Item P5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Jule 15. 2015
Department: Commissioner Neugent
Bulk ltem: Yes No Staff Contact: Terri Colonna 305-872-1678
AGENDA ITEM 'WORDING: Discussion and direction regarding the County adopting an ordinance
making possession of small amounts of marijuana a ON it infraction.
ITEM BACKGROUND: Miami -Dade County has adopted an ordinance giving lave enforcement
officers the option of charging those found in possession uf' small amounts of marijuana with a civil
infraction under the local ordinance instead of charging with a crime under state lay\. Such an
ordinance would have the benefit of allowing an officer the discretion to cite a qualifying offender with
a charge that does not require an arrest or result in a criminal record for a relatively minor offense.
This approach could help reduce the cost of operating the jail and other costs associated with operating
the criminal justice system.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: n/a
TOTAL COST:
COST TO COUNTY:
REVENUE PRODUCING: no
INDIRECT COST:
SOURCE OF FUNDS:
AMOUNT PER MONTH
APPROVED BY: County Atty ----
DOCUMENTATION: Included
DISPOSITION:
Revised 1'09
BUDGETED:
Year
OMB/Purchasing Risk Management
Not Required xx
AGENDA ITEM #
Ct)61W, S6(( �4e-141 0 A
Summation — :Miami -Dade County Uniform (Adult) Civil Citation II 3��- Y
1 . Civil citation
o Ay old alleged otfendcr being arrested and criminal record
o Police continue to exercise their discretion-, civil citation provides additional lav�-
enforcement option
o Does not lc«alize any of the cited offenses
c Does not de -criminalize anv of the cited offenses
o Offenses listed on original civil citation torm and the proposed additional offenses
disproportlonally adversely affect low-income, minority, and homeless
lndl,lduals
o In lien of a fine. individuals cited can do community service
o In licit of receiving a civil citation. a per'son can request arrest
o Marijuana possession citation does not impact drivers license, a conviction for
marijuana, ho,,vever. N,ill result in up to one year driver's liCenSe suspension
o Citation does not equal arrest: no negative: bearing on school admissions.
scholarships. military service, bonded jobs, etc.
o Citation offenses do not cover use of marijuana
2. Civil citations in lieu ofarrests is not a new concept
c 2001-2002: juvenile citations pilot prograrn was implemented in Miami -Dade
[:aunty with Director ofthe Miami-Dacic County Juvenile Services Department
WAnsle, Walters (and is now used state«%lde); sponsored then by Florida State
Rcpresentallve Sall, I legman
2010: adult civil citation offenses for g non-violent misdemeanor offenses:
sponsored by Commissioner Sally Ile,man
o 2015: proposal of additional adult civil citations for 7 non-violent misdemeanors
offenses
3. Data collection
o Data available on bath A -form arrests and existing citations (to included future
offenses as well. as well as Department of -Corrections booking and incarceration
e Citation form already has space for gender. race, date of -birth. and other
dernouraphics ircmo%al of name and address to be done for public records
requests)
4. Cast savings
o Saves tens of thousands of people from being arrested and having arrest records
o Saves all Miami -Dade Criminal Justice S,stern stakeholders tens of millions of
dollars, plus resources and manpower
"ALL Criminal ,lustice Stakeholders have been part ofthe drafting process for the 2015
additional Civil Citation lci-,islation throu�0h the Dade -Miami Criminal Justice Council and
public Satet. Coordinating Council b, working together with Commissioner l leyman.
