Resolution 2022-32008RESOLUTION NO. 2022-32008
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ENDORSING THE PROACTIVE EFFORTS OF THE
MIAMI BEACH POLICE DEPARTMENT AND THE CITY ATTORNEY'S OFFICE
TO WORK IN PARTNERSHIP WITH THE MIAMI-DADE STATE ATTORNEY'S
OFFICE IN ORDER TO ENSURE THE VIGOROUS PROSECUTION OF THOSE
HABITUAL CRIMINAL OFFENDERS, AS IDENTIFIED BY THE POLICE
DEPARTMENT, WHO REPEATEDLY VICTIMIZE THE CITY'S RESIDENTS,
VISITORS, AND/OR BUSINESSES; AND FURTHER, AUTHORIZING AND
DIRECTING THE CREATION OF A JUSTICE ADVOCATE PROGRAM IN THE
CITY OF MIAMI BEACH TO FOCUS ADDITIONAL RESOURCES TOWARDS
ENHANCING AND AIDING THE PROSECUTION OF CERTAIN REPEAT
OFFENDERS AND OFFENDERS OF SPECIAL CONCERN WHOM THE POLICE
DEPARTMENT DETERMINES WARRANT PARTICULARIZED ATTENTION,
AND AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL,
OR OTHERWISE HIRE THE APPROPRIATE PERSONNEL, SUBJECT TO
APPROVAL BY THE CITY COMMISSION, TO SERVE AS LEGAL ADVOCATES
AS PART OF THE PROGRAM.
WHEREAS, the City of Miami Beach is a unique, coastal community that consistently
experiences an immense number of visitors, tourists, and other individuals entering the City each
year; and
WHEREAS, a significant and unacceptably large number of those persons entering the
City commit criminal offenses while within the City; and
WHEREAS, the City is committed to reducing crime and repeat offenses, and bringing
social services to those that may find it difficult to otherwise obtain such services; 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, on December 8, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31956 authorizing the City Manager to execute a Memorandum of Understanding with
Court Options, Inc., to provide the City's Municipal Prosecutor with an appropriate mechanism to
address first-time and qualifying offenders exclusively charged with municipal ordinance
violations; and
WHEREAS, the Miami -Dade State Attorney's Office (the "Miami -Dade SAO") remains the
prosecutorial entity responsible for the prosecution of those offenders arrested for the commission
of any felony, misdemeanor, and/or County ordinance violation(s) committed in Miami -Dade
County; and
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 criminal and quality of life offenses being committed within its jurisdictional bounds; and
WHEREAS, in addition to municipal ordinance violations, the commission of misdemeanor
and certain felony 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, visitors, and business establishments; and
WHEREAS, in recognition of the heavy prosecutorial burden the Miami -Dade SAO bears,
the Miami Beach Police Department desires to identify certain, specific cases (in which the
defendant is a repeat criminal offender in the City of Miami Beach) that it believes merit vigorous
prosecution by the Miami -Dade SAO; and .
WHEREAS, the Police Department and City Attorney's Office are working in collaboration
with the Miami -Dade SAO, and will fully support (in whatever capacity is needed) the Miami -Dade
SAO's prosecution of these repeat criminal offenders; and
WHEREAS, the Justice Advocate Program (the "Program") is a tool (which is presently
utilized by the City of Coral Gables) to supplement and assist the Miami -Dade SAO in its
prosecution of certain, designated criminal defendants; and
WHEREAS, the Program is designed to focus additional resources and attention on
offenders of special concern and those defendants who repeatedly commit crimes within the City;
and
WHEREAS, the City will utilize the Program (or a similarly -styled program tailored to
address the City's needs), and the Police Department will determine which defendants warrant
inclusion in the Program; and
WHEREAS, the State Attorney communicated her full support and endorsement of the
City's implementation of, a justice advocate -style program to provide litigation and case
management support directly to the specific Assistant State Attorney ("ASA") handling the
prosecution of those defendants identified by the Police Department as warranting particularized
attention and inclusion in the Program; and
WHEREAS, once the Police Department identifies an individual as an offender of special
concern, the City Attorney will assign an attorney to work with the Police Department as the justice
advocate, who will monitor all aspects of the case (and ensure that the City of Miami Beach has
an opportunity to be heard at all significant stages of the criminal proceedings through its legal
representative communicating directly with the assigned ASA), and continue to monitor the cases
and attend court hearings as the cases travel through the criminal justice system; and
WHEREAS, as part of the collaborative effort with the Miami -Dade SAO and the City's
implementation of a Justice Advocate Program, the Police Department will designate police
officers to identify those offenders appropriate for inclusion in the Program, attend first
appearance/ bond hearings, compile complete criminal investigative case files for the Program's
legal justice advocate, track and document the cases, and serve as a liaison for the Police
Department with regard to all offenders referred for inclusion in the Program (i.e. to assist in
securing of witnesses, police officers, and relevant evidence, as necessary); and
WHEREAS, in order to appropriately and adequately handle its tasks pertaining to the
Program, the Police Department will have to re -allocate certain Police resources and will also
require supplemental resources in furtherance of this initiative; and
2
WHEREAS, the use of a Justice Advocate Program would permit the City to allocate
additional resources in support of the Miami -Dade SAO's efforts to ensure the prosecution of
repeat offenders, while minimizing the costs to the City of duplicating and/or taking on functions
currently handled by the Miami -Dade State Attorney's Office.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby endorse the proactive efforts
of the Miami Beach Police Department and the City Attorney's Office to work in partnership with
the Miami -Dade State Attorney's Office in order to ensure the vigorous prosecution of those
habitual criminal offenders, as identified by the Police Department, who repeatedly victimize the
City's residents, visitors, and/or businesses; and further, authorizing and directing the creation of
a Justice Advocate Program in the City of Miami Beach to focus additional resources towards
enhancing and aiding the prosecution of certain repeat offenders and offenders of special concern
whom the Police Department determines warrant particularized attention, and authorizing the City
Attorney to engage outside counsel, or otherwise hire the appropriate personnel, subject to
approval by the City Commission, to serve as legal advocates as part of the Program.
