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HomeMy WebLinkAboutResolution 2025-34031RESOLUTION NO. 2025.34031 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SEEKING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE STATE CONSTITUTION, WHICH AMENDMENT WOULD 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 STEMMING FROM WITHIN SUCH MUNICIPALITY'S JURISDICTION, BE ESTABLISHED AS A LEGISLATIVE PRIORITY AND INCLUDED IN THE CITY'S 2026 STATE LEGISLATIVE AGENDA; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. WHEREAS, Florida's leaders have firmly established Florida as the strongest and best state in the nation on the most important bipartisan issue facing our City, State, and Country — public safety; and WHEREAS, nonetheless, the City still continues to contend, on a daily basis, with various impediments in prosecuting its criminal municipal ordinance violation cases in the County Court as manyjudges (some of whom outwardly express dismay, or even disdain) dislike the fact that the City actually seeks to prosecute (including by offering social services to those in need) criminal municipal ordinance offenders and also insists upon the appropriate prosecution of State law misdemeanor offenses; and WHEREAS, as an internationally renowned tourist destination, the City experiences a fair number of State law misdemeanor and City ordinance crimes being committed within its jurisdictional bounds; and WHEREAS, these offenses adversely impact residents' quality of life, tourists' vacation experience, and businesses' ability to thrive and continue to generate an inordinate number of issues and complaints from City stakeholders; and WHEREAS, in December 2021, Mayor Steven Meiner introduced Resolution No. 2021-31960 (attached hereto as Exhibit "A") in which the Miami Beach City Commission urged the Florida Legislature to propose an amendment to the Constitution of the State of Florida (the "State Constitution') to vestjudicial power in, and provide express authority for, any municipality in the State to establish a local court, comprised of an elected judiciary, to preside over criminal cases originating from within its own jurisdiction; and WHEREAS, presently, Article V, Section 1 of the State Constitution vests judicial power in a Supreme Court, District Courts of Appeal, Circuit Courts and County Courts, and there are currently approximately fifteen (15) County Court Criminal Judges in Miami - Dade County who oversee cases in which the defendants are charged with State law misdemeanors and/or the City's criminal ordinance violations; and WHEREAS, unfortunately, the State Constitution further expressly states that no other courts may be established by the State, any political subdivision, or any municipality; and WHEREAS, however, the ability to establish a local court in the City of Miami Beach (and other similarly situated and like-minded municipalities in Florida), comprised of an elected judiciary, serves several important purposes, including: 1. a locally elected judiciary would enable the municipal judges to gain a clear, first-hand perspective and familiarity with regard to those issues affecting the specific municipality; 2. local judges would develop a detailed understanding as to the impact these criminal misdemeanor and municipal ordinance quality of life offenses actually have upon the specific municipality's residents, visitors, and businesses; 3. due to increased accountability to the voting constituency of the municipality, a locally elected judiciary would be more likely to take local stakeholders' (residents and businesses) concerns more seriously in terms of the judges' attitudes towards the prosecution of municipal ordinance violations; and WHEREAS, it is critical that the Florida Legislature propose an amendment to the State Constitution, with 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 stemming from within its jurisdiction. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby seek the Florida Legislature to propose an amendment to the State Constitution, which amendment would 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 stemming from within such municipality's jurisdiction, be established as a legislative priority and included in the City's 2026 State legislative agenda; and further, directing the City Clerk to transmit copies of this Resolution to the Governor of Florida, the President of the Florida Senate, and the Speaker of the Florida House of Representatives. PASSED and ADOPTED this n day of eu �� 2025. ATTEST: DEC 19 2025 Steven Meiner, Mayor Rafa I E. ranado, City Clerk (Sponsored by Mayor Steven Meiner) Cosponsored by Commissioner David Suarez Cosponsored by Commissioner Laura Dominguez `. APPROVED AS TO is FORM & LANGUAGE � �L EXECUTION Date 7 orney .^ � (� RESOLUTION NO. 202"1960 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 8 day of December, 2021. ATTEST: `�"....