4DA_ti1I-DADE COUNTY UNIFORM CIVIL VIOLATION NOTICE
G141834
2010 Civil Citation (Adult)
non-violent misdemeanor offenses
Case Number: PD
Officer -Last, First Name
Badge#
➢ist
Violator a , , First Name [face - Sex - 1)013 Records [ I QRU
A dress, Street,
iry, tate Zi
Height 'ei t
Ha r
j D er's License #
1
_TTOTICE SUNMONS YOU TO ANSWER THE COMPLAINT THAT AT
(Time) _AM i PM ON (Date) 20
AT (Location)
YOU COMIkETTED A MIAMT-DADE COUNTY CODE VIOLATION TO WIT:
[ ] 7-3 Swimming or fishing from road bndges ($25 FINE)
[ ] SA-72 Conducting business without local business tax receipt ($I00 FINE) i
[ ] 8A-2?6(b) Failure to display commercial vehicle markings ($200 FINE)
1
[ ] 21-28 Producing loud or excessive noise (5100 FINF)
[ ] 21-31.2{1)(1) Consumption of alcohol/open container near store ($100 FINE)
[ ] 21-31-2(b)(2) Possession of alcohol in open container near store ($100 FLNE)
[ ] 21-31.4 Aggressive or obstructive panhandling ($100 FIN`E.)
[ ] 26-1 Park violation (specifically) ($I00 FrN`E)
[ ] Other
ADDITIONAL DETAILS OR COMMENTS: ,-
I
I
YOU SHALL,
1) PAY" THE CIVIL PENALTY OF $ PLUS .A III SURCHARGE
(PURSUANT TO COUNTY ORDINANCE 99-55) TOTALING $ BEFORE
30 CALENDAR DAYS* AND IF CHARGED WITH SA-276(0) OR SA-172, PROVIDE
PROOF OF CORRECTION ON OR BEFORE 30 CALENDAR DAYS*; OR
2) YOL: N1AY REQUEST AN ADmT,,iSTATiVE HEAR -LNG BEFORE A HEARING
OFFICER TO APPEAL THIS VIOLATION NOTICE ON OR BEFORE 20 CALENDAR
DAYS'; OR
3) REGISTER IN THE MIAMI-DA➢E COUNTY DIVERSION PROGRAM`*
*(SEE ADDITIONAL LVSTRUCTIONS ON REVERSE SIDE OF TMS NOTICE)
FAILLT,E TO PAY THE CI-VIL PENALTY AND CORRECT THE VIOLATION OR
FILE A REQUEST FOR AN A➢MINISTRATiVE IiE.ARING BY THE DATES
INDICATED SHALL CONSTITUTE A WAIVER OF YOUR RIGHT TO A HEARING
AND SUCH WAIVER SHALL CONSTITUTE AN ADMISSION OF THE VIOLATION. I
EACH DAY OF CONTINZTED VIOLATION AFTER THE TihII~ PERIOD FOR
CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBTECT TO 1i
ADDITIONAL PENALTY IN THE SAME AMOUNT WITHOUT TIM NEED FOR it
ISSUANCE OF AN ADDITIONAL CNII VIOLATION NOTICE. p
SERVICE OF NOTICE —PERSONAL I ACKNOWLEDGE RECEIPT OF TILLS CIVIL
VIOLATION NOTICE. I ALSO UNDERSTAND THAT ACCEPTANCE AND
SIGNING OF THIS VIOLATION NOTICE IS NOT AN A )MISSION OF GUILT -
VIOLATOR'S SIGNATURE:
OFFICER'S SIGNATURE: I
CLERK'S OFFICE
(32.01 02440C) (Right Tbumb Pn t) {
MVMORANDUM
TO: Honorable Chairman Jean Monestirne
and Members, Bo,zd of County Commissioners
FRO -NI: R. A. Cuevas, Jr.
County Attomoy
DATE:
DISC
Agenda Item No. 1G1
June 10, 2015
SUBJECT: Ordinance related to civil
penalties for certain
misdeme,-mor violations;
amending. sections 21-81,
SCC-5.1 and SCC-10 of the
Code; providing for civil
penalties for the commission
of certain nusderneanors
'The accompanying ordinance was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Sally A. Heyman.
R. A. Cues s, Jr.
County Attorney
RAC/cp
MEMORA-ND"i
(Revised) -
TO: Honorable Chaiiinan. Jean IvlonceAime
and \L,Ieni.bers, Boai-d of County Corrurruissio-exs
Coi:r.t., Attorney
Please note any items checked.
