BIE - Police Cost Recovery for Business Failure to Appear (7/31/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: September 3, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 18 OF THE CITY CODE, ENTITLED “BUSINESSES,” BY
CREATING ARTICLE XX, ENTITLED “POLICE COST RECOVERY,” BY CREATING SECTION
18-950 THEREOF, ENTITLED “RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE
PERSON TO APPEAR ON BEHALF OF BUSINESS,” BY AUTHORIZING THE RECOVERY OF
ALL COSTS, OR A MINIMUM SERVICE FEE IN LIEU OF THE RECOVERY OF ALL COSTS,
INCURRED BY THE CITY’S POLICE DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A
CRIMINAL PROSECUTION IS NOLLE PROSSED, ABANDONED, DISMISSED, OR
OTHERWISE UNSUCCESSFUL AS A DIRECT RESULT OF THE FAILURE OF A
RESPONSIBLE PERSON TO APPEAR IN COURT PROCEEDINGS ON BEHALF OF THE
OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT; 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. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
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Business Impact Estimate
Page 2
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. 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. The Commission Memorandum and Ordinance are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
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 a limited number of businesses are likely to be
impacted by the proposed Ordinance. The only businesses that will be impacted are
businesses that cause a criminal prosecution to be dropped, abandoned, or dismissed as
a direct result of a responsible person failing to appear on behalf of the business in any
court proceeding.
4. Additional comments:
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Ordinances - R5 F
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:July 23, 2025 9:45 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE CITY CODE,
ENTITLED “BUSINESSES,” BY CREATING ARTICLE XX, ENTITLED “POLICE
COST RECOVERY,” BY CREATING SECTION 18-950 THEREOF, ENTITLED
“RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR
ON BEHALF OF BUSINESS,” BY AUTHORIZING THE RECOVERY OF ALL
COSTS, OR A MINIMUM SERVICE FEE IN LIEU OF THE RECOVERY OF ALL
COSTS, INCURRED BY THE CITY’S POLICE DEPARTMENT UNDER
CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS NOLLE PROSSED,
ABANDONED, DISMISSED, OR OTHERWISE UNSUCCESSFUL AS A DIRECT
RESULT OF THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN
COURT PROCEEDINGS ON BEHALF OF THE OWNER OR OPERATOR OF A
BUSINESS ESTABLISHMENT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Tanya K. Bhatt, has been submitted for
consideration by the Mayor and City Commission.
The Miami Beach Police Department (“Police Department”) frequently responds to reports of retail
theft, assault, battery, and other criminal incidents involving, or occurring on the premises of,
various business establishments in the City. In many such cases, the Police Department
conducts investigations, makes arrests, and prepares criminal cases for prosecution, incurring
valuable Police Department time and resources.
Nonetheless, successful prosecution of these cases often requires the cooperation and court
appearance by a responsible person or authorized representative of the business establishment
to testify or provide necessary documentation. However, it is a recurring problem that some
business establishments fail to ensure the appearance of a responsible person in court
proceedings, resulting in the nolle prossing, abandonment, dismissal, or otherwise unsuccessful
prosecution of these criminal cases. Regrettably, such failures undermine the City’s law
enforcement efforts and lead to the waste of public resources, demoralize MBPD officers, and
frustrate the City’s ability to ensure accountability for criminal activity.
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Accordingly, the proposed Ordinance would authorize the recovery of all costs incurred by the
Police Department in connection with such unsuccessful prosecutions or, in the alternative,
impose a minimum service fee of $250, in order to offset the public burden caused by the non-
cooperation of businesses. This measure is a reasonable and necessary exercise of the City’s
home rule authority, preserves limited public resources, and is in the best interest of the health,
safety, and welfare of the residents and visitors of the City of Miami Beach.
FISCAL IMPACT STATEMENT
Cost recovery for police services shall be assessed against any business that fails to send a
responsible person to Court proceedings and, as a direct result, the criminal case is nolle prossed,
abandoned, dismissed, or otherwise unsuccessful due to no such person appearing to represent
the business in the Court proceedings.
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/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
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)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
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Condensed Title
9:45 a.m. 1st Rdg PH, Police Cost Recovery for Business Failure to Appear. (Bhatt) CA
Previous Action (For City Clerk Use Only)
Continued from 6/25/2025 - R5 AD
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ORDINANCE NO.
WHEREAS,the City finds it necessary and appropriate to authorize the recovery of all
costs incurred by the Police Department in connection with such unsuccessful prosecutions or,
in the alternative,impose a minimum service fee in order to offset the public burden caused by
the non-cooperation of businesses;and
WHEREAS,successful prosecution of these cases often requires the cooperation and
court appearance by a responsible person or authorized representative of the business
establishment to testify or provide necessary documentation;and
WHEREAS,such failures undermine the City’s law enforcement efforts and lead to the
waste of public resources,demoralize MBPD officers,and frustrate the City’s ability to ensure
accountability for criminal activity;and
WHEREAS,it is a recurring problem that some business establishments fail to ensure
the appearance of a responsible person in court proceedings,resulting in the nolle pressing,
abandonment,dismissal,or otherwise unsuccessful prosecution of criminal cases;and
WHEREAS,the City Commission finds that such a measure is a reasonable and
necessary exercise of its home rule authority,preserves limited public resources,and is in the
best interest of the health,safety,and welfare of the residents and visitors of the City of Miami
Beach.
