BIE - Miscellaneous Offenses (07/05/2024)M IA M I BEACH
City of Miami Beach. 1700 Convention Center Drive, Miami Beach. Florido 33139. www.miomibeochtl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickele wteams, Interim city Manager /[y)
MEETING DATE: July 24, 2024
SUBJECT: 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, ENTITLED
"MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY CREATING SECTION 70-1.1,
ENTITLED "HABITUAL MUNICIPAL ORDINANCE VIOLATION
OFFENDERS"; AND 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.
B u s in e s s Im p a c t E s tim a te
P a g e 2
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.
14. Additional comments: None.
Ordinances - RS V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE:
TITLE:
June 26, 2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDI NG CHAPTER 70 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 70-1.1, ENTITLED
"HABITUAL MUNICIPAL ORDINANCE VIOLA TION OFF EN DERS"; AN D
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DA TE.
ANALYSIS
The proposed Ordinance is presented by the sponsor, Mayor Steven Meiner, to the City
Commission for its consideration on First Reading.
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
Florida law has further established that a municipality, by ordinance, may adopt State
misdemeanor statutes by specific reference or by general reference, such as that contained in an
ordinance making it unlawf ul to commit, within City limits, any act which is (or shall be) recognized
by the laws of the State as a misdemeanor (Id. at 498); and
The City previously established, pursuant to Section 70-1 of the City Code, that it is unlawf ul 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 that the commission of such acts is forbidden; and
On January 20, 2022, the Mayor and City Commission adopted Resolution No. 2022-32020,
which expanded the City's municipal prosecution program by directing that the City shall become
the prim a ry e ntity respo nsib le fo r the prose cu tio n o f the State law misdemeanor offenses of
battery (except domestic battery), criminal mischief, and indecent exposure; and
O n M ar ch 9, 202 2, pursuant to Resolution No. 2022-32020, the Mayor and City Commission
a do p ted O rd in a nce N o. 202 2 -4 4 7 7 , wh ich cre ated sp e cifi c o ff ense s against m un ici p a l law fo r the
sam e acts that co nstit ute the S tate law m isde m ea no r o ff e nse s of b att ery (no n-do m e stic ), crim ina l
m ischie f a nd expo sure o f se xu al orga ns (inde cent expo su re); and
O n O ct ob er 2 6 , 2 0 22 the M a y or and C ity C o m m issio n ad o pted O rdina nce N o . 2 0 22-4 5 2 0 wh ich
created a sp ecific o ff en se a g a in st m un ici pa l law fo r the sa m e a cts that constitu te s th e S tate law
m isd e m e a n o r o ff ense of brea ch of th e p e a ce I d iso rde rly cond u ct; and
O n Ja nu ar y 31 , 2 0 24, the M a yor and C ity C om m issio n ad o pte d O rdina nce N o . 2 0 24 -4 5 8 8 in orde r
to furt he r exp a nd the C ity's m u nicip a l p ro se cutio n prog ra m b y creating , thro u g h spe ci fic
re feren ce , off ense s aga inst m u n icipa l law fo r the sam e a cts that co nstitute the S tate law
m isde m e a no r o ff ense s of a ssa ult, lo iterin g or prow lin g , an d d iso rde rly cond uct on the p rem ise s
of a n esta b lishm e nt; a n d
Fla. Stat. Sec. 775.0837 ("Habitual misdemeanor offenders") sets forth enhanced penalties for
m isde m ea na nts w ho are co nvicte d o f four or more specified misdemeanor offenses within a
tw elve (12) month period; and
The City's adoption of certain misdemeanor offenses as chargeable municipal ordinance
violations, five (5) of which appear on the State of Florida's list of misdemeanor crimes subject to
enhancement for habitual offenders, makes it appropriate for the City to adopt a habitual offender
ordinance similar to the State of Florida's that will provide similarly enhanced penalties for
off end e rs w ho ha b itua lly co m m it those crim e s that a p pe ar on the enu m e ra ted list o f ha b itual
o ff ense s set fo rt h in Fla . S tat. S e c. 77 5 .0 8 37 and that have be e n a do pted as City municipal
ordina nce vio latio ns.