DATE: April 21, 2015
SUBJECT: Ager- 'a item
"3-DaY Rule"' for committees applicable if raised
Y U weeks required bet-ween first reading and public hearing
V 4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Ordinance creating a nefv board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2i3's
315's , unaiimnui ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplatcd) required
4
Approved _ 'favor Agenda Item No.
VPto 4-21-15
Override
ORDINANCE NO.
ORDNANCE RELATED TO CI7vIL PENALTIES FOR
CERTAIN �IISDE-% EANOR VIOLATIONS; A'vEE\DNG
SECTIONS 21-S1, SCC-5.1 AND SCC-10 OF THE CODE OF
NILAMI-DADS COUNTY, FLORIDA; PROVfDNG FOR CIVIL
PENALTIES FOR THE CONLMISSION OF CERTAIN
MISDEN EANORS; PROVIDING SEVERARFLITY,
INCLUSIONN IN TEE CODE, AND AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of Miami -Dade County (the "Board'''
s given broad authority to enact ordinances under- -Miami-Dade County's home rile pourers =d
prescribe uenakies for violation of such ordinances; and
WHEREAS, section 21-81 of the Code of Miami -Dade County, Florida, (the "Cede") is
applicable in all the Luaincorporated and incorporated areas of Mlarni-Dade County; and
WHEREAS, section 21-81 of the Code proilil;ils the commission of all acts defined as
misdemeanors Ender Florida Statutes and declares commission of such acts to also 6e Code
violatioi-s; and
W-HEREAS, upon conviction in court of a Code violation for commission of an act
defined as a misdemeanor, inisdemeammts seal be punished by a fine o: imprisonment in
County j i'_ or bo 1-,, but in no case shall the f-ne ari&cr or in-prisontnent imposed be greaser than
tLe maximurn i_nc or penalty for the same offense =der the I'lorida Statutes; and
WHEREAS, currently, a law enforcement officer only has discretion to arrest or no`.
arrest a ncrson for commission of a misdemcanar and/or Code violation; and
WHEREAS, this Ord zlarc provides an additional means tracer Chapter SCC of the
Code to enforce %iolatiens of the Code bored on :Ise co='ssion of certain njisdemeanors; aa"'
I
Agenda Item No, 4(n)
Page 2
WEF,REAS, the Board has an interest in enacting monetary civil penalties for certain
violations of section 21-81, as such civil penalties will act as an additional deterrent to s-�:ch
violations and would provide law- enfmr crn.ent with additional options whera et7.countcring a
misderncanant who has comn-itted ail enumerated ofl-ense; and
`YHERI✓AS, for the specific statutes c aumcratcd in this ordinance a law en,orccmert
officer win'. i,ave the discretion to issue a civil citation and/or arrest or trot arrest a person for
corrr:nission of arnijdemeanor arad, or Code violation; and
WHEREAS, this ordl-aauace',will also allow a violator who has been served with a civil
violation notice imposing a moretary penalty for commission cf an enumerated misdemeanor to
ewer the Niiarni-Dade Ca -nty Diversion Probrl�a.�n, pursuant to Miami-Dad.e Cour_ty
hnplcm�ntirag Order 2-12 which would allow violators without econmvic mcxjs to satisfy a civil
penalty to satisfy° the penalty by non -monetary means,
NO`V, THEREFORE, BE IT ORDAINED BY THE BOARD OF COITN'TY
CONVIVII,SSIONERS OF NI1AMI-DADS COUNI`Y, FLORIDA:
Sectiou 1. Section 21-g1 or the Cote of Miau- -Dade Counry, lil.onda, is hereby
amended to read as follows: I
Sec. 21.-81. Misdemeanor; adoption of State law; penalties,
(C) All acts defined as inisdemear:ors in said State statutes are
hereby i olubifed and declared to be violations of this
article and, any person or corporation shall, upon co viction
in the court of apl�ropriatejtsisdiction far violation thereof,
be punished L,y a fine not exceeding five tiu::dred dollar's
Words stricken througl. amdior [[double bracketed]] shall be deleted. Words underscored
quad/or >> double nrrowed<< constitute th.c aniendmcm proposed. Remaining provisions arc now
in c#f'cct and remEun unchanged.