WHEREAS,the Miami Beach Police Department frequently responds to reports of retail
theft,assault,battery,and other criminal incidents involving,or occurring on the premises of,
various business establishments in the City;and
WHEREAS,in many such cases,the Police Department conducts investigations,makes
arrests,and prepares criminal cases for prosecution,incurring valuable Police Department time
and resources;and
WHEREAS,the City of Miami Beach (“City”)is committed to public safety and the
effective enforcement of criminal laws,including crimes committed against retail
establishments;and
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 18 OF THE CITY CODE,
ENTITLED “BUSINESSES,”BY CREATING ARTICLE XX,ENTITLED
“POLICE COST RECOVERY,”BY CREATING SECTION 18-950 THEREOF,
ENTITLED “RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE
PERSON TO APPEAR ON BEHALF OF BUSINESS,”BY AUTHORIZING THE
RECOVERY OF ALL COSTS,OR A MINIMUM SERVICE FEE IN LIEU OF THE
RECOVERY OF ALL COSTS,INCURRED BY THE CITY’S POLICE
DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A CRIMINAL
PROSECUTION IS NOLLE PROSSED,ABANDONED,DISMISSED,OR
OTHERWISE UNSUCCESSFUL AS A DIRECT RESULT OF THE FAILURE OF
A RESPONSIBLE PERSON TO APPEAR IN COURT PROCEEDINGS ON
BEHALF OF THE OWNER OR OPERATOR OF A BUSINESS
ESTABLISHMENT;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
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CHAPTER 18
BUSINESSES
**
Article XX.Police Cost Recovery
Definitions.
Person:Any natural person,individual,firm,partnership,association,or corporation.
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Municipal Prosecutor.Any of the prosecuting attorneys for the City of Miami Beach assigned
to prosecute criminal municipal ordinance violations on behalf of the City,
Responsible person:The person who,as a business owner or operator,or who,as an
employee,officer or agent of a business owner or operator,furnished information to police,
initiates a report or files a compliant upon or concerning suspected criminal activities or
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 1 8-950 of Article XX of Chapter 1 8 of the Miami Beach City Code is
hereby amended as follows:
Costs incurred:Any and all monetary costs directly incurred by the City in relation to the
investigation,enforcement and/or prosecution of suspected criminal activities or transactions
which have been complained of,witnessed or reported by a responsible person or concerning
which a responsible person is reguired to appear at court proceedings.
Criminal charge is nolle pressed,abandoned,dismissed or otherwise unsuccessful:When a
criminal complaint,case,or charge is nolle prossed,abandoned,declined to be filed or further
prosecuted by the State Attorney or Municipal Prosecutor,or is dismissed by the State Attorney,
Municipal Prosecutor,or by the court,or a verdict of ''not guilty"is made or directed by the court,
directly upon the basis of the failure to appear of a responsible person.
Court proceedings:Any law enforcement,prosecutorial or judicial proceedings related to the
reporting,filing,initiation or maintenance of a complaint or charge concerning a criminal
prosecution,including but not limited to State Attorney intake and pre-filing proceedings,filing
of criminal proceedings,depositions,or court appearances.
Failure to appear:The failure of a responsible person to appear in court proceedings or to
comply with the reguirements of this section,under circumstances in which the criminal charge
is nolle prossed,abandoned,dismissed or otherwise unsuccessful.
C/fy.The Florida municipal corporation situated within Miami-Dade County,Florida,and
known as the City of Miami Beach,Florida.
(a)
Business owner or operator:The owner of operator of a business establishment that is
operating within the City or that holds a local business tax receipt issued by the City,which
business is the complainant or reporter of the suspected commission of criminal activity or
transactions occurring at such business,and which activity or transaction is within the
jurisdiction of the City Police Department,and who,as a business owner or operator,may be
liable for costs incurred upon a responsible person's failure to appear as provided by this
section.
Sec.18-950.Recovery of costs for failure of responsible person to appear on behalf of
business.
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c
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(d)Appeal of determination.Any person aggrieved by a decision of the Chief Financial Officer
concerning the calculation of costs incurred under the Full Cost Formula or aggrieved by
a determination of the Police Chief to impose the above described $250.00 service charge
as respectively provided by this section,may appeal the matter to the City Manager.The
aggrieved person shall have 10 days from receiving the respective written decision of the
City's Chief Financial Officer or Police Chief to file a written appeal to the City Manager.
