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Home My Public Portal About11-8315 Prosecution of Certain Violations Sponsored by: City Manager Resolution No. 11-8315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR PROSECUTION OF CERTAIN VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES AND PROVIDE REIMBURSEMENT OF COSTS TO THE STATE OF FLORIDA, PAYABLE FROM ACCOUNT 19-519493; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The State Attorney is required to represent the State of Florida in the prosecution of all criminal cases arising out of their respective circuits (F.S. 27.02); and WHEREAS, the City must enter into a contract with the State Attorney pursuant to F.S. 27.34(1),in order for the State Attorney to prosecute non-felony violation of municipal ordinances; and WHEREAS,the City of Opa-locka desires to enter into a contract with the State Attorney Office for prosecutions of matters involving violation of Municipal Code Ordinances; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to execute an agreement with the Office of the State Attorney for the Eleventh Judicial Circuit of Florida for prosecution of certain 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: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 11-8315 Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into an agreement with the Office of the State Attorney for the Eleventh Judicial Circuit of Florida for prosecution of certain violations for the City of Opa-locka Code of Ordinances, and provide reimbursement of costs to the State of Florida,payable from Account 19- 519493. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this i4`h day of December, 2011. / , / ' 4 RAT/ LOR MAYOR Attest to: ( i De orah S by City Clerk Approv:d as to ft a d legs sufficitA cy: 1 !'.1/l� l _ Josep '.. Gel I-r City • orne Moved by: VICE MAYOR JOHNS• 14 Seconded by: COMMISSIONER MILLER Commission Vote: 3-0 Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor: YES " THE GREAT CITY " O�OQP-LOC Q� /��J�.-/c �C� VGLI �{f� ?/ • 92 Bryan K. Finnie �aoAa�E 305-953-2821 City Manager 305-953-2823 Fax:305-953-2870 Memorandum TO: Mayor Myra L.Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner Gail E. Mill- R FROM: Bryan K. Finnie, City Ma . DATE: November 8, 201 y RE: STATE 0 ORIDA, OFFICE OF THE STATE ATTORNEY, 11TH JUDICIAL CIRCUIT OF FLORIDA, AGREEMENT 10/01/11 —09/30/12 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 AT AN AVERAGE COST OF SIXTEEN DOLLARS AND SIXTY SEVEN CENTS ($16.67) PER CASE PAYABLE FROM ACCOUNT NUMBER 19-519493. 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). Account Number: Account#19-519493 (General Government) Financial Impact: Ordinance prosecution average $16.67 per case. Pursuant to state law, there may be separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. However, to my knowledge in the past four years the City has only been charged for Ordinance prosecution only. Account #19-519493 (General Government) 1 CITY HALL• 780 FISHERMAN STREET,4TH FLOOR, OPA-LOCKA, FLORIDA 33054 • (305)688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Implementation Time Line: Upon Approval by City Commission and Execution of Agreement for October 1, 2011-September 30, 2012 Legislative History: Resolutions#07-7116,#08-7385,#09-7963 and#10-8148 Recommendation(s): Staff Recommends Approval Analysis: For fiscal years 2007-2011 the City reimbursed the State of Florida, Office of the State Attorney a total cost of $567.08 for prosecution of certain criminal violations of the City of Opa-locka Code of Ordinances. The breakdown is as follows: Description Amount Number of Cases Payment FY 06-07 $ 33.64 2 Payment FY 07-08 $ 83.35 5 Payment FY 08-09 $ 100.02 6 Payment FY 09-10 $ 116.69 7 Payment FY10-11 $ 233.38 14 Total $ 567.08 34 (See attached vendor payment history report as of November 8, 2011 reflecting a total payment cost of$567.08. A total of 34 cases were prosecuted, bringing the average cost per case to$16.68). Attachments: 1) Resolutions#07-7116,#08-7385,#09-7963 2)Resolution#10-8148 and Executed Agreement 10/01/10—09/30/11 3) Proposed Agreement for October 1, 2011 —September 30, 2012 4) State of Florida,Check Register Vendor Payment History as of 11/08/11 Prepared by: Kathy Phillips, Executive Secretary Office of the City Manager End of Memorandum 2 F 13. STATE 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. Bryan K. Finnie City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka FL 33054 Dear Mr. Finnie: 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 following: 15. 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. 16. Billing for ordinance violations for your jurisdiction for the period of July 1 — September 30, 2011. The billing reflects data from the Clerk of the Court's database, which list ordinance violations for which the county/municipality is being charged a filing fee pursuant to s.27.34(1), Florida Statutes. Mr. Bryan K. Finnie Page 2 You are being 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 are being charged at the rate of$16.67 per case. The total amount due can be found at the end of this letter. 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. You are requested to review the invoice when you receive it. Please note items that you dispute, deduct their cost, and remit the remainder payable to the State of Florida to: Fiscal Division Office of the State Attorney E. R. Graham Building 1350 N.W. 12th Avenue Miami, FL 33136-2111 Any items under dispute will be reviewed by our staff and re-invoiced in the following quarter if necessary. If you have any questions about the procedures discussed above, or the contract, please do not hesitate to contact me at 305-547-0564. Number of Cases: 1 Total Cost: $16.67 Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney By: G� Don L. Horn Chief Assistant State Attorney for Administration DLH/ld Enclosures