Ordinance 2025-4734 ORDINANCE NO. 2025-4734
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 III,
ENTITLED "GRAFFITI," BY AMENDING DIVISION 7, ENTITLED
"GENERALLY," BY AMENDING SECTION 70-123 THEREOF,
ENTITLED "PROHIBITIONS; ENFORCEMENT; AND
PENALTIES," TO DOUBLE THE CIVIL FINES FOR VIOLATIONS
OF THIS SECTION; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 70-123 of the Miami Beach City Code establishes penalties
for graffiti-related property damage; and
WHEREAS, the Public Safety and Neighborhood Quality of Life Committee
(PSNQLC), at its April 9, 2025 meeting, recommended increasing the penalties for
violations of this section; and
WHEREAS, the Mayor and City Commission find that doubling the existing civil
fines is necessary to enhance deterrence and promote public cleanliness and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 70, Article III of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE III. GRAFFITI
Sec. 70-123. Prohibitions; enforcement; and penalties.
(a) Prohibitions. It shall be unlawful for any person to deface, destroy, or otherwise
damage private or public property without the owner's consent, by or through the
application of graffiti. In addition, a violation of Florida law prohibiting criminal
mischief by the placement of gra�ti shall be a violation of this section.
(b) Enforcement by code compliance officer, notice of violation. If a code compliance
officer finds a violation of this article, the officer shall issue a notice of violation to the
violator as provided in chapter 30. The notice shall inform the violator of the nature
of the violation, amount offine and other penalties forwhich the violator may be liable,
instructions and due date for paying the fine and completing the voluntary community
service, notice that the violation may be appealed by requesting an administrative
hearing within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violations and waiver of the right to request a
hearing.
(c) (1) Civil fines and penalties for violators. ..... The following civil fines and penalties
shall be imposed for each violation of this section:
a. First offense ..... $25Q,98 500.00.
b. Second offense (within one year of the first offense) ..... S9&99 1000.00.
c. Third or more offenses (within one year of the first offense) ..... a-,909,99
z 000.oa.
In lieu of a fine, the special magistrate may accept voluntary community service
removing graffiti in the city equivalent to one hour of community service for each
$5.00 of an imposed fine and voluntary restitution. If the community service is
not completed and the restitution is not paid within six months of an adjudication
of guilt, the fine shall be reinstated.
(2) Criminal fines and penalties. In addition to the above civil fines and penalties, a
court may impose both civil fines and penalties, restitution, not less than 40 hours
and, if possible, at least 100 hours of community service that involves the removal
of graffiti in the city, and imprisonment for up to six months in accordance with the
requirements of state law.
(d) Rights of violators; payment of fine; right to appear, failure to pay civil fine or to
appeal.
(1) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice; or
b. Request an administrative hearing before a special magistrate to appeal the
notice of violation within 20 days of the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73.
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(3) If the named violator after notice fails to pay the civil fine, or fails to timely
request an administrative hearing before a special magistrate, the special
magistrate shall be informed of such failure by report from the code
compliance officer. Failure of the named violatorto appeal the decision of the
code compliance officer within the prescribed time period shall constitute a
waiver of the violator's right to administrative hearing before the special
magistrate. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation, and fines and penalties may be assessed
accordingly.
(4) As an alternative to the procedures set forth in subsections(d)(1�-(d)(3), the
city may request an administrative hearing pursuant to sections 30-71
through 30-79 if the violation is irreparable or irreversible in nature. In such
case, the fines and penalties in said sections shall apply.
(5) Any party aggrieved by a decision of a special magistrate may appeal that
decision to a court of competent jurisdiction.
(e) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereaker shall constitute a lien upon any other real or personal
property owned by the violator; and it may be enforced in the same manner
as a court judgment by the sheriffs of this state, including levy against the
personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. After two months from the filing of any lien which
remains unpaid, the city may foreclose or othervvise execute upon the lien.
(f) lnjunctive relief,� license or certificate of use revocation. As an additional means of
enforcement, the city may seek injunctive relief and/or revoke an occupational
license/certificate of use as set forth in chapters 14 and 18 of this Code when there
are more than three offenses by the same violator within one year of the first offense.
(g) Liability of parents or legal guardians. In the case of a minor, the parents or legal
guardians shall be jointly and severally liable with the minor for the payment of all
fines. Failure of the parents or legal guardian to pay any fines will result in the filing
of a lien on the real property of the parents or legal guardians, which lien shall include
all administrative costs.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
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
a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered 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 �k�y Si ZU�
PASSED and ADOPTED this aS day of �unQ , 2025.
ATTEST: G��^
IUN 3 0 202� (.Zc„�.,�_
Ste en Meiner, Mayor
� ael . Granado, City Clerk
�a,
REGIS BARE30U �d'��,,
-�"�� 'S'l, APPROVED AS TO
� � `: } FORM & LANGUAGE
Underline denotes additions. '• �iNtoar oure y; & FOR EXECUTION
StukethreugM denotes deletions. ��'�'q'���..—.•��=
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City tt ey XX Date
Sponsored by Commissioner Kristen Rosen Gonzalez
Co-Sponsored by Commissioner David Suarez
Co-Sponsored by Mayor Steven Meiner
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Ordinances - R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members ot the Ciry Commission
FROM: City Atlomey Ricardo J. Dopico
DATE: June 25, 2025 9:45 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CITV 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 III, ENTITLED "GRAFFITI," BV AMENDING DIVISION 1, ENTITLED
"GENERALLY," BV AMENDING SECTION 70.123 THEREOF, ENTITLED
"PROHIBITIONS; ENFORCEMENT; AND PENALTIES," TO DOUBLE THE CIVIL
FINES FOR VIOLATIONS OF THIS SECTION;AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
ANALYSIS
The attached ordinance is presented for the consitleration of the Mayor and City Commission on
frst reading by the sponosr, Commissioner Kristen Rosen Gonzalez.
Section 70-123 of ihe Miami Beach City Code eslablishes penalties for qraffti-related property
damage.
The Public Safety and Neighborhood Quality of Life Commiriee (PSN�LC), at its April 9, 2025
meeting, rewmmended increasing the penalties for violations ot this section, which cuvently
range from $250 for a first offense to$1,000 for third an subsequent offenses within one year..
If adopted, the proposed ordinance would double the amounts of Tnes imposed under Section
70-123.
FISCAL IMPACT STATEMENT
NIA
Does this OrAinance reouire a Business Imoact Estimate� Ves
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was publiahed on: 6l9I2025
See BIE at: https�//www miamibeachFl aov/ciN-hall/citv<lerklmeetinq-noticesl
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FINANCIAL INFORMATION
CONCLUSION
Aooliwble Area
Citywide
Is this a "Resitlents Riaht to Know" item Is this item relatad to a G.O. Band
Dursuanl to Citv Code Section 2-17? Proiect�
No rya
Waa this Aoenda Item initiallv reouested bv a lobbvist whieh as dafined in Code Sac 2481
mcludes a onncioal enaaaed in lobbvina? No
If so, speci(y the name of lobbyist(s)and principal(s):
Deoartment
City Attomey
Soonaorfs)
Commissioner Kristen Rosen Gonzalez
Co-soonsorlsl
Commissioner David Suarez
Mayor Steven Meiner
Condensed Title
9:45 a.m. 2nd Rdg, Double Greffti Fines. (Rosen GonzaleLSuarezJMeiner) CA
Previous Actio� IFor CiN Clerk Use Onlvl
First Reatling Public Heanng on 5/21I2025-RS AH
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