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Ordinance 2024-4597 ORDINANCE NO. 2024-4597 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-1 THEREOF, ENTITLED "STATE MISDEMEANORS," BY REPEALING SUBSECTION (b) THEREOF, WHICH PROVIDES CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS (MARIJUANA) IN AN AMOUNT OF 20 GRAMS OR LESS AND POSSESSION OF DRUG PARAPHERNALIA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Charter of City of Miami Beach grants the Mayor and City Commission with home rule power to enact an Ordinance that does not conflict with State law; and WHEREAS, the City has adopted section 70-1(a), which makes any act that is or shall be recognized by the laws of the State of Florida as a misdemeanor, thereby being criminally prohibited throughout the City; and WHEREAS, a person convicted for commission of an act defined as a misdemeanor pursuant to section 70-1(a), may be punished imprisonment up to 364 days in jail or by a fine of up to $500 (or both)for a first-degree misdemeanor, and up to 60 days in jail or by a fine of up to $500 (or both)for a second-degree misdemeanor; and WHEREAS, in 2015, the Mayor and City Commission adopted Ordinance No. 2015-3950 (the "Ordinance"), which established a civil enforcement option for the State misdemeanor offenses of possession of cannabis in the amount of 20 grams or less, and the possession of drug paraphernalia, as codified in Section 701(b) of the City Code.; and WHEREAS, under the Ordinance, the Miami Beach Police Department has the discretion to issue a civil citation, pursuant to Section 70-1(b), in lieu of arresting a person for the commission of those two (2) State law misdemeanor offenses; and WHEREAS, since the Ordinance's enactment approximately eight (8) years ago, the MBPD has only issued approximately nine (9)such civil citations instead of effectuating an arrest; and WHEREAS, in 2018, the City Commission established the City's own Municipal Prosecution Program, which is the only of its kind in Miami-Dade County; and WHEREAS, subsequent City Commissions have expanded the staffing and scope of the City's Municipal Prosecution Program by adding more municipal prosecutors, more legal assistants, and additional criminal offenses that may be charged and prosecuted by the City's Municipal Prosecution Team; and WHEREAS, repealing the Ordinance (and consequently, Section 70-1(b)) is appropriate. and sensible considering MBPD's limited usage of the civil citation option provided by the Ordinance, in conjunction with the overall policy shift of the City Commission towards more robustly enforcing and prosecuting quality of life offenses in the City. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS: SECTION 1. That Article I, entitled "In General," of Chapter 70, entitled "Miscellaneous Offenses," of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 70 MISCELLANEOUS OFFENSES * * * ARTICLE I. IN GENERAL * * * Sec. 70-1. State misdemeanors. (a) It shall be unlawful for any person to commit within the city any act that is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby forbidden. (b) Repealed. Notwithstanding subsection (a), the following misdemeanor(s) under state law are eligible to receive a civil violation notice, at the discretion of a law enforcement officer, driving under the influence, incident involving domestic violence, or violent crime, as those terms are defined under state law: � (1) Possess• n of canna i bis n an amount of 2(� ms n�ssas set fo hnFS' 893 13(6)(b) as such may be amended from tim e�,�to time; and/or (2) Posse sion of drug paraphernalia as set forth in C Q § 893 146 and 893 1 A7/1\/h\ as such may be amended from time to time. be s7ubject-to the- one set forth herein (3\ D alties and fore t �-et�uc�-uncr2rlroroe�e r�r. a. [Civil fine.]A person violating subsection (b)(1) or (2) shall receive a civil fine of $4004A7 b. Enforcement. The Miami Beach police department shall enforce this section. This shall of p clude other law enforcement agencies from i action to assure emplian this—section and all applicable laws If a police officer finds a violation of (b)(1) or M1 the police officer will be authorized to issue a' notice of violation. The notice shall inform the violator of the nature of the violation, amount a special magistrate within ten days after service of the notice of violation, and that the fair fe to apn l the violation within t days of service shall constitute an zrr ea crT-Z�R�caya�avrv7vc�riuTr-vvrracrca-rr.-crn admission of the violation and a waiver of the right to a hearing c. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to 2 1. A violator who has been served with a notice of violation-must elect to either: i Day Oho civil fine in Oho ann indicated on the notice of violation• or r—r-u�Zrrc�rrrc-mZrrc-�urn-rer�rrmvcc a-vrrcrtcTrvzror.-oT cTOTcrcrorror ii. Request an administrative hearing before a special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30 72 and 30 73 of this Code. Applications for hearings must be accompanied by a fee as approved by a resolution of the city comrnmmis�ion,whi shall T ended if the named violator prevails in the appeal. 3. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the police officer. The failure of the named violator to appeal the decision of the police officer within the prescriber! time period shall constitute a waiver_ of the violator's right to an administrative hearing before the special magistrate, end shell be-treater) an admiss Hof tt a la n for which fines and penalties shall be assessed accordingly. 