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04-24-07 Item 51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO.: A RESOLUTION OF THE ]MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESTORATION OF EX- FELONS' RIGHTS; SUPPORTING GOVERNOR CHARLIE CRIST' S CAMPAIGN PROMISE TO FACILITATE VOTING RIGHT RESTORATION WITHIN STATE; AND ACKNOWLEDGING THE GOVERNOR, AS A VOTING MEMBER OF THE FLORIDA BOARD OF EXECUTIVE CLEMENCY WHO VOTED ON A PLAN TO ALLOW MOST FELONS TO AUTOMATICALLY RESTORE THEIR VOTING RIGHTS UPON COMPLETION OF THEIR SENTENCES, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami urges the Governor of the State of Florida, Charlie Crist to move forward with his ex -felon voting rights initiative; and, WHEREAS, Florida, until Governor Charlie Crist's actions, was one of only three states in the nation still enforcing the Jim Crow -era law that required felons to go through a lengthy and cumbersome process, including a review before the state's clemency board, to have their rights restored; and, WHEREAS, Governor Crist, and members of the State Cabinet sit as the Florida Board of Executive Clemency, which rules upon convicted felons' requests to have their civil rights restored; and, WHEREAS, recently, local newspapers have reported that Governor Crist has the votes necessary to make the change to the state's clemency rules to allow most felons an automatic restoration of their voting rights upon completion of their sentences; and, WHEREAS, on Friday, April 6, 2006, the Miami Herald reported that Governor Crist pass a compromise plan that will enable many ex- convicts to regain rights more quickly, allow therm to serve on juries and get jobs; and, WHEREAS, the Mayor and City Commission desire to express their support of Governor Crist in his efforts to restore ex- felons' voting rights. Additions shown by underlining and deletions shown by everstfiking. 1 NOW THEREFORE BE IT ]RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 3 4 Section 1. The above whereas clauses are incorporated by reference. 5 6 Section 2. Under the new Clemency Rules approved by Governor 7 Charlie Crist and the Florida. Clemency Board, felons are to be categorized in one 8 of three tiers, which will determine the process they must follow to obtain 9 restoration of their civil rights: 10 11 Tier 1: The names of felons who have committed less severe crimes, 12 paid restitution, and have no pending charges will be compiled into a list and sent 13 to the Clemency Board, which will vote on restoring their civil rights; 14 15 Tier 2: The state Parole Commission will review the cases of felons 16 who are repeat offenders or have committed violent offenses, but not murder, 17 terrorism or sex crimes. The information will go to the Clemency Board, which 18 will decide whether to expedite restoration of civil rights or demand a full 19 clemency hearing. 20 21 Tier 3: The names of sex offenders, murderers and other violent 22 criminals who have paid restitution and have remained crime -free for 15 years will 23 be sent to the Clemency Board, which will have 30 days to decide whether to 24 require a full clemency hearing before restoring their civil rights. 25 26 Section 3. The mayor and city commission support Governor Crist in his 27 efforts to restore ex- felon's civil rights, so that they may eventually vote, sit on 28 juries, and obtain employment. 29 30 Section 4. This resolution shall take effect immediately upon approval. 31 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney i 0 day of , 2007. APPROVED: Page 3 of 3 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: