BIE - Repeal Decriminalization of Marijuana Related Offenses. (2/9/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager ~ ~ t v
February 21, 2024
BUSINESS IMPACT ESTIMATE FOR:
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
PENAL TIES 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.
Is a Business Impact Estimate Required?
Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 ( 4 ), Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
, 4. Additional comments: None.
Ordinances - RS I
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Rafael A. Paz, City Attorney
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?
_Yes X No
If so, specify name of lobbyist(s) and principal(s): NIA
ANALY SIS
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.
SUPPORTING SURVEY DATA
NIA.
FINANCIAL INFORMATION
None.
ls this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Does this item utilize G.O.
Bond Funds?
No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Mayor Steven Meiner and Commissioner David Suarez
ATTACHMENTS:;
Description
Commission Memorandum
Ordinance
MIAMI BEACH
Rafael A. Paz. City Attorney
City of Miami Beach, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibeachf.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Steven Meiner
Members of the City Commission
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 PENAL TIES 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.
Commission Memorandum - Repeal Decriminalization of Certain Marijuana Related Offenses
January 31, 2024
Page2
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
ORDINANCE NO. ------
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 PENAL TIES 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 Jess, 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,
provided that such violations are not charged in conjunction with any-charge that is a felony,
driving under the influence, incident involving domestic violence,or violent crime, as those
terms are defined under state law;
(1)Possession of cannabis in an-amount of 20grams or-less, as set forth in F.S. S
893.13(6)b), as such may be amended from time to time; and/or
(2)- Possession of drug paraphernalia, as set forth in F.S. 893.146 and 893.147(1)(b), as
such may be amended from time to time.
An individual issued a civil violation notice for a violation of subsection (b)(1) or (2) will
be subject to the fine set forth herein.
(3) Penalties and enforcement.
a. [Civil fine.] person violating subsection(b)(1) or (2) shall receive a civil fine of
$100.00.
b. Enforcement. The Miami Beach police-department shall enforce this section. This
shall not preclude other-law enforcement agencies from any action to-assure
compliance with this section-and all-applicable laws. 4f apolice officer finds a
violation of (b)1) or (2), 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
of fine for which the violator is liable, instructions and due date for paying the fine,
that the violation may be appealed by requesting an administrative hearing before
a special magistrate within ten days after service of the notice of violation, and that
the failure to-appeal the-violation within ten days-of service-shall constitute-an
admission of the violation and a waiver of the right to a hearing.
s. -Fights of violators; payment of fine; right to appear; failure to pay civil fine or to
app0al appeals from decisions of the special-magistrate.
2
1 A-violator who has been served with a notice of violation must elect to either:
i. Pay the civil fine in the manner indicated on the notice-of violation; or
ij. 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.
2, The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections_3Gr2g and3OZ3 of this Code. Applications for
hearings must be accompanied by a fee as approved by a resolution of the city commission, which shall be-refunded if the named violator-prevails-in-the
appeal
3, lf 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 prescribed time period-shall constitute a waiver
of the violator's right to an administrative hearing before the special magistrate,
and-shall be-treated as-an admission of the-violation, for which-fines-and
penalties shall be assessed accordingly.
4. A-certified 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 violator, which may be enforced in the same manner as
acourt judgement by the-sheriffs afthis state, including levy against the
violator'sreal-or personal property, but shall not be deemed to be-a court
judgment except for enforcement purposes. On or after the 61st day following
the recording of any such lien that remains unpaid, the city may foreclose or
otherwise execute upon the lien.
6. -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 violation or considering the timeliness of a request for 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 DA TE.
This Ordinance shall take effect on the tenth (10") day following its adoption.
PASSED AND ADOPTED this day of,2024.
ATTEST:
Mayor Steven Meiner
Rafael E. Granado, City Clerk
Underline denotes additions.
Strikethrough denotes deletions.
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Y-
City Attorney ~
4