Ordinance 2025-4765 ORDINANCE NO. 2�25-4765
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.
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
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, 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, 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 criminal cases; 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, 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, 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.
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 18-950 of Article XX of Chapter 18 of the Miami Beach City Code is
hereby amended as follows:
CHAPTER 18
BUSINESSES
* * *
Article XX. Police Cost Recovery
Sec. 18-950. Recovery of costs for failure of responsible person to appear on behalf of
business.
(a) Definitions.
Business owner or operator: The owner of operator of a business establishment that is
operatinq within the Citv or that holds a local business tax receipt issued bv the Citv which
business is the victim and complainant or reporter of the suspected commission of criminal
activitv or transactions occurrinq at such business, and which activitv or transaction is within the
jurisdiction of the Citv Police Department, and who, as a business owner or operator, mav be
liable for costs incurred upon a responsible person's failure to appear as provided bv this
section.
Citv: The Florida municipal corporation situated within Miami-Dade Countv, Florida, and
known as the Citv of Miami Beach, Florida.
Costs incurred:Anv and all monetary costs directiv incurred bv the Citv in relation to the
investiqation, enforcement and/or prosecution of suspected criminal activities or transactions
which have been complained of, witnessed or reported bv a responsible person or concerninq
which a responsible person is required to appear at court proceedinqs.
Court proceedinqs: Any law enforcement, prosecutorial or iudicial proceedinqs related to the
reportinq, filinq, initiation or maintenance of a comqlaint or charqe concerninq a criminal
prosecution, includinq but not limited to State Attornev intake and pre-filina proceedinqs, filinq
of criminal proceedinqs, depositions, or court appearances.
Criminal charqe is nolle prossed, abandoned, dismissed or otherwise unsuccessful: When a
criminal complaint, case, or charqe is nolle prossed, abandoned, declined to be filed or further
prosecuted bv the State Attornev or Municipal Prosecutor, or is dismissed bv the State Attorney,
Municipal Prosecutor, or bv the court, or a verdict of"not quiltv" is made or directed bv the court,
directly upon the basis of the failure to appear of a resqonsible person.
Failure to appear: The failure of a responsible person to appear in court proceedinqs or to
comply with the requirements of this section, under circumstances in which the criminal charqe
is nolle prossed, abandoned, dismissed or otherwise unsuccessful.
Municipal Prosecutor: Anv of the prosecutinq attornevs for the City of Miami Beach assiqned
to prosecute criminal municipal ordinance violations on behalf of the Citv.
Person:Anv natural person, individual, firm, partnership, association, or corporation.
Responsible person:The person who, as a business owner or operator, or who as an
emplovee, officer or aqent of a business owner or operator, furnished information to police
initiates a report or files a compliant upon or concerninq suspected criminal activities or
2
transactions on behalf of anv business owner or operator or concerninq an incident in which it
is reported bv such person that criminal activities or transactions within the qolice iurisdiction of
the Citv mav have occurred at or concernin,g 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.
State Attornev: The reqular or specially assiqned prosecutina attornev for the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida.
� Service charqe imposed. Pursuant to the Citv's authoritv under its constitutional home rule
powers, as codified in Section 166.021, Florida Statutes, and as also authorized bv
Section 166.201, Florida Statutes, a service charqe in the full amount of the Citv's costs
incurred is herebv imposed upon the business owner or operator, in the event that a
criminal charqe is nolle prossed, abandoned, dismissed or otherwise unsuccessful as a
direct result of a responsible person's failure to appear in court proceedinqs. The identity
of each responsible person mav be noted in the applicable offense report or in a
supplemental report. A written certification bv the State Attornev, Court Administrator or
the Citv's Police Chief that a criminal charqe is nolle prossed, 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 obliqation of the business
owner or operator pursuant to this section. In lieu of imposinq a service charqe for the full
amount of the Citv's costs, the Police Chief mav, at his or her discretion, determine that a
service charqe of $250.00 shall be imposed based on the amount of time involved in the
case or other mitiqatinq conduct of the responsible person or business owner or operator.
� Computation of costs. If the service char4e is based upon the full amount of the Citv's
costs (the "Full Cost Formula"), the City's Chief Financial Officer shall calculate the costs
incurred bv the City's Police Department, based upon pertinent information provided in
writinq bv the Police Chief or his/her desiqnee.
� Appeal of determination. Anv person aqqrieved by a decision of the Chief Financial Officer
concerninq the calculation of costs incurred under the Full Cost Formula or aqarieved bv
a determination of the Police Chief to impose the above described $250.00 service charqe
as respectivelv provided bv this section, may appeal the matter to the Citv Manaqer. The
agqrieved person shall have 10 days from receivinq the respective written decision of the
City's Chief Financial Officer or Police Chief to file a written appeal to the Citv Manaqer.
