R5T - Minimum Penalty for Bias-motivated Offenses
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY CREATING SECTION 70-1.2 THEREOF, ENTITLED “EVIDENCING PREJUDICE WHILE COMMITTING OFFENSE; MINIMUM PENALTY,” TO ESTABLISH A MINIMUM MANDATORY PENALTY FOR PERSONS WHO, WHILE COMMITTING A CRIMINAL MUNICIPAL ORDINANCE VIOLATION, EVIDENCE PREJUDICE BASED UPON THE RACE, COLOR, ANCESTRY, ETHNICITY, RELIGION, SEXUAL ORIENTATION, NATIONAL ORIGIN, HOMELESS STATUS, OR ADVANCED AGE OF THE VICTIM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 R5T
COMMISSION MEMORANDUM
10:55 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for consideration by the Mayor and City Commission.
The City of Miami Beach (“City”) is committed to equal protection under the law for all its residents and visitors, and acts of prejudice, bias, or hatred motivated by an individual’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age undermine the peace, safety, and welfare of the community. Not only do criminal municipal offenses committed with such prejudice harm the immediate victim, but such offenses also instill fear and intimidation in the broader community, including the City’s residents and visitors.
The Florida Legislature, in Section 775.085 of the Florida Statutes, recognizes the need for enhanced penalties for State law offenses evidencing prejudice and, likewise, the proposed Ordinance would provide a similar penalty enhancement mechanism for criminal municipal ordinance violations. Specifically, the proposed Ordinance provides that any person convicted of a criminal municipal ordinance violation who is found to have intentionally selected the victim or committed the offense, in whole or in part, because of the victim’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age, shall be sentenced to a minimum mandatory period of incarceration of not less than thirty (30) days in the county jail.
The proposed Ordinance, with minimum mandatory periods of incarceration for criminal municipal ordinance violations committed with prejudice, is necessary to deter such conduct and to reinforce the City’s values of equality, safety, and respect for all.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
10:55 a.m. 1st Rdg PH, Enhance Penalties, Evidencing Prejudice while Committing Criminal Offenses. (SM) CA
Previous Action (For City Clerk Use Only)