Item T2BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
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Tine Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: T2
Agenda Item Summary #2161
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
n/a
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of a
proposed ordinance making it a civil infraction for adults to possess five grams or less of marijuana
and related drug paraphernalia to be held on December 14, 2016 in Key Largo, FL at 3:00 p.m. or as
soon thereafter as may be heard.
ITEM BACKGROUND: The item seeks approval to advertise a public hearing to consider
adoption of a proposed ordinance prohibiting the possession of five grams or less of cannabis and
related paraphernalia and establishing non - criminal penalties for such violations.
Under Florida law, a person convicted of possession of 20 grams or less of cannabis is guilty of a
first degree misdemeanor punishable by up to one year in jail and a $1,000 fine, F.S. 893.13(6)(b).
In addition, the Department of Highway Safety and Motor Vehicles must revoke that person's
driver's license for one year, F.S. 332.055.
Proponents of alternative civil sanctions for possession of small amounts of marijuana contend that
criminal prosecution for this type of offense results in unnecessary costs associated with
incarceration and prosecution of these cases. Proponents also argue that young adults who are
convicted of misdemeanor amounts of marijuana encounter difficulty obtaining jobs or earning
college degrees.
At the direction of the Board, the County Attorney drafted a proposed ordinance which would
establish civil penalties for possession of small amounts of cannabis and related drug paraphernalia.
Under the draft ordinance, a law enforcement officer with probable cause to believe that an adult is
in possession of five grams or less of cannabis and related drug paraphernalia would have the option
of issuing a civil notice to appear in County Court. Upon being found in violation of such an
offense, a person could be fined between $100 and $500. Violations of the ordinance would NOT
result in a criminal record for the defendant.
The draft ordinance establishes five grams as the maximum amount of cannabis a person could
possess and still be eligible for this alternative sanction. According to information provided by the
Sheriff's Office, possession of five grams or less of cannabis is usually associated with personal
consumption.
PREVIOUS RELEVANT BOCC ACTION: On 7/15/15, the BOCC directed the County Attorney
to draft an ordinance banning the possession of small amounts of cannabis, the violation of which
would not result in a criminal record for those found in violation.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to advertise.
DOCUMENTATION:
Marijuana County Ordinance Civil Infraction Payable stamped for legal sufficiency
MCSO memo re 5 grams
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: $200 ESTIMATED ADVERTISING COSTS
Current Year Portion:
Budgeted: Yes
Source of Funds: 4001 -00101 BOCC ADMINISTRATIVE FUND
CPI: N/A
Indirect Costs: TBD
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant: No.
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount: TBD
The ordinance is intended to reduce costs associated with incarceration and prosecution through
the criminal justice system. However, until the ordinance is enacted and utilized, there won't be
any basis for determining cost savings, if any.
