99-23246-A RESO
RESOLUTION NO. 99-23246-A
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY COMMISSION
ESTABLISH A DOMESTIC VIOLENCE INTAKE UNIT IN MIAMI BEACH AND INCLUDE
FUNDING FOR SAME IN THE COUNTY'S FISCAL YEAR 2000 BUDGET
WHEREAS, Domestic Violence Intake Units, which currently operate on the mainland in Miami-
Dade County, assist victims of domestic violence by facilitating the process of obtaining a temporary
injunction; and
WHEREAS, without a local Intake Unit, victims of domestic violence in Miami Beach are less
likely to seek the protection of an injunction; and
WHEREAS, the injunction process at an intake unit consists of a summons issued to the respondent
along with a fifteen (15) day restraining order to ensure the safety of the victim prior to a court hearing; and
WHEREAS, it is crucial that a victim seek an injunction within twenty-four hours of a domestic
violence incident in order to prevent the accused batter from having contact with the victim; and
WHEREAS, the lack of readily available local intake service sharply reduces the chances that a
victim will seek a temporary injunction, since Miami Beach police officers cannot provide the protection of
accompanying victims to an intake unit when those units are located across the causeways; and
WHEREAS, the Administrative Office of the Courts estimates the total operating cost of
establishing an Intake Unit in Miami Beach is approximately $220,000 annually.
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
herein request that the Miami- Dade County Commission establish a Domestic Violence Intake U nit in Miami
Beach and include funding for same in the County's Fiscal Year 2000 Budget.
Passed and Adopted this~day of
July
,1999.
;J
ATTEST:
~16 f~LL.
CITY CLERK
F:\POLl\TECHSERV\POLlCIES\COM_RESO\domestic violence intake unit request.res.wpd
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
/"-2.0 -77
Date
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
TO:
SERGIO RODRIGUEZ
CIlY MANAGER
MURRAY DUBBIN
CIlY ATIORNEY
NEISEN KASDIN 1"\- f\
MAYOR
FROM:
SUBJECT:
DOMESTIC VIOLENCE INTAKE UNIT
DATE:
06/29/99
Please place on the agenda for the July 7, 1999 Commission Meeting a discussion on the
establishment of a Domestic Violence Intake Unit in Miami Beach.
Intake Units protect victims of domestic violence by facilitating the process of obtaining a temporary
injunction. CtUTently, there are four such units in Dade o,unty, all on the mainland. Without a local
intake unit, victims in Miami Beach are less likely to seek the protection of an injunction. Last year,
an estimated 1,500 domestic violence calls were made to Miami Beach Police. The need for a local
intake unit is evident.
The injunction process ac an intake unit consists of a Sl.Ullffions issued to the respondent along with a
fifteen (15) day restraining order to ensure the safety of the victim prior to a o,unty court hearing. It
is crucial that a victim.seek an injunction within twenty-four hours of a domestic incident.
Approximately 75% of batterers who share residence with their victims go back to the residence
within that time, usually against the victim's will. An injunction grants immediate residency to the
victim, making it illegal lor the accused batterer to enter the premises.
The lack of a readily available local intake service sharply reduces the chances that a victim will seek a
temporary injunction. CtUTently, only about 10% of Miami Beach domestic violence victims will do
so. The "displacement" factor associated with having to travel outside of their home municipality to
seek help contributes to this low percentage. Moreover, Miami Beach police officers cannot provide
the protection of accompanying victims to an intake unit when those units are located across the
causeways. Having an intake unit within their community would reduce the discomfort and distance
barriers currently faced by victims in Miami Beach.
Ivon Mesa, director of the Domestic Violence Intake Unit program for Dade o,unty, has tried to
obtain private grant funding for a fifth unit in Miami Beach, to no avail. It is imperative that the
County Commissioners include funding for the operation of the proposed intake unit in the Fiscal
Year 2000 County Budget. The City is currently endeavoring to find a suitable location to house the
unit. Please find enclosed (1) a domestic violence report for 1998 compiled by MBPD, (2) a cost
estimate worksheet for c':1e intake unit, (3) a schedule of personnel for the four current Dade intake
units, and (4) a memo concerning the legal aspects of municipal funding of o,unty court costs.
