Ordinance 80-2238MUNICIPAL PROSECUTOR
ORDINANCE NO. 80-2238
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH FLORIDA DESIGNATING THE CITY ATTORNEY
MUNICIPAL PROSECUTOR PURSUANT TO THE MIAMI BEACH
CHARTER AND GENERAL LAW; AUTHORIZING THE MUNICI-
PAL PROSECUTOR TO APPOINT ASSISTANT MUNICIPAL PROSE-
CUTORS, AND APPROPRIATING FUNDS FOR SAID PURPOSE;
AUTHORIZING THE MUNICIPAL PROSECUTOR AND HIS ASSIS-
TANTS TO PROSECUTE, ON BEHALF OF THE CITY OF MIAMI
BEACH, VIOLATIONS OF THE CITY CODE OF THE CITY OF
MIAMI BEACH; PROVIDING FOR PASSAGE AS AN EMERGENCY
MEASURE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH FLORIDA:
SECTION 1 Declaration of Purpose: Article V, Section 17 and
20(12) of the Florida Constitution provides that
Municipal Prosecutors may be authorized by general law to prosecute
municipal code violations. By general law, the Florida Legislature
has authorized Municipal Prosecutors to be appointed to prosecute
persons who have violated municipal codes. Section 34.13(5), Fla.
Stat. (1979).
The Commission finds, based on information from the Miami
Beach City Attorney's Office and the Miami Beach Police and Code
Enforcement Departments that the State Attorney's Office is often
unable to promptly prosecute Miami Beach Code violations. The Com-
mission finds that law enforcement personnel within the City of
Miami Beach have, as a result, grown demoralized. The Commission
further finds that the City of Miami Beach requires swift and ener-
getic prosecution of municipal code violators, particularly in this
period of serious crime increases.
The Commission therefore finds that the assignment of
prosecutorial authority to the City's own Attorney is necessary and
proper for law enforcement purposes. Said assignment is specifically
authorized by Section 21 of the Miami Beach Charter, which provides
that the City Attorney for Miami Beach shall perform those duties
assigned to him by the Miami Beach City Commission.
Finally, due to the passage of certain code enforcement
ordinances and emergency law enforcement measures in response to
the existing crime wave, the appointment of a Municipal Prosecutor
must be accomplished immediately, and therefore this measure is
adopted as an emergency measure to take effect upon passage.
SECTION 2 Appointment of Municipal Prosecutor. The Miami Beach
City Attorney is hereby appointed and designated "Munic-
ipal Prosecutor for the City of Miami Beach."
SECTION 3 Authorization for Appointment of Assistant Municipal
Prosecutors. The City Attorney is hereby authorized
to designate one or more of his Assistant City Attorneys as "Assistant
Municipal Prosecutor(s) for the City of Miami Beach."
SECTION 4 Duties of Municipal Prosecutor and Assistant Municipal
Prosecutors. The Municipal Prosecutor for the City
of Miami Beach, and such Assistant Municipal Prosecutors as may be
appointed by the Municipal Prosecutor, shall be responsible for prose-
cuting municipal code violations. The Municipal Prosecutor shall seek
to cooperate with the Office of the State Attorney to assure that prose-
cutions of municipal code violations are handled in an expeditious
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
fashion. The Municipal Prosecutor shall have discretion to prose-
cute municipal code violations, either personally or through a desig-
nated Assistant Municipal Prosecutor, and shall also have authority
to request that the State Attorney prosecute municipal code violations
where such a prosecution is deemed advisable. The Municipal Prosecu-
tor shall have the authority to prosecute municipal code violations
jointly with the State Attorney's office.
SECTION 5 Swearing -In of Municipal Prosecutor and Assistant Munic-
ipal Prosecutors. As soon as practicable, the City
Attorney and such Assistant City Attorneys as he may designate, shall
appear before the Mayor, and at that time and place, the Mayor of
the City of Miami Beach shall swear in the City Attorney and his
designates as Municipal Prosecutor and Assistant Municipal Prose-
cutor(s), respectively. The Municipal Prosecutor and his designates
shall at that time publicly swear to uphold the Constitutions of the
United States and the State of Florida, and to fairly and impartially
enforce all valid and constitutional ordinances of the City of Miami
Beach.
SECTION 6 Issuance of Police Identification -Arrest Power. The
Police Department of the City of Miami Beach is hereby
directed to obtain and issue to the Municipal Prosecutor and the As-
sistant Municipal Prosecutors which he designates, badges or other iden-
tification which identifies the holder as "Municipal Prosecutor" or
"Assistant Municipal Prosecutor" for the City of Miami Beach. The Muni-
cipal Prosecutor and his designated assistants shall have authority to
arrest and detain individuals in conformity with §25 of the Miami Beach
Charter and the Constitution of the United States.
SECTION 7 Appropriation of Funds. The City Commission hereby
appropriates $40,000 of the City's general funds for
the hiring and employment of a secretary and one full-time assistant
prosecutor whose principal duty shall be the prosecution of City Code
violations, and who shall also serve as legal advisor to the Miami
Beach Police Department in all law enforcement matters.
SECTION 8 Severability. If any section, subsection, sentence,
clause, phrase, or portion of this Ordinance is, for
any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions of this Ordinance.
SECTION 9
EFFECTIVE DATE. This ordinance is enacted as an
emergency measure to take effect immediately.
PASSED and ADOPTED this 28th day of October 1980
ATTEST:
(SEAL)
Cit Jerk
APPROVED
LEGAL DEPT.
6r .
Date .-01;t947 —` : r END
Passed and adopted as an emergency measure October 28, 1980
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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