HomeMy WebLinkAboutOrdinance 2026-4827ORDINANCE NO. 2026-4827
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH
CITY CODE ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-1.1
THEREOF, ENTITLED "HABITUAL MUNICIPAL ORDINANCE VIOLATION
OFFENDERS" TO INCLUDE ADDITIONAL CRIMINAL MUNICIPAL
ORDINANCE VIOLATIONS WITHIN THE HABITUAL MUNICIPAL OFFENDER
ORDINANCE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission find it in the best interest of the public health,
safety, and welfare to expand the City's habitual municipal ordinance violation offender ordinance
to enhance the City's long-standing goal of safeguarding the everyday quality of life of its residents
and protecting those who live, work and visit Miami Beach; and
WHEREAS, the Mayor and City Commission recognize that repeat violations of its criminal
municipal ordinances, in particular those occurring in public spaces, directly impact the quality of
life of City residents; and
WHEREAS, the City has observed that certain recurring local offenses degrade
neighborhood livability and contribute to an environment that is inconsistent with the expectations
of residents and families; and
WHEREAS, presently habitual municipal ordinance violation offenders must be convicted
four times in the previous twelve months of a qualifying offense in order to qualify as a habitual
offender under the ordinance; however, the proposed changes would amend that to require only
three prior convictions of a qualifying offense in the previous two years; and
WHEREAS, expanding the list of qualifying criminal municipal ordinance violations reflects
the City's commitment to ensuring that residents and visitors can enjoy safe, clean, and orderly
public spaces; and
WHEREAS, the habitual offender designation for municipal offenses provides courts with
a uniform mechanism to address individuals whose repeated municipal ordinance violations
create ongoing disturbances and quality of life issues, and
WHEREAS, the Mayor and City Commission find that the proposed changes appropriately
balance public safety, neighborhood livability, and equitable enforcement, without altering
penalties for state criminal offenses; and
WHEREAS, the proposed amendment aligns with the City's legislative priorities and the
City Commission's goal of enhancing neighborhood quality -of -life by providing courts with an
improved mechanism to address repeat violators who pose an ongoing risk to residents and
visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 70-1.1 of Article I of Chapter 70 of the Code of the City of Miami Beach
is hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. IN GENERAL
Sec. 70-1.1. Habitual municipal ordinance violation offenders.
(1) As used in this section, the term:
(a) Convicted means a determination of guilt which is the result of a trial or the entry of a
plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(b) Habitual municipal ordinance violation offender means a defendant who is before the
court for sentencing for a Sspecified MMunicipal Oordinance Vviolation Ooffense and
who has previously been convicted, as an adult, of four or more Sspecified Mmunicipal
Oordinance Vviolation Oeffenses or who has been previously convicted, as an adult, of
three or more Distinct Municipal Ordinance Violation Offenses, which meet the following
criteria:
i. The offenses, in relation to each other and the municipal ordinance violation before
the court for sentencing, are separate offenses that are not part of the same criminal
transaction or episode.
The offenses were committed within one year, for specified municipal ordinance
violations, or two years, for distinct municipal ordinance violations, of the date that the
municipal ordinance violation before the court for sentencing was committed.
(c) Specified Mmunicipal Oordinance Vviolation Oeffense means those municipal
ordinance violation offenses described in the City Code of the City of Miami Beach
sections 70-1(c)("misdemeanor battery" as such offense is set forth in F.S. § 784.03),
70-1(d)("misdemeanor criminal mischief as such offense is set forth in F.S. § 806.13);
70-1(e)("misdemeanor exposure of sexual organs (indecent exposure)" as such offense
is set forth in F.S. § 800,03); 70-1(g)("misdemeanor assault" as such offense is set forth
in F.S. § 784.011); and 70-1(h)("misdemeanor loitering or prowling" as such offense is
set forth in F.S. § 856 021).
(d) Distinct Municipal Ordinance Violation Offense means those municipal ordinance
violation offenses described in the City Code of the City of Miami Beach sections 70-7
("Smoking cannabis, marijuana, or hemp on public property prohibited; warning signs
required: enforcement; penalties"); 70-42 ("Urinating or defecating in plain view in public
places prohibited"); 70-45 ("Public camping and public sleeping prohibited"); 70-87
("Consumption service sale and possession of open containers of alcoholic beverages
on or in public places warning signs required")� 82-1 ("Conducting business on streets,
parks or other public property enforcement; penalties' unpaid fines to constitute liens");
and 82-2 ("Closing public parks, beaches, golf courses during certain hours").
(de) Imprisonment means incarceration in a county jail operated by the county or a private
vendor.
