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Resolution 2021-31960RESOLUTION NO. 2021-31960 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,' URGING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA; SAID AMENDMENT TO VEST JUDICIAL POWER IN, AND PROVIDE EXPRESS AUTHORITY FOR, ANY MUNICIPALITY OF THE STATE TO ESTABLISH A LOCAL COURT, COMPRISED OF AN ELECTED JUDICIARY, TO PRESIDE OVER CRIMINAL CASES EMANATING FROM WITHIN ITS JURISDICTION. WHEREAS, due in part to its reputation as an internationally -renowned tourist destination and the constant heavy influx of tourists and other visitors, the City continues to contend with many misdemeanor and criminal municipal ordinance offenses being committed within its jurisdictional bounds; and WHEREAS, these misdemeanor and municipal ordinance offenses adversely impact residents' quality of life and tourists' vacation experience, and continue to generate an inordinate number of issues and complaints from the City's residents and visitors; and WHEREAS, in Article V, Section 1, the Constitution of the State of Florida (the "State Constitution") vests judicial power in a Supreme Court, District Courts of Appeal, Circuit Courts and County Courts; and WHEREAS, there are presently approximately sixteen (16) County Court Criminal Judges who oversee cases in which the defendants are charged with State law misdemeanors and/or the City's municipal ordinance violations; and WHEREAS, the State Constitution further expressly states that no other courts may be established by the State, any political subdivision or any municipality; and WHEREAS, establishing a local court, in the City of Miami Beach, comprised of an elected judiciary, would enable such Miami Beach court judges to gain a clear perspective and familiarity with regard to those issues affecting the City, and develop a further understanding as to the impact these criminal misdemeanor, quality of life offenses have upon the City's residents and visitors. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby urge the Florida Legislature to propose an amendment to the Constitution of the State of Florida; said amendment, to vest judicial power in, and provide express authority for, any municipality of the state to establish a local court, comprised of an elected judiciary, to preside over criminal cases emanating from within its jurisdiction. PASSED and ADOPTED this ATTEST: I E. Granado, City Clerk 8 day of December, 2021. IV -,d IW4� CORIORATE Dan Gelber, Mayor (Sponsored by Commissioner Steven Meiner) APPROVED AS TO DEC 1 3 202 FORM & LANGUAGE & FOR EXECUTION I 1-3u-2► City Attorney M Date Resolutions - R7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Steven Meiner DATE: December 8, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA; SAID AMENDMENT TO VEST JUDICIAL POWER IN, AND PROVIDE EXPRESS AUTHORITY FOR, ANY POLITICAL SUBDIVISION OF THE STATE TO ESTABLISH A LOCAL COURT, COMPRISED OF AN ELECTED JUDICIARY, TO PRESIDE OVER CRIMINAL CASES EMANATING FROM WITHIN ITS JURISDICTION. ANALYSIS I'd like to place this item on the December 8, 2021 City Commission meeting agenda for consideration of the attached Resolution, which sets forth the pertinent details of the item. SUPPORTING SURVEY DATA N/A. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Legislative Tracking Commissioner Steven Meiner ATTACHMENTS: Description D Resolution. Does this item utilize G.O. Bond Funds? No Page 1139 of 1357