criminals, thereby wasting local tax dollars spent identifying,
arresting and prosecuting offenders who spend little or no time in
prison once convicted; and
WHEREAS, statistics compiled in Fiscal Year 1992/1993 indicate
that 529 out of 2,151 Florida criminals convicted of at least three
serious felonies, who served at least one previous state prison
sentence, and were again convicted of another serious felony, did
not get sentenced to even one day in prison, and
WHEREAS , the Of f icer Evelyn Gort Career Criminal Act is named
after a Dade County Police Officer, murdered by a 22- year -old
career criminal who amassed 21 felonies since his 18th birthday,
received only 2 state prison sentences , and served only six months
for both sentences combined; and
WHEREAS, the Officer Evelyn Gort Career Criminal Act is
presently a proposed law that would, if passed, impose fixed,
lengthy terms of imprisonment on persons convicted of burglary of
a structure, robbery or other forcible felonies, who have
previously been convicted three times or more for forcible
felonies, and who have been sentenced to at least one prior state
prison incarceration; and
WHEREAS, the Officer Evelyn Gort Career Criminal Act would
also impose a mandatory 15 year prison term on any person convicted
of possessing a f irearm who has three or more previous convictions
or delinquency adjudications for forci and
ble felonies;
WHEREAS, the Officer Evelyn Gort Career Criminal Act provides
that career criminals receive a mandatory prison term of 10 years,
30 years, or life, depending on the degree of the forcible felony
for which they are convicted; and
WHEREAS, the Officer Evelyn GoX:t Career Criminal Act prevent
career criminals f rom serving less than 85% of their sentences; anwql
WHEREAS, the Qf f iger Evelyn Gort Career Crimij2al Act is
absolutely imperative to isolate violent career criminals who
commit an inordinate number of the crimes in our community, ruining
the quality of lif e in Florida, as well as causing immeasurable
pain, suffering and loss to victims and their loved ones, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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MAYOR
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READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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FROM
DATE:
SUBJECT:
CITY of SovTS MIAMI
POLICE DEPAR
Mayor and City Commission
Eddie Cox,
City Manager
December 23 ,
Agenda Item
Officer Evel
1994
No. L loo
yn Gort Career
Next Commission Meeting: 1
Criminal Act
3 95
_________________=____________=___ _______= ___= ___ =___= =_______ =__
BACKGROUND .
In the 1995 Florida Legislative Session
entitled the Officer Evelyn Gort Career
presented for consideration. The State of
f ram
the
upon
Fq::1 11111111 111111ift
a Career Criminal Sill
Criminal Act will be
Florida
(percentagewi s e) of our
is under seige
society called
Career Cr 'nal. These predators make their living preying
societye
by these people
The only solution to the societal problems caused
is to remove them front society itself .
This Career Criminal Act establishes
categorization of the label "Career Cri.miaato
courses of conduct . Upon being i dentified
this legislation also provides for mandatory
I am enclosing a memorandum from Chief
Dade County Assocition of Chief s of P
of the passage of this B ill* I am al
that explain is detail the Evelyn Gort
of the actual Bill, and a sample Reso
cogs ' deration is support of the passag
criteria for the
,n based upon certain
as a Career Criminal
terms of sentence,
Pat Kiel, President,
olice, recommending
so enclosing support
Career Criminal Act,
lution for the Comi
nt
re of this legislatio
o f the
support
f lyers
a copy
ssion's
n.
Support of passage of the Of f icer Evelyn Gort Career Criminal Act .
Removal from our com�auaity those persons who refuse to abide by
society's laws.
None
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TO: Dade County Municipal
Police Chiefs
FROM :
1 00
Chief Pa
.rick Kiel
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DEC � 1g9 ••� •
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CHIEFS OF ��•
GEW MEMORANDUM -
DATE :
November
29,1994
SUBJECT: Career
Criminal Act
The Dade County Commission recently passed a resolution urging the
Florida •Legislature to enact the Officer Evelyn Gort Career
Criminal Act. Additionally, the Florida League of Cities on
November 18, 1994, made
the enactment of the Act a part of their
legislative platform. It would be
very helpful, if as
individual municipalities as possible pass similar resolutions
assist Police Chiefs in presenting this issue to their city
governments, a model resolution is attached, along with brochures
describing the Act and the text of the Act as it will be presented
to the 1995 Florida Legislature. Police Chiefs are requested to
bring this resolution before their city governments and request the
enactment of *a resolution supporting the Act by their respective
municipalities. Once enacted, it is important that each Chief see
that copies are sent to,, Florida Senators and Representatives
having jurisdiction over any part of their municipality.
