Item 8C~"
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Contract with State Attorney's Office
DATE: July 19, 2004
~~.
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
AGENDA ITEM #8C
JULY 26, 2004
BACKGROUND:
In 2003, a statute was passed by the state legislature imposing court filing fees for all
municipal violations, and requiring cities to provide legal counsel to prosecute and
~.,, defend violators. The effective date was July 1, 2004. This law created an immediate
negative reaction from various organizations, and work was initiated to alter the
provisions in the 2004 legislative session. During the 2004 session, the law was changed,
~,, lowering the court filing fees, and adding a provision whereby municipalities could enter
into a contract with the local State Attorney's Office to provide legal services for the
prosecution of municipal cases.
~ As a result, State Attorney Harry Shorstein's Office reviewed the 2003 records for the
prosecution of Atlantic Beach municipal violations; and it was determined that the annual
State Attorney cost for prosecution was approximately $2,150.
The State Attorney's Office has proposed aone-page contract, as required by law, to
prosecute municipal ordinance violations (see attached). The contract has been reviewed
and approved by City Attorney Alan Jensen.
~"" BUDGET: This contract will increase the expenses of prosecuting municipal code
violations by approximately $2,150 per year in the future.
~""' RECOMMENDATIONS: To approve the contractual agreement and authorize the
City Manager to sign the agreement discussed above.
~""'" ATTACHMENTS: Letter/Contract with State Attorney Harry L. Shorstein's Office
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
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Or THE
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~' `~: -~
HARRY L. SHORSTEIN
s STATE ATTORNEY
STATE ATTORNEY
Fourth Judicial Circuit of Florida
Duval County Courthouse
Jacksonville, Florida 32202-2982
Tel: (904) 630-2400
Fax: (904) 630-1848
July 2, 2004
~ Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Road
N Atlantic Beach, Florida 32233
Dear Mr. Hanson:
AGENDA ITEM #SC
JULY 26, 2004
A. JAY PLOTKIN
CHIEF ASSISTANT
This letter ~~n,~ill sere as cur contractual agreement to provide municipal ordinance prosecution services to
the City of Atlantic Beach. Pursuant to Section 27.34(1) Florida Statutes, a state attorney prosecuting
violations of municipal ordinances punishable by incarceration and not ancillary to a state charge shall
contract with municipalities to recover the full cost of services rendered on an hourly basis or reimburse
the state for the full cost of assigning one or more full-time equivalent attorney positions to work on behalf
of the municipality.
We have determined that an average ordinance violation prosecution takes one hour. Our records show
that we prosecuted 43 Atlantic Beach municipal ordinances in 2003. Therefore, we estimate an annual
expenditure of $2,150..
Under this contractual agreement, the State Attorney's Office will handle the intake, discovery, pre-trial,
trial and case disposition of criminal municipal ordinance violations that are punishable by incarceration
and not ancillary to a state charge. The State Attorney's Office will not handle appeals or constitutional
attacks on municipal ordinances. This contractual agreement will cover the full cost of services rendered
on an hourly basis at fifty dollars ($50) an hour as established by section 27.34(1)(a). There is currently
no rate specified in the General Appropriations Act. All contract funds will be paid directly to the State of
Florida and sent to the Justice Administrative Commission for deposit into the Grants and Donations Trust
Fund for appropriation by the Legislature. No funds are paid to the State Attorney.
This should substantially outline our agreement. Please let me know if it meets with your approval..
incerely,
Kathryn .Weintraub
Executiv irector
cc: Harry L. Shorstein
~" Approved: Date:
City Manager _