HomeMy WebLinkAbout2005-26070 Reso
RESOLUTION NO. 2005-26070
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, 9927.02 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 r purpose providing State
Attorney prosecution of local code and ordinance violations.
PASSED and ADOPTED this ~day ofDecemb r
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION:
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Date
F:\atto\DATRIContracts\SAOlreso approving 2005-2006 SAO contract. doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution for an agreement with the SAO for the: prosecution of local code and ordinance
violations.
Ke I ntended Outcome Su orted:
Maintain crime rates at or below national trends.
Issue:
Shall the City Commission execute the agreement with the State Attorney's Office?
Item Summary/Recommendation:
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 reimburse 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.
This amount has been included in the Police budget for Fiscal Year 2005/06.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
D
OBPI
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
I Michael Gruen
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m
~
MIAM.IBEACH
AGENDA ITEM
DATE
G7T
I~" 7-o-S-
e MIAMI EACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez ~~
December 7, 2005 O.
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.
TO:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
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. This amount has been
included in the Police budget for Fiscal Year 2005/06.
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.
DD\MG
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