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Reso 2012-1994
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Last modified
3/8/2013 10:43:39 AM
Creation date
11/20/2012 10:37:50 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1994
Date (mm/dd/yyyy)
11/15/2012
Description
Interlocal Agmt w/State Attorney Office:Prosecute Criminal Violation 12/13
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t"E RECEIVED <br /> • <br /> :: OCT 25 2012 <br /> STATE ATTORNEY City of Sunny Isles Beech <br /> ELEVENTH JUDICIAL CIRCUIT OF FLORIDA Office of the City Manager <br /> E.R.GRAHAM BUILDING <br /> 1350 N.W. 12TH AVENUE <br /> MIAMI,FLORIDA 33136-2111 <br /> KATHERINE FERNANDEZ RUNDLE TELEPHONE(305)547-0100 <br /> STATE ATTORNEY <br /> October 12, 2012 <br /> Mr. Christopher J. Russo <br /> City Manager <br /> City of Sunny Isles Beach <br /> 18070 Collins Avenue <br /> Sunny Isles Beach FL 33160 <br /> Dear Mr. Russo: <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, 2012 — September 30, 2013. Please sign three originals and return to this office as <br /> 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 donlhorn@miamisao.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- <br /> 265, Laws of Florida, you are requested to send a letter to that effect to the above address as soon as <br /> possible. <br /> You will be billed at the statutorily prescribed rate of $50 per hour. Our estimate is that, on <br /> average, it takes approximately 20 minutes per case; therefore, you will be charged at the rate of$16.67 <br /> per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law, there <br /> are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the <br /> 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 donlhorn( miamisao.com. <br /> Sincerely, <br /> KATHERINE FERNA DEZ 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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