HomeMy WebLinkAboutR-13-0446City of Miami
Legislation
Resolution: R-13-0446
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01329 Final Action Date: 11/21/2013
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 ("STATE"), 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, AS AMENDED.
WHEREAS, the City of Miami ("City") finds that in order to maintain and improve the health,
safety, and welfare of the community, it is necessary to adequately enforce and prosecute violations
of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, Section 27.02, Florida Statutes (2013) provides that the State Attorney shall
appear in the circuit and county courts within his or her judicial circuit for the purpose of prosecuting
violations of special laws and municipal ordinances punishable by incarceration if the prosecution is
ancillary to a State of Florida ("State") prosecution or if the State Attorney has contracted with the City
for reimbursement for services rendered in accordance with Section 27.34, Florida Statutes (2013);
and
WHEREAS, Section 27.34, Florida Statutes (2013) provides that the City may contract with, or
appropriate or contribute funds to the operation of the State Attorney's Office for prosecuting
violations of special laws or municipal ordinances punishable by incarceration and not ancillary to a
State charge; and
WHEREAS, the City and the State, Office of the State Attorney for the Eleventh Judicial Circuit of
Florida, desire to enter into the attached Agreement where the State Attorney will prosecute municipal
ordinance violations as authorized in Sections 27.02 and 27.34, Florida Statutes (2013); and
WHEREAS, the City agrees to remit, subject to the terms outlined in Article III of the Agreement,
attached and incorporated herein, to the State Attorney the required funds to reimburse for costs
associated with the prosecution of violations of the City Code, for the period commencing on October
1, 2013, through September 30, 2019; and
WHEREAS, 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 said
Agreement; and
WHEREAS, said Agreement does not require 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;
City of Miami
Page 1 of 2 File Id: 13-01329 (Version: 1) Printed On: 9/21/2017
File Number: 13-01329 Enactment Number: R-13-0446
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted 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 and the State, 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 City Code.
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: 13-01329 (Version: 1) Printed On: 9/21/2017