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LTC 269-2021 CITY OF HALLANDALE RESOLUTION NO. 2021-074MIAMI BEACH OFFICE OF THE CITY CLERK No. 269-2021 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael E. Granado, City Clerk ~ DATE: June 29, 2021 SUBJECT: CITY OF HALLANDALE RESOLUTION NO. 2021-074 Attached for your information is Resolution No. 2021-07 4, adopted by the Mayor and City Commission of City of Hallandale on June 16, 2021. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA URGING ALL MUNICIPALITIES AND LAW ENFORCEMENT AGENCIES IN BROWARD COUNTY TO PARTICIPATE IN THE BROWARD COUNTY JUVENILE CIVIL CITATION PROGRAM; AUTHORIZING TRANSMISSION OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City of Hallandale Clerk has requested that a copy of this Resolution be provided to the Miami Beach Mayor, Commissioners and the City Manager. If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411 . REG/le Attachment F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Hallandale Beach\Hallandale Beach Resolution No. 2021-074 .docx 1 2 RESOLUTION NO. 2021 -07 4 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF HALLANDALE BEACH, FLORIDA URGING ALL 5 MUNICPALITIES AND LAW ENFORCEMENT AGENCIES IN 6 BROWARD COUNTY TO PARTICIPATE IN THE BROWARD COUNTY 7 JUVELINE CIVIL CITATION PROGRAM; AUTHORIZING 8 TRANSMISSION OF THIS RESOLUTION TO THE OFFICIALS 9 DESIGNATED HEREIN; AND PROVIDING FOR SEVERABILITY AND 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the Florida Legislature passed legislation pertaining to juvenile 13 civil citations establishing a civil citation or similar prearrest diversion program for 14 misdemeanor offenses in each judicial circuit in the State of Florida ("Civil Citation 15 Program"), which was codified in Section 985.12, Florida Statutes; and 16 WHEREAS, the Civil Citation Program was developed to provide a 11 statewide civil alternative to the formal arrest and criminal prosecution of youth 18 aged 17 or younger who commit eligible misdemeanor offenses; and 19 20 WHEREAS, the Civil Citation Program is designed to expeditiously address 21 a youth's behavior and needs and is aimed at preventing further acts of 22 delinquency by holding the youth accountable without creating a criminal record; 23 and 24 25 WHEREAS, the Civil Citation Program provides an efficient and innovative 26 alternative to arresting youth, reduces the number of youth in jails and recidivism 27 in the state, and conserves scarce judicial resources; and 28 29 WHEREAS, the Broward County Juvenile Civil Citation Program is the Civil 30 Citation Program in Broward County as prescribed by the Seventeenth Judicial 31 Circuit citation plan; and 32 33 WHEREAS, the State of Florida Department of Juvenile Justice developed 34 and provided best practice models for operating a Civil Citation Program, and the 1 RESO 2021-074 FILE NO. 21-238 35 Broward Sheriff's Office is creating model juvenile civil citation procedures based 36 on the best practice models; and 37 38 WHEREAS, the Broward County Juvenile Civil Citation Program has 39 operated since 2012 and has served over 5,500 youths at no cost to participants; 40 and 41 42 WHEREAS, Broward County invests Four Hundred TwentyMfive Thousand 43 Once Hundred Ten Dollars ($425,110) annually to support the Broward County 44 Juvenile Civil citation program and has avoided over TwentyMsix Million Five 45 Hundred Thousand Dollars ($26,500,000) in costs to taxpayers related to, inter 46 alia, the costs of arrests processing and incarceration; and 47 48 WHEREAS, the Children's Services Council of Broward County has 49 supported the Broward County Juvenile Civil Citation Program by funding 50 intervention services for youth; and 51 52 WHEREAS, the Broward County Juvenile Civil Citation Program has a 53 ninety percent (90%) success rate and a less than three percent (3%) recidivism 54 rate; and 55 56 WHEREAS, the arrest of civil citation eligible youth results in missed 57 opportunities and creates a criminal record, and such arrest data is tracked and 58 reported by the State of Florida Department of Juvenile Justice; and 59 60 WHEREAS, Broward County has been identified as the thirdMworst county 61 in the State of Florida for issuing juvenile civil citations under its civil Citation 62 program due to lack of utilization, with a utilization rate of approximately fortyMtwo 63 percent (42%) , in contrast to MiamiMDade which has a utilization rate of ninety 64 percent (90%) for its Civil Citation Program; and 65 2 RESO 2021-074 FILE NO. 21-238 66 WHEREAS, participation in the Broward County Juvenile Civil Citation 67 program by all municipalities and law enforcement agencies in Broward County 68 will, among other benefits, promote interagency cooperation and increase public 69 safety for Broward County citizens. 70 71 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 72 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA: 73 74 SECTION 1. The foregoing "WHEREAS" clauses are incorporated herein. 75 76 SECTION 2. The Mayor and City Commission hereby urges all municipalities 77 and all law enforcement agencies in Broward County to participate in the Broward County 78 Juvenile Civil Citation Program. 79 80 SECTION 3. The Commission urges all law enforcement agencies in Broward 81 County to update their current Standard Operating Procedures (SOPs) to be in compliance 82 with Section 985.12, Florida Statutes, utilize the model juvenile civil citation procedures 83 being created by the Broward Sheriff's Office, and adopt the Seventeenth Judicial Circuit 84 citation plan established by the Broward County State Attorney, Broward County Public 85 Defender, and Clerk of Courts of the Seventeenth Judicial Circuit. 86 87 Section 4. The Commission affirms it continued support of the Broward County 88 Juvenile Civil Citation Program. 89 90 Section 5. The Commission authorizes transmission of this Resolution to the 91 Executive Director of the Broward League of Cities and the mayor of each municipality 92 within Broward County. 93 94 Section 6. If any portion of this Resolution is determined by any court to be 95 invalid, the invalid portion will be stricken, and such striking will not affect the validity of 96 the remainder of this Resolution, If any court determines that this Resolution, in whole or 97 in part, cannot be legally applied to any individual, group, entity, property, or circumstance, 98 such determination will not affect the applicability of this Resolution to any other individual, 99 group, entity, property or circumstance. 3 RESO 2021-074 FILE NO . 21-238 100 Section 7. Effective Date. This Resolution shall take effect immediately 101 upon passage and adoption. 102 103 APPROVED AND ADOPTED this 16th day of June, 2021 . 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 (ll~'o SP <s®~P ~~O>UW4:~~~ISSIONER JOY F. COOPER A~Q§1 ~ "-'!l~ \...., APPROVED AS TO LEGAL SUFFICIENCY AND FORM FINAL VOT E ON ADOPTION Mayor Cooper Vice Mayor Butler Commissioner Javellana Commissioner Lazarow Commissioner Lima -Taub FILE NO . 21 -238 4 RESO 2021 -074