Legislative Matter

Miami-Dade Legislative Item
File Number: 091630

Printable PDF Format

Clerk's Official Copy

File Number: 091630

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-868-09

Control: Board of County Commissioners

File Name: COST SAVINGS ACHIEVED THROUGH DE-CRIMINALIZING

Introduced: 5/26/2009

Requester: NONE

Cost:

Final Action: 6/30/2009

Agenda Date: 6/30/2009

Agenda Item Number: 11A11

Notes:

Title:

RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO STUDY WHETHER COST SAVINGS CAN BE ACHIEVED THROUGH DE-CRIMINALIZING CERTAIN COUNTY ORDINANCE VIOLATIONS

Indexes:	STUDY
	COST SAVINGS

Sponsors:	Sally A. Heyman, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	6/30/2009	11A11	Adopted				P

Commission Auditor	6/15/2009		Legislative notes attached

Health, Public Safety & Intergovernmental Cmte	6/11/2009	2B	Forwarded with a favorable recommendation				P
REPORT:	Assistant County Attorney Valda Christian read the foregoing proposed resolution into the record. Chairwoman Heyman recognized Honorable Judge Sloan for his role in working with the County Attorneys, the Public Defenders, the State Attorney, and the County Manager’s Office to observe efficiencies within the criminal and civil justice systems. The Honorable Samuel Sloan, Administrative Judge for the Criminal Division of County Court, appeared before the Committee and provided a brief overview of the foregoing resolution. He suggested the County Commission consider changing the status for violation of County ordinances (i.e. noise ordinances, open-air concerts, panhandling, commercial markings on vehicles, being in the parks after hours, etc.) from criminal to a non-criminal violation. Judge Sloan noted these infractions were of a non-violent nature and processing them as criminal violations was not an efficient use of the County’s and the Courts’ resources. Chairwoman Heyman noted Judge Sloan would come back before this Committee in 90 days with recommendations, and she recognized the entities working outreach with Judge Sloan as the Clerk’s Office, Chief Judge Joe Brown, Miami-Dade Police Department, State Attorney’s Office, Public Defender’s Office, County Manager’s Office, and County Attorney’s Office. Commissioner Diaz expressed his appreciation to Judge Sloan for his leadership efforts in this initiative. He and Commissioner Sosa asked to be added as co-sponsors of this resolution. Chairwoman Heyman asked the Director of the Office of Intergovernmental Affairs to begin crafting appropriate legislation from the lists of perspective ordinances provided by Judge Sloan and bring back recommendations for the committee’s consideration. In response to Commissioner Souto’s request for the list identifying the County Ordinances that would be affected by this resolution, Judge Sloan stated he would generate the list and submit it to each Committee member. Chairwoman Heyman asked Judge Sloan to provide a copy of this list, labeled “Not Official,” to the County Clerk’s Office. There being no further questions or comments, the Committee proceeded to vote.

County Attorney	5/27/2009		Assigned	Jess M. McCarty	6/5/2009

County Attorney	5/27/2009		Referred	Health, Public Safety & Intergovernmental Cmte	6/11/2009

Legislative Text

TITLE
RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO STUDY WHETHER COST SAVINGS CAN BE ACHIEVED THROUGH DE-CRIMINALIZING CERTAIN COUNTY ORDINANCE VIOLATIONS

BODY
WHEREAS, section 125.69, Florida Statutes, provides that county ordinance violations shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment; and
WHEREAS, many county ordinance violations currently carry both up to a $500 fine and up to 60 days in jail; and
WHEREAS, the possibility of jail time carries additional costs for not only the MiamiDade Corrections & Rehabilitation Department and the Miami-Dade Police Department, but also for the Courts, State Attorneys Office and Public Defenders Office; and
WHEREAS, during these times of reduced revenues and the need for budget cuts, MiamiDade County should study whether cost savings can be achieved be eliminating the possibility of jail time from certain county ordinance violation that would not significantly affect public safety,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or Designee is directed to study whether cost savings can be achieved through de-criminalizing certain county ordinance violations and provide a report and recommendations to the Board within 90 days of the effective date of this resolution.