Item O23
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: O.2
Agenda Item Summary #2422
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
3:00 P.M. Public Hearing
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance that would
make it a civil infraction to possess five grams or less of marijuana and related drug paraphernalia.
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).
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
, possession of five grams or less of cannabis is usually associated with personal
consumption.
4EGOIX4K
3
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.
11/22/2016 (T-2) BOCC scheduled, and approved advertising, a public hearing on December 14,
2016 at 3:00 P.M. in Key Largo, Florida to consider adoption of this ordinance
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Marijuana County Ordinance Civil Infraction Payable stamped for legal sufficiency
MCSO memo re 5 grams
Published Notice of Intention to Consider Adoption of County Ordinance re civil infraction less than
5 grams marijuana/drug paraphernalia
FINANCIAL IMPACT:
Effective Date:
N/A
Expiration Date:
Total Dollar Value of Contract:
N/A
Total Cost to County:
$200 ESTIMATEDADVERTISING COSTS
Current Year Portion:
Budgeted:
Yes
Source of Funds:
#001-00101 BOCC ADMINISTRATIVE FUND
CPI:
N/A
Indirect Costs:
TBD
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
YesTBD
Grant:
No.
County Match
: N/A
Insurance Required:
N/A
Additional Details:
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 $200.00
Estimated Advertising Costs
4EGOIX4K
3
REVIEWED BY:
Bob Shillinger Completed 11/23/2016 12:54 PM
Kathy Peters Completed 11/28/2016 11:54 AM
Board of County Commissioners Pending 12/14/2016 9:00 AM
4EGOIX4K
%XXEGLQIRX 1EVMNYERE'SYRX]3VHMRERGI'MZMP-RJVEGXMSR4E]EFPIWXEQTIHJSVPIKEPWYJJMGMIRG]
%XXEGLQIRX 1EVMNYERE'SYRX]3VHMRERGI'MZMP-RJVEGXMSR4E]EFPIWXEQTIHJSVPIKEPWYJJMGMIRG]
%XXEGLQIRX 1EVMNYERE'SYRX]3VHMRERGI'MZMP-RJVEGXMSR4E]EFPIWXEQTIHJSVPIKEPWYJJMGMIRG]
%XXEGLQIRX 1EVMNYERE'SYRX]3VHMRERGI'MZMP-RJVEGXMSR4E]EFPIWXEQTIHJSVPIKEPWYJJMGMIRG]
3F
:
From
Date: July 12, 2016
Subject: Marijuana Monroe County Ordinance
Ref: Florida State Statue 893.13.6b (Marijuana Possession Less Than 20 Grams)
of 8 stations and substations within the county. Each station/substation is equipped with
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
4EGOIX4K
3G
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNDecember 14, 2016at
that on
3:00 P.M., or as soon thereafter as may be heard, in the Murray E. Nelson Government Center,
102050 Overseas Highway, Key Largo, Monroe County, Florida
, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERSCREATING 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled
rd
Dated at Key West, Florida, this 23 day of November, 2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 11/30/16
Keynoter (Sa) 12/3/16
Reporter (Fr) 12/2/16
4EGOIX4K