Res. No. 161-05-12140RESOLUTION NO.161-05-12140
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
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF
THE CITY'S CODE FROM ACCOUNT #01-1910-521-3450
WHICH HAS A CURRENT BALANCE OF $26,142;PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,thecityfindsthatinordertomaintainandimprovethehealth,
safetyand welfare of thiscommunity,itisnecessaryto adequately enforce and
prosecute violations of the city's municipalcode;and,
WHEREAS,section 27.02,Florida Statutes,authorizes the State Attorney to
prosecutemunicipalordinanceviolationspunishablebyincarceration if
ancillary tostate prosecution or,if notancillarytostate prosecution,whenthe
State Attorney contracts with the City for reimbursement.
WHEREAS,two year's agothe Florida Legislature implemented an
amendment to Article V of the State Constitution,under chapter 2004-265,
Laws of Florida,which prohibits the state from prosecuting violations of
municipal ordinances,unless that prosecution is ancillary to state prosecution
orthe state attorney has contracted withthe municipality for reimbursement for
services;and
WHEREAS,pursuant tothis change in Florida law,annually,the State
Attorney seeks the execution of an interlocal agreement with each
municipality;and
WHEREAS,the City seeks to enter intoan agreement with the State Attorney
forthe prosecution of violations of municipal ordinances;and
Additionsshownbyunderlininganddeletionsshownbyoverstriking.
Res.No.161-05-12140
WHEREAS,the attached Agreement is legally sufficient in form and content.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.ThemayorisauthorizedtoexecuteandtodelivertotheState
Attorney the attached Agreement for fiscal year 2005-2006 between thecityand
theState of Florida,Office of StateAttorneyfortheEleventhJudicialCircuit of
Florida,which agreement isto reimburse thestateforthecostofstateattorney
prosecution of certain criminal violations ofthecity's municipal code.
Section 2.This resolution shalltake effect immediately upon approval.
PASSED and ADOPTED this M day of December,2005.
ATTEST:
d^Vi
CLERK
READ AND APPROVED AS TO FORM:
Page 2 of2
APPROVED:
COMMISSION VOTE:3-1
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Nay
Commissioner Wiscombe:absent
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
B9uESX9
AH-AmerfcaCfty
2001
To:Mayor Mary Scott Russell,
Vice Mayor Velma Palmer
And Members of the Citv Commission
From:Maria V.Davis
City Manager
Date:December 20,2005
Agenda Item #_
Re:Contract with SAO To Handle
Prosecution of Local Ordinance
Violations
a
RESOLUTION
A RESOLUTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO PROSECUTION OF MUNICIPAL
ORDINANCE 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 PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF
THE CITY'S CODE FROM ACCOUNT #01-1910-521-3450 WHICH HAS A CURRENT
BALANCE OF $26,142;PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
BACKGROUND AND ANALYSIS
During fiscal year 2004/05,the City was advised of a new state law that requires the City to
contract with the State Attorney's Office (SA.O.)in order for the SA.O.to continue handling
the prosecution of local ordinance violations.Underthe contract,theCity must reimburse the
SA.O.for these prosecutions atarate of $50.00perhour.TheS.A.O.calculates the
reimbursement charges based onfractions of an hour asseveral cases can be handled within an
hour's time.After careful consideration byCity staff and review by the City Attorney's office,
theCity Commission passed a Resolution onJanuary 4,2005,authorizing thecontract.Since the
contractwasfora1-yearterm,itisnowupforrenewal.
Forthefour(4)latestbillingquarters,theCityhaspaidatotal of $699.72,oran average of
$174.93perquarter.
Sofar,wehavefoundthis arrangement tobe substantially less costly than having these cases
prosecuted by our own attorneys.
ThePolice Department has budgeted $2,000fromits contractual services account #01-1910-521-
3450forthis expenditure.The current account balance is $26,142.
This Resolution authorizes theCity Manager to execute the renewal ofthe contract.
RECOMMENDATION
Approval ofthe Resolution is recommended.
