HomeMy WebLinkAboutResolution 2026-34267RESOLUTION NO. 2026-34267
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADDING AN AMENDMENT TO THE DEFINITION OF "LEWD OR
LASCIVIOUS MOLESTATION" TO THE CITY'S LIST OF 2027 STATE LEGISLATIVE
PRIORITIES.
WHEREAS, each year, the Mayor and City Commission of the City of Miami Beach adopt a list
of legislative priorities for the annual session of the State Legislature to address issues critical to the City
and its residents; and
WHEREAS, pursuant to Florida Statutes § 800.04, lewd or lascivious molestation occurs when a
person "intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or
buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a
person under 16 years of age to so touch the perpetrator"; and
WHEREAS, current Florida law treats the unsolicited touching of a person over 16 years of age's
sexual body parts, such as breasts or buttocks, the same as touching non -sexual body parts, thereby
failing to adequately distinguish between simple battery and a lewd or lascivious act involving intimate
areas; and
WHEREAS, federal law criminalizes the intentional touching of a person's breasts, inner thigh, or
buttocks, including the clothing covering such areas, when done with sexual intent, demonstrating a
clearer statutory recognition of the heightened harm associated with such conduct; and
WHEREAS, other states such as Arkansas, Alaska, Tennessee, and West Virginia, have
criminalized touching of an adult's breasts or buttocks, including the clothing covering such areas, when
done for sexual arousal or gratification and without consent; and
WHEREAS, expanding the definition of "lewd or lascivious molestation" in the Florida Statutes to
expressly include persons over 16 years of age would more accurately reflect the seriousness of
unwanted sexual touching, strengthen protections for victims, enhance prosecutorial clarity, and more
effectively deter sexually intrusive conduct; and
WHEREAS, the Mayor and City Commission find it in the best interest of the City and its residents
to urge the Florida Legislature to amend state law accordingly and therefore seek to add this issue to the
City's 2026 State Legislative Priorities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby add an
amendment to the definition of "lewd or lascivious molestation" to the City's list of 2027 State Legislative
priorities.
PASSED and ADOPTED this 10 day of M4, 2026.
Steven Meiner, Mayor
ATTEST:
MAY 2 6 2026
Rafael E. tranado, City Clerk
(Sponsored by Commissioner Monica Matteo-Salinas)
Co -Sponsored by Commissioner Tanya K. 8hatt
APPROVED AS TO
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Resolutions - C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 20, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADDING AN AMENDMENT TO THE DEFINITION OF
"LEWD OR LASCIVIOUS MOLESTATION" TO THE CITY'S LIST OF 2027 STATE
LEGISLATIVE PRIORITIES.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Commissioner Monica
Matteo-Salinas.
FISCAL IMPACT STATEMENT
N/A.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www miamibeachfl gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
394 of 1709
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Monica Matteo-Salinas
Co-sponsor(s)
Condensed Title
2027 Legislative Priority - Amend Definition of Lewd or Lascivious. (Matteo-Salinas) CA
Previous Action (For City Clerk Use Only)
395 of 1709