HomeMy WebLinkAboutR-21-0398City of Miami
Legislation
Resolution: R-21-0398
File Number: 10700
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE
REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE; AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN
LAW OR IN EQUITY, AGAINST MIAMI-DADE COUNTY ("COUNTY")
REGARDING THE MIAMI-DADE COUNTY DEPARTMENT OF CORRECTIONS
AND REHABILITATION'S FAILURE TO PROVIDE PROVISIONS OR
ACCOMMODATIONS FOR THE TRANSPORTATION OF JAIL INMATES
RELEASED FROM THE TURNER GUILFORD KNIGHT CORRECTIONAL
CENTER LOCATED AT 7000 NW 41 ST STREET IN UNINCORPORATED
MIAMI-DADE COUNTY BACK TO THE INMATES' ORIGINATING
COMMUNITIES AND TO CEASE FROM FURTHER TRANSPORTING
RELEASED INMATES TO THE CITY OF MIAMI ("CITY") FOR PURPOSES OF
ABANDONING THOSE INDIVIDUALS WITHIN THE BOUNDARIES OF THE
CITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO SEEK
INJUNCTIVE RELIEF TO PROHIBIT FURTHER TRANSPORTATIONS OF
RELEASED JAIL INMATES INTO THE CITY AND TO SEEK ANY AND ALL
APPROPRIATE REMEDIES; FURTHER FINDING THAT CONTINUED
TRANSPORTS FROM THE COUNTY IS DECLARED TO BE AN IMMEDIATE
DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WHICH
REQUIRES IMMEDIATE ACTION.
WHEREAS, all person arrested in any municipality or any unincorporated areas
throughout Miami -Dade County are transported to the Turner Guilford Knight Correctional
Center ("TGK") located at 7000 Northwest 41 st Street, which is owned by Miami -Dade County
("County"), operated by the County's Department of Corrections and Rehabilitation ("MDCR"),
and serves as a pre-trial detention facility for inmates awaiting a disposition of their criminal
charge(s); and
WHEREAS, there are several ways inmates are released from TGK including the
posting of a bail bond at any time for bondable charges, qualifying for a pre-trial release
program, and a variety of criminal court orders issued pursuant to a hearing for release of an
individual; and
WHEREAS, based on information and belief, inmates who should be released from
TGK, without the availability to secure personal transportation, continue to be transported by
MDCR to a designated release location surrounding the Richard E. Gerstein Justice Building
located within the boundaries of the City of Miami ("City") and abandoned on the City's streets
with no means of returning to the municipality or unincorporated areas of the County from where
the inmates were originally arrested; and
City of Miami Page 1 of 3 File ID: 10700 (Revision:) Printed On: 101712021
File ID: 10700 Enactment Number: R-21-0398
WHEREAS, the County and MDCR's failure to provide any provisions or make
accommodations for the transportation of TGK releasees back to the inmates originating
communities creates an immediate danger to the health, safety, or welfare to the residents,
businesses, and visitors to the City and, therefore, requires immediate action; and
WHEREAS, without the ability to return to their homes, released inmates inevitably
wander through the City committing crimes, assimilating with the homeless population, and
harassing residents, business owners, and visitors of the City, resulting in the expenditure of
City resources and services to abate the issue created by the releasees; and
WHEREAS, the City has previously informed the County of the City's opposition to the
abandonment of TGK releasees within the boundaries of the City and any further action by the
County and MDCR creates a detrimental impact to the City; and
WHEREAS, Chapter 164, Florida Statutes, titled "Florida Governmental Conflict
Resolution Act," is designed to provide Florida's governmental entities with a formal out -of -court
mechanism to resolve intragovernmental conflicts; and
WHEREAS, the residents, visitors, and business employees and owners of the City have
been forced to carry a disproportionate burden in tolerating the criminal behavior of TGK
releasees and the City has had to expend enormous resources without any contribution from
the County or MDCR; and
WHEREAS, the County has failed to balance the impact that such failure to properly
transport has had, and will continue to have, on the City and the City's residents, visitors, and
businesses; and
WHEREAS, the City Commission finds that an immediate danger to the health, safety, or
welfare of the public requires immediate action or that significant legal rights will be
compromised if a court proceeding does not take place before the provisions of Chapter 164,
Florida Statutes, are complied with;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby waives the requirements of Chapter 164, Florida
Statutes, by a four -fifths (4/5ths) affirmative vote and hereby authorizes and directs the City
Attorney to take any and all legal actions necessary, in law or in equity, against the County
regarding MDCR's failure to provide provisions or accommodations for the transportation of jail
inmates released from TGK, in unincorporated Miami -Dade County, back to the inmates'
originating communities and cease from further transporting released inmates to the City for
purposes of abandoning those individuals within the City and further authorizes the City
Attorney to seek injunctive relief to prohibit further transportations of released jail inmates into
the City and to seek any and all additional remedies.
Section 3. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 2 of 3 File ID: 10700 (Revision:) Printed on: 101712021
File ID: 10700
Enactment Number: R-21-0398
APPROVED AS TO FORM AND CORRECTNESS:
ria [ del, ity Attor iey 9/14/2021
City of Miami Page 3 of 3 File ID: 10700 (Revision:) Printed on: 101712021