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File ID: #1845
Resolution
Sponsored by: Commissioner Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR A
TERM OF THREE (3) YEARS FOR THE PURPOSE OF ENFORCING THE
APPLICABLE PROVISIONS OF SECTIONS 21-81(d)(1), (2), (4), (6) AND (7), AND
CHAPTER 8CC OF THE MIAMI-DADE COUNTY CODE WITHIN THE CITY OF MIAMI.
City of Miami
Legislation
Resolution
Enactment Number: R-17-0092
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1845 Final Action Date:2/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR A
TERM OF THREE (3) YEARS FOR THE PURPOSE OF ENFORCING THE
APPLICABLE PROVISIONS OF SECTIONS 21-81(d)(1), (2), (4), (6) AND (7), AND
CHAPTER 8CC OF THE MIAMI-DADE COUNTY CODE WITHIN THE CITY OF MIAMI.
WHEREAS, Section 21-81 of the Code of Miami -Dade County, Florida ("County Code")
prohibits the commission of all acts defined as misdemeanors under Florida Statutes and
declares that the commission of such acts are also County Code violations; and
WHEREAS, the Miami -Dade County Board of County Commissioners enacted County
Ordinance No. 15-47, which amended Section 21-81 of the County Code, to provide monetary
civil penalties for violations of certain misdemeanors such as littering, illegal use of dairy cases,
retail theft of shopping carts, possession of twenty (20) grams or less of cannabis, and
possession of drug paraphernalia; and
WHEREAS, the use of civil citations in lieu of arrest will provide law enforcement officers
with additional options when encountering a misdemeanant who has committed an enumerated
offense; and
WHEREAS, the decision to arrest or issue a civil citation will remain in the discretion of
the law enforcement officer; and
WHEREAS, a violator who has been served with a civil violation notice imposing a
monetary penalty for commission of an enumerated misdemeanor is eligible to enter the Miami -
Dade County Diversion Program, pursuant to Miami -Dade County Implementing Order 2-12,
which allows violators without economic means to satisfy a civil penalty by non -monetary
means;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized1 to execute an Interlocal Agreement
with Miami -Dade County for a term of three (3) years for the purpose of enforcing the applicable
provisions of Sections 21-81(d)(1), (2), (4), (6) and (7) and Chapter 8CC of the County Code
within the City of Miami.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 3/27/2017
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.