Miami-Dade
Legislative Item File Number: 210254 |
Printable PDF Format Clerk's Official Copy |
File Number: 210254 | File Type: Resolution | Status: Adopted | ||||||||||
Version: 0 | Reference: R-111-21 | Control: Board of County Commissioners | ||||||||||
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Requester: NONE | Cost: | Final Action: 2/17/2021 | ||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 2/17/2021 | 11A7 | Adopted | P | |||
REPORT: | Commissioner Regalado provided details about the foregoing proposed resolution which created, in collaboration with the Eleventh Judicial Circuit of Florida, an online portal called the Court Housing Eviction Landlord/Tenant Portal (Court HELP) for landlords and tenants. She indicated Court HELP allowed both parties to access court information and mediation services during eviction proceedings. She opined the portal would help to resolve litigations and evictions in the County. The Honorable Miami-Dade County Administrative Judge Linda Singer Stein and the Honorable Miami-Dade County Judge Scott M. Janowitz, both of the Eleventh Judicial Circuit of Florida, appeared before the Board and detailed the need for the portal. Commissioner Regalado expressed her support for the item and echoed the judges’ observations about the efficiency of the portal and how it reduced court costs. She noted the judges came to the Board to request funding to launch Court HELP because they were unable to apply for grants. Judge Janowitz, in response to Commissioner Martinez inquiry on whether Court HELP was based on the programs, replied that they researched other jurisdictions and used guidance from national state court administrations for creating the program. He added they also utilized what they learned from the Circuit’s traffic court portal. Assistant County Attorney Oren Rosenthal informed the Board the item outlined funding for Court HELP would come from three potential funding sources and the Administration would return to the Board in 30 days with a contract that listed the actual funding sources. Judge Janowitz stated that part of the program needed licensed software which would be integrated with the Circuit’s internal systems. Judge Stein stated Court HELP was intended for residential evictions for non-payment and had the potential to be used for commercial evictions. She added the program, if it was successful, could also be used for other types of online mediations. There being no further questions or comments, the Board proceeded to vote on the proposed resolution, as presented. | ||||||
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Board of County Commissioners | 2/9/2021 | Per Ord 20-38, item placed by BCC Chair without committee review and not subject to 4-day rule | |||||
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County Attorney | 2/5/2021 | Assigned | Oren Rosenthal | 2/5/2021 | |||
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Legislative Text |
TITLE RESOLUTION DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE A $100,000.00 GRANT AGREEMENT WITH THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO CREATE A WEB BASED PORTAL FOR LANDLORDS AND TENANTS TO ACCESS COURT INFORMATION AND MEDIATION SERVICES DURING EVICTION PROCEEDINGS; DIRECTING THE COUNTY MAYOR TO IDENTIFY $100,000.00 IN LEGALLY AVAILABLE FUNDS FROM THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (�CARES ACT�), THE MARLINS SETTLEMENT OR THE FISCAL YEAR 2020-2021 COUNTY BUDGET TO PROVIDE SUCH GRANT; AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO BRING SUCH GRANT AGREEMENT TO THE BOARD FOR APPROVAL BODY WHEREAS, as a result of the coronavirus disease 2019 (COVID-19) pandemic, many tenants in Miami-Dade County who have lost their income due to layoffs or furloughs, face the possibility that their inability to timely pay their rent and any late fees could result in economic hardship for such tenants and possible eviction; and WHEREAS, federal, state and local governments have taken steps to minimize the impact of the COVID-19 crisis on tenants, including placing limited moratoriums on evictions, requiring holds on shutting off of utilities due to nonpayment, and prohibiting rental late fees; and WHEREAS, despite these temporary protections, rent, utility costs and possible late fees could continue to accrue during the relief period to be payable at the end of the moratoriums; and WHEREAS, as these temporary protections for tenants expire it is likely that, in light of the economic impact of COVID-19, there will be a wave of eviction proceedings in Miami-Dade County, with their associated costs, judgments, and lingering stigma; and WHEREAS, the Office of the State Court Administrator estimates that in 2021 there will be 75,000 eviction cases filed in the State of Florida; and WHEREAS, the judicial process for evictions can be expensive and burdensome for both landlords and tenants resulting in self-represented litigants often spending hours in line seeking the most basic guidance and legal assistance; and WHEREAS, the Eleventh Judicial Circuit of Florida, in and for Miami-Dade County, desires to implement a web-based platform tool that will assist both landlords and tenants in County court residential eviction cases with accessing the appropriate legal remedies remotely and provide for an online dispute resolution process using court mediators; and WHEREAS, this web-based platform called the Court Housing Eviction Landlord/Tenant Portal (Court HELP) will assist the Court in providing much needed assistance to landlords and tenants while decreasing foot traffic at the courthouses and permitting the parties to participate in scheduled mediation remotely, thereby reducing lost wages as a result of travel and providing flexibility for scheduling mediations; and WHEREAS, the Eleventh Judicial Circuit of Florida is seeking grant funding in the amount of $100,000.00 to build the Court HELP program to facilitate landlords and tenants in seeking government assistance before completing the eviction process; and WHEREAS, providing such grant funds to the Eleventh Judicial Circuit of Florida will provide both landlords and tenants much needed relief in anticipation of the upcoming eviction crisis; and WHEREAS, the Eleventh Judicial Circuit of Florida does not have adequate funding available to establish and implement the Court HELP program and judicial grants for this purpose have been temporarily suspended as a result of the COVID-19 pandemic; and WHEREAS, this Board desires to provide the needed grant funds to the Eleventh Judicial Circuit of Florida for this purpose from either available Coronavirus Aid, Relief, and Economic Security Act (�CARES Act�) funding, funds from any settlement agreement between the County, the City of Miami, Miami Marlins LP, and Marlins Teamco, LLC pertaining to the non-relocation agreement�s equity payments (�Marlins Settlement�), or other available County funds, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The County Mayor or County Mayor�s designee is directed to negotiate a grant agreement with the Eleventh Judicial Circuit of Florida to provide $100,000.00 to fund the creation of the Court HELP program to assist landlords and tenants in the eviction process. Section 2. The County Mayor or County Mayor�s designee is further directed to identify $100,000.00 in legally available funds from available CARES Act funds; Marlins Settlement funds; or the Fiscal Year 2020-2021 County Budget to fund the grant described in Section 1. Section 3. The County Mayor or County Mayor�s designee is directed to bring the fully negotiated grant agreement to the Board of County Commissioners for approval within 30 days of the effective date of the resolution and identify the proposed funding source when presenting the negotiated grant agreement to the Board for approval. |
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