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Ordinance
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Miami, FL 33133
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File Number: 07-00154 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/
ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "POLICE/IN GENERAL," MORE PARTICULARLY BY
AMENDING SECTION 42-8 OF SAID CITY CODE TO INCREASE THE
ADMINISTRATIVE FEE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 42/Article I of the Code of the City of Miami, Florida, as amended, is amended
in the following particulars :{ 1}
"Chapter 42
POLICE
Article 1. In General
*
*
Sec. 42-8. Special departmental services; fees.
(a) Evaluation of requests. The chief of police or his designee shall cause the requests for off -duty
police officers to provide services to persons or businesses requesting the same to be evaluated on
the basis of the reasonableness thereof, including in such evaluation the factors of existing laws,
ordinances, rules and regulations, personnel scheduling availability, risk of harm to personnel, and
police department efficiency.
(b) Administrative fee. As a fee payable to the city to offset the administering of the herein off -duty
police services program, the chief of police shall cause to be collected and shall establish procedures
for the collection by the city of a fee of $310 4.00 per hour, perms officer, per -location. Said fee will
require a three-hour $P,00 12.00 minimum perm n officer, per -location.
(1) Notwithstanding the above, assignments for residential off -duty patrol will be subject to a $10.00
administrative fee.
Multiple police officers, days or locations shall be assessed on a per -a; officer, per -job, per -hour
basis for contractual employment of off -duty police officers by private persons or firms. (Each shall be
subject to the three-hour minimum). This fee shall be in addition to any special assessments which
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File Number: 07-00154
may be required and shall also be in addition to the hourly compensation rate payable to the individual
sworn police officer. Monies received hereunder by the city shall be placed in the general fund except
that $5.00 of each administrative fee collected shall be placed in the city self-insurance and insurance
trust fund.
(c) Liability for claims. The city expressly recognizes its ongoing responsibility to provide self-insurance
coverage, subject to the maximum amounts provided in F.S. § 768.28, for tort liability and workers'
compensation claims arising out of and in the course and scope of assigned off -duty police officers
performing law enforcement duties during the period of such assignment. Nothing contained herein
shall be deemed to limit the tort liability or subrogation of parties for or on behalf of whom off -duty
police services are rendered, or upon whose property these services are performed. Further, nothing
contained herein shall be deemed a waiver of any defense or denial of coverage permitted by law.
Liability for all civil actions and judgments (excluding individual punitive damages) arising out of claims
resulting from the performance of duties unrelated to law enforcement during the period of said
assigned off -duty police services shall be borne by the party requesting such off -duty police services.
The party for or on behalf of whom such duties unrelated to law enforcement have been rendered shall
hold the city, its officers, agents and employees, harmless for any and all claims, demands, actions,
causes of action, suits, damages, loss and expenses, judgments, and attorney's fees and costs
expended in defense of same.
(d) Compensation of officers limited. Parties receiving off -duty police services shall not offer, nor shall
off -duty police officers accept, any compensation for such off -duty police services or other services
above than specified by the chief of police.
*
Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JCFWE L. FERNANDEZ
- ftY ATTORNEY
Footnotes:
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{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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