The written appeal shall specify as to whether review is sought as to the liability of the
business owner or operator and/or as to the calculation of the costs incurred.The City
Manager may accept,reject,or modify the decision of the City's Chief Financial Officer or
Police Chief,based upon the scope of review reguested and upon a review of the
information provided to the City Manager and his or her findings as to whether or not the
business owner or operator is,pursuant to the intent,purposes and reguirements of this
section,liable for the costs incurred and as to whether the amount of the costs incurred
has been correctly calculated.The City Manager shall find that the business owner or
operator is not liable for the costs incurred in the event that the business owner or operator
affirmatively demonstrates that:(1)the responsible person no longer served as an
employee,agent or servant of the business owner or operator at the time of the failure to
appear;or (2)the responsible person's failure to appear occurred solely because the
responsible person did not receive a notice or subpoena to appear at court proceedings,
if such notice or subpoena was reguired by law;or (3)the responsible person's failure to
appear was not caused by the negligent,reckless or intentionally wrongful conduct of the
responsible person and was unavoidable.Any person aggrieved by a decision of the City
Manager may timely seek judicial review of the matter in a court of competent jurisdiction
to the extent and manner authorized by applicable law.
(b)Service charge imposed.Pursuant to the City's authority under its constitutional home rule
powers,as codified in Section 166.021,Florida Statutes,and as also authorized by
Section 166.201,Florida Statutes,a service charge in the full amount of the City's costs
incurred is hereby imposed upon the business owner or operator,in the event that a
criminal charge is nolle pressed,abandoned,dismissed or otherwise unsuccessful as a
direct result of a responsible person's failure to appear in court proceedings.The identity
of each responsible person may be noted in the applicable offense report or in a
supplemental report.A written certification by the State Attorney,Court Administrator or
the City's Police Chief that a criminal charge is nolle pressed,abandoned,dismissed or
otherwise unsuccessful as a direct result of the failure to appear of a responsible person
shall be prima facie evidence that the costs incurred are the obligation of the business
owner or operator pursuant to this section.In lieu of imposing a service charge for the full
amount of the City's costs,the Police Chief may,at his or her discretion,determine that a
service charge of $250.00 shall be imposed based on the amount of time involved in the
case or other mitigating conduct of the responsible person or business owner or operator.
Computation of costs.If the service charge is based upon the full amount of the City's
costs (the ''Full Cost Formula"),the City's Chief Financial Officer shall calculate the costs
incurred by the City's Police Department,based upon pertinent information provided in
writing by the Police Chief or his/her designee.
State Attorney:The regular or specially assigned prosecuting attorney for the Eleventh
Judicial Circuit in and for Miami-Dade County,Florida.
transactions on behalf of any business owner or operator or concerning an incident in which it
is reported by such person that criminal activities or transactions within the police jurisdiction of
the City may have occurred at or concerning the place of business or in connection with the
activities or transactions of the business establishment.The term "responsible person"includes,
but is not limited to,victims and witnesses.
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SECTION 2.REPEALER.
SECTION 3.SEVERABILITY.
SECTION 4.CODIFICATION.
SECTION 5.EFFECTIVE DATE.
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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.
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.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
(e)Liability;collections.Each business owner and operator on whose behalf a responsible
person has failed to appear as required by this section,shall be jointly and severally liable
to the City for the costs incurred as outlined herein as a result of such failure to appear.
Costs incurred pursuant to this section may be collected by the City pursuant to the
following procedure:
Implementation.The City Manager and Police Chief,with any necessary assistance from
the City Attorney,are authorized to develop and implement forms for the efficient
administration and implementation of this section,including forms for the determination of
the applicable service charges.
(3)Service charges and late fees,together with any interest charges,shall be debts due
and owing to the City and such debts shall be recoverable by the City or its assignee
in any court of competent jurisdiction,and any such unpaid debt may result in the
denial of the renewal of the business establishment’s business tax receipt pursuant to
section 102-372 and/or section 102-381 of the City Code.
(2)If such service charges are not fully paid by the business owner or operator on or
before the past due date,a late fee of 5 percent shall be imposed by City and shall be
added to the outstanding invoice.Unpaid balances of business owners or operators
for such service charges and late fees shall be subject to an interest charge at the rate
of 1%per month in accordance with the provisions of paragraph (3)below.Imposition
of said interest charge shall commence for any delinguency existing 30 days after the
past due date of the invoice and shall continue to accrue until all service charges,late
fees and interest charges are paid.
(1)The service charge imposed by the City for the costs incurred shall be due and payable
not later than 30 days after the date of the mailing or hand delivery of the City's invoice
to the business owner or operator for cost recovery and said due date shall be
indicated upon the invoice of the City.
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This Ordinance shall take effect the day of ,2025.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
(Sponsored by Commissioner Tanya K.Bhatt)
City 'Attorney
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APPROVED AS TO
FORM &LANGUAGE
&E0REXECUTION
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