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Option 1
COST ESTIMATE TO OPERATE
THE DOMESTIC VIOLENCE INTAKE UNIT
IN THE CITY OF MIAMI BEACH
An optimal satellite Intake Unit would consist of 2 Intake Counselors positions (at least 1
being bilingual) and 2 Clerk positions.
Cost for Intake Counselors Positions & Work Stations
Intake Counselor salary (includes 36% benefits)
Computer hardware and software
(breakdown of estimate by CITeS available)
Office furniture (desk, high back chair,
2 side chairs, bookcase, file cabinet)
Su ppl ies/Pri nting/Photocopyi ng
Panic button
$36,783 x 2=
$ 2,500 x 2=
$ 2,500 x 2=
$ 700 x 2=
Additional Intake Unit Operational Costs
Phone lines
(breakdown of estimate by CITeS available)
Fax machine
Copy machine
Coded safety door
Maintenance costs
e$m'MAmepJ;~I)\g:]~Q$[$::::::::::::::::::::::
............... .
................. .
...................
..................
.................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...............................
....... ......................
..........'..............
. . . . . . . . . . . . . . . . . . . . . . . . .
........................ .
. . . . . . . . . . . . . . . . . . . . . . . . .
........................ .
.........................
.........................
.........................
.........................
. . . . . . . . . . . . . . . . . . . . . . . . .
. .....................
.............................
...............'........................................-...-,.....
....................................,.....................................................................
...................... ........,.................
$73,566/yr.
$10,695
$ 5,000
$ 5,OOO/yr.
$ 1 ,400
$ 825
$ 2,000
$ 5,500
$ 500
$ TBD
:::::::$104~4~~
Domestic Violence Unit, Clerk's Office Operational Costs
2 Clerk positions (includes 40% benefits) $44,844 x 2=
Computer hardware and software
Office furniture (2 desks, 2 side chairs, bookcase, 2 file cabinets)
Supplies/Printing/Photocopying $ 2,500 x 2=
Phone lines
Copy machine
$89,688/yr.
$10,695
$ 3,500
$ 5, OOO/yr.
$ 825
$ 5,500
ESTIMATEDTOTALCOSTS. .
COMBINED ESTIMA TED TOTAL COSTS
$219.694
..
Option 2
COST TE
THE DOMESTIC VIOL E INTAKE UNIT
IN THE CITY OF MIAMI BEACH
A minimal satellite Intake Unit would consist of one Intake Counselor positions (at least 1
being bilingual) and one part-time Intake Counselor positions. The following budget is based on
the condition that the working space for the Intake Unit would be provided by the Miami Beach
Police Department.
Cost for Intake Counselors Positions & Work Stations
. Intake Counselor salary (includes 36% benefits)
Intake Counselor salary (approximate)
Computer hardware and software
(breakdown of estimate by CITeS available)
Office furniture (desk, high back chair,
2 side chairs, bookcase, file cabinet)
Su p pi i es/Printing/Photocopyi ng
Panic button
$36,783 x 1=
$20,000 x 1 =
$36,783/yr.
$20,OOO/yr.
$10,695
$ 2,500 x 2=
$ 2,500 x 2=
$ 700 x 2=
$ 5,000
$ 5,000/yr.
$ 1 ,400
Additional AOC Intake Unit Operational Costs
Phone lines
(breakdown of estimate by CITeS available)
Fax machine
Copy machine
Coded safety door
Maintenance costs
$ 825
$ 2,000
$ 5,500
$ 500
$ TBD
~
\
DOMESTIC VIOLENCE INTAKE UNIT PERSONNEL DISTRIBUTION
COURTHOUSE CENTER: CENTRAL LOCATION
Hours of Operations: 8:00 a.m. to 10:30 p.m.
All Intake Counselors listed below can be reached at 547-3170.
