HomeMy WebLinkAbout2005-25889 Reso
RESOLUTION NO.
2005-25889
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA, AUTHORIZING THE MAYOR OR HIS
DESIGNEE, AND THE CITY CLERK TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND THE
STATE ATTORNEY'S OFFICE FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA FOR CRIMINAL PROSECUTION OF
LOCAL CODE AND ORDINANCE VIOLATIONS
WHEREAS, Miami-Dade County and the City of Miami Beach have enacted various
codes and ordinances, providing for criminal penalties upon violation, which assist in protecting
the health, safety and welfare of the residents and visitors of the City of Miami Beach; and,
WHEREAS, the enforcement of these codes and ordinances, and the prosecution of the
violators of these codes and ordinances, assists in ensuring a superior quality of life for the
residents and visitors of the City of Miami Beach and to maintain and improve the health, safety,
and welfare of this community; and,
WHEREAS, recent amendments to Chapter 27, Florida Statues, require municipalities
to be financially responsible for the costs of prosecuting local code and ordinance violations
when such prosecutions are not ancillary to a state charge; and,
WHEREAS, SS27.02 and 27.34, Florida Statutes, authorize the State Attorney to
prosecute municipal ordinance violations punishable by incarceration if ancillary to state
prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the
City for reimbursement;
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, or his
designee, and City Clerk are authorized to execute the attached Agreement for Reimbursement to
the State for Costs of State Attorney Prosecution of Certain Criminal Violations of City of
Miami Beach and Miami-Dade County Codes and Ordinances, for the purpose providing State
Attorney prosecution of local code and ordinance violations.
, '
,
PASSED and ADOPTED this 18th day of Ma
A TEST: '
.5' ~ (,l,t ~
ITY CLERK Robert Parcher
F:\atto\DA TR\Contracts\SAO\rcso approving 2004-2005 SAO contract.doc
AYOR
id Dermer
APPRO 0 AS TO
FORM & LANGUAGE
& F EX U ION:
. If .-;"S- OJ
Date
CITY OF MIAMI 'BEAd...
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution authorizing the Mayor or his designee, and the City Clerk to execute a Professional Services
Agreement between the City of Miami Beach and the State Attorney's Office for the 11 th Judicial Circuit in
and for Miami-Dade County for criminal prosecution of local code and ordinance violations.
Issue:
Shall the City Commission execute a Professional Services Agreement between the City of Miami Beach
and the State Attorney's Office for the 11th Judicial Circuit in and for the Miami-Dade County for criminal
prosecution of local code and ordinance violation?
Item Summa IRecommendation:
Recent amendments to Chapter 27, Florida Statutes, require municipalities to be financially responsible
for the costs of prosecuting local code and ordinance violations when such prosecutions are not ancillary
to a State Statute charge. In an effort to meet this requirement, the Miami Beach Police Department
(MBPD) is requesting to enter into an agreement with the State Attorney's Office of the 11th Judicial
Circuit, to reim burse their Agency for the prosecution of the above described violations at a rate of $50 per
hour. The adoption of this Resolution authorizing this agreement with the State Attorney's Office will
ensure the continued lawful prosecution of these violations which will facilitate in protecting the health,
safety and welfare of the residents and visitors of the City of Miami Beach. Although the rate to prosecute
is $50 per hour, the State Attorney's Office has indicated that they typically handle, on average, three (3)
cases per hour, reducing the hourly rate to approximately $17 per arrest. At a rate of $17 per arrest for
the State Attorney's Office to prosecute, the annual cost is projected to be $51,000. The MBPD is
requesting this amount for fiscal budget year 2005/2006.
the resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin
Michael Gruen, Police Department
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AGENDA ITEM
DATE
G7H
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,miamibeachfl,gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez <\-v- ~
City Manager l ()
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR OR HIS
DESIGNEE, AND THE CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND THE STATE ATTORNEY'S OFFICE FOR THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA FOR
CRIMINAL PROSECUTION OF LOCAL CODE AND ORDINANCE
VIOLATIONS.
Date: May 18, 2005
To:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Recent amendments to Chapter 27, Florida Statutes, require municipalities to be financially
responsible for the costs of prosecuting local code and ordinance violations punishable by
incarceration when such prosecutions are not ancillary to a State Statute charge.
In an effort to meet this requirement, the Miami Beach Police Department (MBPD) is
requesting to enter into an agreement with the State Attorney's Office of the 11 th Judicial
Circuit to reimburse their Agency for the prosecution of the above described violations at a
rate of $50 per hour. Articles of the agreement are described in detail: Services, Terms,
Payment Schedule, Responsibilities, Reporting, Indemnification, Termination, Service
Charges, and Non-Discrimination.
Although the rate to prosecute is $50 per hour, the State Attorney's Office has indicated
that they typically handle, on average, three (3) cases per hour, reducing the hourly rate to
approximately $17 per arrest. At a rate of $17 per arrest for the State Attorney's Office to
prosecute, the annual cost is projected to be $51,000. The MBPD is requesting this
amount for fiscal budget year 2005/2006.
The adoption of this Resolution authorizing this agreement with the State Attorney's Office
will ensure the continued lawful prosecution of these violations which will facilitate in
protecting the health, safety and welfare of the residents and visitors of the City of Miami
Beach.
DWD/MG
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