10/19/16 001 -00101 - BOCC ADMINISTRATIVE
Estimated Advertising Costs
$200.00
REVIEWED BY:
Bob Shillinger Completed 10/31/2016 12:49 PM
Kathy Peters Completed 11/01/2016 11:43 AM
Board of County Commissioners Pending 11/22/2016 9:00 AM
ORDINANCE NO. — 2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CREATING SECTION 17 -7 OF THE
MONROE COUNTY CODE, PROHIBITING THE POSSESSION OF
CANNABIS (MARIJUANA) BY ADULTS IN AMOUNTS OF FIVE
(5) GRAMS OR LESS AND THE POSSESSION OF DRUG
PARAPHERNALIA RELATED TO THE INGESTION OF
CANNABIS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under Article VIII, § 1(f), Fla. Const., the Board of County Commissioners has the
authority to legislate on the any matter that impacts the health, safety and welfare of its citizens
on a county -wide basis except where a municipality has adopted an ordinance in conflict with the
County Code or where otherwise prohibited by state Iaw; and
WHEREAS, §§ 893.13(6)(b), 893.146, and 893.147(1)(6), Fla. Stat. prohibit a person from
possessing small amounts of marijuana and paraphernalia, which impose punishments for those
convicted incarceration for up to a year, fines of up to $1,000;00, and revocation of driver
licenses for up to a year; and
WHEREAS, the Board finds that the public interest would be served by providing an alternative
to such penalties that do not result in a criminal record; and
WHEREAS, § 775.08(2), Fla. Stat. expressly excludes violations of county ordinances from the
definitions of the terms "misdemeanor" and "non- criminal violation" and by implication from
the definition of the term "crime" therefore a violation of a county ordinance is not necessarily a
crime or criminal offense in the state of Florida, see Op. Att'y Gen. Fla. 76 -192 (1976); and
WHEREAS, although not "crimes," § 943.051(2), Fla. Stat. and Fla. Admin. Code R. 11 C-
4.003(1) expressly require law enforcement agencies to capture biometric data (e.g. fingerprints)
on any adult arrested for or convicted of a violation of a County ordinance comparable to a
violation of a State statute, which generates a criminal record; and
WHEREAS, for violations specified in this Ordinance, law enforcement officers shall have the
discretion to charge alleged adult offenders under a County ordinance in lieu of charging those
offenders under similar provisions of state law; and
WHEREAS, because the Legislature has already established a mechanism for punishing
juvenile offenders in a manner different than adults, the Board expressly excludes juvenile
offenders from the class of offenders eligible to be charged under this ordinance; and
WHEREAS, the Board of County Commissioners finds that the public interest would be best
served by enacting an Ordinance that allows a court of competent jurisdiction to impose non-
Pagel of 4
Civil Marijuana Ordinance
criminal penalties for offenses such as possession of marijuana under five (5) grams and for
possession of drug paraphernalia associated with ingesting marijuana that would not create a
criminal record.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[Words added are shown with underlining Words deleted are shown with s tr-ike-
tlfeugh5]
SECTION 1. A new Section 17 -7 of the Monroe County Code, entitled "Personal Possession
of Marijuana" is created, which shall read as follows:
Sec. 17 -7. Personal Possession of Marijuana.
(a) Delinitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning
(1) Adult shall mean any person 18 years of age or older.
(2) Cannabis shall mean all parts of any plant of the genus Cannabis, whether
growing or not; the seeds thereof, the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds or resin. The term does not include
"low -THC cannabis," as defined_ in F.S. 381.986, if manufactured,
possessed, sold, purchased, delivered, distributed, or dispensed, in
conformance with F.S. 381.986.
(3) Marihuana shall have the same meaning as the term "cannabis ".
(4) Drug paraphernalia shall have the same meaning as that term has been
defined in & 893.145, Fla. Stat. In determining whether an obiect is drug
paraphernalia, a court or other authority or iury shall consider, in addition
to all other logically relevant factors, the factors identified in & 893.146,
Fla. Stat.
(b) Pi No adult shall possess:
(1) Cannabis (Marijuana) in an amount of five (5) grams or less, as set forth in
893.13(6)(b), Fla. Stat.; or
(2) Drug paraphernalia used in ingesting cannabis, as set forth in && 893.146
and 893.1470)(b), Fla. Stat.
(c) Enforcement and Remedies.
(1) The Monroe County Sheriff and deputies, any municipal police officer,
and any other law enforcement officer authorized to enforce County
ordinances shall have the authority to enforce the provisions of this section
by means of the issuance of a citation to the alleged violator.
(2) Appli_cabi_lity. A law_ enforcement officer may not charge a person in
violation of this prohibition if the officer also intends to charge the person
with violating a comparable state statute for the same event, as referenced
in Section 17-7(b)(1) and (2).
