Ordinance 2024-4637 ORDINANCE NO. 2024-4637
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.
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 continues to contend with
many criminal, quality of life offenses being committed within its jurisdictional bounds; and
WHEREAS, the commission of 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 So.2d 496 (Fla. 1975)); and
WHEREAS, 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 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 the City Code,
that it is 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 that the commission 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/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.
2
(1)As used in this section,the term:
(a) "Convicted" means a determination of quilt which is the result of a trial or the entry of
a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(b) "Habitual municipal ordinance violation offender" means a defendant who is before the
court for sentencing for a specified municipal ordinance violation offense and who has
previously been convicted, as an adult, of four or more specified municipal ordinance
violation offenses which meet the following criteria:
1. The offenses, in relation to each other and the municipal ordinance violation
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 sentencing was committed.
(c) "Specified municipal ordinance violation offense" means those municipal ordinance
violation offenses described in the City Code of the City of Miami Beach sections 70-
1(c)("misdemeanor battery" as such offense is set forth in F.S. § 784.03); 70-
1(d)("misdemeanor criminal mischief' as such offense is set forth in F.S. 5 806.13);
70-1(e)("misdemeanor exposure of 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 F.S. §784.011); and 70-1(h)("misdemeanor loitering or prowling"as such
offense is set forth in F.S. 856 021).
(d) "Imprisonment" means incarceration in a county jail operated by the county or a private
vendor.
(2) If the court finds that a defendant before the court for sentencing for a municipal ordinance
violation is a habitual municipal ordinance violation offender, the court shall, unless the court
makes a finding that an alternative disposition is in the best interests of the community and
defendant, sentence the defendant as a habitual municipal ordinance violation offender 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 violation offender 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 private
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 by
the Department of Children and Families, and that residential treatment beds are
available or other community-based treatment program or a combination of
residential and community-based program; 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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designated residence, if the detention is supervised or monitored by the county or
by a private vendor with which the county has contracted to supervise or monitor
the detention.
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 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 .3 day of AtIA.44- , 2024.
PASSED AND ADOPTED this any day of 7U 7 , 2024.
ATTEST:7\if o
JUL 3 0 2024 ._._
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Mayor Steven Meiner)
'.IkCORPiORA?ED!
Underline denotes additions ''7� •..• u
Strike t gh denotes deletions ' .'° APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
601171 zorz�-
City Attorney Date
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Ordinances - R5 0
MIAMI BEACH
•
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 24, 2024 2:15 p.m. Second Reading Public Hearing
TITLE: 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.
ANALYSIS
The proposed Ordinance is presented by the sponsor, Mayor Steven Meiner, to the City
Commission for its consideration.
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 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
The City previously established, pursuant to Section 70-1 of the City Code, that it is 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 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 primary entity responsible for the prosecution of the State law misdemeanor offenses of
battery(except domestic battery), criminal mischief, and indecent exposure; and
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
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/disorderly conduct; and
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
Page 1011 of 1750
misdemeanor offenses of assault, loitering or prowling, and disorderly conduct on the premises
of an establishment; and
Fla. Stat. Sec. 775.0837 ("Habitual misdemeanor offenders") sets forth enhanced penalties for
misdemeanants who are convicted of four or more specified misdemeanor offenses within a
twelve (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
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.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
No No
Was this 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 the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Page 1012 of 1750