Page 2 of2
gjg 'fejsr %xsb a --
DEC 01 2005
CITY MANAGER'S OFFICE
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R.GRAHAMBUILDING
1350N.W.12THAVENUE
MIAMLFLORIDA 33136-2111 TELEPHONE(305)547-0100
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
November 16,2005
Ms.Maria Davis
City Manager
Cityof South Miami
6130 Sunset Drive
South Miami,FL33143
Dear Ms.Davis:
Ledslation passed in 2004 to implement Revision 7 to Article Vof the Florida Constitution«™aJ*S?T,a^Anrov may prosecute municipal ordinances only if (1)the ordinance violation rs^RJC^SSWWX Florida Lutes),or (2)the ^g-g^jSmSintoacontractwiththeStateAttorneyfortheseprosecutions(s.27.34(1),Flonda Statutes).Additionally,£unti"cKt£are requiredTo pay for the defense of ^f^.^t^nTo^SZorimance(s.27 54(2),Florida Statutes)and are required to pay a$10 filing fee to the Clerk of the Court
for each ordinance violation prosecuted (s.34.045(l)(a),Flonda Statutes).
Attached please find a proposed agreement for the prosecution of ordinance violations for the•a frZZZZ \i MMM S^tanber 30 2006.Please sign and return to this office as soon as possible.^S^iSUSS?£2f--want 2electronic version ^«—**£contact me at ^™nn«ll,van,iamisao.com and I will forward you a copy.This contract s for theteutonofordinancesonly!the State Attorney's office has no statutory authonty to handle appeals
relating to the constitutionality of ordinances.
The State Attorney's office will need either a signed agreement to prosecute^ordinances or a.esponse^mytustX'that you do not want us to pros^ite any ««*^/jEh££latter we would further need to be advised as to what procedures you intend to follow if an ««*««*>£
records so mat you will not be obligated to pay.
An ordinance with acorresponding state statute may be filed as ^**£*™£!£?£municipal ordinance violation.Whether astate statute or ordinance »*?**"*£^J^!officer indicates on the arrest form Please be aware that the enabling code ^^L^f ™£reference and converts the prosecution to an ordinance violataon.If an officer lists tne
SS^T*?*^f COde °"ae arrest form'tt ^be ffled as »ordinance violation thustnggenngthechargesprovidedforinthestatute.Some entities have directed their officer to ffl^werythmg with acorresponding state statute as astate statute violation.If that is the pXySoVoV me
S^SE^'"%?T tm b6 direCted to ***»—statute «*»*»o/thfar^t fota^fd r^f *enablmg -?dA *m"^fa Charged t0 a•*»•****•county/municipaUty ZaTlZfJ^T*T"f°I ^^h0Wever'"V *»**«^ed will accrue to the state
SE^SiSS""**•"*Wtatar ^*•cost b-fcu is adedsion *«-*
A<t~h ^r"b6 "^^fr°m *•Clerk of *"Court,s ^t815386 ••°™billing document (seetaSK^S?aDfi?am?le)-TheSe**represent0ldmance™moos{orwbioh«»county/municipalityre^ihW.!8.ff Pursuant to s-27-340.Flo^Statutes.Please note that this is amonthlyreport,which will be provided to you on a quarterly basis.
™~y^Wfll ^b?Ued ,at **statutoray Prescribed rate of $50 per hour.Our estimate is that onaverage,it takes approximately 20 minutes per case;therefore,you will be charged at the rate of$16 67 ner
mine ITZ f340**^ff ^^me ^^lature to ^dflr adi££££?£mthe General Appropriations Act.If the Legislature specifies adifferent rate for the 2006-2007 state fiscalyear,the contract will be amended accordingly.Please note that this is the charge for ordinance prosecution
fiw *rr°*^^?"?"•Separate Charges for "S"1 defense from the Public Defender andfilingfeesfromtheClerkoftheCourt.
cnrmnH Jr^^°eSS ^1"^dePendent «"**from the arresting officer and the bookingcorrectionalofficer,it is possible that some errors might be made on the invoice.You are requested^
™Zh~T1?^]™»**»*;,Wease note items that you dispute,deduct their cost,and remit theremamder.The items under dispute will be reviewed by our staff and re-invoiced in the following quarter if
If you rave any questions about the procedures discussed above,or the contract,or ifI can provide
any other•information,please do not hesitate to contact me at 305-547-0562 or at
terimannffHitamiamigsin ram
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
TFM/cj
Enclosures
By:Theodore F.Mannelli
Executive Director
AGREEMENT BETWEEN THE CITY OF south mtamt
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 OF THE CITY
CODE
2006
This agreement is entered intothisdayof ,_2005,byand between
City of South
Miami apoliticalsubdivision oftheState of Florida(hereinafterreferredtoasthe
"City")andtheOffice of theStateAttorneyfortheEleventhJudicialCircuit of Florida
(hereinafterreferredtoas"StateAttorney").
