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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 wwv.miamigov.com File Number: 16-01046 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTES, SECTION 775.085, TO INCLUDE ENHANCED PENALTIES FOR FELONIES AND MISDEMEANORS COMMITTED AGAINST LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY SERVICES PERSONNEL DUE TO THEIR EMPLOYMENT STATUS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE FLORIDA LEGISLATURE, GOVERNOR RICK SCOTT AND HIS CABINET. WHEREAS, our law enforcement, firefighters and emergency personnel serve on behalf of our residents, both here in the City of Miami ("City") and across Miami Dade County and the State of Florida, keeping our community safe, and when in need, these brave individuals serve as our first responders ensuring our public safety; and WHEREAS, in 1989, the Florida Legislature enacted several statutes designed to address the issue of hate crimes including Section 775.085, Florida Statutes which was created to increase penalties for convictions of crimes where there was evidence of certain prejudices; and WHEREAS, the legislature enacted the Hate Crimes Reporting Act, Section 877.19, Florida Statutes that requires law enforcement agencies to report hate crimes to the Florida Department of Law Enforcement ("FDLE"); and WHEREAS, the 1995 report of the Florida Attorney General found that a hate crime is among the most insidious acts taken by one person against another, founded in prejudice and intolerance and further defined a hate crime as an act committed or attempted by one person or group against another person or group, or their property, that in any way constitutes an expression of hatred toward the victim based on his or her personal characteristics; and WHEREAS, under Section 775.085, Florida Statutes, criminal penalties are enhanced for such hate -based acts; and WHEREAS, as FDLE notes in its Hate Crime Report Manual, the motivation behind the act is the key element in determining whether an incident is hate -related; and WHEREAS, reported hate crime offenses ranged in seriousness from vandalism and intimidation to aggravated battery and murder; and WHEREAS, there have been an increasing number of hate crimes against our first responders (law enforcement, firefighters and emergency personnel); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File Id: 16-01046 (Version: 1) Printed On: 7/19/2016 File Number: 16-01046 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission urges the Florida Legislature to amend Florida Statutes, Section 775.085 to include employment as law enforcement officers, firefighters, and emergency services personnel among the classifications that are protected against hate crimes as follows: 775.085 Evidencing prejudice while committing offense; reclassification. (1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, mental or physical disability, or advanced age of the victim, or because of actual or perceived employment as a law enforcement officer, firefighter, or emergency services personnel: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. (b) As used in paragraph (a), the term: 1. "Mental or physical disability" means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the victim's ability to perform the normal activities of daily living. 2. "Advanced age" means that the victim is older than 65 years of age. 3. "Homeless status" means that the victim: a. Lacks a fixed, regular, and adequate nighttime residence; or b. Has a primary nighttime residence that is: I. A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or II. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. 4. "Emergency services personnel" means anyone who provides emergency medical services and other public safety services at the scene of an emergency. 5. "Firefighter" means any firefighter regularly employed by a fire department of any municipality, county, or Special Fire Control District of the state of Florida. 6. "Law Enforcement Officer" means any active or retired municipal, county, or state law enforcement officer, state and county correctional officer, or Public Service Aides, and those employees of any municipal, county, state or federal law enforcement agencies whose duties include the enforcement of municipal, county, state or federal laws. (2) A person or organization that establishes by clear and convincing evidence that it has been City of Miami Page 2 of 3 File Id: 16-01046 (Version: 1) Printed On: 7/19/2016 File Number: 16-01046 coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney's fees and costs. (3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section. Section 3. The City Clerk is directed to transmit a copy of this Resolution to the members of the Florida Legislature, Governor Rick Scott and his cabinet, with the City's authorization that this Resolution may be utilized in any and all efforts, public and private, to secure approval of the proposed amendment to Florida Statutes. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: f V TORIA ENDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 16-01046 (Version: 1) Printed On: 7/19/2016