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Resolution 2022-32197 RESOLUTION NO. 2022-32197 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE AT ITS MAY 17, 2022 MEETING, AND DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO ENGAGE WITH THE ELEVENTH JUDICIAL CIRCUIT COURT OF FLORIDA, IN ORDER TO DETERMINE THE VIABILITY OF ASSIGNING CERTAIN COUNTY COURT JUDGES TO EXCLUSIVELY PRESIDE OVER CITY OF MIAMI BEACH CRIMINAL MISDEMEANOR AND MUNICIPAL ORDINANCE VIOLATION CASES, THEREBY CREATING A MIAMI BEACH JUDICIAL POOL; AND FURTHER, REQUESTING THE CITY ADMINISTRATION TO REPORT BACK TO THE CITY COMMISSION, WITHIN NINETY (90) DAYS, REGARDING THE FEASIBILITY OF SUCH INITIATIVE WHICH, IF POTENTIALLY ACHIEVABLE, SHOULD INCLUDE THE IDENTIFICATION OF PROSPECTIVE COSTS, FUNDING SOURCES AND A PLAN FOR IMPLEMENTATION. WHEREAS, the City of Miami Beach (the"City"), by and through its Municipal Prosecution Team, has prosecuted those individuals exclusively charged with violating the City's criminal ordinances since early-January 2018; and WHEREAS, the Miami-Dade State Attorney's Office (the "Miami-Dade SAO") continues to be the prosecuting entity responsible for the prosecution of all State law (felony and misdemeanor) violations; and WHEREAS, the City and the Miami-Dade SAO remain committed to reducing crime and providing the City's residents and visitors with a safe and secure environment to live, work and play; 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 misdemeanors and municipal ordinance offenses being committed within its jurisdictional bounds; and WHEREAS, the City created the Police/Citizen Relations Committee ("PCRC"), which consists of fourteen (14) voting members having knowledge of, and an interest in, police- community relations and its impact upon the City of Miami Beach; and WHEREAS, the PCRC is essentially tasked with identifying, evaluating and responding to the needs of both the community and the Miami Beach Police Department with regard to public safety and quality of life issues; and WHEREAS, the PCRC has identified various public safety and quality of life concerns and provided potential resolutions to such issues through numerous motions transmitted to the Mayor and City Commission by way of Letters to Commission ("LTCs"), e-mails and other means; and WHEREAS, amongst such LTCs provided by the PCRC to the Mayor and City Commission, is an LTC from late 2020 pertaining to the idea of establishing a local court and dedicated Miami Beach judges to address quality of life cases and offenders; 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, assigning certain, perhaps three (3) or four (4), dedicated County Court Criminal Judges to preside over all City of Miami Beach misdemeanor and municipal ordinance violation cases would aid in providing such Judges a further understanding as to those issues affecting the City's residents and visitors, the history of habitual offenders, and further enable such Judges to fashion the appropriate resolution(s) to such cases with regard to the needs of both the offender and the City; and WHEREAS, at the December 8, 2021 City Commission meeting, this item was referred to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") for its review and consideration; and WHEREAS, after discussion at the May 17, 2022 PSNQLC meeting, the item received a favorable recommendation and direction that the Resolution be placed on the City Commission agenda with such favorable recommendation noted. