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HomeMy WebLinkAboutReso 2025-3902RESOLUTION NO. 2025 - '3902-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO EVALUATE THE FEASIBILITY OF CREATING OR EXPANDING AN ECONOMIC CRIMES INVESTIGATIVE UNIT WITHIN THE SUNNY ISLES BEACH POLICE DEPARTMENT TO ADDRESS CONDOMINIUM AND HOMEOWNERS' ASSOCIATION FRAUD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, condominium and homeowners' association ("HOA") fraud, including embezzlement, bid rigging, and financial mismanagement, poses a significant threat to property owners in the City of Sunny Isles Beach (the "City"); and WHEREAS, at least 97% of residential units in the City are part of HOAs or condominiums, making the vast majority of residents uniquely exposed to such fraud and underscoring the urgent need for local protections; and . WHEREAS, such crimes disproportionately affect vulnerable populations, including seniors on fixed incomes who may lose life savings and face housing instability, and the international community who may encounter barriers due to language differences and limited familiarity with U.S. legal systems; and WHEREAS, the State of Florida, through agencies like the Department of Business and Professional Regulation ("DBPR"), has failed to adequately protect residents, as DBPR's enforcement lacks sufficient authority and "teeth" to address criminal fraud, often limited to administrative remedies and leaving victims to pursue expensive civil lawsuits without meaningful state intervention; and WHEREAS, the City has a large concentration of high-rise condominiums and HOAs, making targeted investigations essential to protect residents and maintain community trust; and WHEREAS, with the City's robust taxpayer -funded budget, Sunny Isles Beach can afford to provide this essential service to those who need it most, including our seniors and international residents, without undue financial strain; and WHEREAS, the outdated excuse that "there is nothing the City can do" is no longer acceptable, as it is untrue—local action is both feasible and necessary to fill the gaps left by state shortcomings; and WHEREAS, the City's Police Department ("SIBPD") is highly effective and well -resourced positioning it ideally to spearhead this initiative and deliver results; and @BCL@7C14B6F3 Page 1 of 3 677 WHEREAS, establishing or expanding a specialized Economic Crimes Investigative Unit within the SIBPD would enhance detection, prevention, and prosecution of these offenses, collaborating with state agencies like the DBPR; and WHEREAS, the City Commission finds that it is in the best interests of its residents to approve this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Direction to City Manager. The City Manager is hereby directed to evaluate the feasibility of creating or expanding an Economic Crimes Investigative Unit within SIBPD, including resource needs, training, and partnerships, with a report and implementation plan presented to the City Commission within 90 days. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3, adoption. ATTES ^^' ; . � � IL Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 18th day of Septemb r, 2025. Larisa Svechin, Mayor FA Mauritio Betanc*, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney r Moved by: (OSZV,6 . i�.SeA Seconded by: Vote: Mayor Svechin (Yes) (No) Vice Mayor Lama -7(Yes) (No) Commissioner Joseph 77 (Yes) (No) Commissioner Stuyvesant :Z (Yes) (No) @BCL@7C14B6F3 Page 2 of 3 678 Commissioner Viscarra Z(Yes) (No) @BCL@7C14B6F3 Page 3 of 3 679 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Fabiola Stuyvesant, Commissioner DATE: September 18, 2025 RE: Direction to the City Manager to Evaluate the Feasibility of Creating an Economic Crimes Unit in the City's Police Department RECOMMENDATION: This resolution is presented foryour consideration. REASONS: This initiative aims to direct staff to establish or enhance a specialized unit focused on investigating condo and HOA fraud, emphasizing how such crimes disproportionately impact seniors (who often face financial exploitation in fixed-income situations) and the international community (vulnerable due to language barriers and unfamiliarity with local laws), thereby strengthening public safety and trust in residential associations. Given that at least 97% of residential units in Sunny Isles Beach are part of HOAs or condominiums, residents are uniquely exposed to these risks; the State of Florida, including the Department of Business and Professional Regulation (DBPR), has failed to provide adequate protection due to DBPR's limited enforcement authority, which focuses on administrative rather than criminal matters and lacks the "teeth" to prosecute fraud effectively, often leaving victims to bear costly legal burdens. With the City's incredible taxpayer -funded budget, Sunny Isles Beach can afford to offer this vital service to those who need it most; the outdated excuse that "there is nothing we can do" is no longer acceptable, as it is untrue and local leadership is both possible and imperative. ATTACHMENTS: Resolution Item Number: 92 676