Loading...
Res. No. 002-05-11981RESOLUTION NO.02-05-11981 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PROSECUTION OF MUNICIPAL VIOLATIONS;APPROVING THE ENTRY INTO AN AGREEMENT BETWEEN THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA AND THE CITY;AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY'S PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,inordertomaintainandimprovethehealth,safetyandwelfare of thiscommunity,it is necessary to adequately enforce and prosecute violations ofthecity's municipal code;and, WHEREAS,section27.02,FloridaStatutes,authorizestheStateAttorneytoprosecutemunicipal ordinance violations punishable by incarceration if ancillary to state prosecution or,ifnot ancillary to state prosecution,when the State Attorney contracts with theCityfor reimbursement:and. WHEREAS,lastyear,the Florida Legislature implemented an amendment to Article Vofthe State Constitution,underchapter 2004-265,Laws of Florida,whichprohibitsthestate from prosecuting violations of municipal ordinances unless that prosecution is ancillary tostate prosecution orthestate attorney has contracted with the municipality for reimbursement for services;and, WHEREAS,pursuant tothis change in Florida law,theCityseekstoenterintoan agreement with theStateAttorneyfortheprosecution of violationsofmunicipalordinances;and. WHEREAS,theattachedAgreementislegallysufficientinformand content. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT; Section 1.TheCityManagerisauthorizedtoexecuteandtodelivertotheStateAttorneythe attached Agreement between theCityandthe State of Florida,Office ofState Attorney forthe Eleventh JudicialCircuit of Florida,whichagreementistoreimbursethestateforthecosts of stateattorney prosecution of certaincriminalviolationsofthecity'smunicipalcode. Section 2.This resolution shalltakeeffect immediately upon approval. PASSED and ADOPTED this 4th day of January,2005. ATTEST: CITY CLERK / READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ^6JLM~^ mYyor/r COMMISSION VOTE:3-2 Mayor Russell:Yea Vice Mayor Palmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Nay Commissioner Sherar:Nay A 1 ***. •*uj*t(^J-iW-. "''fytbji u 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:Honorable Mayor,Vice Mayor and City Commission Date:January 4,2005 From:Maria V.Davis City Manager Subject:Agenda Item #_ Comm.Mtg.01/04/05 Authorization to enter into an agreement with the SAO for municipal ordinance violations South Miami AD-flmericaCity 2001 RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PROSECUTION OF MUNICIPAL VIOLATIONS;APPROVING THE ENTRY INTO AN AGREEMENT BETWEEN THE STATE OF FLORIDA,OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA AND THE CITY;AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY'S PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE; PROVIDING FOR AN EFFECTIVE DATE. BA CKGROUND AND ANAL YSIS: A recent amendment to Florida law requires that an agreement bein place between the State Attorney's office (S.A.O.)anda municipality wherein the municipality agrees to reimburse the S.A.O.forthe prosecution of localordinanceviolationsthatarenot accompanied byastate charge.AfterJanuary1,2005,theS.A.O.willnotprosecutesuchcases without the agreement, which callsfor reimbursement atarate of $50.00perhour.Itis estimated that one hour will cover the prosecution of oneto three cases. Althougharrestsforsuchlocal ordinance violationswhichdonothavea corresponding or ancillarystatestatuteonly amount toafewperyear,theremustbea mechanism inplaceto prosecute thecases.The proposed Resolution authorizes theCityto enter intothe agreement. Sincethis agreement wouldexpireandisrenewableonSeptember30,2005,the adequacy willbe reviewedoverthenextninemonthstodeterminewhetheritisacceptabletorenew.Upon approval,thePoliceDepartmentwillbepromulgatingapolicytoensurethatapplicablecasesare kepttoa minimum. RECOMMENDATION: We recommend your approval Section 4.Section 27.01,Florida Statutes,as amended by Chapter 2003-402,Laws of Florida,is amended to read: 27.02 Duties before court.