RE.8 - Establish Municipal Prosecution Function
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A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ESTABLISH A MUNICIPAL PROSECUTION FUNCTION TO HANDLE CERTAIN CITY OF MIAMI ORDINANCE VIOLATIONS; PROVIDING THAT SUCH PROSECUTION SHALL PRIMARILY FOCUS ON QUALITY-OF-LIFE OFFENSES WHICH ARE IN VIOLATION OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ARE OF A NON-VIOLENT NATURE; DIRECTING COORDINATION WITH THE MIAMI-DADE STATE ATTORNEY’S OFFICE TO ENSURE A COLLABORATIVE AND COMPLEMENTARY APPROACH TO PROSECUTION; DIRECTING THE CITY MANAGER TO DETERMINE THE NECESSARY RESOURCES; REQUIRING THE CITY ATTORNEY AND CITY MANAGER RETURN TO THE CITY COMMISSION WITHIN NINETY (90) DAYS WITH ANY NECESSARY IMPLEMENTING LEGISLATION, INCLUDING AMENDMENTS TO THE CITY CODE AND STAFFING AUTHORIZATIONS.
May 14, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
ADOPTED
Motion to: Adopt
Mover: Rolando Escalona, Commissioner
Seconder: Damian Pardo, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Enactment Number: R-26-0222
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, Section 1-13 of the Code of the City of Miami, Florida, as amended (“City Code”), provides penalties for violations of municipal ordinances which includes second degree misdemeanors; and
WHEREAS, pursuant to applicable Florida Statutes, the Miami-Dade State Attorney’s Office has historically prosecuted certain municipal ordinance violations occurring within the City of Miami (“City”); and
WHEREAS, the State Attorney’s Office appropriately prioritizes the prosecution of serious criminal matters and cases of countywide significance; and
WHEREAS, the City recognizes that certain municipal ordinance violations, particularly those affecting neighborhood quality of life, are best addressed through a localized and dedicated enforcement approach; and
WHEREAS, such quality-of-life violations impact neighborhood conditions, public spaces, and City assets; and
WHEREAS, establishing a municipal prosecution function within the City Attorney’s Office will complement the efforts of the Miami-Dade State Attorney’s Office and promote more consistent enforcement of City Ordinances; and
WHEREAS, Section 21 of the City Charter provides that the City Attorney shall serve as the prosecuting authority for municipal matters and may be supported by such assistants as authorized by the City Commission; and
WHEREAS, the City Commission finds that enhancing enforcement of quality-of-life violations will improve public safety, protect City resources, and maintain the cleanliness and livability of the City’s neighborhoods and public spaces;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth herein.
Section 2. The City Attorney is hereby directed to establish and implement a municipal prosecution function to prosecute violations of the City Code, with a primary emphasis on quality-of-life offenses involving non-violent offenses which are enforceable by municipal ordinance.
Section 3. This municipal prosecution function is intended to complement and support the work of the Miami-Dade State Attorney’s Office by focusing on violations that are best addressed at the local level and that directly impact neighborhood quality of life, public spaces, and City assets.
Section 4. The City Attorney is directed to coordinate with the Miami-Dade State Attorney’s Office to ensure a collaborative approach, avoid duplication of efforts, and maintain a clear and cooperative delineation of prosecutorial responsibilities.
Section 5. The City Manager is hereby directed to determine the resources necessary to implement the municipal prosecution function, including the addition of up to two (2) additional Assistant City Attorneys, as may be required.
Section 6. The City Attorney and the City Manager shall return to the City Commission within ninety (90) days with any necessary implementing legislation, including amendments to the City Code and staffing authorizations.
Section 7. This Resolution shall become effective immediately upon adoption.
WHEREAS, pursuant to applicable Florida Statutes, the Miami-Dade State Attorney’s Office has historically prosecuted certain municipal ordinance violations occurring within the City of Miami (“City”); and
WHEREAS, the State Attorney’s Office appropriately prioritizes the prosecution of serious criminal matters and cases of countywide significance; and
WHEREAS, the City recognizes that certain municipal ordinance violations, particularly those affecting neighborhood quality of life, are best addressed through a localized and dedicated enforcement approach; and
WHEREAS, such quality-of-life violations impact neighborhood conditions, public spaces, and City assets; and
WHEREAS, establishing a municipal prosecution function within the City Attorney’s Office will complement the efforts of the Miami-Dade State Attorney’s Office and promote more consistent enforcement of City Ordinances; and
WHEREAS, Section 21 of the City Charter provides that the City Attorney shall serve as the prosecuting authority for municipal matters and may be supported by such assistants as authorized by the City Commission; and
WHEREAS, the City Commission finds that enhancing enforcement of quality-of-life violations will improve public safety, protect City resources, and maintain the cleanliness and livability of the City’s neighborhoods and public spaces;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth herein.
Section 2. The City Attorney is hereby directed to establish and implement a municipal prosecution function to prosecute violations of the City Code, with a primary emphasis on quality-of-life offenses involving non-violent offenses which are enforceable by municipal ordinance.
Section 3. This municipal prosecution function is intended to complement and support the work of the Miami-Dade State Attorney’s Office by focusing on violations that are best addressed at the local level and that directly impact neighborhood quality of life, public spaces, and City assets.
Section 4. The City Attorney is directed to coordinate with the Miami-Dade State Attorney’s Office to ensure a collaborative approach, avoid duplication of efforts, and maintain a clear and cooperative delineation of prosecutorial responsibilities.
Section 5. The City Manager is hereby directed to determine the resources necessary to implement the municipal prosecution function, including the addition of up to two (2) additional Assistant City Attorneys, as may be required.
Section 6. The City Attorney and the City Manager shall return to the City Commission within ninety (90) days with any necessary implementing legislation, including amendments to the City Code and staffing authorizations.
Section 7. This Resolution shall become effective immediately upon adoption.