�'`�ti,, tij s9 by ',IN P 0MTEl),',} Dan Gelber, Mayor •bq!3H q` APPROVED AS TO feel E. Grenedo, Ciry Gerk DEC 1 $ 2021 FORM & LANGUAGE & FOR EXECUTION (Sponsored by Commissioner Steven Meiner) 0,—� 11-3u-'Li EXHIBIT "A" cl"A"OfO7A4W Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w .micmibeachB.gov Office of the City Clerk Tel: 30.5-673-7411 December 19, 2025 Honorable Governor Ron DeSantis The Capitol 400 S Monroe St. Tallahassee, FL 32399 Dear Honorable Governor DeSantis, Attached please find a copy of City of Miami Beach Resolution No. 2025-34031: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SEEKING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE STATE CONSTITUTION, WHICH AMENDMENT WOULD 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 STEMMING FROM WITHIN SUCH MUNICIPALITY'S JURISDICTION, BE ESTABLISHED AS A LEGISLATIVE PRIORITY AND INCLUDED IN THE CITY'S 2026 STATE LEGISLATIVE AGENDA; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. (Sponsored by Mayor Steven Meiner and Co -sponsored by Commissioner Laura Dominguez and Commissioner David Suarez) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on December 17, 2025. Respectfully, Rafael E. Granado City Clerk c: Mayor Steven Meiner Commissioner Laura Dominguez Commissioner David Suarez MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Bead, Florida 33139, w .miamiheachfl.gov Office of the City Clerk Tel: 305b73-7411 December 19, 2025 Speaker of the House Daniel Perez 402 South Monroe Street Tallahassee, FL 32399 Dear Speaker of the House Perez, Attached please find a copy of City of Miami Beach Resolution No. 2025,34031: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SEEKING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE STATE CONSTITUTION, WHICH AMENDMENT WOULD 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 STEMMING FROM WITHIN SUCH MUNICIPALITY'S JURISDICTION, BE ESTABLISHED AS A LEGISLATIVE PRIORITY AND INCLUDED IN THE CITY'S 2026 STATE LEGISLATIVE AGENDA; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. (Sponsored by Mayor Steven Meiner and Co -sponsored by Commissioner Laura Dominguez and Commissioner David Suarez) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on December 17, 2025. Respectfully, Rafael E. Granado City Clerk C: Mayor Steven Meiner Commissioner Laura Dominguez Commissioner David Suarez MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w .rriamibeachfl.gm Office of the City Clerk Tel: 305b73-7411 December 19, 2025 Senate President Ben Albritton 409 The Capitol 404 South Monroe Street Tallahassee, FL 32399 Dear Senate President Albritton, Attached please find a copy of City of Miami Beach Resolution No. 2025-34031: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SEEKING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE STATE CONSTITUTION, WHICH AMENDMENT WOULD 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 STEMMING FROM WITHIN SUCH MUNICIPALITY'S JURISDICTION, BE ESTABLISHED AS A LEGISLATIVE PRIORITY AND INCLUDED IN THE CITY'S 2026 STATE LEGISLATIVE AGENDA; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. (Sponsored by Mayor Steven Meiner and Co -sponsored by Commissioner Laura Dominguez and Commissioner David Suarez) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on December 17, 2025. Respectfully, L� Rafael E. Granado City Clerk c: Mayor Steven Meiner Commissioner Laura Dominguez Commissioner David Suarez 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 WA. Applicable Area Citywide Is this a "Residents Right Does this item utilize G_0.. to Know" Rem. pursuantto Bond Funds? City Code Section 2-14? No No LBprsramrs rracernp Commissioner Steven Meiner Page 1139 of 1357 Resolutions - C7 BT MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: December 17, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SEEKING THE FLORIDA LEGISLATURE TO PROPOSE AN AMENDMENT TO THE STATE CONSTITUTION, WHICH AMENDMENT WOULD 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 STEMMING FROM WITHIN SUCH MUNICIPALITY'S JURISDICTION, BE ESTABLISHED AS A LEGISLATIVE PRIORITY AND INCLUDED IN THE CITY'S 2026 STATE LEGISLATIVE AGENDA; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES. ANALYSIS The attached Resolution was prepared at the request of the sponsor, Mayor Steven Meiner. FISCAL IMPACT STATEMENT None. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfi.aoy/city-hall/city-clerkimeetina-notices/ FINANCIAL INFORMATION CONCLUSION 2060 of 3458 Applicable Area Citywide Is this a 'Residents Right to Know" item. Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2.481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(sl Mayor Steven Meiner Co-sponsors) Condensed Title Authority for Municipalities to Elect Local Judges as a 2026 Legislative Priority. (Meiner) CA Previous Action (For City Clerk Use Only) 2061 of 3458