PASSED and ADOPTED this c20 day of January, 2022.
ATTEST:
Dan Gelber, Mayor
5 2022
(Sponsored by Mayor Dan Gelber)
(Co -Sponsored by Commissioner Steven Meiner and Commissioner Alex J. Fernandez)„
APPROVED AS TO
FORM & LANGUAGE
:i tt & FOR EXECUTION
I
/— to—ZZ
City Attorney Date
3
C7 -Resolutions AP
MIAM.IBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: January 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ENDORSING THE PROACTIVE EFFORTS
OF THE MIAMI BEACH POLICE DEPARTMENT AND THE CITY
ATTORNEY'S OFFICE TO WORK IN PARTNERSHIP WITH THE MIAMI-
DADE STATE ATTORNEY'S OFFICE IN ORDER TO ENSURE THE
VIGOROUS PROSECUTION OF THOSE HABITUAL CRIMINAL
OFFENDERS, AS IDENTIFIED BY THE POLICE DEPARTMENT, WHO
REPEATEDLY VICTIMIZE THE CITY'S RESIDENTS, VISITORS, AND/OR
BUSINESSES; AND FURTHER, AUTHORIZING AND DIRECTING THE
CREATION OF A JUSTICE ADVOCATE PROGRAM IN THE CITY OF MIAMI
BEACH TO FOCUS ADDITIONAL RESOURCES TOWARDS ENHANCING
AND AIDING THE PROSECUTION OF CERTAIN REPEAT OFFENDERS
AND OFFENDERS OF SPECIAL CONCERN WHOM THE POLICE
DEPARTMENT DETERMINES WARRANT PARTICULARIZED ATTENTION,
AND AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE
COUNSEL, OR OTHERWISE HIRE THE APPROPRIATE PERSONNEL,
SUBJECT TO APPROVAL BY THE CITY COMMISSION, TO SERVE AS
LEGAL ADVOCATES AS PART OF THE PROGRAM.
ANALYSIS
Pursuant to the request of Mayor Dan Gelber and Co -Sponsors Commissioner Steven Meiner
and Commissioner Alex J. Fernandez, the attached Resolution is submitted for consideration
by the Mayor and Commission.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
No
Page 565 of 1313
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber and Co -Sponsored by Commissioners Steven Meiner and Alex Fernandez
ATTACHMENTS:
Description
D Resolution
Page 566 of 1313
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
January 27, 2022
State Attorney Katherine Fernandez Rundle
Miami -Dade State Attorney's Office
1350 NW 12th Avenue
Miami, FL 33136
Dear State Attorney Fernandez Rundle,
Attached please find a copy of City of Miami Beach Resolution No. 2022-32008:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ENDORSING THE PROACTIVE EFFORTS OF THE
MIAMI BEACH POLICE DEPARTMENT AND THE CITY ATTORNEY'S OFFICE
TO WORK IN PARTNERSHIP WITH THE MIAMI-DADE STATE ATTORNEY'S
OFFICE IN ORDER TO ENSURE THE VIGOROUS PROSECUTION OF THOSE
HABITUAL CRIMINAL OFFENDERS, AS IDENTIFIED BY THE POLICE
DEPARTMENT, WHO REPEATEDLY VICTIMIZE THE CITY'S RESIDENTS,
VISITORS, AND/OR BUSINESSES; AND FURTHER, AUTHORIZING AND
DIRECTING THE CREATION OF A JUSTICE ADVOCATE PROGRAM IN THE
CITY OF MIAMI BEACH TO FOCUS ADDITIONAL RESOURCES TOWARDS
ENHANCING AND AIDING THE PROSECUTION OF CERTAIN REPEAT
OFFENDERS AND OFFENDERS OF SPECIAL CONCERN WHOM THE POLICE
DEPARTMENT DETERMINES WARRANT PARTICULARIZED ATTENTION,
AND AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL,
OR OTHERWISE HIRE THE APPROPRIATE PERSONNEL, SUBJECT TO
APPROVAL BY THE CITY COMMISSION, TO SERVE AS LEGAL ADVOCATES
AS PART OF THE PROGRAM.
(Sponsored by Mayor Dan Gelber and Co -Sponsored by Commissioner Steven
Meiner, Commissioner Alex Fernandez, and Commissioner Mark Samuelian)
This Resolution was passed and adopted by the Mayor and City Commissioners of the City of
Miami Beach on January 20, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Mayor Dan Gelber
Commissioner Steven Meiner
Commissioner Alex Fernandez
Commissioner Mark Samuelian