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WHEREAS, the outdated excuse that "there is nothing the City can do" is no longer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
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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)
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Commissioner Viscarra Z(Yes) (No)
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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