THREE CONSECUTIVE DAYS OFF FOR CREW A
THREE NON-CONSECUTIVE DAYS OFF FOR CREW 8
I EMPLOYEE I SUNDAY I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I SATURDAY I
KATHY (A) OFF KATHY KATHY KATHY KATHY OFF OFF
ANA (A) OFF ANA ANA ANA ANA OFF OFF
MART A (A) OFF MARTA MARTA MARTA MARTA OFF OFF
BILL (B) OFF BILL BILL BILL OFF BILL OFF
RICHARD (B) OFF RICHARD RICHARD OFF RICHARD RICHARD OFF
DEBBIE (B) OFF OFF OFF DEBBIE DEBBIE DEBBIE DEBBIE
NICOLA NICOLA OFF
THREE CONSECUTIVE DAYS FOR CREW 8
THREE NON-CONSECUTIVE DAYS OFF FOR CREW A
I EMPLOYEE I SUNDAY I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I SATURDAY I
... I'V\ I MY. ....d ...... ... .............
KATHY (A) OFF KATHY KATHY .1"11=1= ..... KATHY OFF
, ..... .
. ANA ..
ANA (A) OFF ANA OFF ANA ANA OFF
MART A (A) OFF MARTA MARTA OFF MARTA MARTA OFF
BILL (B) OFF BILL BILL BILL BILL OFF OFF
RICHARD (B) OFF RICHARD RICHARD RICHARD RICHARD OFF OFF
DEBBIE (B) OFF OFF OFF DEBBIE DEBBIE -- DEBBIE DEBBIE
NICOLA NICOLA OFF
ate: Crew A and Crew 8 work on a weekly rotating basis
DISTRICT DOMESTIC VIOLENCE INTAKE UNITS
Hours of Operations: 8:00 to 4:30
JOSEPH CALEB COMMUNITY CENTER
All Intake Counselors listed below can be reached at 636-2267 and 636-2280.
I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I
Violet Felipe Violet Felipe Violet Felipe Violet Felipe Violet Felipe
Nicola Wolfe Nicola Wolfe
NORTH DADE JUSTICE BUILDING
All Intake Counselors listed below can be reached at 354-8780.
I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I
Theresa Hicks Theresa Hicks Theresa Hicks Theresa Hicks Theresa Hicks
Nicola Wolfe Nicola Wolfe
SOUTH DADE GOVERNMENT CENTER
AJllntake Counselors listed below can be reached at 234-1491 or 234-1481.
I MONDAY I TUESDAY I WEDNESDAY I THURDAY I FRIDAY I
Paul Rod Paul Rod Paul Rod Paul Rod Paul Rod
Jeanne Cote Jeanne Cote Jeanne Cote Jeanne Cote Jeanne Cote
\
REVISED 1\IErvIORA.NDUM
ADIVIINISTR.\ TIVE OFFICE OF THE COURTS
An Office of Cooperation
TO:
Ruben Carrerou
Coun Administrator
DATE: April 22, 1999
FROM:
Donald L Pollock, Director
Legal Division l'
SUBJECT: MUNlCIP AL FUNDIN"G
OF STATE COURTS
SYSTEM
You have inquired whether municipal as well as county governmental entities can pay the
salaries of court employees.
· Because the funding of the state court system is 1lQI preempted exclusively to the state and/or
county governments, 1 I feel that a municipality QD lawfully appropriate funds to pay the
salary of court employees.
· Although municipalities are not prohibited from providing funding for the state courts system,
a municipality cannot be required to do SO.2
\.
· As amended by the voters in November 1998, An. V, S14(a) states that "all justices ;d'--/
judges shall be compensated only by state salaries fixed by general law, " thereby preempting
to the State the payment of judicial salaries. Funding for other state court system expenses
"shall be provided from state revenues appropriated by general law, " except that th~ counties
shall be required to fund the costs of various facilities and also to "pay reasonable and
necessary salaries and costs and expenses of the state courts system to meet local
requirettrents as determined by general laW.,,3 Under Art. V, S 14( c), Fla. Const.
lA municipal legislatiVe body may not take action on any subject expressly preempted to state
or county government by the constitution, general law, or by the county chaner. S 166.021(3), Fla.
