HomeMy WebLinkAbout2006-26407 Reso
RESOLUTION NO.
2006-26407
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND
THE STATE ATTORNEY'S OFFICE FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF
PROSECUTION OF CERTAIN CRIMIMAL VIOLATIONS OF
THE CITY OF MIAMI BEACH CODE AND OF MIAMI-DADE
COUNTY CODE
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 ofthe 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, Sections 27.02 and 27.34, respectively of the 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, FLORID that the Mayor and City
Clerk are hereby authorized to execute the attached Agreement fo i rsement to the State
for costs of State Attorney prosecution of certain criminal violati s f City of Miami Beach
Code and Miami-Dade County Code.
PASSED and ADOPTED this ~day of
David D
ATTEST:
~~. rtU~
CITY CLERK
Robert Parcher
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Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and the City Clerk to 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
Miami-Dade County for criminal prosecution of local code and ordinance violations.
Ke Intended Outcome Su orted:
Maintain crime rates at or below national trends.
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
orosecution of local code and ordinance violation?
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.
The MBPD is requesting this amount for fiscal budget year 2006/2007.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Michael Gruen, Police Department
Si n-Ofts:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2006\dec0606\Regular\Commission Item Summary SAO.doc
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MIAMI BEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager~ ".- 0-
December 6, 2006 ()
TO:
DATE:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR 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.
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 11th 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 2006/2007.
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/CN/MG
T:lAGENDA\2006\dec0606\Regular\Commission Memorandum Miami Beach SAO.doc