(2) If the court finds that a defendant before the court for sentencing for a municipal ordinance
violation is a habitual municipal ordinance violation offender, the court shall, unless the court
makes a finding that an alternative disposition is in the best interests of the community and
defendant, sentence the defendant as a habitual municipal ordinance violation offender and
impose one of the following sentences:
(a) A term of imprisonment of not less than 30 days, but not to exceed 60 days; or
(b) If the habitual municipal ordinance violation offender agrees and the court finds cause,
commitment to a residential treatment program for not less than 60 days, provided that
the treatment program is operated by the county or a private vendor with which the
county has contracted to operate such program, or by a private vendor under contract
with the state or licensed by the state to operate such program, and provided that any
referral to a residential treatment facility is in accordance with the assessment criteria
for residential treatment established by the Department of Children and Families, and
that residential treatment beds are available or other community -based treatment
program or a combination of residential and community -based program, or
(c) If the habitual municipal ordinance violation offender agrees and the court finds cause,
detention for not less than 30 days, but not to exceed 60 days, to a designated
residence, if the detention is supervised or monitored by the county or by a private
vendor with which the county has contracted to supervise or monitor the detention.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re -lettered
to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the �r' day of a!( 2026.
ATTEST:
i
JUN 2 6 2026 1' teven Meiner, Mayor
:\ ...........`.
Rafael E. Granada, City Clerk
Underline denotes additions INCORPRAIED
StrikethFough denotes deletions
(Sponsored by Commissioner Monica Matteo-Salinas and Mayor Steven Meiner)
Co -Sponsored by Commissioner Tanya K. Bhatt
APPROVED AS TO
Co -Sponsored by Commissioner Joseph Magazine FORM & LANGUAGE
Co -Sponsored by Commissioner Alex J. Fernandez 3 & FOR EXECUTION
4COityttorney Date
Ordinances - R5 AA
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM City Attorney Ricardo J. Dopico
DATE June 24, 2026 10:22 a.m. Second Reading Public Hearing
TITLE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH.. FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY
CODE ENTITLED 'MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I.
ENTITLED "IN GENERAL." BY AMENDING SECTION 70-1.1 THEREOF,
ENTITLED HABITUAL MUNICIPAL ORDINANCE VIOLATION OFFENDERS" TO
INCLUDE ADDITIONAL CRIMINAL MUNICIPAL ORDINANCE VIOLATIONS
WITHIN THE HABITUAL MUNICIPAL OFFENDER ORDINANCE: AND PROVIDING
FOR REPEALER, SEVERABILITY. CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance. sponsored by Commissioner Monica Matteo-Salinas and sponsored by
Mayor Steven Meiner, is submitted for consideration by the Mayor and City Commission
The City has observed that certain recurring local offenses degrade neighborhood livability and
contribute to an environment that is inconsistent with the expectations of residents and families.
Moreover, repeat violations of the City's criminal municipal ordinances that occur in public spaces
directly impact the quality of life of City residents, therefore, it is in the best interest of the public
health, safety, and welfare to expand the City's habitual offender ordinance.
By expanding the scope of the City's habitual offender ordinance, the proposed ordinance will
enhance the City s long-standing goal of safeguarding the everyday well-being of its residents
and protecting those who live, work and visit Miami Beach. Furthermore. by expanding the list of
qualifying criminal municipal ordinance violations, the proposed ordinance demonstrates the
City's commitment to ensuring that residents and visitors can enjoy safe, clean. and orderly public
spaces.
Presently, habitual municipal ordinance offenders must be convicted four (4) times in the previous
twelve (12) months of a qualifying offense in order to qualify as a habitual offender under the
ordinance; however, the proposed ordinance would amend that to require only three (3) prior
convictions of a qualifying offense in the previous two (2) years. Additionally, the habitual offender
designation for municipal offenses provides courts with a uniform mechanism to address
individuals who repeatedly violate municipal ordinances
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The proposed changes balance public safety, neighborhood livability, and equitable enforcement.
without altering penalties for state criminal offenses. It also aligns with the City's legislative
priorities and the City Commission's goal of enhancing neighborhood welfare by providing courts
with an improved mechanism to address repeat violators who pose an ongoing risk to residents
and visitors.
FISCAL IMPACT STATEMENT
None
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 6/2/2026
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
mil
Is this item related to a G.O. Bond
Project?
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 prrncipal(s):
Department
City Attorney
Sponsor(s)
Commissioner Monica Matteo-Salinas
Mayor Steven Meiner
Co-sponsor(s)
Commissioner Tanya K. Bhatt
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Commissioner Joseph Magazine
Commissioner Alex Fernandez
Condensed Title
10:22 a.m. 2nd Rdg, Habitual Municipal Offender. (MMS-SM/TB/JM/AF) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 5/20/2026 - R5 AC
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