The written appeal shall sqecify as to whether review is souqht as to the liabilitv of the
business owner or operator and/or as to the calculation of the costs incurred. The Citv
Manaqer mav accept, reiect, or modifv the decision of the Citv's Chief Financial Officer or
Police Chief, based upon the scope of review reauested and upon a review of the
information provided to the Citv Manaqer and his or her findinqs as to whether or not the
business owner or operator is, pursuant to the intent, purposes and requirements of this
section, liable for the costs incurred and as to whether the amount of the costs incurred
has been correctiv calculated. The Citv Manaqer shall find that the business owner or
o�erator is not liable for the costs incurred in the event that the business owner or operator
affirmativelv demonstrates that: (1) the responsible person no lonqer served as an
employee, aqent 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 solelv because the
responsible person did not receive a notice or subpoena to appear at court proceedinqs
if such notice or subqoena was reauired bv law; or (3) the responsible person's failure to
�ear was not caused bv the neqliqent, reckless or intentionallv wronqful conduct of the
responsible person and was unavoidable. Anv person aqqrieved bv a decision of the Citv
Manaqer mav timely seek iudicial review of the matter in a court of competent iurisdiction
to the extent and manner authorized bv applicable law.
3
� Liabilitv; collections. Each business owner and operator on whose behalf a responsible
person has failed to appear as required bv this section, shall be iointly and severally liable
to the Citv for the costs incurred as outlined herein as a result of such failure to appear.
Costs incurred pursuant to this section mav be collected by the City pursuant to the
followinq procedure:
� The service charpe imposed bv the City for the costs incurred shall be due and pavable
not later than 30 days after the date of the mailinq or hand delivery of the Citv's invoice
to the business owner or operator for cost recovery and said due date shall be
indicated upon the invoice of the Citv.
� If such service charqes are not fully paid bv the business owner or operator on or
before the past due date, a late fee of 5 percent shall be imposed by Citv and shall be
added to the outstandinq invoice. Unpaid balances of business owners or operators
for such service charqes and late fees shall be subiect to an interest charqe at the rate
of 1% per month in accordance with the provisions of paraqraph (3) below. Imposition
of said interest charqe shall commence for any delinquencv existinq 30 days after the
past due date of the invoice and shall continue to accrue until all service charqes, late
fees and interest charqes are paid.
� Service charqes and late fees, toqether with any interest charqes, shall be debts due
and owinq to the Citv and such debts shall be recoverable bv the Citv or its assiqnee
in any court of competent iurisdiction, 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 Citv Code.
� Implementation. The Citv Manaqer and Police Chief, with any necessary assistance from
the Citv Attornev, 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 charqes.
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, 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.
4
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the .J day of Sp,Q�rv1L<✓ , 2025.
.
ATTEST: SE� O $ ZO�S
��� � � ���r teven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions.
;M�'���,,
`-_��..................0'a,
Double underline denotes additions after first readin� �`s`� '�'�
,,
's '.INCORPrORATED.•` �
(Sponsored by Commissioner Tanya K. Bhatt) -.,�:, ��,=
-,�.., ��
�'�Q�����.:'`_�
Co-Sponsored by Commissioner Kristen Rosen Gonzalez �������
Co-Sponsored by Mayor Steven Meiner
. APPROVED AS TO
FORM & LANGUAGE
XECUTION
1 zz 12-o zs
ty Attomey� ' / Date
r
n�
5
Ordinances - R5 B
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 3, 2025 9:20 a.m. Second 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 CREATINC 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 cnminal 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 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 cou�t
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.
845 of 1750
Accordingly, the proposed Ordinance wouid authorize the recovery of all costs incurred by the
Police Department in connection with such unsuccessful prosecutions or, alternatively, 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 Ciry'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.
The proposed Ordinance has been amended after first reading to clarify that only if a business is
the complainant or reporter and victim of the commission of a criminal offense can it be subject
to the police cost recovery set forth in the Ordinance. This modification will remove any reluctancy
,or hesitation a business may have to report a crime occurring within its business premises when
the business itself is not the victim.
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 re4uire a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 7/31/2025
See BIE at: https://www.miamibeachfl.qov/city-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initially requested by a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
846 of 1750
Sponsor(s1
Commissioner Tanya K. Bhatt
Co-sqonsor(s1
Commissioner Kristen Rosen Gonzalez
Mayor Steven Meiner
Condensed Title
9:20 a.m. 2nd Rdg, Police Cost Recovery for Business Failure to Appear. (TB/KRG/SM) CA
Previous Action (For Citv Clerk Use Only)
First Reading Public Hearing on 7/23/2025 - R5 F
847 of 1750