Resolution 2021-31904RESOLUTION NO. 2021-31904
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RELATING TO THE CITY'S MUNICIPAL
PROSECUTION PROGRAM; DIRECTING THE CITY ATTORNEY'S OFFICE TO
APPEAL CASES THAT ARE DISMISSED BY THE COURT, IN WHICH THE
DEFENDANT EITHER HAS A PRIOR ARREST OR IS A REPEAT OFFENDER
ANYWHERE IN THE UNITED STATES; AND FURTHER DIRECTING THE CITY
ATTORNEY'S OFFICE TO PROSECUTE THOSE CASES, IN WHICH THE
DEFENDANT EITHER HAS A PRIOR ARREST OR IS A REPEAT OFFENDER
ANYWHERE IN THE UNITED STATES, UNLESS THERE ARE EXCEPTIONAL
CIRCUMSTANCES BASED ON THE EVIDENCE AND LAW; AND FURTHER
DIRECTING THE CITY ADMINISTRATION, BY AND THROUGH THE MIAMI
BEACH POLICE DEPARTMENT, TO OBTAIN OR PROVIDE ACCESS, IN A
MANNER CONSISTENT WITH THE NEEDS OF THE CITY'S MUNICIPAL
PROSECUTION TEAM, THE NATIONAL PRIOR CRIMINAL CONVICTIONS
(NOT JUST LOCAL CRIMINAL PRIORS) FOR ALL DEFENDANTS CHARGED
EXCLUSIVELY WITH MUNICIPAL ORDINANCE VIOLATIONS.
WHEREAS, the City of Miami Beach (the "City") continues to be inundated with a
significant amount of quality of life offenses and crimes, which take place and persist within its
jurisdictional boundaries; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30023, which authorized the City Attorney's Office to commence the in-house
prosecution, by and through a City Municipal Prosecution Team, of those individuals exclusively
charged with violating the City's criminal ordinances; and
WHEREAS, the Judges of the County Court of the Eleventh Judicial Circuit, in and for
Miami -Dade County, have a considerable amount of discretion pertaining to misdemeanor cases
involving these quality of life offenses, and generally have not been receptive to the City's efforts
in the prosecution of its municipal offenses based upon the hierarchy and severity of other state
law criminal cases pending in the County Court; and
WHEREAS, Florida statutory law and the Rules of Criminal Procedure expressly set forth
the authority that the County Court possesses during the pendency of a criminal case, which
neither permits nor authorizes the dismissal of the City's criminal case(s) against the City's
objection(s), and therefore is legally improper; and
WHEREAS, the City's sole recourse to address an improper court dismissal of the City's
case(s) requires an appeal of the adverse dismissal order to the Eleventh Judicial Circuit, sitting
in its appellate capacity, which should result in the reversal of the dismissal and further establish
legal precedent prohibiting these court dismissals; and
WHEREAS, the City has continued to experience an increasingly large number of visitors
and tourists during various periods throughout the year, and a predominate number of those
individuals arrested for violating the City's quality of life criminal ordinances resided out-of-state,
and therefore; possessed no local criminal history; and
WHEREAS, the Municipal Prosecution Team's inability to ascertain and obtain those
defendants' comprehensive national prior criminal convictions unequivocally hinders -the
successful prosecution of those out-of-state defendants, including addressing the County Court
Judges' requests for prior criminal history and advocating for potential criminal penalties; and
WHEREAS, a more thorough and assertive stance pertaining to the prosecution of those
individuals exclusively charged with violating the City's criminal ordinances is essential to address
these quality of life crimes in the City and, in conjunction with obtaining comprehensive national
prior criminal convictions of such individuals, will ensure to create a more positive stride in
improving the health, welfare and safety of the City's residents and guests.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby directing the City Attorney's
Office to appeal cases that are dismissed by the court, in which the defendant either has a prior
arrest or is a repeat offender anywhere in the United States; and further directing the City
Attorney's Office to prosecute those cases, in which the defendant either has a prior arrest or is
a repeat offender anywhere in the United States, unless there are exceptional circumstances
based on the evidence and law; and further directing the city administration, by and through the
Miami Beach Police Department, to obtain or provide access, in a manner consistent with the
needs of the City's Municipal Prosecution Team, the national prior criminal convictions (not just
local criminal priors) for all defendants charged exclusively with Municipal Ordinance Violations.
PASSED and ADOPTED this day ber, 20 1.
ATTEST:
Dan Gelber, Mayor
OCT 1 5 2021
Ra f el E. Granado, City Clerk
(Sponsored by Commissioner Steven Meiner)
2
APPROVED AS TO,
FORM & LANGUAGE
&FOR EXECUTION
YCRy Attomey �j Date
Resolutions - R7 N
NAIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: October 13, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION RELATI NG TO
THE CITY'S MUNICIPAL PROSECUTION PROGRAM; DIRECTING THE
CITY ATTORNEY'S OFFICE TO APPEAL CASES THAT ARE DISMISSED
BY THE COURT, IN WHICH THE DEFENDANT EITHER HAS A PRIOR
ARREST OR IS A REPEAT OFFENDER; AND FURTHER DIRECTING THE
CITY ATTORNEY'S OFFICE TO PROSECUTE THOSE CASES, IN WHICH
THE DEFENDANT EITHER HAS A PRIOR ARREST OR IS A REPEAT
OFFENDER, UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES
BASED ON THE EVIDENCE AND LAW; AND FURTHER DIRECTING THE
CITY ADMINISTRATION, BYAND THROUGH THE MIAMI BEACH POLICE
DEPARTMENT, TO OBTAIN OR PROVIDE ACCESS, IN A MANNER
CONSISTENT WITH THE NEEDS OF THE CITY'S MUNICIPAL
PROSECUTION TEAM, THE NATIONAL PRIOR CRIMINAL CONVICTIONS
(NOT JUST LOCAL CRIMINAL PRIORS) FOR ALL DEFENDANTS
CHARGED EXCLUSIVELYWITH MUNICIPAL ORDINANCE VIOLATIONS.
ANALYSIS
Resolution will be submitted by supplemental agenda.
SUPPORTING SURVEY DATA
N/A
Is this a "Residents Right
to Know" item. pursuant to
City Code Section 2-14?
Yes
Legislative Tracking
Commissioner Steven Meiner
No
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