WHEREAS,theCityfindsthatinordertomaintainandimprovethe health,
safety,andwelfare ofthis cornmunity,itisnecessarytoadequatelyenforceandprosecute
violations ofthe City's MunicipalCode;and
WHEREAS,Section27,02,FloridaStatutes,authorizestheState Attorney to
prosecute municipal ordinanceviolations punishable by incarceration if ancillary tostate
prosecutionor,if notancillarytostateprosecution,whentheState Attorney contracts
withthe City forreimbursement.
NOW,THEREFORE,thepartiesheretoagreeasfollows:
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 of the
Municipal Code forthe period of October 1,2005,through September 30,2006.The
State Attorney shall provide such clerical and professional personnel as may be required
for the performance of any ofthe functions ofthe State Attorney asset forth in this
agreement.This agreement does not commit theCitytopay for the prosecution of
Municipal Code violations ancillary to state prosecution or for the prosecution of
municipal ordinance violations not punishable by incarceration.This agreement
specifically doesnot authorize the State to handle appeals of municipal ordinances on
constitutional grounds,which shall remain the responsibility ofthe municipality that
passed the ordinance.
ARTICLE n
Terms
This agreement shallexpireon September 30,2006,unlessterminatedearlier
pursuanttoArticleVIIofthis agreement.Underno circumstances shalltheCitybeliable
to continue or extend this agreement beyond this date.This agreement mayonlybe
amended in writing,through a document executed byduly authorized representatives of
the signatories tothisagreement.
ARTICLE HI
Payment Schedule
TheCity agrees to reimburse the State Attorney onanhourly basis for services
rendered ata rate of Fifty dollars ($50)per hour.Ona quarterly basis,the State Attomey
shall providetheCitywithan invoice including,butnotlimitedto,the hours of services
rendered,number of cases prosecuted asset forth inthis agreement,andthetotal amount
due for payment for the previous month.TheCity shall remiteachpaymentwithinten
(10)daysafterreceivingsaidinvoicefromtheStateAttorney.
ARTICLE IV
Responsibilities
The City doesnotdelegateany of itsresponsibilitiesorpowerstotheState
Attorney otherthanthoseenumeratedinthisagreementTheState Attorney doesnot
delegateany of itsresponsibilitiesorpowerstotheCityotherthan those enumeratedin
this agreement.
ARTICLE V
Reporting
All required reports shall be submitted to the ia
ARTICLE VI
Indemnification
Itis expressly understood andintendedthattheState Attorney is only arecipient
of thereimbursementspaid by theCityandisnotanagent of theCity.The respective
partiesagree,subjecttotheprovisions of Chapter768.28(17),FloridaStatutes,that they
will holdeachother harmless fromanyclaimsarisingfromthisagreement.
ARTICLE VH
Termination
Eitherparty may terminatethisagreementatany time with or without cause by
furnishing written notice totheotherparty with nolessthan ninety (90)daysnotice.
ARTICLE VIH
Service Charges
This agreementis contingent uponall City funding provided,andanyinterest
earned thereon,not being subjecttoanyStateservicechargesor administrative
assessments.
ARTICLE DC
Non-Discrimination
TheState Attorney agreestoabideandbegoverned by TitleII of theAmericans
with Disabilities Act of 1990,Title VI andVH,Civil Rights Act of 1964(42 USC 200d,
e)andTitleViii oftheCivilRights Act of 1968,as amended,whichprovidesinpartthat
there will not be ^crimination of race,color,sex,religious background,ancestry,or
nationalorigininperformance ofthis contract,in regard topersonsserved,orinregardto
employees or applicants for employment and itis expressly understood that upon receipt
of evidence ofdiscrimination,theCity shall have the right to terminate said agreement.
INWITNESS THEREOF,the parties have caused this agreement tobe executed
by their respective andduly authorized officers theday and year first above written.
ATTEST:
NAME CityCommission
POSITION rfhl.J*,/'
ATTEST State Attorney'sOffice
Eleventh Judicial Circuit
By:((toJr/Jtfy~/}xcJ*r*By:jf*3^fo**i~JAj
T.F.Mannelli
Executive Director