2007-26720 ResoRESOLUTION NO. 2007-26720
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
OFFICE OF THE PUBLIC DEFENDER FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA FOR CRIMINAL DEFENSE OF LOCAL CODE AND
ORDINANCE VIOLATIONS
WHEREAS, 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 defending persons arrested for local code and
ordinance violations when such prosecutions are not ancillary to a state charge; and,
WHEREAS, §§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 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 Office of the Public Defender for costs associated with the defense of persons arrested for
certain criminal violations of the City of Miami Beach Codes and Ordinances.
Bower
ATTEST: APPROVED AS TO
FORM & L UAGE
f OR E TION:
CITY CLERK Robert Parcher ~' ~, ~~ ~ C
F:IPOGIIADMII$OPRIGRUENOSIreso approving2006~07PD0 contract.doc {
~v A rnev _ I~, Date
PASSED and ADOPTED this 12thday of December , 20 7
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MAYOR Matti H.
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 Office of the Public Defender for the 11th 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.
Supporting Data (Surveys, Environmental Scan, etc.): Saftey was ranked number one by residents
s one of the factors 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 the residents rated the quality of services
rovided by the Miami Beach Police Department as excellent or good.
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 Miami-Dade County for criminal
defense of persons arrested for local code and ordinance violations?
Item Summa /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 defense, 50 cases per month, it is projected
the annual reimbursement costs to the Office of the Public Defender will be $10,200 per year. The
MBPD is requesting this amount for fiscal budget year 2007/2008.
The Administration recommends approving the resolution.
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 ~ City Manager
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Co fission
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 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.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
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 11th
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 for the Office of the Public
Defender to defend, the annual cost is projected to be $10,200.00. The MBPD is requesting
this amount for fiscal budget year 2007/2008.
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
T:\,4GENDA\2007\dec1207\Regular\CommissionMemorandumPublicDefender0708Reimbursement.doc