HomeMy Public PortalAbout09-7963 Criminal Violations Sponsored by: City Manager
RESOLUTION NO. 0 9-7 9 6 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
AGREEMENT WITH THE OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT
OF FLORIDA FOR PROSECUTION OF CERTAIN
CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA
CODE OF ORDINANCES AND PROVIDING FOR
REIMBURSEMENT OF COSTS TO THE STATE OF
FLORIDA, IN A CONTRACT FORM ACCEPTABLE TO
THE CITY ATTORNEY
WHEREAS, Section 27.02, Florida Statutes, authorizes the Office of the State Attorney
to prosecute municipal ordinance/violations; and
WHEREAS, pursuant to the agreement attached hereto, Office of the State Attorney will
prosecute violations of the City of Opa-locka ("City") Code of Ordinances, as authorized by
Sections 27.02(1) and 27.34(1), Florida Statutes; and
WHEREAS, the City will be required to remit to the State of Florida, certain costs
associated with the prosecution of criminal violations of the City of Opa-locka Code of
Ordinances; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to enter into and execute the agreement with the Office of the State Attorney for
prosecution of certain criminal violations of the City's Code of Ordinances.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Resolution No. 09-7963
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into and execute an agreement with the State Attorney for the Eleventh Judicial
Circuit of Florida, for prosecution of certain criminal violations of the City of Opa-locka Code of
Ordinances, in a contract form acceptable to the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12 day of NOVEMBER , 2009.
OSE 'H . LLEY
Y1 '
Attest: 1 Approved as to form and legal s ficiency:
)
Deborah S. by Burn'adette Norris-Weeks
City Clerk City Attorney
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Taylor: YES
Mayor Kelley: YES
Osp-�ock4
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Memorandum
TO: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holm-:
Commissioner Dorothy • on
Commissioner Rose 'r . rs
FROM: Bryan K. Finnie, Interi • 9l" Manager
DATE: November 3, 2009
RE: STATE OF G‘ I A, OFFICE OF THE STATE ATTORNEY,
11 T"JUDI V' L CIRCUIT OF FLORIDA
Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE
OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN
CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES AND PROVIDING FOR REIMBURSEMENT OF COSTS
TO THE STATE OF FLORIDA
Description: Legislation passed in 2004 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 Statues), or 2) the county municipality has entered into a
contract with the State Attorney for these prosecutions 9s.27.3491), Florida
Statues).
Financial Impact: Ordinance prosecution $16.67 per case. However, there may be separate
charges for indigent defense from the Public Defender and filing fees from
the Clerk of the Court. However, in the past three years the City has only
been charged for Ordinance prosecution. Account #19-519493
(General Government)
Implementation Time Line: Upon Execution of Agreement
1
Legislative History: Resolutions#07-7116 and#08-7385
Recommendation(s): Staff Recommends Approval
Analysis: From March 2007 through August 2009 the City has reimbursed the State of
Florida a total cost of$167.00 for the State Attorney Prosecution of certain cases.
(See attached vendor payment history report as of October 26, 2009 reflecting the
average case costing$16.70).
Attachments: 1) Resolutions#07-7116 and#08-7385
2)Contract Agreement for October 1, 2009—September 30,2010
3) State of Florida Vendor Payment History as of October 26, 2009
Prepared by: Kathy Phillips, Executive Secretary
End of Memorandum
2
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STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R.GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI,FLORIDA 33136-2111 ;�,
KATHERINE FERNANDEZ RUNDLE TELEPHONE5)547-0100
STATE ATTORNEY C)0 '-
October 8,2009 -
e v
Ms.Jannie Beverly _- c.^'
City Manager ,,--,
City of Opa-locka 0
777 Sharazad Blvd. , c
,:da t?`I
Opa-locka FL 33054
Dear Ms. Beverly:
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 fmd the proposed agreement for the prosecution of ordinance violations for the
period of October 1, 2009 — September 30, 2010. 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
By: 1,0 5ii,
Don L. Hiorn
Chief Assistant State Attorney for Administration
DLH/cj
Enclosures
AGREEMENT BETWEEN CITY OF OPA-LOCKA 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 , 2009, by and
between City of Opa-locka, 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, 2009, through September 30, 2010. 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, 2010, 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 City Commission
By: By:
POSITION
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By: By:
Don L. Horn
Chief Assistant State Attorney
for Administration
State of Florida
Office of the State Attorney for the Eleventh Judicial Circuit of Florida
and the City of Opa-locka
2009
City of Opa-locka:
Approved as to form and legal sufficiency:
Burnadette Norris-Weeks, P.A.