4
Agenda Item No. 4(D)
Page 3
($500.00) or by imprisonment in the County .fail for not
more than sixty (60) days, or by both such fine and
imprisonment, but in no case shall the fine or imprisonment
imposed under this article be greater than the maximum.
fine or penalty for the sanre oZense under the State statute,
»td� The following rmisdemeanor yiolations as such ma be
amended from time are eligible to receive a civil violation
notice pursuant to chapter 8CC of the Code of Miami -Dade
Coup Florida, at the discretian of a law enforcement
officer, provided that such violations are not caar ed in
conjunction with any charge that is a felon driv n tinder
the ii>fluence Ul incident i ivolving domestic violence
or violent crime as those terms are defined under State
law:
Florida Litter Law, as set forth in Fla. Stat. section
403 413(6)(b) as such may amended from time
to time.
Ele al Use of Dairy Cases FZL Baskets, Poultry
Boxes, or _Bakery Containers as set forth in Fla.
Stat. section 506.509, as such may be amended
from time to time;
Trespass on Property Ofher Than Structure or
Conveyance, as set forth in Fla. Stat. section
810.09 as such may be amended from time to time
.(4� Retail Theft by Removal of_a_Shoppina Cart, as
defined in Fla. Stat. section 812.01.5 1 dl as such
rr_a be amended from time to time;
Loiterin oz Prowling, as set forth in FIa. Slat.
section 85b 021, as such may be -amended from_time
to time
Possession of Cannabis in an amount of 20 grams ar
less, as set forth in Fla. Stat. section 893.13LQ, as
such mV be amended from time to time; and
Possession of I)n!g Paraphernalia, as set forth in
Fla. Stat. sections 893.146 and 893.147 1 as
such may be amended from timg to time.
5
Agenda Item No, 4'(D )
Page 4
An individual issucd a civil violation notice for any of the
violations listed in this subsection shall be suh'ect to fine in
accordance with chapter 8CC-" of the Code of Miarrri-Dade
County. Florida, and shall be eLirible for the Miami -Dade
County Diversion Pra ram. pursuant to section 8CC-5-1 of
the Code of Miami -Davie Cojqnq, Florida,and
Implementing Qrder 2-
Order o C the Board of County Commissioners,«
Section 2. Secticin 8CC-5.1 of the Code of Miami -Dade County, Florida, is hereby
aniended to read as follows:
See. 8CC-5.1, Miami --Dade County Diversion Program.
Notwithstanding the provisions of »section<< 8CC-5, a
vic_ater who has been served with a civil violation notice may
cater the Mirimi-Dade County Diversion Progr un, pausuant to
Implementing Order of the Board of Cot.tnty Commissioners,
provided the civil violation notice is issued for the violation of an
ordinance listed in the table. below, which may be amended from
time tc time.
The "descriptions of violations" below are for
informational purposes only aad are not mearl to limit or define
the nature of the violations or ttze subiect matter of the listed Code
sections, except to the extent that different types of violations of
the same Codi: section may cant' different civil penalties. To
determine the exact nature of any activity proscribed or required by
this Code, the 1:elovant Code section mus: be exan: fined.
Code Section. Description of Violation
7-3 Swiruning or fishing from prohibited road
!, bridges_
8A-172 ---
_
Conductina business without a locai
business tax receipt
SA-2%6(b)
Failure to display commercial vehicle
markings
2 1-28
PT-oducmg loud oC exeesSIVe noise
2t-31.2(b}(1}, (2),
Alcohol possession, or consumption near a
store
21-31.4(B )
Obstructing t affdu or aggressively begging
»21-81 d «
>=Any ore of tl]� specific misdeiucanors
lI/
Page s
entuneratcd in section 21 81(d)«
26-1 PaXks violations
Section 3. Section 8CC-it) of the Code of Miami -Dade Cclan .y, Fiorida, is 1='--T
amended to _ead as iollo"us:
See. 3CC-10. Schedule of civil penalties.
