Miami-Dade Legislative Item
File Number: 091630
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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: COST SAVINGS
  STUDY
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 Referred Health, Public Safety & Intergovernmental Cmte 6/11/2009

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

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.



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