Ordinance 91-2732 ORDINANCE NO. 91-2732
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 29 "POLICE DEPARTMENT"
BY CREATING SECTION 29-6 PROVIDING FOR
NOTIFICATION TO EMPLOYERS OF EMPLOYEES
ARRESTED FOR NARCOTIC LAW VIOLATIONS AS
DEFINED IN SECTION 893 OF THE FLORIDA
STATUTES. REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is a growing societal demand for a
drug free America; and
WHEREAS, the Federal Government and the Florida
Legislature have enacted legislation providing for a drug free work
place; and
WHEREAS, society has become increasingly aware of
the impact of drug use on public safety; and
WHEREAS, the health, safety and welfare of the
community needs to be ensured; and it is recognized that illegal
drug use is one of the most destructive forces in our society
today; and
WHEREAS, as a result of the dramatic impact of drug
abuse-related crimes in the Dade County Community, resources of law
enforcement, prosecution, the courts and our corrections system
have been stretched; and
WHEREAS, as a result of this serious problem and
partly based on the emergence of the more affordable, extremely
addictive form of cocaine known as "crack" , Dade County' s crime
problem has soared. Since 1985, there has been a continual
increase in the use of crack cocaine in Dade County, and there have
been continual increases in street crimes such as Robbery,
Aggravated Assault and Auto Theft. These offenses are frequenly
committed by drug users to support their habit. Statistics
gathered from both criminal justice and treatment professionals in
a study conducted for "Strategies for Action" , a joint effort of
the Eleventh Judicial Circuit and Metro Dade County Government,
show the degree and intensity of the substance abuse problem within
our community as follows:
Conservatively, 80% of those booked on felony
1
charges at the Dade County Jail were under the influence of a drug
other than alcohol at the time of the arrest;
More than 120, 000 offenders were booked into the
Dade County Jail in 1988 ;
60% of the 120, 000 offenders have been booked into
jail on one or more occasions;
The cost of incarceration is approximately $17 , 000
per year per inmate;
The number of cocaine addicted babies born in the
State of Florida has grown from 200 in 1986 to over 10, 000 in 1988,
and in the area of treatment, treatment programs have been
"undervalued" as weapons in the so-called "drug war" , and funds for
treatment services in the State and County have been inadequate,
although there is scientific evidence indicating that treatment
works and is cost effective; and
WHEREAS, the Miami Beach City Commission recognizes
that there is a vicious cycle; drug abuse - criminal behavior -
jail, which needs to be interrupted, and that statistics show that
treating the individual as "an addict" rather than as a criminal
until that person demonstrates otherwise, therefore reaching the
offender (abuser) prior to him beginning the cycle is an innovative
alternative tool that should be employed; and that
WHEREAS, a plan concentrating strictly on the
"demand" side of the drug problem, targeting those individuals who
have come into contact with the criminal justice system or who were
about to come into contact with the criminal justice system was
implemented via a joint effort of the Eleventh Judicial Circuit and
Metro Dade County Government and focuses on comprehensive treatment
programs; and
WHEREAS, the 1988 National Household Survey released
by the National Institute on Drug Abuse reports that AIDS and crime
are particularly devastating and expensive byproducts of drug abuse
but that the problems also include family violence and child abuse,
increased cost of health care, diminished public safety, loss of
individual freedom and losses in work productivity; and
WHEREAS, the National Association of State Alcohol
and Drug Abuse Directors examined the evidence of more than 15
2
years of research on the effectiveness of substance abuse
treatment. The evidence demonstrates that drug abuse treatment is
effective in that drug treatment:
reduces drug abuse,
increases employment,
improves psychological adjustment,
decreases crime as well as other negative behaviors.
WHEREAS, as a result of the data compiled from the
National Household Survey conducted by the National Institute on
Drug Abuse, (released in July 1989) the conclusion reached is that
vigorous enforcement efforts are necessary to combat illegal drugs.
That the best hope for reducing the demand for drugs of all kinds
is through prevention and treatment efforts. TOPS, Treatment
Outcome Prospective Study, the largest, most comprehensive study of
the effectiveness of drug abuse treatment concludes that treatment
results in substantial decreases in drug abuse and its associated
consequences.
