HomeMy WebLinkAbout2023-050-1940_-_Expanding_Protection_for_Human_Trafficking_-_Adopted.docxRESOLUTION NO. 2023-050-1940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO PASS SENATE CONCURRENT BILL 1208,
HOUSE CONCURRENT BILL 1037, OR SIMILAR LEGISLATION
TO EXPAND PROTECTION OF HUMAN TRAFFICKING VICTIMS
IN COURT PROCEEDINGS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pending before the Florida House of Representatives and the Florida
Senate is a proposed legislative measure that would provide greater protections in judicial
proceedings for minors or victims of certain crimes, including human trafficking, and
WHEREAS, the measure provides that depositions of such individuals will not be
allowed absent a showing of good cause, and
WHEREAS, the proposed legislation will shield victims from unnecessarily reliving
traumatic experiences, making it easier for them to come forward and help
prosecutors secure convictions for their perpetrators, and
WHEREAS, SB 1208 and HB 1037 provide that in any criminal action where the
defendant is charged with certain crimes, depositions are not allowed, without
showing a good cause, of certain groups, including human trafficking victims. These
victim/witness groups include anyone under the age of 18, anyone with intellectual
disabilities, or anyone who is a victim or witness, and
WHEREAS, offenses, where this proposed rule would be applied, include human
trafficking, domestic violence, aggravated cyberstalking, custody offenses, human
smuggling, lewd or lascivious offenses, child abuse, child neglect, and traveling to meet
a minor, and
WHEREAS, the bill requires a written motion that a deposition is necessary to
assist at trial to bypass the restrictions, and
WHEREAS, the court may authorize the taking of a deposition if it is proven that
the evidence sought is not reasonably available by any other means and the probative
value of the testimony outweighs the potential harm to the person being deposed, and
WHEREAS, the court would have to consider several factors when deciding
whether to grant the deposition, including whether the victim or witness would suffer
moderate psychological harm, and make specific written findings of fact for the basis of
its ruling, and
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Resolution No. 2023-050-1940
WHEREAS, the Mayor and City Council find that the proposed legislation is
meaningful and needed to shield victims from unnecessarily reliving traumatic
experiences, making it easier for them to come forward and help prosecutors secure
convictions for their perpetrators.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: RECITALS. The above recitals are confirmed, adopted, and
incorporated herein and made a part hereof by reference.
Section 2: URGING STATE LEGISLATURE: The Mayor and City Council of the
City of Miami Gardens, Florida urges the Florida Legislature to pass Senate Concurrent
Bill 1208, House Concurrent Bill 1037, or similar legislation to expand protections of
human trafficking victims in court proceedings.
Section 3: TRANMITTAL: The City Clerk is hereby directed to transmit this
Resolution to the Speaker of the Florida House of Representatives, the President of the
Florida Senate, and the Governor of the State of Florida.
Section 4: EFFECTIVE DATE: This Resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 26, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN LINDA JULIEN
Moved by: Councilman Leon
Seconded by: Councilman Stephens
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Resolution No. 2023-050-1940
VOTE: 6-0
Mayor Harris Absent
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
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