Ordinance 2023-4563 ORDINANCE NO: 2023-4563
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "GENERAL PROVISIONS,"
BY AMENDING SECTION 1-14 THEREOF, ENTITLED "GENERAL
PENALTY; CONTINUING VIOLATIONS," TO ESTABLISH PROBATION AS
A POTENTIAL PENALTY THAT MAY BE IMPOSED FOR ANY CRIMINAL
VIOLATION OF THE CITY CODE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30023, which authorized the City Attorney's Office to commence the in-house
prosecution, by and through a City municipal prosecution team, of those individuals exclusively
charged with violating the City's criminal ordinances; and
WHEREAS, the Miami-Dade State Attorney's Office (the "Miami-Dade SAO") continues
to be the prosecutorial entity responsible for the prosecution of those offenders arrested for the
commission of all felony, misdemeanor, and/or County ordinance violations committed in Miami-
Dade County; and
WHEREAS, due in part to its reputation as an internationally renowned tourist destination
and the constant heavy influx of tourists and other visitors, the City continually contends with
many quality of life criminal offenses being committed within its jurisdictional bounds; and
WHEREAS, the commission of misdemeanor and municipal ordinance offenses adversely
impacts residents' quality of life and tourists' vacation experience, and continues to generate an
inordinate number of issues and complaints from the City's residents, visitors, and business
establishments; and
WHEREAS, Florida caselaw has established that a municipality may enact an ordinance
which creates an offense against municipal law for the same act that constitutes an offense
against State law (see Jaramillo v. City of Homestead, 322 So.2d 496 (Fla. 1975)); and
- WHEREAS, on March 9, 2022, the Mayor and City Commission adopted Ordinance No.
2022-4477,which created specific offenses against municipal law for the same acts that constitute
the State law misdemeanor offenses of battery (non-domestic), criminal mischief and exposure
of sexual organs (indecent exposure); and
WHEREAS, on October 27, 2022, the Mayor and City Commission adopted Ordinance
No. 2022-4520 which created a specific offense against municipal law for the same acts that
constitute the State law misdemeanor offense of disorderly conduct/ breach of the peace; and
WHEREAS, presently, section 1-14 of the City of Miami Beach Code of Laws and
Ordinances provides that any violation(s) of the City's criminal ordinances shall be punished by a
fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such
fine and imprisonment; and
WHEREAS, Florida Statute 948.01 provides' that if a defendant is found guilty of a
nonfelony offense as the result of a trial or entry of a plea of guilty or nolo contendre, regardless
of whether adjudication is withheld, the court may place the defendant on probation; and
WHEREAS, a probationary sentence enables the Court to impose certain mandatory conditions of the defendant's probation including, but not limited to, stay away orders and
restitution; and
WHEREAS, the Mayor and City Commission hereby desire to adopt the following
amendment in order to establish a probation as a potential punishment for those defendants found
to be in violation any City criminal ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
-OF THE CITY OF MIAMI BEACH; FLORIDA, AS FOLLOWS:
SECTION 1.Section 1-14 of Chapter 1 of the Code of the City of Miami Beach is hereby amended
as follows:
CHAPTER 1
GENERAL PROVISIONS
Sec. 1-14.Definitions.
Sec. 11-14.-General penalty; continuing violations. .
(a) Whenever in this Code or in any otherr ordinance of the city or in any rule, regulation or
order promulgated by any officer or agency of the city under authority duly vested in #in}
such authority or if any act is prohibited or is made or declared to be unlawful or an offense,
or the doing of any act is required or the failure to do any act is declared to be unlawful or
an offense, where no specific penalty is provided therefor, the violation of any.such
provision of this Code or other ordinance, rule, regulation or order shall be punished by a
fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by
both such fine and imprisonment. Notwithstanding the foregoing, the trial court in its
discretion may, in any. case (including cases when adjudication is withheld), place a
defendant on probation in accordance with Chapter 948 of the.Florida Statutes.
(b) In addition to the penalties provided in subsection (a), any condition caused or permitted
to exist in violation of any of the provisions of this Code or other ordinance, rule, regulation
or order shall be deemed a public nuisance and may be abated by the city as provided by
law; and each day that such condition continues shall be regarded as a new and separate
offense. .
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on ji4(7, g a°23
PASSED and ADOPTED this a$ day of 1014 , 2023.
ATTEST:
Dan Gelber
JUL — 2023 Mayor
Rafael rang o ♦�,,,8.�11,,
City Clerk : 1
(Sponsored by Commissioner Steven Meiner) 1 kIIICORP oRA1ED)
Underline denotes additions
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Str-iketh denotes deletions
APPROVED AS TO
FORM& LANGUAGE
&FOR EXECUTION
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City Attorney Date
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Ordinances - R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 28, 2023
1:40 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "GENERAL
PROVISIONS," BY AMENDING SECTION 1-14 THEREOF, ENTITLED
"GENERAL PENALTY; CONTINUING VIOLATIONS," TO ESTABLISH
PROBATION AS A POTENTIAL PENALTY THAT MAY BE IMPOSED FOR
ANY CRIMINAL VIOLATION OF THE CITY CODE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking.
Office of the City Attorney
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Page 1005 of 1808
Description
❑ Commission Memorandum
❑ Ordinance
•
Page 1006 of 1808
BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney Second Reading/Public Hearing
DATE: June 28, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
"GENERAL PROVISIONS," BY AMENDING SECTION 1-14 THEREOF,
ENTITLED "GENERAL PENALTY; CONTINUING VIOLATIONS," TO
ESTABLISH PROBATION AS A POTENTIAL PENALTY THAT MAY BE
IMPOSED FOR ANY CRIMINAL VIOLATION OF THE CITY CODE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance"), sponsored by Commissioner Steven Meiner,
is submitted for second reading/public hearing at the June 28, 2023 City Commission
meeting after being unanimously approved, without modification, at first reading on May
17, 2023.
Presently, Section 1-14 of the City of Miami Beach Code of Laws and Ordinances
provides that any violation(s)of the City's criminal ordinances shall be punished by a fine
not exceeding $500.00 or by imprisonment for a term not exceeding 60 days;or by both
such fine and imprisonment.
Probation is not currently authorized as a potential penalty for defendants found in
violation of the City's criminal ordinances. The proposed Ordinance would amend Section
1-14 of the City Code, to provide the legal authority for the City to tender probationary
plea offers to criminal defendants, and further authorize the Court to place defendants
prosecuted by the City's Municipal Prosecutors on probation. By including probation as a
potential sentence for criminal municipal ordinance offenders, the City's Municipal
Prosecutors can offer, and the Court can impose, certain mandatory conditions as part of
the defendant's probationary sentence including, but not limited to, stay away orders and
restitution. Moreover, any defendant found by the Court to be in violation of any
condition(s) of his or her probation will be subject to potential consequences for violating
probation, up to and including incarceration in County jail.
RAP/MAF/bhs
Page 1007 of 1808