HomeMy WebLinkAbout2023-181-2071_-_State_Attorney_Reimbursement_Agreement_-_Adopted.docxRESOLUTION NO. 2023-181-2071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN 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 CITY OF MIAMI GARDENS CODE OF
ORDINANCES, NUNC PRO TUNC, TO OCTOBER 1, 2023,
ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, to maintain and improve the health, safety, and welfare of residents
and visitors of the City of Miami Gardens, it is necessary to adequately enforce and
prosecute violations of the City of Miami Gardens Code of Ordinances, and
WHEREAS, Florida law provides that State Attorney may prosecute municipal
ordinances only if the ordinance violation is ancillary to a felony prosecution or if the
municipality contracts with the State Attorney for prosecutions punishable by
incarceration
WHEREAS, the City of Miami Gardens has annually entered into agreements with
the Office of the State Attorney since 2004 to prosecute City Ordinances that are
punishable by incarceration, and
WHEREAS, previous agreements have been renewed on an annual basis
beginning on October 1st of each year, and
WHEREAS, this Agreement continues the prosecution relationship between the
City and the Office of the State Attorney and provides for automatic renewals until
terminated by the parties, and
WHEREAS, City Attorney Sonja K. Dickens recommends that the City Council
authorize the City Manager and City Clerk to execute and attest, respectively, that certain
Agreement with 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 City of Miami Gardens Code of Ordinances, Nunc Pro
Tunc, to October 1, 2023, attached hereto as Exhibit “A”,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
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Resolution No. 2023-181-2071
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and City Clerk to execute and attest, respectively,
that certain Agreement with 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 City of Miami Gardens Code of Ordinances, Nunc Pro
Tunc, to October 1, 2023, attached hereto as Exhibit “A”.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON DECEMBER 13, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Vice Mayor Wilson
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Absent
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
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