City of Coral Gables

File #: 17-6095    Version: 2 Name:
Type: Resolution Status: Adopted
File created: 5/15/2017 In control: City Commission
On agenda: 5/30/2017 Final action: 5/30/2017
Enactment date: 5/30/2017 Enactment #: 2017-113
Title: A Resolution of the City Commission of the City of Coral Gables, Florida, approving an Interlocal Agreement between Miami-Dade County and the City of Coral Gables for the enforcement of Section 8cc of the Miami-Dade County Code, as it relates to Section 21-81 of the Miami-Dade County Code, regarding the establishment of a Civil Citation Program.
Attachments: 1. Signed Resolution 2017-113, 2. Cover memo - civil citation interlocal, 3. RESO - civil citation prog interlocal, 4. Interlocal Agreement for 21-81 violations-FINAL, 5. CCMtg May 30 2017 - Agenda Items J-1 J-2 and J-3 various

Title

A Resolution of the City Commission of the City of Coral Gables, Florida, approving an Interlocal Agreement between Miami-Dade County and the City of Coral Gables for the enforcement of Section 8cc of the Miami-Dade County Code, as it relates to Section 21-81 of the Miami-Dade County Code, regarding the establishment of a Civil Citation Program.

Body

Section 21-81 of the Miami-Dade County Code applies to all municipalities in the County and is enforced, in part, through civil penalties under Section 8CC of the County Code.  In 2015, Miami-Dade County approved the amendment of Section 21-81 of the County Code which provides for civil penalties for certain misdemeanors.  The intent of the amendment was to reclassify what was formally considered criminal behavior and allow a police officer the discretion to either apprehend the offender or issue a civil citation.  The misdemeanor offenses that are eligible to receive a civil citation in lieu of arrest are violations of: the Florida Litter Law (Sec. 403.413(6)(b), F.S.), Illegal Use of Dairy Cases, Egg Baskets, Poultry Boxes or Bakery Containers (Sec. 506.509, F.S.), Trespass on Property other than a Structure or Conveyance (Sec. 810.09, F.S.), Retail Theft by Removal of a Shopping Cart (Sec. 812.015(1)(d), F.S.), Loitering or Prowling (Sec. 856.021, F.S.), Possession of Cannabis in an amount of 20 grams or less (Sec. 893.13(6)(b), F.S.), and Possession of Drug Paraphernalia (Secs. 893.146 and 893.147(1)(b), F.S.).  Municipalities in the County may enforce the provisions of Section 21-81 of the County Code, pursuant to Section 8CC-11 upon the adoption by the County and municipality of an interlocal agreement.