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Home My WebLink AboutBIE - Enhance Penalties - Committing Criminal Offenses (1/14/2026)M IAM I BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov TO: FROM: MEETING DATE: SUBJECT: Mayor Steven Meiner and Members of the City Commission Eric Carpenter,City Manager February 5,2026 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 CREATING SECTION 70-1.2 THEREOF,ENTITLED "EVIDENCING PREJUDICE WHILE COMMITTING OFFENSE;MINIMUM PENAL TY,"TO ESTABLISH A MINIMUM MANDATORY PENALTY FOR PERSONS WHO,WHILE COMMITTING A CRIMINAL MUNICIPAL ORDINANCE VIOLATION,EVIDENCE PREJUDICE BASED UPON THE RACE,COLOR,ANCESTRY,ETHNICITY,RELIGION,SEXUAL ORIENTATION,NATIONAL ORIGIN,HOMELESS STATUS,OR ADVANCED AGE OF THE VICTIM;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; c.Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E Business Impact Estimate Page 2 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. 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. Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E Ordinances - R5 Q COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:City Attorney Ricardo J. Dopico DATE:December 17, 2025 10:50 a.m. First Reading Public Hearing TITLE: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 CREATING SECTION 70- 1.2 THEREOF, ENTITLED “EVIDENCING PREJUDICE WHILE COMMITTING OFFENSE; MINIMUM PENALTY,” TO ESTABLISH A MINIMUM MANDATORY PENALTY FOR PERSONS WHO, WHILE COMMITTING A CRIMINAL MUNICIPAL ORDINANCE VIOLATION, EVIDENCE PREJUDICE BASED UPON THE RACE, COLOR, ANCESTRY, ETHNICITY, RELIGION, SEXUAL ORIENTATION, NATIONAL ORIGIN, HOMELESS STATUS, OR ADVANCED AGE OF THE VICTIM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for consideration by the Mayor and City Commission. The City of Miami Beach (“City”) is committed to equal protection under the law for all its residents and visitors, and acts of prejudice, bias, or hatred motivated by an individual’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age undermine the peace, safety, and welfare of the community. Not only do criminal municipal offenses committed with such prejudice harm the immediate victim, but such offenses also instill fear and intimidation in the broader community, including the City’s residents and visitors. The Florida Legislature, in Section 775.085 of the Florida Statutes, recognizes the need for enhanced penalties for State law offenses evidencing prejudice and, likewise, the proposed Ordinance would provide a similar penalty enhancement mechanism for criminal municipal ordinance violations. Specifically, the proposed Ordinance provides that any person convicted of a criminal municipal ordinance violation who is found to have intentionally selected the victim or committed the offense, in whole or in part, because of the victim’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age, shall be sentenced to a minimum mandatory period of incarceration of not less than thirty (30) days in the county jail. Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E 8 4 5 4 The proposed Ordinance, with minimum mandatory periods of incarceration for criminal municipal ordinance violations committed with prejudice, is necessary to deter such conduct and to reinforce the City’s values of equality, safety, and respect for all. FISCAL IMPACT STATEMENT None. 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) Mayor Steven Meiner Co-sponsor(s) Condensed Title Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E 8 4 5 4 NR- 10:50 a.m. 1st Rdg PH, Enhance Penalties/Evidencing Prejudice-Committing Criminal Offenses. (SM) CA Previous Action (For City Clerk Use Only) Not reached on 9/17/2025 - R5 Q Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E ORDINANCE NO. WHEREAS,the Florida Legislature,in Section 775.085 of the Florida Statutes,recognizes the need for enhanced penalties for State law offenses evidencing prejudice and,likewise,the City seeks to provide a similar penalty enhancement mechanism for local ordinance violations within its jurisdiction;and WHEREAS,the City Commission finds that enhanced penalties,with minimum periods of incarceration,for criminal municipal ordinance violations tjommittod with prejudice are necessary to deter such conduct and to reinforce the City’s values of equality,safety,and respect for all people;and WHEREAS,the Mayor and City Commission therefore find it to be in the best interest of the public health,safety,and welfare to enact this Ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS: WHEREAS,acts of prejudice,bias,or hatred motivated by an individual's race,color, ancestry,ethnicity,religion,sexual orientation,national origin,homeless status,or advanced age undermine the peace,safety,and welfare of the community;and WHEREAS,criminal municipal offenses committed with such prejudices not only harm the immediate victim but also instill fear and intimidation in the broadei community,including the City’s residents and visitors (or potential visitors);and WHEREAS,the City of Miami Beach (“City”)is committed to equal protection under the law for all its residents and visitors;and 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 CREATING SECTION 70-1.2 THEREOF,ENTITLED “EVIDENCING PREJUDICE WHILE COMMITTING OFFENSE;MINIMUM PENALTY,”TO ESTABLISH A MINIMUM MANDATORY PENALTY FOR PERSONS WHO, WHILE COMMITTING A CRIMINAL MUNICIPAL ORDINANCE VIOLATION, EVIDENCE PREJUDICE BASED UPON THE RACE,COLOR,ANCESTRY, ETHNICITY,RELIGION,SEXUAL ORIENTATION,NATIONAL ORIGIN, HOMELESS STATUS,OR ADVANCED AGE OF THE VICTIM;AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE. Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E ARTICLE I.IN GENERAL Section 70-1.2.Evidencing Prejudice while Committing Offense;Minimum Penalty. SECTION 2.REPEALER. 2 CHAPTER 70 MISCELLANEOUS OFFENSES All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 1 That Section 70-1 .2 of Article I of Chapter 70 of the Code of the City Miami Beach is hereby created as follows: (d)Unless the sentencing court makes a finding on the record that an alternative disposition is in the best interests of both the community and the defendant,the court shall not suspend,defer,or withhold imposition of the mandatory minimum thirty (30)day incarceration reguirement. (e)In determining whether the violation was motivated by prejudice,the court may consider statements,conduct,or any other relevant evidence. (f)The enhanced penalties provided herein shall be in addition to,and not in lieu of,any other avj liable criminal or civil remedies. (2)'Advanced age”means that the victim is older than 65 years of age. (c)It is an essential element of this section that the record reflects that the defendant perceived,kn e w .or had reasonable g rou nds to know or perce i ve that the victim was w i 1 1 1 i n a class delineated in this section. b.has a primary night-time residence that is either a supervised publicly or privately operated shelter designed to provide temporary acco rt imodation,or a publ i c or private place not designed for,or ordinarily used as,a regular sleeping accommodation for human beings. (a)In addition to any other penalty authorized by law,any person convicted of a criminal municipal ordinance violation who is found to have intentionally selected the victim or committed the offense,in whole or in part,because of the victim’s race,color,ancestry, ethnicity,religion,sexual orientation,national origin,homeless status,or advanced aqe. shall be sentenced to a minimum mandatory period of incarceration of not less than thirty (30)days in the county jail. (b)As used in paragraph (a),the term: (1)“Homeless status”means that the victim: a.lacks a fixed,regular,and adeguate nighttime residence;or Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E SECTION 3.SEVERABILITY. SECTION 4.CODIFICATION. SECTION 5.EFFECTIVE DATE. day ofThisOrdinanceshalltakeeffectonthe ,2025. PASSED Ah )ADOPTED this day of .,2025. ATTEST: Steven Meiner,Mayor Rafael E.Granado,City Clerk Underline denotes additions. (Sponsored by Mayor Steven Meiner) Date 3 If any section,subsection,clause or provision of this Ordinance is held invalid,the remaindershall not be affected by such invalidity. APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 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. Docusign Envelope ID: B5E06BF2-615C-42EA-9A39-0B726A214F4E