HomeMy Public PortalAbout2011 Revision 7 to Article V of the Florida Constitution.tifSTATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E R GRAHAM BUILDING
1350 N W 12TH AVENUE
MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100
STATE ATTORNEY
October 12, 2011
Mr. John C. Gilbert
Interim Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne FL 33149
Dear Mr. Gilbert:
Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution
provides that the State Attorney may prosecute municipal ordinances only if (1) the ordinance violation is
ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or (2) the county/municipality has entered
into a contract with the State Attorney for these prosecutions (s. 27.34(1), Florida Statutes).
Enclosed please find the proposed agreement for the prosecution of ordinance violations for the
period of October 1, 2011 — September 30, 2012. Please sign three originals and return to this office as
soon as possible. If you desire to make changes to the contract and want an electronic version of this
document, please contact me at donlhorn@miamisao.com and I will forward you a copy. This contract is
for the prosecution of ordinances only; the State Attorney's Office has no statutory authority to handle
appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State
Attorney prosecute municipal ordinance violations in accordance with sections 4 &5 of Chapter 2004-
265, Laws of Florida, you are requested to send a letter to that effect to the above address as soon as
possible.
You will be billed at the statutorily prescribed rate of $50 per hour. Our estimate is that, on
average, it takes approximately 20 minutes per case; therefore, you will be charged at the rate of $16.67
per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law, there
are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the
Court.
If you have any questions about the contract or if I can provide any other information, please do
not hesitate to contact me at 305-547-0562 or at donlhorn@,miamisao.com.
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
B �� By:
`Don L. Horn
Chief Assistant State Attorney for Administration
DLH/cj
Enclosures
AGREEMENT BETWEEN VILLAGE OF KEY BISCAYNE 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
CODE
This agreement is entered into this
day of , 2011, by and
between Village of Key Biscayne, a political subdivision of the State of Florida (hereinafter
referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of
Florida (hereinafter referred to as "State Attorney").
WHEREAS, the 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
City'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 with the City for
reimbursement.
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 of the Municipal Code for the period of
October 1, 2011, through September 30, 2012. 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 violations not punishable by incarceration. This agreement specifically
does not authorize the State to handle appeals of municipal ordinances on constitutional grounds,
which shall remain the responsibility of the municipality that passed the ordinance.
ARTICLE II
Terms
This agreement shall expire on September 30, 2012, 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 to this
agreement.
ARTICLE III
Payment Schedule
The City agrees to reimburse the State Attorney on an hourly basis for services rendered
at a rate of Fifty 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 this agreement.
ARTICLE V
Reporting
All required reports shall be submitted to the
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 II of the Americans with
Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title
Viii of the 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 of this contract, in regard to persons served, or in regard to employees or applicants
for employment and it is 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 to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
NAME
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POSITION
ATTEST
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City Commission
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State Attorney's Office
Eleventh Judicial Circuit
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Don L. H
Chief Assistant State Attorney
for Administration