The TOPS study found that "three to five years after
leaving treatment, the proportion of clients involved in predatory
crimes was one-third to one-half of the pretreatment proportion.
WHEREAS, as studies have demonstrated the importance
of early intervention in combatting drug abuse, an alternate
effective tool is needed to assist educating and informing the
public about drug use and its effect on the community;
WHEREAS, employers of individuals involved in drug
abuse have been identified by the City of Miami Beach as a possible
conduit for reaching the employee early in the "drug cycle" ; and
WHEREAS, employers, if notified of an employees drug
arrest can offer treatment assistance to the employee by virtue of
various substance abuse programs available in Dade County, early
intervention can be achieved, therefore interrupting the cycle of
drugs, crime and jail, in addition to decreasing crime, AIDS,
cocaine babies and unemployment.
WHEREAS, the Miami Beach City Commission is
concerned about preventing substantial and potential harm to the
public which may result by virtue of continued undetected drug use
in the work place; and
3
WHEREAS, the Miami Beach City Commission having
concern for the safety of the City' s police officers and knowing
that police officers in the course of their employment face various
situations, many of which are related to drug use; and
WHEREAS, the Miami Beach City Commission is
concerned about preventing substantial and potential harm to its
police officers which may result by virtue of unrelated drug use in
the work place; and
WHEREAS, the City of Miami Beach has a
responsibility to protect the public by ensuring that employers are
provided with notification of the arrest of their employees for
narcotics violations, pursuant to Chapter 893 of the Florida State
Statutes, thereby enabling the employers to make informed decisions
in reference to the employees, the type of work they perform and
the potential effect narcotics use may have on the work they
perform and the public; and
WHEREAS, the Miami Beach Police Department is not by
virtue of the letter of notification advocating punitive measures,
but is advocating treatment, education and other positive measures
to break the drug abuse cycle.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1
That there be created a new Section 29-6 under Chapter 29 , to be
entitled "Notification of Arrest for Alleged Violation of Chapter
893 of the Florida State Statutes; Related to Narcotics Charges,
which reads as follows :
Section 29--6 - Notification of Arrest for Alleged Violation of
Chapter 893 of the Florida Statutes; Related to Narcotics Charges.
(a) In the interest of public safety, upon the arrest of a
person for a narcotics offense pursuant to Chapter 893 of the
Florida State Statutes, an employer responsible for an employees
supervision shall be sent substantially the following letter:
Name of Employer
Address of Employee
RE: Name of Employee
Address of Employee
4
Date of Arrest
Offense
Dear Name of Employer:
In the interest of protecting the public, and to
encourage assistance for those who may require counseling
or other assistance related to drug offenses, who may be
affected by your employee, , this
notice is being provided to you in accordance with
Section 29-6 of the City of Miami Beach Code.
Please note that who has
represented that he is in your employ, was arrested and
will be afforded all protections pursuant to due process
of the law. Because arrested individuals are presumed
innocent until and ,if proven guilty in our criminal
justice system, this letter is to be considered
notification of only the arrest of the above-named
employee, which is a matter of public record. This
letter is not intended to comment on guilt or innocence
of this employee.
If after an independent evaluation by you, you
determine that the employee may have a drug problem or be
connected to someone who has a drug problem, we urge you
to encourage the employee to seek counseling,
rehabilitation or assistance. A list of providers in
Dade County who can offer such services for drug abuse
and related assistance is attached hereto.
Please be advised that this notification should not
be a basis for termination or any other punitive action
against the employee. Any termination or action taken
based solely upon this notification prior to conviction
in the court may violate the employee' s constitutional
rights. Further the employee' s right of privacy should
be protected.
In recognizing that drug abuse and its related
activities are a community problem and that individual
awareness and responsibility is critical in helping to
abate the problem, we are notifying you so that you may
appropriately respond.
5
Yours truly,
(b) The fourth paragraph of the above letter shall be in bold
face type.
