2008-26962 ResoRESOLUTION NO. 2008-26962
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA,
OFFICE OF THE STATE ATTORNEY'S OFFICE FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA TO REIMBURSE THE STATE FOR THE COST
OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF MIAMI BEACH AND MIAMI-DADE
COUNTY CODES AND ORDINANCES
WHEREAS, Miami-Dade County and the City have enacted various codes and ordinances,
providing for criminal penalties upon violation, which assist in protecting the health, safety and welfare of
the residents and visitors of the City of Miami Beach; and
WHEREAS, the enforcement of these codes and ordinances, and the prosecution of the violators
of these codes and ordinances, assists in ensuring a superior quality of life for the residents and visitors of
the City of Miami Beach, and to maintain and improve the health, safety, and welfare of this community;
and
WHEREAS, recent amendments to Chapter 27, Florida Statues, require municipalities to be
financially responsible for the costs of prosecuting local code and ordinance violations when such
prosecutions are not ancillary to a State charge; and
WHEREAS, Sections 27.02 and 27.34, Florida Statutes, authorize the State Attorney to
prosecute municipal ordinance violations punishable by incarceration if ancillary to State prosecution or,
if not ancillary to State prosecution, when the State Attorney contracts with the City for reimbursement.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORH)A, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached Agreement
between the City and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit in
and for Miami-Dade County, Florida to reimburse the State for the cost of State Attorney prosecution of
certain criminal violations of the City of Miami Beach and Miami-Dade County Codes and Ordinances.
PASSED and ADOPTED this lOthday of December , 2008
MA OR
TEST• atti Herrera Bower
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CITY CLERK !~'R~Q ~ T~
Robert Parcher FQRM & ~~-GE
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F: IPOLIIADMII$OPRIGRUE1VIreso approving 2007,
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida approving and
authorizing the Mayor and City Clerk to execute an agreement between the City and the State of Florida,
Office of the State Attorney's Office for the eleventh judicial circuit in and for Miami-Dade County, Florida to
reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of
Miami Beach and Miami Dade-County Codes and Ordinances.
rce intenaea outcome su ortea:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.):.): Safety was ranked No. 1 by residents as
ne of the changes that will make Miami Beach a better place; safety across the City was one of the
ost important areas affecting the quality of life; and 78% of residents rated the quality of services
rovided by City Police as excellent or ood.
Issue:
Shall the City Commission execute an agreement between the City of Miami Beach and the State
Attorney's Office for the 11 th Judicial Circuit in and for the Miami-Dade County for criminal prosecution of
local code and ordinance violation?
Item Summa /Recommendation:
Recent amendments to Chapter 27, Florida Statutes, require municipalities to be financially
responsible for the costs of prosecuting local code and ordinance violations when such prosecutions
are not ancillary to a State Statute charge. In an effort to meet this requirement, the Miami Beach
Police Department (MBPD) is requesting to enter into an Agreement with the State Attorney's Office of
the 11th Judicial Circuit, to reimburse their Agency for the prosecution of the above described
violations at a rate of $50 per hour. The adoption of this Resolution authorizing this Agreement with
the State Attorney's Office will ensure the continued lawful prosecution of these violations which will
facilitate in protecting the health, safety and welfare of the residents and visitors of the City of Miami
Beach. Although the rate to prosecute is $50 per hour, the State Attorney's Office has indicated that
they typically handle, on average, three (3) cases per hour, reducing the hourly rate to approximately
$17 per arrest. At a rate of $17 per arrest for the State Attorney's Office to prosecute, the annual cost
is projected to be $51,000. The MBPD is requesting this amount for fiscal budget year 2008/2009.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Managerllll+e~eJ ~gen, Planning and Research Office
Sign-Offs:
Depart nt Director Assistant City Manager City Manager
Carlos N ga, Chief of
Police
AGElW~- ITEM
1~'~~Y t ~ DATE ~"~~D~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera-Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 10, 2008
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
AN AGREEMENT BETWEEN THE CITY AND THE STATE OF
FLORIDA, OFFICE OF THE STATE ATTORNEY'S OFFICE FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADS COUNTY,
FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE
ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS
OF THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY CODES
AND ORDINANCES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Recent amendments to Chapter 27, Florida Statutes, require municipalities to be
financially responsible for the costs of prosecuting local code and ordinance
violations punishable by incarceration when such prosecutions are not ancillary to a
State Statute charge.
In an effort to meet this requirement, the Miami Beach Police Department (MBPD) is
requesting to enter into an agreement with the State Attorney's Office of the 11th
Judicial Circuit to reimburse their Agency for the prosecution of the above described
violations at a rate of $50 per hour. Articles of the agreement are described in detail:
Services, Terms, Payment Schedule, Responsibilities, Reporting, Indemnification,
Termination, Service Charges, and Non-Discrimination.
Although the rate to prosecute is $50 per hour, the State Attorney's Office has
indicated that they typically handle, on average, three (3) cases per hour, reducing
the hourly rate to approximately $17 per arrest. At a rate of $17 per arrest for the
State Attorney's Office to prosecute, the annual cost is projected to be $51,000. The
MBPD is requesting this amount for fiscal budget year 2008/2009.
The adoption of this Resolution authorizing this agreement with the State Attorney's
Office will ensure the continued lawful prosecution of these violations which will
facilitate in protecting the health, safety and welfare of the residents and visitors of
the C' y of Miami Beach.
JMG/CN/RAM/MG
T:\AGENDA\20081December 10\Consent\CommissionMemoSA00809.doc