Additionally, please send copies of all enacted resolutions to
George Aylesworth , Metro -Dade Police Department, 9105 N . W . 25 St.,
Rm. 3042, Miami, Florida 33172.
many
To
Attachments.
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309- 2166A -94
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�i aiiAD
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Vial ►� ►i.V 1 fuliv
Proposed CS for CS for SB 1070
I A bill to be entitled
2 An act relating to career criminals; rovidin
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3 for min imuat mandatory tersas of i mP riso=ent for
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4 "career criminals," as defined; rovidin that
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5 the requirements for sentencing "career
criminals" do not preclude imposing the death
penalty in capital cases; providin g a
tation On the period during which an
offense is considered a prior offense for
purposes of sentencing a person as a career
criminal; Authorizing the award of certain
gi n -time for s person sentenced as a career
criminal; amending s. 790.23. F.S., as amended;
.
providing a minimum mandatory term of
imprisonment for certain persons convicted of
tutlavful poasession of firearms* electric
weapons or devices, or other Meaponss providing
applicability= providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "of f i cs r
Evelyn Gott Carer Criminal Act.'
Section 20 Career csiminalss definition= penalties
after July
t1) A person who commits a crime on or
1994, is a career criminal if that person:
a) Is convicted oft
1. Burglary, as defined in section 810.02. Florida
Statutes; robbery, as defined in section 812 13 Flo ida
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Statutes; or any other
776.08, Florida Statut
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forcible felony, as defined in section
es; or
41 CaDZM O* words stsiekea are deletions
words underlined are additions.
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29 A felony violation
. involving t�
Florida Statutes
rearm;
Proposed CS for CS for S8 1070
of any provision of chapter 790,
use or possession of a
( b) Has been convicted as
evicusly for forcible
state, or in any other state
an adult three or more times
felonies that were
United States
for Ju
�c)
coMai tted in this
.
. the District of Columbia, the
t or any possession or territory thereof, or any
risdiction; and
Ras been incarcerated in a - state prison or a
federal prison
(2)
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In order to be counted as a prior forcible
felony
e
for the purposes of this section* each of .
the prior forcibl
felonies Faust have resulted in a conviction sentenced
separately prior to the current offense and senten
ced
separately from any other forcible felon conviction Son that is
to be counted as a prior forcible felony*
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3) /When the court finds that the defendant
is a
career criminal
section.
cap
• it Shall impose aenteaee aceord3nq to this
if the offense of which the person is convict
ed:
Is a life felony or a felony of the first degree,
the person shall be sentenced to life risoaat
� eat and is not
eligible for earl release
Y by control relsass or emergency
control release pursuant to section 947.146. 2'lor
. ids Statutes,
or by parole pursuant to section 94
7 . ! 6 , Florida Statutes,
(b) Is a felony of the second degree, the
person shill
be sentenced to a minimum mandatory term of 30 years
release or
s not eligible for early release by control
emergency control release pursuant to section
1479146, Florida Statutes,
47.16, Florida statutes.
v' CoD1110: Words stricken ar
or by parole pursuant to section
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e deletions;
words underlined are additions.
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1 (c) Is a felony of the third degree, the person shall
Z be sentenced to a minimum mandatory term of 10 years
3 imprisonment and is not eligible for early release by control
1 release or emergency control release pursuant to section
947.146, Florida Statutes, or by parole. pursuant to section
947.16, Florida Statutes.
(4) This section is in lieu of s and not an alternative
to, section 775.084, Florida Statutes. If a person meets the
definition of a career crizinal, he must be sentenced under
this section and may not be sentenced under section 775.084,
Florida Statutes, or any other sentencing provision of the
Florida Statutes unless such other provision provides for a
minimum mandatory term of life imprisonment without
possibility or eligibility 6 for early release by control
release or emergency control release pursuant to section
947.146, Florida Statutes, or by parole pursuant to section
947.16, Florida Statutes.
(5) The felony for which a person is sentenced under
this section must have been cc=itted within 10 years after
the date of conviction or finding of quilt, regardless of
whether adjudication was withheld, for the person's last prior
felony, or must have been committed within 10 years after the
person's release, on parole or otherwise
from a prison
sentence or other commitment imposed as a result of a prior
conviction or finding of quilt, regardless of whether
adjudication was withheld, for any felony, regardless of the
nature or degree of a felony, whichever is later.