(c) The Chief of Police shall be authorized to promulgate and
develop a plan for implementation of this section, to ensure that
the purpose of notification is accomplished.
SECTION 2 : SEVERABILITY
If any section, sentence, clause or phrase of this
Ordinance is held 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 3 : REPEALER
That all Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 4 : EFFECTIVE DATE
This Ordinance shall take effect (10) ten days after its
adoption on February 2 1991 .
PASSED and ADOPTED this 23rd day of January 1991.
/1N)/i&
IL'�A
VICE -MAYOR
ATTEST:
CITY CLERK
1st Reading - 21 November 1990
2nd Reading - January 23, 1991
� 2) 02� /99/
LEGAL DE ARTMENT DATE
MYS/pb
•
6
Date:
Name of Employer
Address of Employer
Re: Name of Employee
Address of Employee
Date of Arrest:
Offense:
Dear Name of Employer:
In the interest of protecting the public, and to encourage
assistance for those who may require counseling or other assistance
related to drug offenses, who may be affected by your employee,
, this notice is being provided to you in
accordance with Section 29-6 of the City of Miami Beach Code.
Please note that , who has represented
that he is in your employ, was arrested and will be afforded all
protections pursuant to due process of the law. Because arrested
individuals are presumed innocent until and if proven guilty in our
criminal justice system, this letter is to be considered
notification of only the arrest of the above-named employee, which
is a matter of public record. This letter is not intended to
comment on guilt or innocence of this employee.
If after an independent evaluation by you, you determine that
the employee may have a drug problem or be connected to someone who
has a drug problem, we urge you to encourage the employee to seek
counseling, rehabilitation or assistance. A list of providers in
Dade County who can offer such services for drug abuse and related
assistance is attached hereto.
Please be advised that this notification should not be a basis
for termination or any other punitive action against the employee.
Any termination or action taken based solely upon this notification
prior to conviction in the court may violate the employee' s
constitutional rights. Further the employee' s right of privacy
should be protected.
In recognizing that drug abuse and its related activities are
a community problem and that individual awareness and
responsibility is critical in helping to abate the problem, we are
notifying you so that you may appropriately respond.
Yours truly,
nwurLv nl Vle 1 vverelYee)JIVI!
MEETING OF_4zti10
AGAPE WOMEN'S HOME COMMUNITY HEALTH, INC.
17130 Southwest 137 Ave. OF SOUTH DADE
Miami, Florida 33177 Main Office .
(305) 233 2064 10300 S.W. 216 St.
Miami, Florida 33070
BELAFONTE TACOLCY SCHOOL (305) 252 4800 (crisis)
6161 N.W. 9 Ave. 252 4840 (mental)
Miami, Florida 33127
(305) 751 1295 Martin Luther King Center
810 Mowry St.a 33137
BERTHA ABESS CHILDREN'S CENTER, INC. Homestead, Florida 33030
2600 S.W. 2 Ave. (305) 248 4334
Miami, Florida
(305) 858 7800 Project Support Children's
Center
CATHOLIC COMMUNITY SERVICES 11295 S.W. 216St. 132
Bethesda Manor Miami, Florida 33070
401 N.E. 26 St. (305) 252 2625
Miami, Florida 33131
(305) 573 1031 CONCEPT HOUSE
162 N.E. 49 St.
Genesis House Miami, Florida 33137
3675 S. Miami Ave. (305) 751 6501
Miami, Florida 33133
(305) 856 1043 DADE SCHOOLS AND
NEIGHBORHOOD
St. Luke 's Center CONSORTIUM
3290 N.W. 7 St. 1450 N.E. 2 Ave. #750
Miami, Florida 33125 Miami, Florida 33132
(305) 643 4040 (305) 995 1789
CENTER for FAMILY & CHILDREN DOUGLAS GARDENS COMMUNITY
ENRICHMENT MENTAL HEALTH CENTER OF
1825 N.W. 167 St. Suite 107 MIAMI BEACH, INC. (MMHC)
Miami, Florida 33056 Main Office
(305) 624 7450 701 Lincoln Road
Miami Beach, Florida 33139
CHILDREN'S PSYCHIATRIC CENTER (305) 531 5341
North Dade Unit
15155 N.W. 7 Ave. Geriatric Residential
Miami, Florida 33169 Treatment Systems
(305) 685 0381 1733 N.E. 162 St.
