HomeMy WebLinkAboutReso 2023-3521RESOLUTION NO. 2023- �J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH 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 OF THE CITY OF SUNNY ISLES
BEACH; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING
THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARYTO
EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach ("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 Code of Ordinances; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney for the
Eleventh Judicial Circuit of Florida ("SAO") to enter into agreements with municipalities to
reimbursement the state for the costs associated with the prosecutions of criminal
prosecutions; and
WHERAS, the City and SAO have agreed to enter into an agreement for the
prosecution of said municipal violations for Fiscal Year 2022/2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Agreement
between the City of Sunny Isles Beach and the State Attorney for the Eleventh Judicial Circuit
of Florida, attached hereto as Exhibit "A".
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute the
attached Agreement.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of Juj"023.
Larisa Svechin, Mayor
R2023 Interlocal Agmt w State Attorney for Prosecution of Code Page 1 of 2
ATTEST:
Mauricio ll�etancur, CVC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
s
n E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by:CC�/ 1 5/(�1 - i Seconded by:�)w/ S,,,A,f %W�4
Vote:
Mayor Svechin :Zfl z
(Yes)
(No)
Vice Mayor Joseph
Commissioner Lama
(Yes)
(Yes)
(No)
Commissioner Stuyvesant
(No)
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
o�axe
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E. R. GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
May 24, 2023
Mr. Stan Morris
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach FL 33160
Dear Mr. Morris:
TELEPHONE (305) 547-0100
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, 2022 through September 30, 2023 . 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 donlhorngmiamisao.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 donlhorngmiamisao.com.
Sincerely,
KATHERINE FERNANDEZ RUNDLE
State Attorney
By:
Don L. Horn
Chief Assistant State Attorney for Administration
DLH/cj
Enclosures
AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH 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 'ZO,4 day of 19- , 2023, by and
between City of Sunny Isles Beach, 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:
ARTICTN 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,
2022 through September 30, 2023. 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, 2023, 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 parry may terminate this agreement at any time with or without cause by furnishing
written notice to the other parry 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:
By: Alo --
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