Ordinance 1660.�.,.��� _ -
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ORDINANCE NQ. 1„��n
.AN ORDINANCE AMENDING CHAPTER 2 OF "THE
C4DE OF THE CITY OF MIAMI BEACH, FLORIDA"
BY ADDZNG NEW SECTI�NS THERETO, CREATING
T�3E QFFICE OF CITY. .PUBLI.0 DEFE�TDE12, �RE-
SCRIBZNG HIS DUTIES A�TD FIXING THE SALARY
THEREOF .
BE IT 4RDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Chapter 2 of "The Code of the City of Miami
Beach, Florida" be and the same is hereby amended
by adding new sections thereto, to be numbered and to read as
fol lows :
"Sec. 2.23.1. T�ere is hereby ereated and established
the office of City Public Defender, who
shall be appointed by the City Council, and who shall
serve at its will. He shall be a du�.y licensed prac-
ticing attorney of the S�ate, and shail have been ac-
tively engaged in the practice of law for not less
than five 45) years. The duties of the City Public
Defender shall include, but not be restricted to, the
f o 1 lowing :
(a) To represent all those indigent p�rsons of the �ity
and who are without funds to employ
couns�l, who are accused or charged with
the commissian o� an offense cogni2able
under the penal ordinances of the City
and triable in �he Municipal Court, and
, to perform any and all other essential
and incidental functions whatosever
attendant thereto.
(b) To investigate fully the facts and cir-
cumstances of the alleged commission of
the offense with which the accused is
cY�arged .
' 5ec. 2.23.2. The City Public Defender may appoint,
by� and with the approval of the City
Council, any necessary assis�ants who shall be known
as Assistant City Public Defenders. An Assistant
City Public Defender shall have been a duly licensed
practicing attorney of the State of Florida for not
less than f ive (5) years. Su�h P_ssistant City Public
Defenders shall serve at the will of the City Public
Defender and shall perform their duties under his
direction and supervision. Thecompensation for th�
Public D�: f�nc�r .���ull k��: fixed by the Council . '
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"See. 2.23.3. Determination of Insolvency
�], ) The determin ation o f insolvency o f any
accused person shalZ be made by the court and may be done
at any stage of the proceedings. The public defender shall
be allowed process of the court to summon witnesses to
testify before the court concerning the financial ability
of any accused person to employ counsel, for his own
defense.
(2} If the trial court shall determine and adjudge,
within one year after the determination of insolvency,
that any accused was error�eously or improperly determined
to be insolvent the city attorney, in the name of the city,
shall proceed against such accused for the reasonable
value of the services rendered to the accused and including
all recovered shall be deposited in the general revenue fund
to the account from which the expenses of the office of
Public Defender are paid.
Sec. 2.23.4. Assistance: Claim against recipient's
estate
There is hereby created a lien, enforceable as
hereinafter provided, upon all the property, both real
a.nd personal, of any person who is receiving or has received
any assistance from any Public Defender of the City. Such
assistance shall constitute a claim against the applicant
and his estate, enforceable according to law in an amount
to be determined by the Court in which such assistance is
rendered and upan determination of the value thereof by
the court, a statement of claim showing the name and
residence of the recipient shall be filed for record in the
office of the Glerk of the Circuit Court in the ca��ty
whe�e the re�ipient r�sides <-►nd~in each county in �����ich
such ecipi�nt theiz owns or later acQuirc:s any property .
Saie� �liens �nall be enforce�. on beha.Lf of th� City of N�iai:�i '
BLach by the Public Defender, and shall be utiliz�d to
reimburse the city to de:�ray th� costs of the Public D�fender
system. Th� li.�n'herein cr�ated :hall pe a continuing
obl'igation,�irr��pective of any statut� of limitations."
SECTI�N 2: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed,
SECTION 3: That this ordinance shall go into ef�ect immediately
. upon its passage and posting as xequired by law.
PASSED and ADOPTED this 6th day of Septem}�er „,,�,1967.
ATTEST:
City Clerk and Finance Dir ector
lst reading
2nd reading
3rd reading
POSTED
- August 16, 1967
- AuquSt 16, 1967
- September 6, 1967
- September 7, 1967
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Ma� r
Mr
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STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. R�ULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1660 entitled:
AN ORDINANCE AMENDING CHAPTER 2 OF "THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA" BY ADDING NEW SECTIONS THERE-
TO, CREATING THE OFFICE OF CITY PUBLIC DEFENDER, PRE-
SCRIBING HIS DUTIES AND � �1�����G THE SALARY THEREOF.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the �th day of September, 1967
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS TniHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 18th day of October, 1967.
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