Resolution No. 2024-02 State Attorney Agreement for Prosecution of Aventura Ordinance Violations - January 9, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF AVENTURA 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 PROSECUTIONS OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
the Agreement attached hereto between the City of Aventura 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 prosecutions of certain criminal violations of the City
Code.
Section 2. The City Manager is authorized to do all things necessary to carry out
the aims of this Resolution.
Section 3. This Resolution shall be retroactive to October 1, 2023 and shall
remain in effect until terminated by either party.
The foregoing Resolution was offered by Commissioner Bloom, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote,
the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
City of Aventura Resolution No. 2024-02
PASSED AND ADOPTED this 9th day of January, 2024.
H WARD S. WEINBERG, ES
MAYOR
q � e
ATTEST:
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E.R.GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI,FLORIDA 33 136-21 1 1
KATHERINE FERNANDEZ RUNDLE TELEPHONE(305)547-0100
STATE ATTORNEY
October 1,2023
Mr. Ronald Wasson
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura,Fl 33180
Dear Mr. Wasson,
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 City of Aventura has entered into a contract with the State
Attorney for the prosecutions(s.27.34(1),Florida Statutes).
Enclosed please find the agreement for the prosecution of ordinance violations.Previously we had sent a
new agreement each October 1st covering a one-year period. This year we have changed the performance period to
be ongoing. The agreement shall commence on October 1,2023,and remain in effect until terminated,per the
provisions of the agreement. Please sign and return one originally signed copy to this office. Alternatively,you
may color scan and email a copy to Fiscal@MiamiSAO.com. If you would like to propose any changes or edits to
the agreement,please email your request to Fiscal@MiamiSAO.com and we will provide you with an electronic
version of the agreement.
This agreement is for the initial 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 and 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 agreement or if I can provide any other information,please do
not hesitate to contact me at StephenKTalpins(a,MiamiSAO.com.
Sincerely,
KATHERINE FF�RNANDEZ RUNDLE
State Attorney/
RECEIVED
NOV 3 2023 y St hen alpins
f Chief Assistant State Attorney
OFFICE OF THE
CITY MANAGER
AGREEMENT BETWEEN CITY OF AVENTURA 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 CITY OF AVENTURA
CODE
This agreement is entered into this 1st day of October, 2023 by the City of Aventura 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:
ARTICLE 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. 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 take effect on October 1,2023 and be automatically renewed annually
at the commencement of the City's fiscal year, subject to annual reauthorization in the budget,
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
quarter. The City shall remit each payment within thirty (30) 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
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 VI
Termination
Either party may terminate this agreement at any time with or without cause by furnishing
written notice to the other party with no less than ninety (90) days notice.
ARTICLE VII
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 VIII
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 age, 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: CITY OF AVENTURA
By: By:
C!aJ/1 , (AJA S S
eve t 24) e`)-C/ )14&Mef
STATE ATTORNEY'S OFFICE
ATTEST: ELEVENTH JUDICIAL CIRCUIT
By: By:
,$ eph K talpins
'` Chiefistant State Attorney