2007-26719 ResoRESOLUTION NO. 2007-26719
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 A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY 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 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, Sections 27.02 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 and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached
Agreement for Reimbursement to the State for costs of State Attorney prosecution of certain
criminal violations of the 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
AT EST:
W~~
C TY CLERK
Robert Parcher
12th day of December , 2007 /l
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MAYOR
Matti _ ~-I~F.UVt~1 A~ TCi
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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 5u orted:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked No. 1 by residents as
ne of the changes that will make Miami Beach a better place; safety across the City was one of the
ost important areas affecting the quality of life; and 78% of residents rated the quality of services
rovided b Cit Police as excellent or ood.
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 Miami-Dade County for criminal
prosecution 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 2007/2008.
The Administration recommends approving the resolution.
Advisorv Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Manager Michael Gruen, Planning and Research Office
Si n-Offs:
Department Director Assistant City Manager nCity Manager
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 12, 2007
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 2007/2008.
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.
JMG/CN/RAM/MG
T:WGENDA\2007\dec1207\Regular\SAO Commission Memo.doc