The Following table shov;s the s actions of this Code, as
they may be mnt snde� from turn to tii e, wtrich may be tnlorced
puT.sttant to the prcriisioas oi'this chapter; and the dollar amount of
ciV:l penalty fo. the vEllation of these seetians as they may be
an;cndcci.
The "descriptions o1 vioIatio -;s" below are for
Idle_':--ationaI inn-7oses only anCl are noL meant to I:m, it or define
ii_' r.ature of tlic Violations or the sublect ma?ter of the fisted Code
Sections, except to the extent that different types of violations of
the same Code section may carry different civil penalties For each.
Code section listed in the schedule of civil penalties, the entirety of
that section may be enforced by the mechanism provided in this
Chapter 8CC, rega.dless of w:1.1dier all activities proscribed or
req.J e-d within drat particulalr section are- described irr the
"I)cscription of Violation" c;olunua. To deicm-Linc the exact nature
of anti' activity' rr.,scribed or rel;?i~red h,� this Code; the relevant
Code section nllisl C -'xamincd.
Code Section I Description of Violation � Civil Penalty
21 -S Sale and installation o's�itellite
dish antem-las to residential
Customers
>%21-81(d"<< >>Am' one of th- -specific %>I'Z-J.CC <<
inisdemeanors cnum.erated in
scctson 21-81 d)<<
] - t 12 lyailurc to properly fill an 100.00
� abandon well
r '
Agyt rl a luzm x 10, 4'.Di
Page r)
SeWwa K If any section, sut section, sentc:ncc, clause or provi,�ion of this crd.nazce
A held LiW2K± Cie Itm index of Shal-, .'.i:"L 21.Iiected by
Sectii►n 5. It is the i:,:Caden of the Hoard of County Cor-- 'ssioners. and it is hereby
ordained that `hc provisions of ti,Js ordin�uice, iDdAng my smise.t proviAn, shall become anti
be made a part of the Code of ` haud-Dade County, l,lorida. The sections of this ordinance may
be rent mLc:ed or relettered to accomplish slick, inteMon, and the word "ordinance" may ^c
changed to ''section," ''uncle," 01, t)tller appropriittc wc,]-J.
Section G. ThiS shall 'hecome cf=cctive ten d�,ys after the Iat: cf
cni Ltm. :t t.T. css . etocd by ths Mayer, and if '. eta. -, s:iall becorre el'_ec*.1vc or_ly 'Tcl n c r
override by this Board.
PASSED AND rA.DOPTID
Approvcd 'by County Attorney as
to form and legal srr-Riciency:
Prepared by:
Christopher A. Angell
Prime Sponsor: Coo rnissioner Sally A. Heyrnar,
Estimate of Annual Savings after Adult Civil Citation II Expansion
Component
Jail costs
Average month
Monthly bookings for civil citation crimes (800-1000)
Year
Estimated annual savings
Actual Calculation
lConservative Estimate
$156 per person per day
$150 per person per day
30 days per month
30 days per month
1000 persons per month
1800 persons per month
12 months per year
$56 million
Annual savings would total in the tens of millions of dollars.
