HomeMy WebLinkAboutOrdinance 2026-4798ORDINANCE NO. 2026-4798
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.
WHEREAS, the City of Miami Beach ("City") is committed to equal protection under the
law for all its residents and visitors; and
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 prejudice not only harm the
immediate victim but also instill fear and intimidation in the broader community, including the City's
residents and visitors (or potential visitors); and
WHEREAS, the City Commission finds that enhanced penalties, with minimum periods of
incarceration, for criminal municipal ordinance violations committed 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 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 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:
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:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE 1. IN GENERAL
Section 70-1.2. Evidencing Preiudice while Committing Offense; Minimum Penalty.
(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 age,
shall be sentenced to a minimum mandatory period of incarceration of not less than thirty
(30) days in the county rail.
(b) As used in paragraph (a), the term:
"Homeless status" means that the victim:
a. lacks a fixed, regular, and adequate nighttime residence: or
b. has a primary night-time residence that is either a supervised publicly or privately
operated shelter designed to provide temporary accommodation, or a public or
private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
"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, knew, or had reasonable grounds to know or perceive that the victim was within
a class delineated in this section.
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 requirement.
(e) In determining whether the violation was motivated by prejudice, the court may consider
statements, conduct, or any other relevant evidence.
The enhanced penalties provided herein shall be in addition to, and not in lieu of, any other
available criminal or civil remedies.
SECTION 2_ REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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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 /f day of Feby-Li , 2026.
PASSED AND ADOPTED this
ATTEST:
FEB 0 9 2026
IN
Rafae E. Granado, City Clerk
Underline denotes additions.
(Sponsored by Mayor Steven Meiner)
S dayof-C6r�car� , 2026.
Steven Meiner, Mayor
Co -Sponsored by Commissioner Tanya K Bhatt
CO -Sponsored by Commissioner Joseph Magazine
Co -Sponsored by Commissioner Alex J. Fernandez
Co -Sponsored by Commissioner Monica Mateo -Salinas
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I z-? a t-
i y Dote
Ordinances - R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM City Attorney Ricardo J Dopico
DATE February 5. 2026 9 50 a m. Second 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 victims 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.
949 of 2180
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: 1/14/2026
See BIE at: https://www.miamibeachfl._qov/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?
No
Is this item related to a G.O. Bond
Project?
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 prmcipal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Commissioner Joseph Magazine
Condensed Title
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9:50 a.m. 2nd Rdg, Enhance Penalties/Prejudice-Committing Criminal Offenses. (SM/TB/JM)
CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 12/17/2025 - R5 Q
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