4 A certifier! copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the r,violato which gi ma be enforced in the same n maner_as r a court judgement by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes On or after the 61 s4 day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien. 5 Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction. 6. The special magistrate shall be prohibited from hearing the merits of the notice of-vielatien-er-GeReidefing-the-timeliness-ef-a-request-foF-an-administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation. 7. The special magistrate shall not have discretion to alter the penalties prescribed in subsection (3)a. (c) It shall be unlawful for any person to commit. within the city, any act that is or shall be recognized as a misdemeanor battery, as such offense is set forth in F.S. § 784.03. (d) It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor criminal mischief, as such offense is set forth in F.S. §806.13. (e) It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor exposure of sexual organs (indecent exposure), as such offense is set forth in F.S. § 800.03. (f) It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor breach of the peace/disorderly conduct, as such offense is set forth in F.S. § 877.03. 3 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered 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 the tenth (10th) day following its adoption. PASSED AND ADOPTED this at day of e ru4r y , 2024. ATTEST: • FEB 2 3 2024 Mayor Steven Meiner Rafael E. Granado, City Clerk 4y BEq�,ytiM1/Iy. Underline denotes additions. ; tpugp OAAZED s' Strikethrough denotes deletions. 44;1444\$.. _ `^= (Sponsored by Commissioner Alex J. Fernandez) Co-Sponsored by Mayor Steven Meiner Co-Sponsored by Commissioner David Suarez . APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION Y r d I` Z u_ -2-}'1 City Attorney��A to 4 • Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: February 21, 2024 10:50 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-1 THEREOF, ENTITLED "STATE MISDEMEANORS," BY REPEALING SUBSECTION (B) THEREOF, WHICH PROVIDES CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS (MARIJUANA) IN AN AMOUNT OF 20 GRAMS OR LESS AND POSSESSION OF DRUG PARAPHERNALIA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE. BACKGROUND/HISTORY Was 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 name of lobbyist(s)and principal(s): N/A ANALYSIS The proposed Ordinance was approved on first reading at the January 31,'2024 City Commission meeting. NO changes have been made between first and second reading. The Business Impact Estimate(BIE)was published on February 9, 2024. See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION None 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 Page 542 of 1278 Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez and Co-sponsored by Mayor Steven Meiner and Commissioner David Suarez ATTACHMENTS: Description D Commission Memorandum ❑ Ordinance Page 543 of 1278 MIAMI BEACH Rafael A.Paz.City Attorney City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Steven Meiner Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: January 31, 2024 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-1 THEREOF, ENTITLED "STATE MISDEMEANORS," BY REPEALING SUBSECTION (b) THEREOF, WHICH PROVIDES CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS (MARIJUANA) IN AN AMOUNT OF 20 GRAMS OR LESS AND POSSESSION OF DRUG PARAPHERNALIA; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. The proposed Ordinance (the "Ordinance°), sponsored by Commissioner Alex J. Fernandez, is submitted for first reading at the January 31, 2024 City Commission meeting_ In 2015, the Mayor and City Commission adopted Ordinance No. 2015-3950, which established an alternative civil enforcement option for the State misdemeanor offenses of possession of cannabis in the amount of 20 grams or less, and the possession of drug paraphernalia. Pursuant to Ordinance No.2015-3950, which is now codified in Section 70-1(b) of the City Code, the Miami Beach Police Department has the discretion to issue a $100 civil citation, in lieu of arresting a person, for the commission of those two (2) State law misdemeanor offenses. Despite this available alternative enforcement mechanism, in the approximately nine(9)years since its adoption, MBPD has only issued about ten (10)such civil citations. Moreover, in 2018, the City Commission established the City's own Municipal Prosecution Program, which is the only one of its kind in Miami-Dade County, and subsequent City Commissions have expanded the staffing and scope of the City's Municipal Prosecution Program by adding additional municipal prosecutors, and expanding the criminal offenses that may be charged and prosecuted by the City's Municipal Prosecution Team. Accordingly, Commissioner Fernandez proposes that the City Commission repeal Ordinance No. 2015- 3950 and remove the civil citation option, considering MBPD's highly limited usage of the civil citation option, and the overall policy shift of the City Commission towards more robustly enforcing and prosecuting quality of life offenses occurring within the City, including the offense of smoking marijuana or hemp on public property, a violation of the City's criminal laws, which are prosecuted by the City's Municipal Prosecution Team. Page 544 of 1278 Commission Memorandum—Repeal Decriminalization of Certain Marijuana Related Offenses January 31, 2024 Page 2 Commissioner Fernandez also proposes that the Administration actively promote this legislative initiative as part of the City's communications strategy relating to Spring Break, to send the message to the general public that'the party is over" and the smoking of marijuana in public will not be tolerated. RAP/MAF/bhs • Page 545 of 1278