(6) A sentence imposed under this section is not
subject to section 921.001, Florida Statutes. A prisoner
h
w ose sentence is iMposed under this section is not eligible
for gain -time pursuant to section 944.275(4)(c)s (d), or leis
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CODING: words
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str2ockee are deletions; words underlined are additions.
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Proposed CS for CS for SB 1070
1 Florida Statutes, except that for
each 100 days in which a
Z prisoner whose sentence is imposed mPo d under this section works
3 diligently, participates in training, uses time
4 constructively, or otherwise en
gages.in positive activities,
5 the Department of Corrections may grant up to 15 days of
6 incentive gain -tie, which shall
be credited and applied ever
7 100 days. gy� Y
p o ever, a person sentenced under this
section may
a not serve leas than 85 rcent o
FQ f his sentence, and early
� release by control release, eater
9ency control release, or
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parole, eYCept for pardon or executive ve clemency, is expressly
prohibited.
(7) This section does not precludes the imposition of
the death penalty for COAViCZfOA of a capital felonp.
Section 3. Section 790.23, Florida
Statutes, as
amended by section 6 of chapter 93 -416
. Laws of Florida, is
amended to read:
790.23 Felons and delinquents= sse
po ssion of firearms
or electric weapons or devices unlawful: minfm� *.
_ rat of
imnrisaameeL ,
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1) Zt is unlawful for any person to
own or to have in
his or her care, custody, possession, or control any firearm
or electric weapon or device, or to cars -
a
including a tear gas gun or
Person has been:
jr concealed weapon,
chemical weapon or device, if that
.
�s) Convicted of a felony or found to
have committed a
Self nquent act that would be a felony if committed by an adult
Ln the courts of this state
s
(b) Convicted of or found to have
committed = crime
gainst the united States
which is designated as a felony;
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(c) Found to have committed a delinquent act e in
'other state, terrftoryt or country that would be a felony f f
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tCDING ee Words atriekee are deletions; words
underlined are additions.
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309 -2t 66A -94 Proposed CS for CS
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1 commd by an adult and which was unishable b i
itte ich '
P y mprtson:aent
2 for a term exceeding 1 year, or
3 (d) Found guilty of an offense that is
a felony in
another state# territory, or country and which was unishabl
P e
5 by imprisonment for a term exceeding 1 year.
6 (2) This section shall not apply pp y to a person convicted
7 of a felony whose civil rights and firearm authority have been
8 restored, or to a person found to have committed
a delinquent
9 act that would be a felony if committed b ad '
y an adult with
10 respect to which the jurisdiction of the court urs
p cant to
11 chapter 39 has expired*
12 (3) Any person who violates this section
coMai is a
13 felony of the' Second degree# punishable as rovid
p ed in s.
14 775.082, s. 773.083, or soa775.084.
15 (41- A person who is convicted of violating
subsection
16 1 which offense was committed on or after Jul V It
1994, and
17 who has been convicted three or more times arevicusl for
18 forcible felonies as defined in s. 776008 whether the
19 revious convictions or ad udi cat f one were as an adult or as a
20 juvenile shall be sentenced to a minimum mandator
terra of IS
21 Zears ' f risoment and is not
eligible for earlZ release by
22 control release or emergency control release oursuant to s.
23 947.146 or by arole toursuant to s. 9479160 BoMever
. a verson
24 who would be sentenced to a lon er texas of fmorfsonm
ent
Ift
25 Bursuant to section 2 of this act must be sentenced
under that
26 section and not under this subsection. In order to
be counted
27 as a Prior forcible
felonX for the 12urposes of this
28 subsection# all of the mrior forcible felonies must have
29 resulted in either a conviction as an adult which was
30 sentenced se aratel or in an ad udication as a juvenile
31 which was entered sevarat
elyp prior to the current offense
and
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CEDING: words strieken are deletions; words underlined are additions.
1 � - JIM
309- 2166A -94
or
1 senten
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Proposed CS for CS for S8 1070
i or adjudicated aeaarat���
from anv cth�r forcible
"
- - -- -...� +pie
2 felony convfctfon or odiudieation that is to be ccun *.a as a
3 Maor forcible feler.,
4 Section 4. This act shall take e
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ffect July 1, 1994.
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