N. Miami Beach, Florida
33162
Residential Program Office (305) 945 5340
9380 Sunset Dr. B-125
Miami, Florida 33173 FAMILY COUNSELING SERVICES
(305) 271 5700 OF GREATER ML4MI
75 S.W. 8 St. Suite 302
COMMUNITY CRUSADE AGAINST DRUGS OF Miami, Florida 33130
SOUTH FLORIDA, INC. (305) 379 5730
11380 N.W. 27 Ave. Rm. 1383
Miami, Florida 33167
(305) 347 1634 -
-1-
FAMILY COUNSELING SERVICES 'HERE'S HELP, INC.
OF GREATER MIAMI North Office
North Dade Office 15100 N.W. 27 Ave.
111 N.W. 183 St. Suite 408 Miami, Florida 33054
Miami, Florida 33169 (305) 685 8201
(305) 653 9908
South Office
West Dade Office 12645 S. Dixie Highway
9370 Sunset Dr. Rm. 260 Miami, Florida 33156
Miami, Florida (305) 238 8500
(303) 279 3322
INFORMED FAMILIES, INC.
South Dade Office 9200 S. Dadeland Blvd. #509
10700 Caribbean Blvd. Miami, Florida 33156
Miami, Florida (305) 670 4886
(305) 232 1610
JACKSON MEMORIAL HOSPITAL
Positive Start Psychiatric Emergency Serv.
300 E. 1 Ave. 1611 N.W. 12 Ave.
Hialeah, Florida 33013 Miami, Florida 33136
(305) 884 1134 (305) 549 6487
FAMILY HEALTH CENTER Forensic Services
Addiction & Preventive JMH Towers - Suite 1204W
HEALTH Services 1500 N.W. 12 Ave.
Main Office Miami, Florida 33136
5361 N.W. 22 Ave. (305) 549 6880
Miami, Florida 33142
(305) 637 6400 JAMES E. SCOTT COMMUNITY
ASSOCIATION
Family Health Center Family Management Program
490 E. Hialeah Dr. 5400 N.W. 22 Ave. #204
Hialeah, Florida 33010 Miami, Florida 33142
(305) 884 4573 (305) 634 5625
FELLOWSHIP HOUSE LOCK TOWNS COMMUNITY
5711 S. Dixie Highway MENTAL HEALTH CENTER (CMHC)
S. Miami, Florida 33143 Main Office
(305) 667 1036 18475 N.W. 2 Ave.
Miami, Florida 33169
GUIDANCE CLINIC OF THE (305) 653 6594
MIDDLE KEYS
11399 Overseas Highway Crisis Stabilization Unit
Marathon Shores, Florida 33053 15055 N.W. 27 Ave.
(305) 743 9491 Opa Locka, Florida 33054
(305) 681 2631
GUIDANCE CLINIC OF THE
MIDDLE KEYS Daybreak South
92140 Overseas Highway 16555 N.W. 25 Ave.
Tavernier, Florida 33070 Miami, Florida 33054
(305) 852 3284 (305) 620 3740
•
-2-
LOCK TOWNS COMMUNITY METRO-DADE COUNTY OFFICE OF
MENTAL HEALTH CENTER (CMHC) REHABILITATIVE SERVICES
Project Impact Jack Orr Branch
16555 N.W. 25 Ave. 31601 S.W. 197 Ave.
Opa Locka, Florida 33025 Homestead, Florida 33030
(305) 620 3740 (305) •245 5805
Satellite Office Juvenile Day ,Treatment
15055 N.W. 27 Ave. Program
Opa Locka, Florida 33054 5850 Biscayne Blvd.
