2007-26536 Reso
RESOLUTION NO. 2007-26536
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE
STATE OF FLORIDA OFFICE OF THE PUBLIC DEFENDER
FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, TO REIMBURSE THE
STATE FOR THE COSTS OF DEFENDING CERTAIN
CRIMINAL DEFENSE OF CITY OF MIAMI BEACH CODE AND
ORDINANCE VIOLATIONS
WHEREAS, the City of Miami Beach has 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; 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 defending persons arrested for local code and
ordinance violations when such prosecutions are not ancillary to a state charge; and
WHEREAS, Sections 27.51 and 27.54, Florida Statutes, authorize the Office of the
Public Defender to defend persons arrested for municipal ordinance violations punishable by
incarceration if ancillary to State prosecution or, if not ancillary to State prosecution, when the
Office of the Public Defender contracts with the City for reimbursement.
NOW THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are authorized to execute an Agreement between the City and The State of Florida Office
of the Public Defender for the Eleventh Judicial Circuit in and for i~~Dade County, Florida
to reimburse the State for the costs of criminal defense of Cito}l11iami Beach Code and
Ordinance Violations. ' !
PASSED and ADOPTED this 16th day of Ma
Dermer
1&:tO~
CITY CLEiilZ Robert Parcher
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sllu
Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to execute a Professional Services Agreement
between the City of Miami Beach and the Office of the Public Defender for the 11 th Judicial Circuit in
and for Miami-Dade County for defense costs of persons arrested for 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 Office of the Public Defender for the 11th Judicial Circuit in and for the Miami-Dade
County for criminal defense of persons arrested for local code and ordinance violations?
Item Summary/Recommendation:
Recent amendments to Chapter 27, Florida Statutes, require municipalities to be financially responsible
for the costs of defending persons arrested for 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 Office of the Public
Defender for the 11 th Judicial Circuit, to reimburse their Agency for the defense of the above described
violations at a rate of $50 per hour. The adoption of this Resolution authorizing this Agreement with the
Office of the Public Defender will ensure the continued lawful defense of persons arrested for these
violations. Although the rate to prosecute is $50 per hour, the Office of the Public Defender has indicated
that they typically handle, on average, three (3) cases per hour, or the rate of approximately $17 per
arrest. At a rate of $17 per arrest, 50 cases arrests on average per month, the Office of the Public
Defender defends for the City of Miami Beach, the monthly cost is projected to be $850.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $850.00 011.1110.000312
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Michael Gruen, Police Department
Si n-Offs:
Department Director
Assistant City Manager
City Manager
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MIAMI BEACH
AGENDA ITEM
DATE
C7I
S--IG ~7
&
MIAMI BEACH
City of Miami Beach, 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, City ManagerJ . r/
May 16, 2007 v 0
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 OFFICE OF THE PUBLIC
DEFENDER FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA FOR CRIMINAL DEFENSE OF PERSONS ARRESTED FOR
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 defending persons arrested for 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 Office of the Public Defender of the 11 th
Judicial Circuit, to reimburse their Agency for the defense costs 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 defend these cases is $50 per hour, the Office of the Public Defender
has indicated that they typically handle, on average, three (3) cases per hour, or
approximately $17 per defendant. At a rate of $17 per arrest, 50 arrests on average a month
the Office of the Public Defender defends for the City of Miami Beach, the monthly cost is
projected to be $850. Funds to pay for this service will come from budget code
011.1110.000312.
The adoption of this Resolution authorizing this Agreement with the Office of the Public
Defender will ensure the continued lawful defense of persons arrested for these violations.
JMG/CN/MG
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