Resolution 2021-31960RESOLUTION NO. 2021-31960
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,' URGING THE FLORIDA LEGISLATURE TO PROPOSE AN
AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA; SAID AMENDMENT
TO VEST JUDICIAL POWER IN, AND PROVIDE EXPRESS AUTHORITY FOR, ANY
MUNICIPALITY OF THE STATE TO ESTABLISH A LOCAL COURT, COMPRISED OF AN
ELECTED JUDICIARY, TO PRESIDE OVER CRIMINAL CASES EMANATING FROM WITHIN
ITS JURISDICTION.
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 misdemeanor and criminal municipal ordinance offenses being committed
within its jurisdictional bounds; and
WHEREAS, these misdemeanor and municipal ordinance 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 and visitors; and
WHEREAS, in Article V, Section 1, the Constitution of the State of Florida (the "State
Constitution") vests judicial power in a Supreme Court, District Courts of Appeal, Circuit Courts
and County Courts; 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, the State Constitution further expressly states that no other courts may be
established by the State, any political subdivision or any municipality; and
WHEREAS, establishing a local court, in the City of Miami Beach, comprised of an
elected judiciary, would enable such Miami Beach court judges to gain a clear perspective and
familiarity with regard to those issues affecting the City, and develop a further understanding as
to the impact these criminal misdemeanor, quality of life offenses have upon the City's residents
and visitors.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby urge the Florida
Legislature to propose an amendment to the Constitution of the State of Florida; said
amendment, to vest judicial power in, and provide express authority for, any municipality of the
state to establish a local court, comprised of an elected judiciary, to preside over criminal cases
emanating from within its jurisdiction.
PASSED and ADOPTED this
ATTEST:
I E. Granado, City Clerk
8 day of December, 2021.
IV -,d IW4�
CORIORATE Dan Gelber, Mayor
(Sponsored by Commissioner Steven Meiner)
APPROVED AS TO
DEC 1 3 202 FORM & LANGUAGE
& FOR EXECUTION
I 1-3u-2►
City Attorney M Date
Resolutions - R7 S
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, URGING THE FLORIDA LEGISLATURE TO
PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF
FLORIDA; SAID AMENDMENT TO VEST JUDICIAL POWER IN, AND
PROVIDE EXPRESS AUTHORITY FOR, ANY POLITICAL SUBDIVISION
OF THE STATE TO ESTABLISH A LOCAL COURT, COMPRISED OF AN
ELECTED JUDICIARY, TO PRESIDE OVER CRIMINAL CASES
EMANATING FROM WITHIN ITS JURISDICTION.
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.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
D Resolution.
Does this item utilize G.O.
Bond Funds?
No
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