HomeMy WebLinkAboutCover Memo SR/FRCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Honorable Mayor d Member . the City Commission
FROM: Jorge L. Femantorney Lij
DATE: December 20, 2006
RE:
Proposed Ordinance for the January 11, 2007, Commission Meeting
Repealing Section 37-1 of the Code of the City of Miami, Florida (File No. 06-02277)
The attached proposed Ordinance seeks to repeal Section 37-1 of the City Code.
Due to the decision of the United States Court of Appeals, Eleventh Circuit, in
Cooper v. Dillon, 403 F.3d 1208 (11`h Cir. 2005), a municipality can be held liable
for the enforcement of an unconstitutional state statute if it adopts the state statute as
its own. This is exactly what Section 37-1 does.
Section 37-1 was enacted for the purpose of revenue generation by converting state
offenses into municipal violations, thus entitling the City to collect any monetary
fines or penalties. However, since the recent amendment of Article V of the Florida
Constitution, changing the funding source for the court system, which was
implemented by Chapter 2004-265, Laws of Florida (2004), the City is charged $10
for the filing of each municipal violation, and $50 per hour for the State Attorney's
Office to prosecute the offense. Consequently, as of late 2004, Miami police officers
no longer write Section. 37-1 on their arrest affidavits, and file under the state statute
only.
W1332:MGC
Attachment
c: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator