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Home My WebLink About2006-26103 ResoRESOLUTION NO. 2006-26103 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESOLVING THAT, PURSUANT TO SEC. 21-279(b), MIAMI-DADE COUNTY CODE OF ORDINANCES, THE PROVISIONS OF MIAMI-DADE COUNTY ORDINANCE NO. 05-206 DO NOT APPLY WITHIN THE JURISDICTION OF THE CITY OF MIAMI BEACH; FURTHER DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS IMMEDIATELY UPON APPROVAL; SETTING AN EFFECTIVE DATE. WHEREAS, on November 15, 2005, the Miami-Dade Board of County Commissioners approved Ordinance No. 05-206, also known as "The Miami- Dade County Sexual Offender and Sexual Predator Ordinance," (the "County Ordinance") pertaining to Chapter 21 of the Code of Miami-Dade County entitled "Offenses and Miscellaneous Provisions; and WHEREAS, Ordinance No. 05-206 created Article XVll, prohibiting sexual offenders and sexual predators convicted of certain crimes from living within 2,500 feet of specified locations within Miami-Dade County; and WHEREAS, Sec. 21-279(b), Miami-Dade County Code of Ordinances, provides that, within ninety (90) days after the effective date of the County Ordinance (the "Opt-Out Provision"), a municipality may adopt a resolution providing that the County Ordinance shall not apply in said municipality; and WHEREAS, the effective date of the County Ordinance is November 25, 2005; and WHEREAS, the "Opt-Out Provision" is available to municipalities until February 25, 2006; and WHEREAS, on June 8, 2005, the Miami Beach City Commission adopted Ordinance No. 2005-3485, (the "City Ordinance"), amending Chapter 70 of the Miami Beach City Code, creating Article VI, entitled "Sexual Offenders and Sexual Predators"; and WHEREAS, there are differences between the County Ordinance and the City Ordinance; and WHEREAS, in instances where the provisions of the County Ordinance are more restrictive, the County Ordinance would apply, and in instances where the provisions of the City Ordinance are more restrictive, the City Ordinance would apply; and WHEREAS, the applicability of two separate ordinances dealing with the same subject has the potential of creating confusion with the administration and enforcement of the ordinance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, Section One: That pursuant to Sec. 21-279(b), Miami-Dade County Code of Ordinances, the provisions of Miami-Dade County Ordinance 05-206 shall not apply within the jurisdiction of the City of Miami Beach; and further directing that the City Clerk provide a copy of this Resolution to the Clerk of the Board of County Commissioners immediately upon approval. Section Two' This Resolution shall take effect/ul~ PASSED and ADOPTED this ATTEST: CITY CLERK Robert Parcher T:~AGENDA~006\feb0806\Regular\Secual Predator Opt Out.doc 'i~~~foption. / 8th / ~/ry ~~_ DMaAvYidO DRermer APPROVED A8 TO FORM & LANGUAGE & FOR EXECUTION City.~,{torney - -- Oa~ Condensed Title: COMMISSION ITEM SUMMARY I A Resolution exempting the City of Miami Beach from the provision of Miami-Dade County Ordinance 05-206, entitled "The Miami-Dade County Sexual Offender and Sexual Predator Ordinance." Key Intended Outcome Supported: IMaintain crime rates at or below national trends. Issue: IShall the City "opt-out" of the County's Sexual Predator Ordinance, since there is already an existing City Sexual Predator Ordinance? Item Summary/Recommendation: On November 15, 2005, the Miami-Dade Board of County Commissioners adopted Ordinance No. 05-206, prohibiting sexual offenders and sexual predators convicted of certain crimes from living within 2,500 feet of specified locations within Miami-Dade County. On June 8, 2005, the City of Miami Beach adopted Ordinance No. 2005-3485, prohibiting sexual