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LTC 455-2018 City of Miami Beach Municipal Prosecution Program UpdateMIAMI BEACH OFFIC~=: 11 ~ THF CITY ATTORNEY LTC No. TO: FROM: DATE: 455-2018 Mayor Dan Gelber Members of the City Commission City Manager Jimmy L. Morales City Attorney Raul J. Aguil~lQo<" August 17, 2018 LETTER TO COMMISSION SUBJECT: City of Miami Beach Municipal Prosecution Program Update The purpose of this Letter to Commission is to provide the Mayor and City Commission with an update as to the current status surrounding the City of Miami Beach's Municipal Prosecution Program (the "Municipal Prosecution Program"). The City of Miami Beach has invoked its legal authority to utilize the jurisdiction of the County Court to enforce those violations of its municipal ordinances, and to prosecute such criminal municipal violations with its own City prosecutor. The Mayor and City Commission adopted Resolution No. 2017-30024 on September 25, 2017, which expressly authorized the City Attorney's Office to commence those prosecutions of the City's criminal ordinance violations, by and through a municipal City prosecutor. The City's Municipal Prosecutor is directly responsible for prosecuting those individuals exclusively charged with violating one (1) or more of the City's criminal ordinances, however, any accompanying State law violation(s) continue to be prosecuted by the Miami-Dade State Attorney's Office. The Municipal Prosecution Program began in earnest on January 8, 2018 with one (1) Municipal Prosecutor and one (1) Legal Assistant (the "Municipal Prosecution Team"). Since its commencement, the most common criminal municipal ordinance violations that have been prosecuted by the Municipal Prosecution Team are: Consuming or Possessing an Open Container of an Alcoholic Beverage in Public (a violation of Miami Beach City Code, Section 70- 87); Urinating or Defecating in Plain View in Public (a violation of Miami Beach City Code, Section 70-42); and Public Parks, Beaches and Golf Courses Closed During Certain Hours (a violation of Miami Beach City Code, Section 82-2). However, the Municipal Prosecutor is responsible for prosecuting all of the City's criminal ordinance violations that may be charged by the Police Department or other law enforcement agencies. The most current figures establish that the Municipal Prosecution Team has been involved in the prosecution of two hundred and twenty-five (225) criminal municipal ordinance violation cases over the preceding seven (7) months, which has resulted in the successful prosecution of one hundred and sixty-seven (167) criminal defendants for these quality of life offenses. Twenty (20) cases have been dismissed by the Municipal Prosecution Team, seventeen (17) cases were dismissed by the Court (of which the Municipal Prosecution Team is appealing eight (8) of those dismissals), one (1) individual was found not guilty after trial, and twenty (20) cases are currently pending before the Court. Letter to Commission Re: Municipal Prosecution Program Update August 17, 2018 Page 2 of2 As of the date of this LTC, the Municipal Prosecution Program has yielded an impactful 81.4% prosecution success rate, as compared to the Miami-Dade State Attorney's Office (the "Miami- Dade SAO"), which achieved less than a 6% prosecution success rate during that time when the Miami-Dade SAO was solely responsible for prosecuting the City's municipal ordinance violations. The Municipal Prosecution Program has generated a 75.4% increase in the successful prosecution of the City's quality of life criminal offenses. Furthermore, the Municipal Prosecution Program has had a tangible effect in the community. The Miami Beach Chief of Police and Mr. John Deutzman (an outspoken City activist and member of the Miami Beach Crime Prevention and Awareness Group), view the Municipal Prosecution Program as a direct contributing factor in the City's decrease in these criminal and quality of life offenses. Further, Mr. Deutzman credits the Municipal Prosecution Program as being partially responsible for the increased general perception that the City of Miami Beach is strengthening its prosecutorial stance on those who violate the City's municipal criminal ordinances. In fact, Mr. Deutzman has even gone so far as to state that he would like to see an expansion of the Municipal Prosecutor Program, which would include the prosecution of State law misdemeanor offenses. It is abundantly clear that the Municipal Prosecution Program has been securing favorable results in the enforcement of the City's criminal ordinance violations, and is directly facilitating a reduction in the commission of those municipal ordinance crimes. Consequently, the Municipal Prosecution Program is providing a better quality of life for the City's residents, visitors and business operators. Should you have any questions or concerns about any of the foregoing, please don't hesitate to contact Aleksandr Boksner, Chief Deputy City Attorney. RJA/AB/sc