Stat.
2The elimination of this type of multi-funding scheme was one of the reasons leading to the
amendment of Article V in 1968, prior to which each court level operated autonomously 'Nith
separate budgets.
3A local requirement exists where there are special circumstances in a given circuit or county
(continued...)
Donald Pollock
Director
Legal Research Division
73 West Flagler Streel, Room 1902
Miami, Florida 33130
Phone(305)375-Z132
FAX (305) 350-6261
dm1wroproimunici.Cl'1
municipalities are neither expressly authorized~ nor prohibited from funding the state COUrts
system
· \l,;1lile S 43 28, FIa Stat.,s states that the counties "shall provide appropriate Courtrooms,
facilities and unless provided by the state, personnel necessary to operate the circuit and
county courts," the statute does not expressly preempt municipalities from providing Such
funding. Cj Art. V, S 14 stating that "alljudges shall be compensated only by state salaries
fixed by general law," thereby preempting to the State the payment of judicia! salaries.
Therefore, municipalities are neither required nor prohibited from appropriating funds to pay
the salary of court employees.
· \Vhile the funding of state couns systems' expenses is not expressly preempted to the county
under ~ 43.28, Fla Stat., this does not mean that a municipality can be required to provide
such funding. 6
· \Vhile you were initially advised that salaries of certain state court system employees were
being paid by municipalities in the Fourth Judicial Circuit, Britt Beasley informed me that this
is not an accurate statement. Rather, in the Fourth Judicial Circuit the governments of Duval
County and the municipalities located within that county have been consolidated. See City
of Jackson.ville Beach v. Albery, 291 So. 2d 82 (Fla. 1st DCA 1973). The salaries referred
to above are funded by such .consolidat~ government. 7
y.. continued)
which have resulted in or necessitate implementation of specialized programs or the commitment of
resources which would not generally be required in other circuits such as where a county adopts a
local program, enacts a local ordinance or pursues extraordinary activities which have a substantial
financ~al or operational impact upon a giveo circuit. Examples may include, but are not limited to,
specialized support persormeI, staffing and resources for video arraignments, pretrial release programs
or misdemeanant probation.
'Regarding the expenditure for both the state attorney's and public defepder's offices, there
is expressed legislative authorization for municipalities as well as counties. "to appropriate or
contribute funds" to pay the salaries of certain personnel handling the prosecution and defense of
offenses occurring within municipal boundaries. ~ 27.34(1) and ~ 27.54(2), Fla. Stat.
jSee also 9 34.171, Fla. Stat., which provides that unless the state shall pay such expenses,
the county shall pay all reasonable salaries of bailiffs, secretaries and assistants of the circuit and
county courts and all reasonable expenses of the offices of circuit and county coun judges.
6Art. V, S 14( c) states that "no municipality" shall be "required to" provide any funding for
the state coun system. While the constitution does not require municipalitiesto fund the courts, they
are not expressly prohibited from doing so.
7Duval County' 5 consolidated government is akin to .Miami-Dade County's form of
metropolitan government. Specifically, Mami-Dade Counry has adopted a Home Rule Charter
gi'Ving a number of special powers to the Board ofColinty COmmissioners Art 8, ~ 6(t), Fla Const;
(continuedq)
2
CO~CLuSION
In my opinion the provision of courtrooms, facilities and personnel to the circuit and county
courts has nm been expressly preempted to either state or county government While a municipality
is not prohibited from funding the state courts system, it cannot be required to do so either..
c: David Robinson, General Counsel
7(. . continued)
12 Fla. Jur. 2d Counties. etc, 978. The metropolitan government ofMiarni-Dade County "has some
of the characteristics ofbotb. the traditional municipal and county governments, but it cannot be said
to be either of the traditional forms. Any effort to liken it to ei~her municipal or usual county
government is likely to be inaccurate, erroneous and lead to confusion." County of Dade v. Saffran,
173 So. 2d 138 (Fla. 1965).
.,
,j