Miami-Dade Legislative Item
File Number: 221609
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File Number: 221609 File Type: Resolution Status: Adopted
Version: 0 Reference: R-717-22 Control: County Commission
File Name: INDIVIDUALS WHO HAVE COMMITTED A MASS SHOOTING Introduced: 7/11/2022
Requester: NONE Cost: Final Action: 7/19/2022
Agenda Date: 7/19/2022 Agenda Item Number: 11A9
Notes: LATE Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO EXPEDITE, TO THE EXTENT POSSIBLE, CAPITAL POSTCONVICTION PROCEEDINGS FOR INDIVIDUALS WHO HAVE COMMITTED A MASS SHOOTING
Indexes: URGING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/19/2022 11A9 Adopted P

County Attorney 7/11/2022 Assigned Anita Viciana Zapata 7/12/2022

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO EXPEDITE, TO THE EXTENT POSSIBLE, CAPITAL POSTCONVICTION PROCEEDINGS FOR INDIVIDUALS WHO HAVE COMMITTED A MASS SHOOTING

BODY
WHEREAS, individuals who commit mass shootings are responsible for an atrocious and unconscionable evil; and
WHEREAS, Florida has had its share of heartbreak from these abominable mass shootings, including the mass shooting at Pulse nightclub in Orlando, Florida and the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida; and
WHEREAS, mass shooters, once they are convicted or adjudicated guilty, have appellate rights; and
WHEREAS, for individuals that been sentenced to the death penalty for their crimes, that penalty is typically postponed while such individuals pursue appeals and postconviction proceedings; and
WHEREAS, for individuals who have been adjudicated guilty and accordingly found responsible for committing a mass shooting, however, there are almost never questions of identity or guilt; and
WHEREAS, nevertheless, these individuals who have committed unspeakable atrocities impose on taxpayers the continued costs of their incarceration as they pursue capital postconviction proceedings and exhaust the judicial process available to them; and
WHEREAS, this Board wishes to minimize the costs borne by taxpayers to incarcerate individuals who have committed a mass shooting and have received a sentence of death; and
WHEREAS, chapter 924, Florida Statutes, provides for criminal appeals and collateral review; and
WHEREAS, section 924.055, Florida Statutes, declares the Florida Legislature�s intent �to reduce delays in capital cases and to ensure that all appeals and postconviction actions in capital cases are resolved as soon as possible after the date a sentence of death is imposed in the circuit court�; and
WHEREAS, this Board wishes to minimize, to the extent possible, the costs borne by taxpayers in connection with the continued costs of incarcerating individuals who have committed mass shootings and have already received a sentence of death; and
WHEREAS, to that end, this Board wishes to urge the Florida Legislature to enact legislation to expedite, to the extent possible, capital postconviction proceedings for individuals who have committed a mass shooting,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation that would expedite, to the extent possible, capital postconviction proceedings for individuals who have committed a mass shooting.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the legislation described in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2023 State Legislative Package when it is presented to the Board.



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