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BIE - MISDEMEANOR OFFENSES OF TRESPASS (10/11/2024)MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov TO: FROM: MEETING DATE: Mayor Steven Meiner and Members of the City Commission Eric Carpenter,City Manager M.,~ October 30,2024 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, FLORIDA,ENTITLED "MISCELLANEOUS OFFENSES,"BY AMENDING ARTICLE I, ENTITLED "IN GENERAL,"BY AMENDING SECTION 70-1 THEREOF,ENTITLED "STATE MISDEMEANORS,"BY ADOPTING,THROUGH SPECIFIC REFERENCE,THE STATE LAW MISDEMEANOR OFFENSES OF TRESPASS IN STRUCTURE OR CONVEYANCE AND TRESPASS ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE,TO AFFIRMATIVELY ESTABLISH OFFENSES AGAINST MUNICIPAL LAW FOR THE SAME ACTS THAT CONSTITUTE SUCH OFFENSES AGAINST STATE LAW;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 11 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 Business Impact Estimate Page 2 d.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. 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. I 4.Additional comments:None. Ordinances -R5 O MIAMI BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:City Attorney Ricardo J.Dopico DATE: TITLE: September 11,2024 First Reading 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 ADOPTING,THROUGH SPECIFIC REFERENCE,THE STATE LAW MISDEMEANOR OFFENSES OF TRESPASS IN STRUCTURE OR CONVEYANCE AND TRESPASS ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE,TO AFFIRMATIVELY ESTABLISH OFFENSES AGAINST MUNICIPAL LAW FOR THE SAME ACTS THAT CONSTITUTE SUCH OFFENSES AGAINST STATE LAW;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed Ordinance,sponsored by Vice Mayor Alex Fernandez,is submitted for consideration by the Mayor and City Commission. The proposed Ordinance,sponsored by Vice Mayor Alex Fernandez,seeks to adopt,by specific reference,the state law misdemeanor offenses of trespassing in a structure or conveyance and trespassing on property other than a structure or conveyance.The Ordinance would affirmatively make the conduct underlying these crimes offenses against municipal law for the same acts that constitute such offenses against State law,and thereby permit the City's Municipal Prosecution Team to prosecute such criminal violations under City law. 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.However,the Miami-Dade State Attorney's Office (the "Miami- Dade SAO")remained the prosecutorial entity responsible for the prosecution of persons arrested for the commission of all felony,misdemeanor,and/or County ordinance violations committed in Miami-Dade County. Although statistical data reflects a downward trend in crime within the City largely due to the efforts of law enforcement and the successful municipal prosecution program,the City continues to contend with certain quality of life offenses being committed within its jurisdictional bounds.The commission of misdemeanor and municipal ordinance offenses in the City adversely impact residents'quality of life and tourists'vacation experience,and continues to generate complaints from the City's residents,visitors,and business establishments. Some of those misdemeanor offenses which most adversely affect the City's residents,visitors, and businesses include battery,indecent exposure,criminal mischief,and trespassing.In order to acquire greater control and discretion regarding the prosecution of certain misdemeanor offenses occurring within the City,and to relieve the Miami-Dade SAO of some of its prosecutorial burden,the City desires to become the primary entity responsible for the prosecution,as criminal municipal ordinance violations,of the same conduct that would otherwise constitute the State law criminal offenses of trespassing in a structure or conveyance and trespassing on property other than a structure or conveyance.Accordingly,on March 9,2022,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). Then,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 act(s)that constitute the State law misdemeanor offense of breach of the peace /disorderly conduct. Most recently,on February 10,2024,the Mayor and City Commission adopted Ordinance No. 2024-4588 which created specific 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 The proposed Ordinance would create,through specific reference,offenses against municipal law for the same acts that constitute the State law misdemeanor offenses of trespassing in a structure or conveyance (Fla.Stat.810.08)and trespassing on property other than a structure or conveyance (Fla.Stat.810.09),respectively.Florida caselaw has established that a municipality may enact ordinances which create offenses against municipal law for the same acts that constitutes offenses against State law.Under Florida law,a municipality may,by ordinance, 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. FISCAL IMPACT STATEMENT N/A. Does this Ordinance require a Business Impact Estimate?Yes (FOR ORDINANCES ONLY) If applicable,the Business Impact Estimate (BIE)was published on: See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-172 No Is this item related to a G.O.Bond Project? No as_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) Commissioner Alex Fernandez Co-sponsor(s) Commissioner David Suarez Commissioner Joseph Magazine Condensed Title 1st Rdg,Ch.70,Specifically Adopting State Law Trespass Misdemeanors. {Fernandez/Suarez/Magazine)CA 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 ADOPTING,THROUGH SPECIFIC REFERENCE,THE STATE LAW MISDEMEANOR OFFENSES OF TRESPASS IN STRUCTURE OR CONVEYANCE AND TRESPASS ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE,TO AFFIRMATIVELY ESTABLISH OFFENSES AGAINST MUNICIPAL LAW FOR THE SAME ACTS THAT CONSTITUTE SUCH OFFENSES AGAINST STATE LAW;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,although statistical data reflects a downward trend in crime within the City largely due to the efforts of law enforcement and the successful municipal prosecution program, the City continues to contend with certain 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 continues to generate 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,breach of the peace I disorderly conduct,and trespassing;and WHEREAS,in order to acquire greater control and discretion regarding the prosecution of certain 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,as criminal municipal ordinance violations,of the same conduct that would otherwise constitute the State law criminal offenses of trespassing in a structure or conveyance and trespassing on property other than a structure or conveyance;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 Jaram illo v.City of Hom estead,322 S0 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 February 10,2024,the Mayor and City Commission adopted Ordinance No 2024-4588 which created specific 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,the Mayor and City Commission hereby desire to adopt the following amendments 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 trespass in a structure or conveyance and trespass on property other than a structure or conveyance. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS: SECTION 1.That the section of the City Code creating offenses against municipal law for the same acts that constitute misdemeanor offenses against State law,as such Ordinance is codified in section 70-1 of the City Code be amended as follows and as hereinafter set forth below 2 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. (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. ()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 S 877 03. (g)It shall be unlawful for any person to commit,within the city,any act that is or shall be recognized as a misdemeanor assault,as such offense is set forth in F.S 784.011. (h)It shall be unlawful for any person to commit,within the city,any act that is or shall be recognized as a misdemeanor loitering or prowling,as such offense is set forth in F.S. §856.021. (i)It shall be unlawful for any person to commit,within the city,any act that is or shall be recognized as a misdemeanor disorderly conduct on the premises of an establishment,as such offense is set forth in F.S.§509.143. W It shall be unlawful for any person to commit,within the city,any act that is or shall be recognized as a misdemeanor trespass in a structure or conveyance,as such offense is set forth in F.S.§810.08. (K)It shall be unlawful for any person to commit within the city,any act that is or shall be recognized as a misdemeanor trespass on property other than a structure or conveyance,as such offense is set forth in F.S.§810.09. SECTION2 REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed 3 SECTION 3.SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remaindershall 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 Miami Beach City Code.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 of2024 PASSED AND ADOPTED this day of2024 ATTEST: Steven Meiner,Mayor Rafael E Granado,City Clerk Underline denotes additions. Strikethrough denotes deletions. (Sponsored by Vice Mayor Alex J.Fernandez) 4 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTIONo> cAN«M4 Dote q)3/z,14