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LTC 501-2019 City of Miami Beach Municipal Prosecution Program Update 501-2019 MIAMI BEACH OFFICE OF THE CITY ATTORNEY LETTER TO COMMISSION LTC No. TO: Mayor Dan Gelber Members of the City Commission City Manager Jimmy L. Morales FROM: City Attorney Raul J. Aguila;R DATE: September 13, 2019 S' 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 regarding the City of Miami Beach's Municipal Prosecution Program (the "Municipal Prosecution Program"). Historical Framework The City of Miami Beach (the "City") invoked its legal authority to utilize the jurisdiction of the County Court to enforce violations of the City's criminal municipal ordinances, and to prosecute such criminal municipal violations with its own City prosecutor. The Municipal Prosecution Program,which began in earnest on January 8, 2018, handles the prosecution of those individuals exclusively charged with violating one (1) or more of the City's criminal municipal ordinances. However, if there is any accompanying State law violation(s), then such individuals(s) continue to be prosecuted by the Miami-Dade State Attorney's Office. The City continues to be the sole municipality in Miami-Dade County that has established its own Municipal Prosecution Program to enforce its criminal municipal ordinances. To further address quality of life matters throughout the City, the Mayor and City Commission approved recent legislative amendments that will increase the number of criminal municipal ordinances prosecuted by the Municipal Prosecution Team, which include those ordinance amendments governing high impact periods within high impact zones (Miami Beach City Code, Section 82-443), and the criminalization of those individuals violating the City's Ordinance governing commercial business activities or transactions on streets, parks or other public property (Miami Beach City Code, Section 82-1). Equally important, a proposed Ordinance (scheduled for Second Reading on October 16, 2019) which prohibits smoking cannabis, marijuana or hemp on public property would, if adopted by the City Commission, would subject violators to criminal penalties and, therefore, be an additional responsibility for the City's 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); Public Parks, Beaches and Golf Courses Closed During Certain Hours (a violation of Miami Beach City Code, Section 82-2); and Urinating or Defecating in Plain View in Public (a violation of Miami Beach City Code, Section 70-42). Letter to Commission Re: Municipal Prosecution Program Update September 13, 2019 Page 2 of 2 Furthermore, the City is legally authorized to expand the role of its Municipal Prosecution Program in order to prosecute State law misdemeanor offenses. It is foreseeable that the City will be invoking this legal authority in the near future for specified misdemeanor offenses, which would merit the direct prosecution of these state law violations by the Municipal Prosecution Team. Prosecutorial Statistical Analysis Thus far, the Municipal Prosecution Team has been involved in the prosecution of six hundred and thirty-nine (639) criminal municipal ordinance violation cases, which has resulted in the successful prosecution of four hundred and sixty-six(466) cases for various quality of life offenses including, but not limited to those offenses identified above. Forty-seven (47) cases are still pending, out of which seventeen (17) of those criminal defendants have had Arrest Warrants issued for their failure to appear in Court, while thirty(30) cases have been set for trial or a hearing at a future date. The remaining cases have been either Nolle Prossed by the City, as part of a plea agreement, or dismissed by the Court. Presently, the Municipal Prosecution Program has yielded an impactful 78.7% prosecution success rate, which has had a clear tangible effect in the community by facilitating a reduction in the commission of the City's quality of life offenses, and consequently, had a significant impact in protecting the health, safety, and welfare of the City's residents, visitors and tourists. 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/sp