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Reso 2023-3521
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Reso 2023-3521
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Last modified
10/6/2023 11:13:21 AM
Creation date
7/26/2023 12:24:46 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3521
Date (mm/dd/yyyy)
06/15/2023
Description
Agreement w/ State of Florida, Office of State Attorney to reimburse the state for cost of prosecution of criminal violations of the code of SIB.
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o�axe <br />STATE ATTORNEY <br />ELEVENTH JUDICIAL CIRCUIT OF FLORIDA <br />E. R. GRAHAM BUILDING <br />1350 N.W. 12TH AVENUE <br />MIAMI, FLORIDA 33136-2111 <br />KATHERINE FERNANDEZ RUNDLE <br />STATE ATTORNEY <br />May 24, 2023 <br />Mr. Stan Morris <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach FL 33160 <br />Dear Mr. Morris: <br />TELEPHONE (305) 547-0100 <br />Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution <br />provides that the State Attorney may prosecute municipal ordinances only if (1) the ordinance violation is <br />ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or (2) the county/municipality has entered <br />into a contract with the State Attorney for these prosecutions (s. 27.34(1), Florida Statutes). <br />Enclosed please find the proposed agreement for the prosecution of ordinance violations for the <br />period of October 1, 2022 through September 30, 2023 . Please sign three originals and return to this office <br />as soon as possible. If you desire to make changes to the contract and want an electronic version of this <br />document, please contact me at donlhorngmiamisao.com and I will forward you a copy. This contract is <br />for the prosecution of ordinances only; the State Attorney's Office has no statutory authority to handle <br />appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State <br />Attorney prosecute municipal ordinance violations in accordance with sections 4 &5 of Chapter 2004-265, <br />Laws of Florida, you are requested to send a letter to that effect to the above address as soon as possible. <br />You will be billed at the statutorily prescribed rate of $50 per hour. Our estimate is that, on average, <br />it takes approximately 20 minutes per case; therefore, you will be charged at the rate of $16.67 per case. <br />Please note that this is the charge for ordinance prosecution only. Pursuant to state law, there are separate <br />charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. <br />If you have any questions about the contract or, if I can provide any other information, please do <br />not hesitate to contact me at 305-547-0562 or at donlhorngmiamisao.com. <br />Sincerely, <br />KATHERINE FERNANDEZ RUNDLE <br />State Attorney <br />By: <br />Don L. Horn <br />Chief Assistant State Attorney for Administration <br />DLH/cj <br />Enclosures <br />
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