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accepting the recommendation of the Public Safety and Neighborhood Quality of Life Committee at its May 17, 2022 meeting, and directing the City Administration and City Attorney's Office to engage with the Eleventh Judicial Circuit Court of Florida, in order to determine the viability of assigning certain County Court Judges to exclusively preside over City of Miami Beach criminal misdemeanor and municipal ordinance violation cases, thereby creating a Miami Beach judicial pool; and further, requesting the City Administration to report back to the City Commission, within ninety(90)days, regarding the feasibility of such initiative which, if potentially achievable, should include the identification of prospective costs, funding sources and a plan for implementation. PASSED and ADOPTED this 0202 day of jU ri2 , 2022. ATTEST: JUN 2 3 202 an Gelber, Mayor Rafa I E. Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO ;i B��c • FORM &LANGUAGE. . s �` t &FOR EXECUTION :RIEORP RATED. C. Z. '44yH 26m e ��,......... City Attorney/n/�' V�' 2 Resolutions-C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: June 22, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE AT ITS MAY 17, 2022 MEETING, AND DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO ENGAGE WITH THE ELEVENTH JUDICIAL CIRCUIT COURT OF FLORIDA, IN ORDER TO DETERMINE THE VIABILITY OF ASSIGNING CERTAIN COUNTY COURT JUDGES TO EXCLUSIVELY PRESIDE OVER CITY OF MIAMI BEACH CRIMINAL MISDEMEANOR AND MUNICIPAL ORDINANCE VIOLATION CASES, THEREBY CREATING A MIAMI BEACH JUDICIAL POOL; AND FURTHER, REQUESTING THE CITY ADMINISTRATION TO REPORT BACK TO THE CITY COMMISSION, WITHIN NINETY (90) DAYS, REGARDING THE FEASIBILITY OF SUCH INITIATIVE WHICH, IF POTENTIALLY ACHIEVABLE, SHOULD INCLUDE THE IDENTIFICATION OF PROSPECTIVE COSTS, FUNDING SOURCES AND A PLAN FOR IMPLEMENTATION. ANALYSIS Pursuant to the request of Commissioner Alex J. Fernandez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the June 22, 2022 • Commission meeting. SUPPORTING SURVEY DATA N/A. FINANCIAL INFORMATION Unknown at this time, remains to be determined. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Page 399 of 1232 Yes No Legislative Tracking Office of the CityAttomey/Police Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description • ❑ Commission Memorandum o Resolution Page 400 of 1232 `,- ( ( r D E -,-� Fl City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber Members of the City Commission Alina T. Hudak, City Manager FROM: Rafael A. Paz, City Attorney r--)--75—"-- DATE: June 22, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE AT ITS MAY 17, 2022 MEETING, AND DIRECTING THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO ENGAGE WITH THE ELEVENTH JUDICIAL CIRCUIT COURT OF FLORIDA, IN ORDER TO DETERMINE THE VIABILITY OF ASSIGNING CERTAIN COUNTY COURT JUDGES TO EXCLUSIVELY PRESIDE OVER CITY OF MIAMI BEACH CRIMINAL MISDEMEANOR AND MUNICIPAL ORDINANCE VIOLATION CASES, THEREBY CREATING A MIAMI BEACH JUDICIAL POOL; AND FURTHER, REQUESTING THE CITY ADMINISTRATION TO REPORT BACK TO THE CITY COMMISSION, WITHIN NINETY (90) DAYS, REGARDING THE FEASIBILITY OF SUCH INITIATIVE WHICH, IF POTENTIALLY ACHIEVABLE, SHOULD INCLUDE THE IDENTIFICATION OF PROSPECTIVE COSTS, FUNDING SOURCES AND A PLAN FOR IMPLEMENTATION. The proposed Resolution (the "Resolution"), which is sponsored by Commissioner Alex J. Fernandez, is submitted for consideration at the June 22, 2022 meeting of the City Commission. The Resolution was originally heard at the December 8, 2021 City Commission meeting, at which time it was referred to the Public Safety and Neighborhood Quality of Life Committee("PSNQLC"). At that meeting, Commissioner Meiner presented a substantially similar item, pertaining to the creation of a dedicated Miami Beach judicial pool, but that item was not referred to the PSNQLC. After discussion at the May 17, 2022 PSNQLC meeting, both Commissioner Fernandez and Commissioner Meiner supported the Resolution, and the Committee favorably recommended the Resolution be placed on the agenda, with a favorable recommendation from the PSNQLC, for consideration by the City Commission. RAP/MAF/bs Page 401 of 1232