-(l)The state attorney shall appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits,applications,or motions,civil or criminal,in which the state is a party,except as provided in chapters 39,984,and 985.The intake' procedures ofchapters 39,984,and 985 shall apply as provided therein.The state attorney shall net appear in the circuit and county courts within his or her judicial circuit for the purpose of prosecuting violations of special laws and,unless expressly authorized,orviolations ofcounty or municipal ordinances punishable by incarceration ifthe prosecution is ancillary to a state prosecution or ifthe state attorney has contracted with the county or municipality for reimbursement for services rendered in accordance with s.27.34(1 \ unless ancillary to a state prosecution and authorized by the prosecuting attorney ofthe county. (2)The state attorney,when complying with the discovery obligation shall provide to the defendant all discover)'materials required pursuant to the applicable rule of procedure*and may charge the defendant fees as provided for in s.119.07(l)(a),not to exceed 15 cents per page for a copy ofa noncertified copy of a public record.However,these fees may be deferred ifthe defendant has been determined to be indigent as provided ins.,27.52. Section 5.Section 27.34,Florida Statutes,as amended by Chapter 2003-402,Laws of Florida,is amended to read: 27.34 Limitations on payment of salaries and other related costs of state attorneys'offices other than by the state.-- (1)Acounty or municipality may net contract with,or appropriate or contribute funds to the operation of, the various state attorneys as provided in this subsection for the prosecution of violations of special laws,' unless expressly authorized,or ordinances ofthe count)'or municipality,unless ancillary to a stato prosecution.A state attorney prosecuting violations of special laws or county or municipal ordinances punishable by incarceration andnot ancillary toa state charge shall contract with counties and municipalities to recover the full costof services rendered onan hourly basis or reimburse the state forthe full cost of assigning oneor more full-time equivalent attorney positions to work onbehalfofthe county or municipality.Notwithstanding anv other provision oflaw,in the case ofa county with a population ofless than 75,000.the state attorney shall contract for full reimbursement,or for reimbursement as the parties otherwise agree. (a)A contract for reimbursement on an hourly basis shall require counties and municipalities to reimburse the state attorney for services rendered ata rate of $50 per hour.If an hourly rate is specified inthe General Appropriations Act that rate shall control. (b)A contract for assigning oneor more full-time equivalent attorney positions to perform work onbehalf of a county or municipality shall assign one or more full-time equivalent positions based on estimates by the state attorney of the number of hours required to handle the projected workload.The full cost of each full-time equivalent attorney position on an annual basis shall be $50.or the amount specified in the General Appropriations Act,multiplied bv the legislative budget request standard for available work hours for one full-time equivalent attorney position,or.in the absence of that standard.1.854 hours.The contract mayprovidefor funding full-timeequivalent positions inone-quarter increments. £c)Persons employed by the county or municipality may be provided to the state attorney to serve as special investigators pursuant tothe provisions ofs.27.251.Anv payments received pursuant to this subsection shall be deposited into the Grants and Donations Trust Fund within the Justice Administrative Commission for appropriation bv the Legislature. (2)AIt is hereby prohibited for any state attorney or assistant state attorney mav not te receive from any county or municipality any supplemental salary,except as provided in this section. (3)Notwithstanding s.27.25,the Chief Financial Officer may contract with the state attorney of any judicial ofthe state for the prosecution ofcriminal violations ofthe Workers'Compensation Law and related crimes ifthe Chief Financial Officer contributes funds for such purposes.Such contracts may provide for the training,salary,and expenses ofone or more assistant state attorneys used in the prosecution of sueh crimes.If theChiefFinancial Officer contributes funds tothestate attorney to prosecute these violations and the accused person is indigent and represented bvthe public defender,the Chief Financial Officer shall also contract with the public defender to provide representation to the person accused ofthese crimes.The contract mav provide for the training,salary,and expenses ofone or more assistantpublicdefendersusedinthedefense of thesecrimes. (4)Unless expressly authorized bv law or in the General Appropriations Act,state attorneys are prohibited from spending state-appropriated funds on county funding obligations under s.14.Art.Vofthe State Constitution beginning January 1.2005.This includes expenditures on communications services and facilities as defined ins.29.008.This does not prohibit a state attorney from spending funds for these purposes in exceptional circumstances when necessary to maintain