FIS C A L IM P A C T S T A T E M E N T
N /A
A p p lic a b le A rea
C ityw id e
Is th is a "R e sid e n ts R ig h t to K n o w " ite m ,
pu rsu a n t to C ity C o d e S e cti o n 2-17 ?
N o
Is th is ite m related to a G .O . B o n d
P ro je ct?
N o
W as th is A g e n d a Ite m in itia ll y req u es ted by a lo b b y ist w h ic h , a s de fi n e d in C o d e S e c . 2 -4 8 1,
in clu d e s a p rin c ip a l en g a g e d in lo b b y in g ? N o
If so , sp ecify the na m e o f lo bb yist(s) and p rinci pa l(s):
D e p a rt m e n t
C ity A tt orn ey
S p o n s o r(s)
M a yor S teve n M e ine r
O R D IN A N C E N O .
A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F
T H E C IT Y O F M IA M I B E A C H , F L O R ID A , A M E N D IN G C H A P T E R
70 O F T H E C O D E O F T H E C IT Y O F M IA M I B E A C H , E N T IT L E D
"M IS C E L LA N E O U S O F F E N S E S ," BY A M E N D IN G A R T IC L E I,
ENTITLED "IN GENERAL," BY CREATING SECTION 70-1.1,
ENTITLED "HABITUAL MUNICIPAL ORDINANCE VIOLATION
OFFENDERS"; 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 ordnance 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 continues to contend with
many criminal, quality of life offenses being committed within its jurisdictional bounds. and
WHEREAS, the commission oi misdemeanor and municipal ordinance offenses adversely
impact residents' quality of life and tourists vacation experience and continue to generate an
inordinate number of issues and complaints from the City's residents, visitors, and business
establishments; and
WHEREAS, some of those misdemeanor offenses which most adversely affect the City s
residents, visitors, and businesses include battery, indecent exposure, criminal mischief. and
breach of the peace / disorderly conduct:, and
WHEREAS, in order to acquire greater control and discretion regarding the prosecution
of those identified misdemeanor offenses occurring in the City, and to relieve the Miami-Dade
SAO of some of its prosecutorial burden. the City desires to become the entity responsible for the
prosecution of those specified State law misdemeanor offenses (excluding domestic battery
cases): 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 S0.2d 496 (Fla 1975)), and
WHEREAS. Flonda law has further established that a municipality. by ordinance, may
adopt State misdemeanor statutes by specific reference or by general reference such as that
contained in an ordinance making it unlawful to commit, within City limits, any act which is (or
shall be) recognized by the laws of the State as a misdemeanor (Id at 498) and
WHEREAS, the City previously established. pursuant to Section 70-1 of tne City Code,
that it is unlawf ul fo r any person to com m it within the C ity any act that is (or shall be) recognized
by the law s of the State as a misdem eanor and that the co m m ission of such acts is forbidden;
and
WHEREAS, on January 20, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32020, which expanded the City's municipal prosecution program by directing that the
City shall become the primary entity responsible for the prosecution of the State law misdemeanor
offenses of battery (except domestic battery), criminal mischief. and indecent exposure; and
WHEREAS. on March 9, 2022, pursuant to Resolution No. 2022-32020, 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 26, 2022 the Mayor and City Commission adopted Ordinance No.
2022-4520 which created a specific offense against municipal law for the same acts that
constitutes the State law misdemeanor offense of breach of the peace I disorderly conduct; and
WHEREAS, on January 31, 2024, the Mayor and City Commission adopted Ordinance
No. 2024-4588 in order to further expand the City's municipal prosecution program by creating,
through specific reference, offenses against municipal law for the same acts that constitute the
State law misdemeanor offenses of assault. loitering or prowling, and disorderly conduct on the
premises of an establishment; and
WHEREAS, Fla. Stat. Sec. 775.0837 ("Habitual misdemeanor offenders") sets forth
enhanced penalties for offenders who are convicted of four or more specified misdemeanor
offenses within a twelve ( 12) month period; and
WHEREAS, the City's adoption of certain misdemeanor offenses as chargeable municipal
ordinance violations, five (5) of which appear on the State of Florida's list of misdemeanor crimes
subject to enhancement for habitual offenders, makes it appropriate for the City to adopt a habitual
offender ordinance similar to the State of Florida's that will provide similarly enhanced penalties
for offenders who habitually commit those crimes that appear on the enumerated list of habitual
offenses set forth in Fla. Stat. Sec. 775.0837 and that have been adopted as City municipal
ordinance violations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article I of Chapter 70 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. In General
Sec. 70-1.1. Habitual municipal ordinance violation offenders.
