§ 14-1. Misdemeanor; adoption of state law; penalties.

(a)

It shall be unlawful and a violation of this chapter for any person to commit within the city, any act which is recognized by the laws of the state as a misdemeanor.

(b)

All statutes of the state defining and prohibiting criminal offenses against the state not punishable by death or by imprisonment in the state prison and defined by state law as misdemeanors are adopted and incorporated by reference as part of this article to the same extent and to the same effect as if the provisions of each such statute was set out in full herein defining and prohibiting each such offense against the state to be an act prohibited by or an offense in violation of this article.

(c)

All acts defined as misdemeanors in said state statutes are hereby prohibited and declared to be violations of this chapter and any person shall, upon conviction in the court of appropriate jurisdiction for violation thereof, be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment, but in no case shall the fine or imprisonment imposed under this chapter be greater than the maximum fine or penalty for the same offense under the state statute.

(d)

Notwithstanding subsections (a) through (c), the following misdemeanor(s) under state law are eligible to receive a civil violation notice, at the discretion of a law enforcement officer, provided that such violations are not charged in conjunction with any charge that is a felony, driving under the influence, incident involving domestic violence, or violent crime, as those terms are defined under state law:

(1)

Possession of cannabis in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b), as such may be amended from time to time; and/or

(2)

Possession of drug paraphernalia, as set forth in F.S. §§ 893.146 and 893.147(1)(b), as such may be amended from time to time.

An individual issued a civil violation notice for a violation of subsection (d)(1) or (d)(2) will be subject to the fine set forth herein.

(3)

Penalties and enforcement.

a.

A person in violation of subsection (d)(1) or (d)(2) shall receive a fine of $100.00.

b.

Enforcement. The Miami Gardens Police Department shall enforce this section. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a police officer finds a violation of (d)(1) or (d)(2), the police officer will be authorized to issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten days after service of the notice of violation, and that failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing.

(4)

Rights of violator; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special master.

a.

A violator who has been served with notice of violation must elect to either:

i.

Pay the civil fine in the manner indicated on the notice of violation; or

ii.

Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation.

b.

The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in chapter 8 of the Code.

c.

Each violation of the article shall be subject to enforcement though chapter 8, Code Enforcement, as may be amended from time to time.

d.

The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation.

e.

The special master shall not have discretion to alter the penalties prescribed in subsection (3)(a).

(e)

The city police department shall have the authority to enforce all provisions of this chapter.

(County Code, § 21-81; Ord. No. 2015-13-343, § 2, 9-23-2015)

Case Law annotation— A municipality may enact an ordinance which creates an offense against municipal law for the same act that constitutes an offense against state law. Jaramillo v. City of Homestead, 322 So. 2d 496 (Fla. 1975). A municipality by ordinance may adopt state misdemeanor statutes by specific reference or by general reference, such as that contained in an ordinance making it unlawful to commit, within city limits, any act which is or shall be recognized by the laws of the state as a misdemeanor. Id. An adoption by general reference of a misdemeanor statute permits subsequent amendments, revisions and repeals of the laws by the state legislature to apply to the municipal ordinances. Id. See also Hecht v. Shaw, 112 Fla. 762, 151 So. 333 (1933); McFarland v. Roberts, 74 So. 2d 88 (Fla. 1954); and State v. Smith, 189 So. 2d 846 (Fla. 4th D.C.A. 1966).

State law reference

Penalty for violation of misdemeanors, F.S. §§ 775.082, 775.083; discharging firearms in public, F.S. § 790.15.