(305) 681 2095 Miami, Florida 33137
(305) 758 6920
Sub Arts
1000 S.W. 84 Ave. Juvenile Outpatient
Pembroke Pines, Florida 33025 Treatment Center
(305) 625 4881 1515 N.W. 7 St. 1213
Miami, Florida 33125
MENTAL HEALTH CENTER OF THE LOWER (305) 547 7890
KEYS
Truman Annex Building 1612 Juvenile Residential
P.O. Box 488 Program
Key West, Florida 33041 11025 S.W. -84 St.
(305) 292 6843 Cottage 11 .,and 13
Miami, Florida 33173
METATHERAPY INSTITUTE, INC. (305) 598 3706
27200 Old Dixie Highway
Naranja, Florida 33032 Merrimac Treatment. Unit
(305) 247 4515 1033 N.W. 6 St.
Miami, Florida 33136
METRO-DADE COUNTY OFFICE (305) 325 1141
OF REHABILITATIVE SERVICES
Central Intake Detox Center New Opportunity Program
2500 N.W. 22 Ave. 777 N.W. 30 St.
Miami, Florida 33142 Miami, Florida 33127
(305) 638 6540 (305) 638 6620
Central Methadone North Dade Treatment Center
1600 N.W. 3 Ave. 2902 N.W. 2 Ave.
Miami, Florida 33136 Miami, Florida 33137
(305) 2820 (305) 576 5459
Diversion and Treatment North Dade Treatment Center
Program North County Branch
2500 N.W. 62 St. 16405 N.W. . 25 Ave.
Miami, Florida 33142 Miami, Florida 33056
(305) 638 6353 (305) 621 6224
Edracation & Treatment Center Short Term Treatment Unit
600 N.W. 35 Ave. # 201 536 N.E. 31 St.
Miami, Florida 33125 Miami, Florida 33137
(305) 642 3224 (305) 5/6 8640
-3-
METRO-DADE COUNTY OF Woods Treatment Unit
REHABILITATIVE SERVICES 189 N.E. 26 St.
South Dade Treatment Center Miami, Florida 33137
7995 S.W. 112 St. (305) 573 4643
Miami, Florida 33156
(305) 279 8716 MIAMI MENTAL HEALTH CENTER
INC. (CMHC)
South Dade Treatment Center Main Office
Naranja Unit 2141 S.W. 1 St.
13955 S.W. 264 St. Miami. Florida 33135
Naranja, Florida 33031 (305) 643 1660
(305) 279 8716
Casa Nueva Vida
Stockade Unit 1560 S.W. 1 St.
6950 N.W. 41 St. Miami, Florida 33135
Miami, Florida 33165 (305) 643 1660/7787
(305) 547 5040
Coconut Grove Branch
Structured Treatment Program 3220 S. Dixie Highway
600 N.E. 27 St. Miami, . Florida 33133
Miami, Florida 33127 (305) 442 0748
(305) 576 0290
Villa Maxine
TASC Court Services 2100 W. Flagler St.
1500 N.W. 12 Ave. #715 Miami, Florida 33135
Miami, FloridA 33125 (305) 643 1660
(305) 547 5040
NEW HORIZONS COMMUNITY
TASC Court Services a MENTAL HEALTH CENTER (CMHC)
Branch Office Main Office
1401 S.W. 1 St: #212 1461 N.W. 36 St.
Miami, Florida 33125 Miami,, Florida 33142
(305) 547 5040 (305) 634 6903
TASC In-Jail Treatment Branch Office I
Men' s Program 1600 N.W. 3 Ave.
1300 N.W. 13 Ave. Miami, Florida 33142
Miami, Florida 33125 (305) 573 1832
(305) 547 5408
Branch Office II
Women's Program 1481 N.W. 36 St.
1401 N.W. 7 Ave. Miami, Florida 33142
Miami, Florida 33136 (305) 634 6903
(305) 545 5040'
NORTH MIAMI COMMUNITY
TASC-Juvenile Referral program MENTAL HEALTH CENTER (CMHC)
3300 N.W. 27 Ave. Main Office
Miami, Florida 33142 9400 N.W. 12 Ave.
