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