offenders and sexual predators convicted of certain crimes from living within 2,500 feet of specified locations within the City of Miami Beach. Since there are differences betWeen the County Ordinance and the City Ordinance, the applicability of tWo separate ordinances has the potential to create confusion in the administration and enforcement of the ordinances. The County Ordinance provides a 90-day window for a municipality to "opt-out" of the County Ordinance. Advisory Board Recommendation: IThe Neighborhoods/Community Affairs Committee considered the item at its February 2, 2006 meeting and recommended that the City "opt out" of the applicability of the County Ordinance. Financial Information' Source of Amount Account Approved Funds: N/A 2 3. I OBPI !: T°tal ~ Financial Impact Summary: City Clerk's Office Legislative Tracking: IKevin Crowder, Economic Development Sign-Offs: Department. Director. Assistant City Manager Cjty Manager MIAMIBEACH AGENDA ITEM DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwv.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission J°rge M' G°nzalez' City Manager t~"J~"~February 8, 2006 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESOLVING THAT, PURSUANT TO SEC. 21-279(b), MIAMI-DADE COUNTY CODE OF ORDINANCES, THE PROVISIONS OF MIAMI-DADE COUNTY ORDINANCE NO. 05-206 DO NOT APPLY WITHIN THE JURISDICTION OF THE CITY OF MIAMI BEACH; FURTHER DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS IMMEDIATELY UPON APPROVAL; SETTING AN EFFECTIVE DATE. ADMINISTRATIVE RECOMMENDATION Adopt the resolution. BACKGROUND As you may be aware, last November the Miami-Dade County Board of Commissioners approved the Miami-Dade County Sexual Offender and Sexual Predator Ordinance (#05- 206). Included within its enabling legislation were provisions for local municipalities to opt out of the requirements of this new ordinance. Such decision by a local municipality is to be made within 90 days of the implementation of the ordinance, which is 90 days from November 25, 2005 or February 25, 2006. In reviewing the ordinance, City Attorney Murray Dubbin has opined that there are similarities and distinctions between the County's new ordinance and the groundbreaking legislation approved by the Miami Beach City Commission on June 8, 2005. A copy of this analysis is attached for your reference. In some instances, provisions of the City's ordinance are more restrictive than .provisions included in the County's new ordinance. The same applies for certain requirements of the County's ordinance. ANALYSIS The City of Miami Beach Was a leader in developing this type of legislation. The City's ordinance served as a blueprint for many other jurisdictions in developing similar legislation. The City's ordinance was a product of community input and discourse. It effectively established measures to ensure the safety of our residents and community without creating undue or unnecessary burdens. Currently, the City retains the flexibility to adjust or amend its ordinance to respond to our unique local needs or trends. This level of flexibility would not. be possible with the adoption of a County ordinance, as amendments of a County ordinance would require requisite approvals of the County Commission and require some broader, more County-wide implications. However, the current City ordinance could be amended to incorporate elements of the County's ordinance, as may be desired. At its meeting of February 2, 2006, the Neighborhoods/Community Affairs Committee recommended that the City exercise its option to opt out of the provisions of County ordinance No. 05-206. CONCLUSION At this time it is recommended that the City of Miami Beach exercise its option to opt out of the provisions of County ordinance 05-206 Sexual Offenders and Sexual Predators by approving this resolution. HMF: ah Attachment cc: Murray Dubbin, City Attorney T:~GENDA~006\feb0806\Regular\Sexual Predators Sexual Offenders Comm Memo.doc CITY OF MIAMI BEACI~ - ?