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Civil hianjuana ordinance
(3) The citation shall contain at least the following:
(a) The date and time of issuance;
(b) The name and address of the person to whom the citation
was issued;
(c) The date on which the infraction was occurred;
(d) The name and title of the law enforcement officer or code
enforcement officer;
(e) The_proce_dure for the person to follow in order to pay the
Penalty or to contest the citation;
(f) The applicable penalty if the person elects to contest the
citation,
(g) A conspicuous statement that-if the person fails to pay the
civil penalty within the time allowed, or fails to appear in
court to contest the citation, or fails to appear in court, as
required by the citation, the person shall be deemed to have
waived his right to contest the citation, and that, in such
case, judgment may be entered against the person for an
amount up to the maximum civil penalty of $500.00. In
addition, if a_person_ fails to pay the civil penalty, or fails to
appear in court to contest the citation, or fails to appear in
court _as_ required by the citation the court may issue an
order to show cause upon the request of the governing body
of the county. This order shall require such persons to
appear before the court to explain why action on the
citation has not been taken. If any person who is issued
such order fails to al2l2ear in res onse to the court's
directive, that person may be held in contempt of court.
(4) Any person who willfully refuses to sign and accept a citation shall be
guilty of a misdemeanor of the second degree, punishable as provided in
H 775.082 or 775.083, Fla. Stat.
(d) Penalty. Upon conviction, any person violating this section shall be punished as
provided by law.
(1) Notwithstanding any other provision of this section, a violation of Section
17- 7[b)_shall be punishable by a fine. The minimum penalty for „a violation
shall be a fine in the amount of at least $100.00 but not to exceed $500.00.
(2) Civil infraction. Violations of any provision of this section shall constitute
a civil infraction.
(3) Court cost, surcharges and other special chafes. Court costs, surcharges
and other special charges shall be added by the clerk of the circuit court in
the same manner and amounts as -provided for class 1 non - criminal
violations.
(4) Uncontested citation. If the party cited does not contest the citation the
p enalty given shall be $100.00 which shall be paid at the Clerk's office.
The Clerk is authorized to establish procedures for accepting payment by
mail for uncontested citations.
Page 3 of 4
C wd klarijuana Onhnancc
(e) Applicability. Juvenile offenders are not be eligible to be charmed under this
ordinance.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered as
needed to conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State, as provided in § 125.66(2), Fla. Stat.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of , 2016.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny L. Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
Attest: AMY HEAVILIN, Clerk
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Clerk Mayor/Chairperson
Page 4 of
Civil Man,uana Onlinance
L4WOE COUNTY ATTORNEY
AhPR 0 0 FOR
fOOMT j B. SHIWNWR, JR
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From:
Date:
Subject:
Ref:
Monroe County Sheriff's Office, Special Operations Unit (Narcotics)
July 12, 2016
Marijuana Monroe County Ordinance
Florida State Statue 893.13.6b (Marijuana Possession Less Than 20 Grams)
The Monroe County Sheriff's Office, divides Monroe County into 5 Patrol Districts, with a total
of 8 stations and substations within the county. Each station /substation is equipped with
numerous "Field Test Kits" for several different types of narcotics, including marijuana.
The "Field Test Kits" are utilized as a presumptive test to identify a substance as a particular
illegal substance. Also, located in each station /substation, are digital or triple -beam balance
scales which are used for the weighing of any found or seized narcotics. This allows all sworn
law enforcement officers within the county access to the necessary equipment and tools needed
to identify a substance as marijuana and to acquire an approximate weight.
The Special Operations Unit has found that people, who are found to illegally possess marijuana,
on average have a few Marijuana cigarettes or small clear plastic Ziploc bags containing
marijuana able to fit in a personal pocket, which typically weighs up to 5 grams. This obviously
does not mean that a person may or may not possess more or less than the average of 5 grams.
The Special Operations Unit, in their experience, finds that most people possessing the average
of 5 grams of marijuana possess it for their personal use and not for sale. However, it should also
be noted that a small amount of marijuana, such as 5 grams, could be packaged for sale.
Respectfully,
Detective Sergeant Juan LLera