(305) 638 6005 Miami, Florida 33150
(305) 691 0091
Youth & Family Development Center
1701 N.W. 30 Ave.
Miami, Florida 33125
(305) 633 6481 -4-
NORTH MIAMI COMMUNITY Outpatient Alcohol/Drug
MENTAL HEALTH CENTER (CMHC) 8353 S.W. 124 St.
Miami Shores Branch Suite 107 ';:, '" '.: .
9325 Park Dr. Suite F Miami, Floida 33156
Miami Shores, Florida (305) 233 0513
(305) 751 5700
SWITCHBOARD OF MIAMI, INC.
NORTHWEST DADE CENTER, INC. 24 hour Crisis Hotline
Main Office 75 S.W. 8 St. 4th fl.
1840 W. 49 St. Miami, Florida 33130 ,
Hialeah, Florida 33012 (305) 358 HELP (4357)
(305) 825 0300
The Link Youth Hotline
Crisis Stabilization Unit 75 S.W. 8 St. 4th fl.
106 W. 9 St. Miami, Florida 33130
Hialeah, Florida 33010 (305) _377 TEEN (8336)
(305) 884 4400 (24 hrs. ) •
Outside Dade'County
Residential Program 1 800 273 8333
308 E. 9 St.
Hialeah, Florida 33010 New Incentive Program
(305) 887 5826 75 S.W. 8 St. : 4th fl.
Miami; Florida 33130 ;,,
Adult Skills Training (305) 358 1640 '
3380 N.W. 79°'St. 358 HELP (4357) (24 hours)
Miami, Florida 33147
(305) 835 0300 UP FRONT, INC.
•
OVERALL TENANTS ADVISORY ,
S5701BeiscayneBlvd.
COUNCIL/LIBERTY SQUARE Miami,i602
CRIME PREVENTION PROGRAM (35) 757F702566 33137°
6302 N.W. 14 Court (305) 2566
Miami, Florida 33147 THE VILLAGE ,SOUTH, INC..
(305) 835 0256 Administrative Office, "
PARENT RESOURCE CENTER 3180 Biscayne Boulevard
Miami, Florida 33137
75 S.W. 8 St. 3rd fl.
(305) ° 573 3784
Miami, Florida 33130
(305) 358 8238 4900 N.E. 2 `Ave.
PASSAGEWAY RESIDENCE OF DADE Florida 33137
900 N.W. 7 Ave. (305) 573 3784
Miami, Florida 33136
(305) 326 0040 400 N.E. 31 St.
Miami, • Florida 33137
SPECTRUM PROGRAMS (305).;..5733784
140 N.W. 59 st.
AMERICAN BIODYNE, INC.
Miami, Florida 33127
(305) 759 8887 780 Le. Jeune Road
Suite, 436
Outpatient Alcohol/Drug Miami's Florida 33126
11055 N.E. 6 Ave. (305) 446 4564 .
Miami, Florida 33161
(305) 754 1683
. �5-
ASPIRA OF FLORIDA .FLORIDA INTERNATIONAL
2902 N.W. 2 Ave. UNIVERSITY ALCOHOL AND
Miami, Florida 33127 DRUG RESOURCE CENTER
(305) 576 1512 UH 319 University Park
ASSOCIATES FOR PSYCHOLOGICAL Miamus
SERVICES Miami, Florida 33199
269 Krome Ave. (305) 554 3437
Homestead, ,Florida 33030 HEALTH CRISIS NETWORK
(305) 245 3875 Outpatient Addiction
THE CENTRE FOR COUNSELING AND Service
CATION, INC. 1357 N.W. 20 St.
EDUCATION,
Miami, Florida 33142
Main TION,
17511 S. Dixie Highway (305) 326 8833
Miami, Florida 33157 MADAN CENTER, COUNSELING
(305) 232 3403 AND COURT SERVICES
North Office 3 Palmetto Dr.
13499 Biscayne Blvd. #212 (305)Miami Springs, Florida
N. Miami, Florida 33181 33166)
887 9991
(305) 232 3403MIAMI INSTITUT
OF
COMPREHENSIVE PSYCHIATRIC CENTER ADDICTIONOLOGYEAND
North Office COUNSELING, INC.
