HomeMy WebLinkAboutR-20-0186City of Miami
Resolution R-20-0186
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7457 Final Action Date: 6/25/2020
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 VIOLATIONS OF SPECIFIED SECTIONS OF THE CODE OF
MIAMI-DADE COUNTY, FLORIDA ("COUNTY CODE"), AS THEY MAY BE
AMENDED FROM TIME TO TIME, THROUGH CIVIL CODE PENALTIES
PURSUANT TO CHAPTER 8CC OF THE COUNTY CODE, INCLUDING
UTILIZING THE MIAMI-DADE COUNTY DIVERSION PROGRAM FOR
SATISFACTION OF ANY ELIGIBLE CIVIL CITATIONS ISSUED WITHIN THE
CITY OF MIAMI.
SPONSOR(S): Commissioner Ken Russell, Commissioner Keon Hardemon
WHEREAS, Section 901.15, Florida Statutes, authorizes the arrest of a person without a
warrant when the person has committed a misdemeanor or violated a municipal or county
ordinance in the presence of the officer as defined in Section 943.10(1), Florida Statutes; and
WHEREAS, Section 1-5 of the Code of Miami -Dade County, Florida, as amended
("County Code"), provides that any person who violates or fails to comply with the County Code
shall, in addition to all other enforcement measures authorized in the County Code or by other
applicable laws including fines not to exceed $500.00, imprisonment in the county jail for a
period not to exceed sixty (60) days, or both; and
WHEREAS, Section 21-81 of the 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, pursuant to Section 8CC-11 of the County Code and Resolution Nos. R-
786-15 and R-136-16, the Miami -Dade Board of County Commissioners ("County Commission")
previously authorized municipalities, universities, colleges, district school boards, and their
respective police departments to enforce County monetary civil code penalties for violations of
the following sections of the County Code within their respective jurisdictions and to utilize the
Miami -Dade County ("County") Diversion Program for satisfaction of any eligible civil citations
issued within their respective jurisdictions:
Sec. 21-81(d)(1) (Florida litter law)
Sec. 21-81(d)(2) (illegal use of dairy cases, egg baskets, poultry boxes, or bakery
containers)
Sec. 21-81(d)(4) (retail theft by removal of shopping cart)
Sec. 21-81(d)(6) (possession of cannabis in an amount of 20 grams or less)
Sec. 21-81(d)(7) (possession of drug paraphernalia); and
City of Miami Page 1 of 3 File ID: 7457 (Revision:) Printed On: 5/5/2025
File ID: 7457 Enactment Number: R-20-0186
WHEREAS, the City of Miami ("City") and the County thereafter entered into an
Interlocal Agreement for the purposes of enforcing the above -referenced County Code sections;
and
WHEREAS, the County Commission recently adopted Resolution No. R-957-19 to allow
municipalities, universities, Florida College System institutions, and district school boards within
the County to enforce county monetary civil code penalties for violations of the following
additional sections of the County Code, as they may be amended from time to time, through
Chapter 8CC of the County Code and to allow such entities to utilize the County Diversion
Program for satisfaction of any eligible civil citations issued within their respective jurisdictions:
Sec. 7-1(c) (failure to observe salt barrier line)
Sec. 7-3 (swimming or fishing from prohibited roads or bridges)
Sec. 7-4 (mooring violations)
Sec. 7-22.1 (failure to pay County vessel registration fee)
Sec. 7-26 (operating a motorboat in restricted zones)
Sec. 7-26.1 (violating maximum sound level standards)
Sec. 7-33 (mooring to bank)
Sec. 7-34 (failure to secure moored vessel)
Sec. 7-35 (nesting of vessels as encroachment)
Sec. 7-37 (abandonment of vessel)
Sec. 8A-52 (bulk sales of fruits or plants without certificate)
Sec. 8A-172 (conducting business without a local business tax receipt)
Sec. 8A-276(b) (failure to display commercial vehicle markings)
Sec. 21-21 (solicitation of drinks in alcoholic beverage establishments)
Sec. 21-21.2(b) (adult violators regarding open house party)
Sec. 21-21.3 (sale of drug -related paraphernalia)
Sec. 21-24.1 (false statements with intent to receive benefit)
Sec. 21-27.1 (selling merchandise near schools)
Sec. 21-27.2 (selling merchandise near parks)
Sec. 21-28 (producing loud or excessive noise)
Sec. 21-29(b) (violation of secondhand dealer records requirements)
Sec. 21-29.1 (private business on County property)
Sec. 21-31.1 (disorderly conduct and loitering)
Sec. 21-31.2(b)(1) (consumption of alcohol in open containers near store)
Sec. 21-31.2(b)(2) (possession of alcohol in open containers near store)
Sec. 21-31.4(b) (obstructing traffic or aggressively begging)
Sec. 21-35(d) (public intoxication by glue, cement, or solvents)
Sec. 21-36 (sidewalk solicitation of business)
Sec. 21-36.1 (street corner window washers)
Sec. 21-36.3(c) (solicitation in public right-of-way at prohibited intersections)
Sec. 21-38(a) (distributing syringe without prescription)
Sec. 21-51 (engaging in motor vehicle business without license)
Sec. 21-56 (failure to maintain motor vehicle records)
Sec. 21-57 (destroying motor vehicle without documentation)
Sec. 21-118 (theft of plants and fruits and trespass)
Sec. 21-133 (renting to bingo operator without permit)
Sec. 21-136 (failure to wear tags evidencing name and charity)
Sec. 21-287 (rafting)
Sec. 26-1 (parks violations)
Sec. 26A-2A (keeping a sanitary nuisance)
Sec. 31-105 (driving a passenger motor vehicle without chauffeur's registration); and
City of Miami Page 2 of 3 File ID: 7457 (Revision:) Printed on: 5/5/2025
File ID: 7457 Enactment Number: R-20-0186
WHEREAS, the use of civil citations in lieu of arrest will provide City Police Officers with
additional enforcement options when encountering a misdemeanant or County Code violator
who has committed one of the above enumerated offenses; and
WHEREAS, in accordance with the proposed Interlocal Agreement, attached and
incorporated as Exhibit "A", a violator who has been served with a civil violation notice imposing
a monetary penalty for commission of an enumerated misdemeanor or County Code violation
may enter the County Diversion Program pursuant to County Implementing Order 2-12, which
will allow 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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized1 to execute an Interlocal Agreement,
in substantially the form attached, with the County for a term of three (3) years for the purpose
of enforcing the applicable provisions of Sections 7-1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-
34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21-21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-
27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-31.2(b)(2), 21-31.4(b), 21-35(d), 21-
36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d)(1),(2),(4),(6), and (7), 21-118,
21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code, as they may be
amended from time to time, pursuant to Chapter 8CC of the County Code, including utilizing the
County Diversion Program for satisfaction of any eligible civil citations issued within their
respective jurisdictions for violations occurring within the City.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 6/2/2020
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 3 of 3 File ID: 7457 (Revision:) Printed on: 5/5/2025