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(1_A s u seg in_this_s ectio n th e term
(a) o nyi cte d_ m eans a geterm ination of gui lt w hich _is th e result_o f a trial or th e entry of
a pl e a o f g ui lt y o r n ol o c on t en d er e re gar dl e ss gf w het her adjudica tion _s i th helg
(b ) H a b itu al _m ur g _pa l o r di na n c e yi ol a tio n o ff e n d e r m e a n s a d e fe n d a n t_wh o_i s b e f or e th e
c u rt for s e n t en ci ng fo r a s p e ci fi e d m u nici p al _o r di na n c e vi ol a ti on o ff en s e an g yn o h a s
p r e v io u s ly b e e n c o n v ic te d . a s a n a d u lt . o f fo ur or m ore speci fied m unicipal ordinance
v io la t io n o ff e n s e s w h ic h m e e t th e fo ll o w in g c r it e r ia :
1 The offenses_inrelation_to each other angthemung_par_ordnance yiglatin
before the court for sentencing, are separate offenses that are not part of the
same criminal transaction or episode.
2. The offenses were committed within 1 year of the date that the municipal
ordinance violation_before the_court for sentenng_was committed
(c) Specified municipal ordinance yiolaton offense means those municipal ordnance
violation offenses described in the Qty Code of the City of Mam Beach_sections 7g-
1{ c)("misdemeanor battery" as such offense is set forth in F.S. § 784.03): 70-
1{d)Cmisdemeanor criminal mischief as such offense is set forth in F.S. § 806.13);
70-1(e]misdemeanor exposure gf sexual organs [indecent exposure] as such
offense is set forth in F.S. § 800.03); 70-1(g)( .. misdemeanor assault" as such offense
is_set forth_in_FSg784011)y,and 70-1(h)misdemeanor loiter_ng or prowling_' as such
offense is set forth in F.S. 856 021 ).
(d) Imprisorgmgent means_incarceration_n a county j ai l operated_by the countyorapriyate
vendor
{2) If the court finds that a defendant before the court for sentencing for a municipal ordinance
yiolation is a_habitamuig_pal ordinance violation offender_the court shall, unless the court
makes a finding that an alternatye disposition is in the est interests of the community and
defendant sentence the defendantasahabitual mungiar_ ordinance violation offenger and
impose one of the following sentences:
(a) A term of imprisonment of not less than 30 days, but not to exceed 60 days; or
(b) If_ the habitual_municipal ordinance yolatongffeger agrees and the court finds
cause, commitment to a residential treatment program for not less than 60 days,
provided that the treatment program is operated by the county or a private vendor
with which the county has contracted to operate such program, or by a rivate
vendor under contract with the state or licensed by the state to operate such
program, and provided that any referral to a residential treatment facility is in
accordance with the assessment criteria for residential treatment established Dy
the Department of Children and Families, and that residential treatment beds are
available or other community-based treatment program o r a combination of
residential and community- oased orogramr_ or
(c) If the habitual municipal_ ordinance violation offender agrees and the court finds
cause, detention for not less than 30 days, but not to exceed 60 days, to a
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d e sign at e d r e s id e n c e , if th e d e ten t i on _i s s u p er vi s e d or m on i to r e d b y th e c o u nt y or
b y a r iy a te y e n d or w rh _w h ich _th e_c o un ty_h a s c on t r a c te d to s up er vi s e o r m o n itor
th e d e ten tio n
SECTION 2. REPEALER.
All ordinances or parts of ordinances In conflict herewith be and the same are hereby
repealed
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shal l not be affected by such invalidity
SECTION 4. CODIFICATION.
It is the intention of the Mayor and Ci ty 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 day of,2024
PASSED AND ADOPTED this day of
ATTEST:
2024
Steven Meiner. Mayor
Rafael E Granado, City Clerk
(Sponsored by Mayor Steven Merner)
Underline denotes additions
Strike through denotes deletions I
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