838 N.W. 183 St. #203 '9230 Bird Road #D
Miami, Florida 33169 Miami, Florida 33165
(305) 651 8235 (305) 221 0077
South Office MIAMI MENTAL HEALTH
9735 Fern St. CENTER, INC.. (CMHC)
Miami, Florida 33157 Westchester Branch
(305) 238 5121 2648 S.W. 87 Ave.
COUNSELING AND EVALUATION Mi0 ) Florida 33165
(3
CENTER, INC. (3055) 553 4322
643 1660 (main office)
Kendall Office
8740 N. Kendall Dr. #212 FLOWERS OUTPATIENT PROGRAM
Miami, Florida 33176 North Office
(305) 598 0558 5200 N.W. 84 Ave. #111
Hialeah Office Miami, Florida 33166
1490 W. 49 P1. #390 (305) 591 9317
Hialeah, Florida 33012 South Office
(305) 822 0147 16201 S.W. 95 Ave. Lobby II
CITIZEN'S CRIME WATCH Miami, Florida 33157
5220 Biscayne Boulevard #200 (305) 251 9950
Miami, Florida 33137 RE-DIRECTION: A PARTIAL
(305) 756 0582 HOSPITALIZATION PROGRAM
1190 N.E. 163 St. #135
N. Miami Beach, Florida
33162
(305) 497 0999
THE TWELVE STEPS CENTER, INC.
4203 Ponce de Leon Blvd.
Coral Gables, Florida 33146 -6-
(305) 445 0080
TRANSITION RECOVERY PROGRAM
16666 N.E. 19 Ave.
N. Miami Beach, Florida 33162
(305) 940 1945
CITY OF MIAMI BEACH M oILBIEgCCFH
pOU
FLORIDA 33139
______
PHILLIP G. HUBER POLICE DEPARTMENT
CHIEF OF POLICE GENERAL ORDER NO. 05-91 1100 WASHINGTON AVENUE
TEL NO. 673-7925
14 January 1991
TO: All Personnel: To Be Announced At Roll Call Sessions For
Four (4) Consecutive Days And Posted On The Bulletin
Board For A Period Of Thirty (30) Days.
FROM: CHIEF PHILLIP G. HUBER
SUBJECT: EMPLOYER NOTIFICATION OF EMPLOYEES ARRESTED
FOR DRUG OFFENSES
I. BACKGROUND
Studies have demonttrated the importance of early
intervention in combatting drug abuse and an alternate
effective tool is needed to assist educating and
informing the public about drug use and its effect on the
community. Employers of individuals involved in drug
abuse have been identified by the City of Miami Beach as
a possible conduit for reaching the employee early in the
"drug cycle" . Employers can offer treatment assistance
to the employee by virtue of various substance abuse
programs available in Dade County, therefore interrupting
the cycle of drugs, crime and jail, in addition to
decreasing crime, Aids, cocaine babies and unemployment.
We are also concerned about preventing substantial and
potential harm to the public which may result by virtue
of continued undetected drug use in the work place.
II. PURPOSE
To develop procedures to notify employers of the arrest
of their employees for narcotics violations, pursuant to
Chapter 893 of the Florida State Statutes, thereby
enabling the employers to make informal decisions in
reference to the employees, the type of work they perform
and the potential effect narcotics use may have on the
work they perform and the public.
III. METHOD
There is created a new Section 29-6 under Chapter 29 of
the City of Miami Beach Code to be entitled "Notification
of Arrest for Alleged Violation of Chapter 893 of the
Florida Statutes; Related to Narcotics Charges" . In the
interest of public safety, upon the arrest of a person
for a narcotics offense pursuant to Chapter 893 of the
Florida statutes, an employer responsible for an employee
shall be sent a notification letter. (Appendix A)
IV. PROCEDURES
The Chief of Police shall be authorized to promulgate and
develop a plan for implementation of this Ordinance to
ensure that the goal of notification is accomplished.
A. Patrol Responsibility - Subject Arrested for Narcotics
Violation
1. Arresting officer will advise arrested individual
that a letter of notification of his arrest will be sent
to his employer within 24 hours.