~ CITY ATTORIN~Y'S OFFICE~. ~' ~. ~'~.. '"-.~./' ~" · ..~,.-. . '..-..... ":' ..... ... · ' · ' ' TO:' :' ' Co~issioner Saul Gr°~'''' .' . · · '. . -.~Mu~ay H. Dublin.· '.. . ' . ~.....,:", ....-'. ~ .~ ~". )..~ '..~: .-:~ - .... -DAT ,- t '.. :' ......S~~:.....~ml: ~S~~n:~'.~t°~7~Co~.~nd~i~.O~d~an~ -. ~' .: mor* mmPmfivor~ew'of~, ~o'md haw ~e fO~o~g co,mm.'": .' ..... .' '"~. '. .'3 _ ~, Com~ O~~e, (Co~) m a major ~xtmt ~ ~ l~ag, of~ Mimi Beth ~~ ~Ci~). It differ~ in ~e follow~g ~poc~: .' . · 1) ~e Co~ go~ ~m ~mt~ de~l ~ d~fi~g "child em f~i~ "con~ction" ~d nmb~ of o~ tern (S~tion 21-280). ~ i~ nei~er mo~ nor I~ ~sffictive, ~ 2) ~ Co~ t~ge~ o~y"~chool~" for ~mtion p~o~ (S~fion21-281 [al), wh~ .. - ~e Ci~ t~gets a"~ehool, de~i~at~ ~ch~l bu, ~top, day ~ c~t~, P~ pla~~d ~ or o~ plao[ wh~ c~l~n ro~l~ly con~,~t,' (S~eOon 70-402 Ia] ). ~, I. ~ 3) ~ Co~ pmhdes a p~ ofup m $1,0~ m~or ~~o~t for up to 3~ ~ ? v~olafion (S~tion 21-281 Icl), wh~e~ ~ Ci~pro~d~ for a ~o of up to'$5~ or ' mpn~om~t for up to ~0 da~ for a off , offe e would b~ ~ ~q~v~t of~e ~ty ~. Accor~gly, ~e Co~ ~ p~ for flint offen~e i~ mo~ ~ ~ffing~t ~d, ~efor~, mom r~cfiv~. 4) ~c Coun~ r~ov~s ~om ~e' d~fion of r~id~ce, m offcnd~'s residence illeg~ multi- f~ily ~~ent ~t ~ a ~n~e ~ly n~gh~~ (section 21-282 [a]). ~c CiV m~cs no such exc~on md, ~fo~, ~ Ci~s c~e ismo~ ~c~vc. 5) ~e Co~ de~es "~o~n~y renting" to ~clude, but not be ~t~ to r~fing ~er being nogfi~ t~t ~e pmspc~ve rcnt~ is a ~xu~ off. der (Sec~on 21-283 [a]). ~e Ci~ do~ not have such a definition. ~e Co~ is n~ more nor less res~ctive in I I I · 6) Thc County establishes a mandatory procedure for an owner/lessor to determine whether a prospective renter is a registered sexual offender (Section 21-283 [bi). The Cityhas no' such provision. In this case, I would consider the County to be more restrictive in that the provision is mandatory upon a landlord and, therefore, would ~ply to rentals in the City. I believe the City Police Department has the ability to assist in the. compliance with this Section. 7) 8) The County provides a penalty On the landlord who violates Section 21-283 (a), mmel~. $~00 or ~0 days, or both, for · ~st o~ense and SZ,O00 or 364 days for a second o~ens~. (Section 21-283 (c]). Miami Beach only provides for a code Violation for a landlord failing to comply. Therefore, I would consider the County provision more stringent and, therefore, more restrictive. · The County has a s separate section prohibiting a sexual offender or sexual predator from knowingly being present in a County or municipal park when an unescortcd child under 16 is present (Section 21-284 Ia]). The County requires signage at the entrance to the Park notifying the public of the prohibition (Section 21-284 lb] and also prohibits said offender from being present in a child care facility, with some exceptions (Section 21- 284 [c]). The Section also sets penaltiesofa fine of up to $500 md/or imprisonment up to 60 days, for the first offense. A second offense increases the penalty to up to $1,000 and/or up to 364 days. Thc City has no such provision and, therefore, this Section would be mandatory on thc City. As provid~ in the County Code where the provisions of the County Ordinance are more restrictive, thc County Ordinance would apply. Where the City Code is more restrictive, thc City Code would apply. If the County Ordinance creates confusion in the administration of the Ordinance, the City has the - option of opting out. We may also want to examine the County Ordinance with a view