HomeMy WebLinkAboutR-14-0200City of Miami
Legislation
Resolution: R-14-0200
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00443 Final Action Date: 5/22/2014
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 PUBLIC DEFENDER, FOR
THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE
FOR THE COST OF DEFENDING CERTAIN CRIMINAL VIOLATIONS OF THE
CODE OF THE CITY OF MIAMI, FLORIDA.
WHEREAS, the Florida Legislature passed legislation intended to implement Article V of the
Florida Constitution; and
WHEREAS, Chapter 2004-265, Laws of Florida, prohibits the Public Defender from defending
persons accused of violations of county or municipal ordinances unless that prosecution is ancillary to
a state prosecution or the Public Defender has contracted with the county or municipality for
reimbursement for services; and
WHEREAS, the City of Miami ("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, as amended ("City Code"), and consequently provide the
accused violator with adequate representation by an attorney if they are determined unable to pay;
and
WHEREAS, the United States Supreme Court in GIDEON v. WAINWRIGHT, 372 U.S. 335, 83 S.
Ct. 792, 9 L. Ed. 2d 799 (1963), held that all states must provide counsel to indigent defendants who
face serious criminal charges; and
WHEREAS, Section 27.51, Florida Statutes, authorizes the Public Defender to defend persons
accused of violating municipal ordinance violations punishable by incarceration if ancillary to state
prosecution or, if not ancillary to state prosecution, when the Public Defender contracts with the City
for reimbursement; and
WHEREAS, the City and the State of Florida, Office of the Public Defender for the Eleventh
Judicial Circuit of Florida, desire to enter into the attached agreement wherein the Public Defender
agrees to defend persons accused of violating municipal ordinance violations as authorized in
Sections 27.51 and 27.54, Florida Statutes; and
WHEREAS, the attached agreement does not commit the City to pay for the defense of municipal
code violations ancillary to state prosecution or for the defense of municipal ordinance violations not
punishable by incarceration;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 14-00443 (Version: 11 Printed On: 1/3/2018
File Number: 14-00443 Enactment Number: R-14-0200
Section 1. The recitals and findings contained in this 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 of Florida, Office of the Public Defender for the
Eleventh Judicial Circuit of Florida, to reimburse the State of Florida for the cost of defending certain
criminal violations of the Code of the City of Miami, Florida pursuant to Sections 27.51 and 27.54,
Florida Statutes.
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: 14-00443 (Version: 11 Printed On: 1/3/2018