Resolution 2021-31957RESOLUTION NO. 2021-31957
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN EXPANSION OF THE CITY'S MUNICIPAL
PROSECUTION PROGRAM TO ENSURE THE VIGOROUS PROSECUTION OF CRIMINAL
QUALITY OF LIFE OFFENSES IN THE CITY OF MIAMI BEACH; AND DIRECTING THE CITY
ATTORNEY'S OFFICE AND CITY ADMINISTRATION TO DEVELOP A PLAN, IN
COLLABORATION WITH THE STATE ATTORNEY'S OFFICE AND THE MIAMI-DADE
CLERK OF THE COURTS, TO ENABLE THE CITY'S MUNICIPAL PROSECUTION TEAM TO
ASSUME THE PROSECUTION OF MUNICIPAL ORDINANCE VIOLATION CHARGES
WHERE THE STATE ATTORNEY'S OFFICE DECLINES TO PROSECUTE THE OFFENDER;
AND FURTHER, AUTHORIZING THE CITY ATTORNEY TO HIRE ONE (1) ADDITIONAL
MUNICIPAL PROSECUTOR AND LEGAL ASSISTANT TO SUPPORT THE CITY'S
EXPANDED MUNICIPAL PROSECUTION PROGRAM.
WHEREAS, the City continues to experience an increasingly large number of visitors,
tourists and other individuals entering the City throughout the year; and
WHEREAS, an unacceptably large number of those persons entering the City commit
quality of life criminal misdemeanor offenses while within the City; 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 Miami -Dade State Attorney's Office (the "Miami -Dade SAO") continues
to be the prosecutorial entity responsible for the prosecution of those offenders arrested for the
commission of all felony, misdemeanor, and/or County ordinance violations; and
WHEREAS, the Miami -Dade SAO sometimes determines, in certain criminal cases and
for a variety of possible reasons, that it will not move forward with the prosecution of the State
and County law offenses in such cases; and
WHEREAS, the City's municipal prosecution team possesses the requisite legal
authority to proceed with the prosecution of any City municipal ordinance violation(s) charged in
those cases where the Miami -Dade SAO elects not to proceed with the prosecution of the
associated State and County law violations; and
WHEREAS, in order for the municipal prosecution team to be advised that the Miami -
Dade SAO has declined to prosecute the State and County law violations in a particular criminal
case (which case also includes at least one municipal ordinance violation), a mechanism must
be established between the municipal prosecution team and the Miami -Dade SAO and/or the
Miami -Dade Clerk of the Courts to provide the City's municipal prosecution team with
notification of such occurrence; and
WHEREAS, the City's municipal prosecution team presently consists of one (1) part-time
attorney and one (1) part-time legal assistant, which staffing allocation is inadequate to
effectively prosecute all of the City's municipal ordinance cases; and
WHEREAS, at least one (1) additional full-time attorney and one (1) additional full-time
legal assistant is necessary for the City's municipal prosecution team to be appropriately staffed
and equipped to handle these municipal ordinance violation cases.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve an expansion of
the City's municipal prosecution program to ensure the vigorous prosecution of criminal quality
of life offenses in the City of Miami Beach; and directing the City Attorney's Office and City
Administration to develop a plan, in collaboration with the State Attorney's Office and the Miami -
Dade Clerk of the Courts, to enable the City's municipal prosecution team to assume the
prosecution of municipal ordinance violation charges where the State Attorney's Office declines
to prosecute the offender; and further, authorizing the City Attorney to hire one (1) additional
municipal prosecutor and legal assistant to support the City's expanded municipal prosecution
program.
PASSED and ADOPTED this
ATTEST:
/ -.Ii;CORPO
E. Granado, City Clerk
S day of December, 2021.
Dan Gelber, Mayor
(Sponsored by Commissioner Steven Meiner)
2
DEC 1 3 2021
APPROVED AS TO
FORM & LANGUAGE-
& FOR EXECUTION
ll-3u-2�
City Attorney Date
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Resolutions - R7 P
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, APPROVING AN EXPANSION OF THE
CITY'S MUNICIPAL PROSECUTION PROGRAM TO ENSURE THE
VIGOROUS PROSECUTION OF CRIMINAL QUALITYOF LIFE OFFENSES
IN THE CITY OF MIAMI BEACH; AND DIRECTING THE CITYATTORNEY'S
OFFICE AND CITY ADMINISTRATION TO DEVELOP A PLAN, IN
COLLABORATION WITH THE STATE ATTORNEY'S OFFICE AND THE
MIAMI-DADE CLERK OF THE COURTS, TO ENABLE THE CITY'S
MUNICIPAL PROSECUTION TEAM TO ASSUME THE PROSECUTION OF
MUNICIPAL ORDINANCE VIOLATION CHARGES WHERE THE STATE
ATTORNEY'S OFFICE DECLINES TO PROSECUTE THE OFFENDER;
AND FURTHER, AUTHORIZING THE CITY ATTORNEY TO HIRE ONE (1)
ADDITIONAL MUNICIPAL PROSECUTOR AND LEGAL ASSISTANT TO
SUPPORT THE CITY'S EXPANDED MUNICIPAL PROSECUTION
PROGRAM.
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.
FINANCIAL INFORMATION
Pursuant to Section 2-12 of the City Code, the implementation of Resolutions R7 O and R7 P
would collectively require an expenditure of funds, estimated in the approximate amount of
$75,000 for a municipal prosecutor position, and $55,000-$60,000 for a legal assistant position,
not including City's standard overhead/fringe benefit costs.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
Page 1130 of 1357
City Code Section 2-14?
No No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
D Resolution.
Page 1131 of 1357