HomeMy WebLinkAboutR-04-0731City of Miami
Legislation
Resolution: R-04-0731
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01124 Final Action Date: 11/18/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR
THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA.
WHEREAS, the Florida Legislature recently passed legislation intended to implement the
amendment to Article V of the Florida Constitution; and
WHEREAS, Chapter 2004-265, Laws of Florida, prohibits the state from prosecuting violations
of county or municipal ordinances unless that prosecution is ancillary to a state prosecution or the
state attorney has contracted with the county or municipality for reimbursement for services; and
WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare
of this community, it is necessary to adequately enforce and prosecute violations of the Code of
the City of Miami, Florida; and
WHEREAS, Section 27.02, Florida Statutes, authorizes 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;
and
WHEREAS, the City of Miami and the State of Florida, Office of the State Attorney for the
Eleventh Judicial Circuit of Florida, have entered into an agreement where the State Attorney
agrees to prosecute municipal ordinance violations as authorized in Sections 27.02 and 27.34,
Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this
agreement, to the State Attorney the required funds to reimburse for costs associated with the
prosecution of violations of the Code of the City of Miami, Florida, for the period of July 1, 2004
through September 30, 2005. The State Attorney shall provide such clerical and professional
personnel as may be required for the performance of any of the functions of the State Attorney as
set forth in this agreement. This agreement does not commit the City to pay for the prosecution of
municipal code violations ancillary to state prosecution or for the prosecution of municipal
ordinance violations not punishable by incarceration.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in this Preamble to this Resolution are adopted
City of Miami
Page 1 of 2 File Id: 04-01124 (Version: 1) Printed On: 10/14/2016
File Number: 04-01124 Enactment Number: R-04-0731
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, between the City of Miami and the State of Florida, Office of the State Attorney for
the Eleventh Judicial Circuit of Florida, to reimburse the State of Florida for the cost of State
Attorney prosecution of certain criminal violations of the Code of the City of Miami, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} Their authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including, but not limited to, those prescribed by applicable City Charter and
Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-01124 (Version: 1) Printed On: 10/14/2016