Res No 004-23-15938RESOLUTION NO: 004-23-15938
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SUPPORTING THE POSITIONS OF THE MIAMI-DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE AND THE STATE ATTORNEY ON BAIL
REFORM; RECOGNIZING THE CITY OF MIAMI BEACH'S CONCERNS
REGARDING BAIL AND BOND REFORM AS SET FORTH IN THE CITY OF MIAMI
BEACH RESOLUTION NO. 2022-32443; FURTHER D I RECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MUNICIPALITIES IN
MIAMI-DADE COUNTY, THE FRATERNAL ORDER OF POLICE, THE POLICE
BENEVOLENT ASSOCIATION, AND THE MIAMI-DADE LEAGUE OF CITIES;
AND URGING ALL SUCH ENTITIES TO JOIN THE CITY'S POSITION ON THIS
MEASURE.
WHEREAS, on A ugust 11, 2022, M iami -Dade County State Att orney Ka theri ne
re:mandez Rundle iss ued a docum ent titled "Im proving Pret rial Release in M iam i-Dade
County, Perspective of Sta te Attorney Ka therine Fernandez Ru ndl e", together with
App endix A th er eto "Guidin g Princip les and Detailed Proposal for Implementation",
App endi x B "Excludable Offense Li st", and "Update Ad d end um to Augu st 11, 2022
Documents" dated August 29, 2022, w hich set fort h the State Attorney's position on the
proposed bail syste m refo rm known as the Ad vanced Pretrial Policy & Research Project
("APPR") (collectively, the "S t ate Attorney's Position Stat eme nt"); and
WHEREAS, the Miami-Dade Coun t y Associatio n of Chiefs of Police ("Dade Chiefs")
adopted a Reso lution Re APPR on October 3, 2022 indicati ng their sup port for the p lan to
modify the bail bond system to the exte nt that: (i) It is phas e d in and otherwise
implemented in acco rd ance with State Attorney Katherine Fernandez Rund le's
recommendations; an d (ii) It i s eva lu ated on an ongoin g basis and t i mely modified as may
be needed to e nsure th at public safety is not co m prom ised ("Da d e Chiefs' Posi t ion "); and
WHEREAS, on October 19, 2022, Miami-Dade County State Attorney Kat h eri ne
Ferna nd ez Rundle issued an "Updated Perspective" to the State Attorney's Position
Statement, w hich ha s not been formally end orsed by resolution of the Dade Chie f s; and
WHEREAS, the City of Miami Beach adopted Re sol ution No. 2022-32443 on
Dece mb er 14, 2022, stron gly oppo sin g the proposed criminal court administrative o rd er
r elating to bail and bond r efo rm to t he extent that the order would r esult i n gra nt in g
crimin al offend ers rel ease on their own recognizance, w ithout attending a first
app ea r anc e h ea ring before a judge and w ithout any moneta ry bond be in g posted,
including offenders arrested for a w id e ran ge of cr i m es such as f i rst an d second d eg r ee
m isd emeanor offen ses, and ce rtain felony offenses; and
WHEREAS, the City Co mmiss i on of the City of South Miam i wishes to su pport the
Dade Chiefs' Po sition and Sta te Attorney's Position Statement with respect to ba i l an d
bond r eform, as we ll as recogn ize the City of M iam i Beach 's concerns re ga rdin g bai l an d
Page I of 3
Res. No. 004-23-15938
bond reform as set forth in Ci t y of Miam i Beach Resolut ion No. 2022-32443 adopted on
December 14, 2022.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA.
Section 1. Recitals Adopted . Th e foregoing r ec ita ls are h ereby ratified and
confirmed as being true and correct and are hereby made a specific part o f th is reso l ution
upon adoption hereof.
Section 2 . Supporting the Miami-Dade County Association of Chiefs of
Police and State Attorney's Positions on Bail Reform; and Recognizing the City of Miami
Beach's Concerns Regarding Bail and Bond Reform as Set Forth in the City of Miami Beach
Resolution No. 2022-32443. The City Commission h ereby supports the Dad e Ch iefs'
Po sition and State Attorney's Position Statement with respect to bail and bond r eform .
The City Commission re cognizes the City of M iami Beach's concerns regarding bai l and
bond reform as se t forth in City of M iami Beach Resolution No. 2022-32443 adopted on
December 14, 2022. The City Commission u rges all municipalities in Miami-Dade County,
the Fraternal Order of Police, the Police Benevolent Associat ion , and the Miami-Dade
County Lea gue of Cities to join the City's p osition on th is measure.
Section 3. Implementation. Th e City Manager is hereby authorized to take any
and all necessary action to implement the purposes of this Resolution.
Section 4. Providing for Transmittal. Th e City Cler k is hereby directed to tra nsm it
a copy of thi s Reso lu tion to al l municipalities in Miami-Dade County, t h e Fraternal Or der
of Police, the Poli ce Benevolent Association, and the Miami-Dade Coun t y League of Cities.
Section 5. Corrections. Conforming language or technical sc ri vener-type
correcti on s ma y be made by the City Attorney for any co nformi ng amendments to be
incorporated into the final reso lution for signature.
Section 6. Severability. If any sect ion clause, sen tence, or phrase of this
resol ution is for any r easo n held invalid or unconstitut iona l by a court of competent
jurisdiction, the holding w ill not affect the va l idity of the remaining portion s of t hi s
r eso lution.
Section 7. Effective Da t e . This r esolution w i ll become effective immediately
upon adoption.
PASSED AND ADOPTED this 17t h day of January, 2023.
ATTEST: APPROVED:
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Res. No. 004-23-15938
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTION THEREOF
CITY ATTORNEY
WE ISS SEROTA HELFMAN COLE &
BIERMAN, P.L.
Page 3 of 3
COMMISS ION VOTE: 5-0
Mayor Fernandez:
Vice Mayo r Bonich:
Commissioner Liebman:
Commissioner Corey:
Commissioner Calle:
Yea
Yea
Yea
Yea
Yea
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: January 17, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, STRONGLY
OPPOSING THE PROPOSED CRIMINAL COURT ADMINISTRATIVE ORDER RELATING TO BAIL AND
BOND REFORM, TO THE EXTENT THAT THE ORDER WOULD RESULT IN GRANTING CRIMINAL
OFFENDERS RELEASE ON THEIR OWN RECOGNIZANCE, WITHOUT ATTENDING A FIRST
APPEARANCE HEARING BEFORE A JUDGE AND WITHOUT ANY MONETARY BOND BEING POSTED,
INCLUDING OFFENDERS ARRESTED FOR A WIDE RANGE OF CRIMES SUCH AS FIRST AND SECOND
DEGREE MISDEMEANOR OFFENSES, AND CERTAIN FELONY OFFENSES; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO ALL MUNICIPALITIES IN MIAMI-DADE
COUNTY, THE FRATERNAL ORDER OF POLICE, THE POLICE BENEVOLENT ASSOCIATION, AND THE
MIAMI-DADE LEAGUE OF CITIES; AND URGING ALL SUCH ENTITIES TO JOIN THE CITY'S OPPOSITION
TO THIS MEASURE. 3/5 (VICE MAYOR BONICH) deferred at the December 20, 2022 meeting
Suggested Action:
Attachments:
Resolution Opposing Proposed Bail and Bond Reform CAv2.docx
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