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Reso 2023-3587
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Reso 2023-3587
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Last modified
1/2/2024 10:14:00 AM
Creation date
11/29/2023 5:21:39 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3587
Date (mm/dd/yyyy)
10/01/2023
Description
Agrmt w/ the State of FL, Office of the State Attyfor the 11th Judicial Circuit of FL to reimburse State for the cost of State Atty Prosecution.
Supplemental fields
Expiration Date
10/1/2024
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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 />October I, 2023 <br />Mr. Stan Monis <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 provides that <br />the State Attorney may prosecute municipal ordinances only if (1) the ordinance violation is ancillary to a felony <br />prosecution (s. 27.02(1), Florida Statutes), or (2) the City of Sunny Isles Beach has entered into a contract with the <br />State Attorney for the prosecutions (s. 27.34(1), Florida Statutes). <br />Enclosed please find the agreement for the prosecution of ordnance violations: Previously we had sent a <br />new agreement each October V covering a,one-year period. This year we have changed the performance period to <br />be ongoing. The agreement shall commence on October 1, 2023, and remain in effect until terminated, per the <br />provisions of the agreement. Please sign and return one originally signed copy to this office. Alternatively, you <br />may color scan and email a copy to Fiscal(aMimniSAO.com,. If you would like to propose any changes or edits to <br />the agreement, please email your. request to Fiscal(g)MiamiSAO.com and we will provide you with an electronic <br />version of the agreement. <br />This agreement is for the initial prosecution of ordinances only; the State Attorney's Office has no statutory <br />authority to handle appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the <br />State Attorney prosecute municipal ordinance violations in accordance with sections 4 and 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, it <br />takes approximately 20 minutes per case, therefore, you will be charged at thexate of $16.67 per case. Please note <br />that this is the charge for ordinance prosecution only. Pursuant to state law, there are separate charges for indigent <br />defense from the Public Defender and filing fees from the Clerk ofthe Court. <br />If you have any questions about the agreement or if I can provide any other information, :please do <br />not hesitate to- contact me at SteuhenKTalninsn.MiamiSAO.com. <br />Sincerely, <br />KATHERINE FERNANDEZ RUNDLE <br />State Attorney l <br />;n K. Talpins <br />Assistant State Attorney <br />
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