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
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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