operational continuity inthe form nf a short-term advance pending reimbursement bvthe county.If astate attorney provides short-term advance funding for a county responsibility as authorized bv this subsection,the state attorney shall request fiill reimbursement from the board of county commissioners prior to making the expenditure or at the nevt meeting ofthe board of county commissioners after the expenditure is made.The total ofall short-term advances authorized by this subsection shall not exceed 2 percent ofstate attorney's approved operating budget in any given year.No short-term advances authorized bv this subsection shall be permitted until all reimbursements arising from advance funding in the prior state fiscal year have been received bv the state attorney.All reimbursement payments received bvthe state attorney pursuant to this subsection shall be deposited into the General Revenue Fund.Notwithstanding the provisions of this subsection,the state attorney mav expend funds forthe purchase of computer systems,including associated hardware and software,and for personnel related to this function. AGREEMENT BETWEEN AND THE STATE OF FLORIDA,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 OFTHE CODE This agreement is entered into this day of'2004,by and between ,a political subdivision oftheStateof Florida (hereinafter referred toasthe "City")andtheOfficeoftheState Attorney forthe Eleventh Judicial CircuitofFlorida (hereinafter referred toas"State Attorney"). WHEREAS,the City finds that in order to maintain and improve the health, safety,and welfare of this community,itis necessary to adequately enforce and prosecute violations of theCity's Municipal Code;and WHEREAS,Section 27.02,Florida Statutes,authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or,if not ancillary to state prosecution,when the State Attorney contracts withtheCityforreimbursement. NOW,THEREFORE,the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02,and 27.34,Florida Statutes.The City agrees to remit, subject to the terms outlined in Article III of this agreement,to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations ofthe Municipal Code for the period of July 1,2004,through September 30,2005.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 this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violationsnotpunishableby incarceration. ARTICLE II Terms This agreement shall expire on September 30,2005,unless terminated earlier pursuant to Article VII of this agreement.Under no circumstances shall the City be liable to continue or extend this agreement beyond this date.This agreement may only be amended in writing,through a document executed by duly authorized representatives of the signatories tothis agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate ofFifty dollars ($50)per hour.On a quarterly basis,the State Attorney shall provide the City with an invoice including,but not limited to,the hours of services rendered,number of cases prosecuted as set forth in this agreement,and the total amount due for payment for the previous month.The City shall remit each payment within ten (10)days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement.The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in thisagreement. ARTICLE V Reporting Allrequiredreportsshallbesubmittedtothe ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City.The respective parties agree,subject to the provisions of Chapter 768.28 (17),Florida Statutes,that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90)days notice. ARTICLE VIII Service Charges This agreement is contingent upon all City funding provided,and any interest earned thereon,not being subject to any State service charges or administrative assessments. ARTICLE IX Non-Discrimination The State Attorney agrees to abide and be governed by Title IIof the Americans with Disabilities Act of 1990,Title VI and VII,Civil Rights Act of 1964 (42 USC 200d, e)and Title Viii ofthe Civil Rights Act of 1968,as amended,which provides in part that there will not be discrimination of race,color,sex,religious background,ancestry,or - national origin in performance ofthis contract,in regard to persons served,or in regard to employees or applicants for employment and itis expressly understood that upon receipt of evidence of discrimination,the City shall have the right to terminate said agreement. IN WITNESS THEREOF,the parties have caused this agreement tobe executed bytheir respective and duly authorized officers thedayandyearfirst above written. ATTEST: NAME By: POSITION ATTEST By: City Commission By: State Attorney's Office Eleventh Judicial Circuit By: T.F.Mannelli Executive Director