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File ID: #1041
Ordinance
Second Reading
Sponsored by: Wifredo Gort, Commissioner
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 ASSOCIATED WITH THE
OFF-DUTY POLICE SERVICES PROGRAM; FURTHER DECLARING THE REVISED
ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND
CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE
ADOPTION OF THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 1041 (Revision: A) Printed On: 6/25/2018
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Legislation
Ordinance
Enactment Number: 13615
File Number: 1041 Final Action Date: 12/8/2016
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 ASSOCIATED WITH THE OFF-DUTY POLICE SERVICES
PROGRAM; FURTHER DECLARING THE REVISED ADMINISTRATIVE FEE TO BE
LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS
THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS
ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the administrative fee provided for in Section 42-8 of the Code of the City of
Miami, Florida, as amended, ("City Code"), is used to offset the administration of the off-duty
police services program; and
WHEREAS, the administrative fee has not been adjusted since 1996 while the costs to
provide such services have increased making it necessary to revise the fee for these services;
and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the City of Miami ("City") and its inhabitants to amend the
City Code to increase the administrative fee related to the provision of off-duty police services;
and
WHEREAS, the City Administration increased the administrative fee on June 1, 2016
from $3.00 to $4.00 and the City has accepted payments based on the revised fee schedule;
and
WHEREAS, the City Commission declares the administrative fee to be legal and hereby
ratifies, validates and confirms in all respects the administrative fees imposed prior to the
adoption of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 42/Article I of the City Code is amended in the following particulars:'
I 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.
City of Miami File ID: 1041 (Revision: A) Printed On: 6/25/2018
"CHAPTER 42
POLICE
Article I. 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 "4.00 per hour, perofficer, per
location. Said fee will require a three-hour U -9x12.00 minimum per maRofficer, per location.
Effective June 1, 2017, the administrative fee shall be increased to $4.50 per hour, per officer,
per location. Said fee will require a three (3) hour $13.50 minimum per 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 perofficer, 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 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.
City of Miami File ID: 1041 (Revision: A) Printed On: 6/25/2018
(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.
*11
Section 4. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Attor iey 11/312016
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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.
City of Miami File ID: 1041 (Revision: A) Printed On: 6/25/2018