of adopting some of its provisions, particularly as the details it sets forth. However, the City Ordinance affects more locations and is, therefore, more restrictive as t9 that aspect and is the law of the City. I hope that this will be of some help. City Manager Jorge M. Gonzalez Ga~ Held, First Assistant City Attorney lorge Gomez, Planning. Director 5O MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK Tel: 305-673-7411 , Fax: 305-673-7254 FAX COVER SHEET TO: Kay Sullivan, Director Clerk of the Board of County Commissioners FAX #: 305-375-2484 FROM: Lillian Beauchamp Office Associate IV 305-673-7000 ext. 6581 DATE: February 10, 2006 # OF PAGES: 9 Pages SUBJECT: Transmittal of Resolution No. 2006-26103 adopted on February 8, 2006 by the Miami Beach Commission. Please see a~ached. Thank you. We are cornrnitted to providing excellent public service and safe~, to ali who live, work, and play in our vibrant, tropical, historic community. -COMM. JOURNAL- ******~******~**** DATE FEB-10-2006 ***** TIME MODE = MEMORY TRANSMISSION FILE NO.=61S STN NO. COMM. ABBR NO. 001 OK ~ START=FEB-10 12:24 END=FEB-10 12:27 STATION NAME/TEL NO. PAGES DURATION 93053?52484 009×009 00:02:2? -CITY MIAMI BCH CLERK DEPT- ************************************ -CITY CLERK DEPT - ***** - 305 6737254- MIAMI'BEACH City et Miami Beach, 1700 Convenllon Center Drive, Mioml Beach, Florida 33139, w~'w.mlamibeachfl.go¥ OFFICF OF THE CITY CLERK Tel: 305-673-7411 , Fox: 305.673-7~'5.4 FAX COVER SHEET TO: FROM: Kay Sullivan, Director Clerk of the Board of County Commissioners FAX #: 305-375-2484 Lillian Beauchamp Office Associate IV 305-673-7000 ext. 6581 DATE: February 10, 2006 # OF PAGES: 9 Pages SUBJECT: Transmittal of Resolution No. 2006.26103 adopted on February 8, 2006 by the Miami Beach Commission. Please see attached, Thank you. MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK Tel: 305.-673-7411 , Fax: 305-673-7254 FAX COVER SHEET TO: Harvey Ruvin Clerk of the Courts FAX #: 305-349-7403 FROM: Lillian Beauchamp DATE: February 10, 2006 Office Associate IV # OF PAGES: 9 Pages 305-673-7000 ext. 6581 ., SUBJECT: Transmittal of Resolution No. 2005-25103 adopted on February 8, 2006 by the Miami Beach Commission. Please see attached. Thank you. We ore carrtrnitted to prov'aing excellent public service and safe,¥ to oti who live, work, and plo),, in our vibrant, tropical., historic communi~, . -COMM. JOURNAL- *~*~*~z~** DATE FEB-10-2006 ~*~ TIME 12:29 MODE = MEMORY TRANSMISSION FILE N0.=616 STN NO. COMM.· ABBR NO. 001 OK ~ START=FEB-10 12:27 END=FEB-10 12:29 STATION NAME?TEL NO. PAGES DURATION 9J05J49740~ 009×009 00:01:20 -CITY MIAMI BCH CLERK DEPT- ************************************ -CITY CLERK DEPT - ***** - 505 6737254- ",.$' MIAMIBEACH City ,.,f Miami Sea, h, 1700 Convention Center Drive, Miami Beach, t;Iorido 33139, www. mlamlbeachfl.goY OFFICE OF THE CiTY CLERK T~I: $05.~75.7411, Fax: 305-673-7254 FAX COVER SHEET TO: Harvey Ruvin Clerk of the Courts FAX #: 305-349-7403 FROM: Lillian Beauchamp DATE: February 10, 2006 Office Associate IV # OF PAGES: g Pages 305-673-7000 ext. 6581 SUBJECT: Transmittal of Resolution No. 2006-26~ 03 adopted on February 8, 2006 by the Miami Beach Commission. Please see attached. Thank you. We ore comrni#ed ro providir~ excetJen~ public service and safely ~o all who live. work. and pt~ ir~ our vibror~t, hoplcol, t~l$1~#c commur,i¥, Message Page 1 of 1 Beauchamp, Lillian From: Collins, Diane (COC) [DDCl@miami-dadeclerk.com] Sent: Friday, February 10, 2006 1:52 PM To: Beauchamp, Lillian Subject: Miami Beach Resolution 2006-26103 Lillian The Miami-Dade County Clerk of the Board has received a copy of the above noted resolution via facimile. Diane Collins Clerk of the Board Division 305-375-4906 2/10/2006