2 . Arresting officer obtains employment information
from subject and indicates employer' s name, address and
contact telephone number on Arrest Form (A-Form) on the
line entitled "business address" .
3 . If subject refuses to provide information pertaining
to employment, have officer followup at time of transfer
to corrections, via bond release information, pretrial
release program, etc. . The telephone number for Pre-
Trial Release - Diversion Program is 547 7903 .
4 . Officer will stamp the A-Form "Drug Arrest -
Employer Info" . The stamp will be located at the RCC,
Records Control Center. Officer will be responsible for
making an additional copy of A-Form for the Police Legal
Unit.
5. Officer will place a copy of the completed report
before the next business day in the Police Legal basket
located at the RCC desk.
B. Supervisors Responsibility
1. Arrest reports will be reviewed and flagged by
arresting officers supervisor to ensure name, address and
phone number of arrested subject' s employer is included
in A-Form.
C. Police Legal Unit Responsibility
1. Police Legal Unit Personnel will be responsible to
pick up the A-Forms prior to 0900 hours daily from the
RCC desk. A bin will be provided for the Legal Unit for
the Reports.
2 . Upon receipt of A-Forms stamped "Drug Arrest -
Employer Info" , the Police Legal Unit will insure the
report is complete and maintain a copy of all A-Forms in
their office.
3 . An interview with the arresting officer will be
scheduled immediately if additional information is
considered necessary by Legal Advisor prior to sending
letter.
4 . The Legal Advisor will prepare the notification
letter, and send letter by Certified Mail to arrested
subject' s employer.
5. The Police Legal Unit will keep all letters and
backup information on file in their office.
6. The Police Legal Unit will be responsible to monitor
the program and provide monthly statistics to the Office
of the Chief.
cc: Assistant Chief Guasto
Assistant Chief Mackie
Major Solowitz
Major Hasley
Captain Barreto
Captain Conwell
Captain DeLeo
Captain Forester
Captain Forsyth
Captain Rantanen
Captain Robbins
Captain Tollefsen
Marjorie Y. Sakin
Teresita Roche
Stan Berlinsky
Ed Young
Bulletin Boards
PGH:RF:pb
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PM^EFLORIDA 3 3 1 3 9
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
O MEMORANDUM NO. �� .
COMMISSION MORA 475_ 90
DATE: October 24 , 1990
TO: Mayor Alex Daou• . •
Members of t - ity Commi i•
FROM: Rob W. Park •s 1� ji r,�
City Manager 'AO 1
SUBJECT: AMENDING CHAPTER 29 "POLICE DEPARTMENT" BY CREATING
SECTION 29-6 PROVIDING FOR NOTIFICATION TO EMPLOYERS
OF EMPLOYEES ARRESTED FOR NARCOTIC LAW VIOLATIONS
As our community has become increasingly aware of the
impact of drug use on public safety, and there is a
growing demand for a drug free America, appropriate
measures are recognized as being necessary to help
safeguard the general public. With this in mind, the
Administration believes that the need exists for
additional alternative anti-drug efforts to be
implemented in our community. By ensuring that
employers are assisted in detecting drug use in the
work place, employers can then be utilized as conduits
in helping to break the cycle of drug abuse and crime.
Employers, if notified, can provide employees with
treatment options early in the drug abuse cycle. Such
treatment options provided to employees may make a
great difference.
ADMIAISTRATION RECOMMENDATION
The addition of Section 29-6 to existing Chapter 29 ,
"Police Department" , of the Code of the City of Miami
Beach will enable the Police Department to send
letters to employers of persons arrested for the use,
sale, or possession of controlled substances. This
notification will make it possible for employers to
become aware of the problem and involved early on in
assisting the employee in obtaining treatment for a
possible drug problem. The employer can determine
whether counseling, treatment or leaves of absence may
be appropriate.
The Administration recommends that the City Commission
approve the Amendment to Chapter 29, creating Section
29-6, thereby allowing the Miami Beach Police
Department to notify employers of drug arrests
involving employees.
RWP/MYS/pb
84
AGENDA `�
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