CITY ATTORNEY
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Sponsored by: City Manager 1 £2 -
RESOLUTION NO. 08-7 3 8 5
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
AGREEMENT WITH THE OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT
OF FLORIDA FOR PROSECUTION OF CERTAIN
CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA
CODE OF ORDINANCES AND PROVIDING FOR
REIMBURSEMENT OF COSTS TO THE STATE OF
FLORIDA, IN A CONTRACT FORM ACCEPTABLE TO
THE CITY ATTORNEY
WHEREAS, Section 27.02, Florida Statutes, authorizes the Office of the State Attorney
to prosecute municipal ordinance/violations; and
WHEREAS, pursuant to the agreement attached hereto, Office of the State Attorney will
prosecute violations of the City of Opa-locka ("City") Code of Ordinances, as authorized by
Sections 27.02(1) and 27.34(1), Florida Statutes; and
WHEREAS, the City will be required to remit to the State of Florida, certain costs
associated with the prosecution of criminal violations of the City of Opa-locka Code of
Ordinances; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to enter into and execute the agreement with the Office of the State Attorney for
prosecution of certain criminal violations of the City's Code of Ordinances.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Resolution No. 0 8— . 3 5
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into and execute an agreement with the State Attorney for the Eleventh Judicial
Circuit of Florida, for prosecution of certain criminal violations of the City of Opa-locka Code of
Ordinances, in a contract form acceptable to the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2 day of N()VPMRPP , 2008.
PlfLth
•
JOSEPH L. KEL_ : Y
MAYOR
Attest: Approved as to form and legal sufficiency:
Deborah S. s•madette No 's-Weeks
City Clerk City Attorney
Moved by: HOLMES
Seconded by: JOHNSON
Commissioner Vote: 3-1
Commissioner Tydus: YES
Commissioner Holmes: NO
Vice Mayor Johnson: YFS
Mayor Kelley: YES
Sponsored by: City Manager
Resolution No. 0 7-71 1 6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
.OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT
WITH THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH '1UDICIAL CIRCUIT OF
FLORIDA,FOR REIMBURSEMENT OF COSTS TO THE STATE
OF FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, FOR PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES
•
WHEREAS, Section 27.02, F.S., authorizes the State Attorney to prosecute municipal
ordinance/violations; and
WJEREAS, pursuant to the agreement attached hereto, the State Attorney will prosecute
municipal ordinance violations as authorized by Sections 27.02 and 27.34, F.S.; and
WHEREAS, the City will be required to remit to the State of Florida, costs associated with
the prosecution of violations of the City of Opa-locka Code of Ordinances.
NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
S ection 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Manager is hereby authorized to enter into and execute an agreement
with the State Attorney for the Eleventh Judicial Circuit of Florida,in substantially the form attached
hereto, for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances.
1
Resolution No. 07-7116
•
PASSED AND ADOPTED this Z5 day of JULY , 2007.
•
•
MAYOR
•
Attest to: Approved as to form and legal sufficiency:
r -/
CITY CLERK • CIT . ' 0 r
•
i
7 . s .7
•
DATE
•
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Tydus: f YES •
Commissioner Holmes: YES
Commissioner Miller: YES
Vice-Mayor Johnson: YES
Mayor Kelley:
YES
C:\Documents and Settings\vmcleary\My Documents\Resolutions\Agreement-Oft of the State Atty..doc
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