Ordinance 2024-4597ORDINANCE 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. ,
,
pFevided that SUGh violations aFe R9t GhaFged OR GoOnjURGitiOR with aRy GhaFqe that is a felGRY,
terms are rlefipp-d- under state law:
P-
.9
WIN
Qliil
I i_ !4 i
2
WIN
2
(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
IM A-MAINA-ARd.1
M7. MI
-
I
W-11
(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 S. EFFECTIVE DATE.
This Ordinance shall take effect on the tenth (10th) day following its adoption.
PASSED AND ADOPTED this o7l day of Ire ruc►rV , 2024.
ATTEST:
•
SEB 2 3 2024
AMayor Steven Meiner
Rafael E. Granado, City Clerk
Underline denotes additions.
Rtrikpthrn,,.,h denotes deletions.
(Sponsored by Commissioner Alex J. Fernandez)
Co -Sponsored by Mayor Steven Meiner
Co -Sponsored by Commissioner David Suarez
0
APPROVED AS TO
FORM & LANGUAGE-
& POR EXECUTION
City AttomeyAA15 e
MIAMI BEACH
TO:
FROM
DATE:
Ordinances - R5 I
COMMISSION MEMORANDUM
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? No
If so, specifyname 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 (B'IE) was published on February 9, 2024.
See BIE at: https://www.miamibeachfl.gov/city hall/city-clerk/meeting-notices/.
SUPPORTING SURVEY DATA
N/A
Irl sI - k,I i Dki,'A-I,1 K812
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Does this item utilize G.O.
Bond Funds?
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
D Ordinance
Page 543 of 1278
MIAMI BEACH
Rafael A. Paz, City Attorney
City of Wami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov
TO:
FROM:
DATE:
Mayor Steven Meiner
Members of the City Commission
Rafael A. Paz, City Attorney
January 31, 2024
COMMISSION MEMORANDUM
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 Maryuana 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