12 months per year
$43.2 million
SIX MONTHS PERIOD -Adult Civil Citations II Offenses
November 2014-Aprii 2015: 24,187 PEOPLE BOOKED
November 2014-April 2015: 1,952 PEOPLE IN-CUSTOY
1670 cases of CANNABIS/POSH/0-20 Booked
• 72% between 18 and 30
• 54% between 18 and 25
• ONLY 2 cases In- Custody
1178 cases for TRES PROP/AFTER WARN Booked
• 49% are Black
• ONLY 3 cases In -Custody
3 cases for LITTERING Booked
• NO cases Sn-Custody
10 cases for DAIRY CASE/UNLAW USE Booked
• NO cases In -Custody
22 cases for SHOPPING CART/POSH Booked
• NO cases In -Custody
227 cases for LOITERING OR PROWL Booked
• 48% are Black
• 88% are between 18 and 30
• NO cases In -Custody
207 cases for DRUG PARAPHERNA/POSH Booked
• 46% are Black
• NO cases In -Custody
MDCR Countywide Bookings - April 2015
Charge Code Count
Illegal Use of Dairy Cases, Egg Baskets, Poultry Boxes, or Bakery Containers DAIRY CASE/UNLAW USE 1
Trespass on Property other than Structure or Conveyance TRES PROP/AFTER WARN 216
Retail Theft by Removal of a Shopping Cart SHOPPING CART/POSN 1
PETIT THEFT 183
PETIT THEFT 1D 47
Loitering or Prowling LOITERING OR PROWL 42
Possession of Cannabis (less than 20 grams) CANNABIS/POSH/0-20 290
Misdemeanor Possession of Cannabis MARIJUANA/POSSESSION 1
Possession of Drug Paraphernalia DRUG PARAPHERNA/POSH 37
Florida Litter Law (misdemeanor) FLORIDA LITTER LAW 1
Total Arrests (for crimes covered by Civil Citation Ordinance) 819
Cannabis Charge Code Count
Misdemeanor Possession of Cannabis (Ail) CANNABIS/POSN/0-20 291
Misdemeanor Possession of Cannabis (Black males) CANNABIS/POSN/0-20 126
Felony Possession of Cannabis (Alf) CANNABIS/POSN/20+ 17
Felony Possession of Cannabis (Black males) CANNABIS/POSN/20+ 5
Total Arrests (for cannabis possession) 308
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IN MY OPINION
Fabiola
Santiago
fsa�`�ao�
Miamirerald�om
Marijuana
proposal a
good start
he conversation about
the decriminalization
Of small-time'marijuana
possession is evolving in
South Florida, and here's hop-
ing that it becomes more root-
ed in reality, and most impor-
tantly, more non -partisan.
The medical profession has
alreadychimed into the dis-
cussion, endorsing the use of
medical marijuana to assuage
the pain of certain conditions
and the side effects of treat-
ments. I know a young man in
Miami with cancer who had
medical marijuana prescribed
to help with the nausea caused
by chemotherapy and it was j
no more of a big deal than
using pain_ `medication for an I
injury. "It made such a big
differ"ence:fo the quality of his
days;' his caretaker' fold me.'
"Nothing"else we tried before
worked td stop the vomiting
and the naiisea." '
Science and law enforce=
meat have always been good
partners; and so, it's welcome
news to Team that the criminal
justice leadership in Miami -
Dade, too, has taken a deeper
look at know people caught in
possession of misdemeanor
amounts of rriarijuana should f
be treated —''and is endorsing
_a more sensible approach. j
4BIOLA SANTIAGO
to curb- pot possesszon:.aIrr•ests
Instead of an arrest -and a
criminal. charge for possession
of less khan 20 grams of mari-
juana that mark a life forever, a
$100 civil fine could be levied
by police as an option, under a
proposal sponsored by Miami -
Dade Commissioner Sally
Heyman to be discussed
Wednesday by a County Com-
mission committee. The Mia-
mi Beach City Commission is
also considering making the
same change.
Marijuana possession is the
No. i reason "people who are
poor, unlucky or disenfran-
chised" are imprisoned in
Miami -Dade at a cost of $156 a
day, clogging and taxing a
criminal system that needs to
focus resources on people
who pose public safety and
flight risks, Heyman told me
Friday,
"At the end of the day, even
if a marijuana possession
arrest gets dismissed, they still
have a criminal record and an
arrest that would hurt them
get into college, the military,
or get a job," perpetuating the
cycle of poverty, Heyman said.
"The basic inquiry is not 'have
you been convicted?' but'have
you been arrested?'"
The civil fine option allows
police flexibility to give peo-
ple "second chances," a strate-
gy that has proved successful
in the past with juvenile first -
offenders and with other ml-
nor offenses for adults such as
swimming or fishing off a
• TURN TO SANTIAGO, 2B <
proposal
,ANTIAGO, FROM 15
idge, panhandling, or
inking from an open
,ntainer near a store,
eymari said.
My only. concern: That
,-ute people will get a fine,
tt people of color win sti;
a good starf `
be arrested.-
ping cart theft, but it's the "
proposal didn't come out of .
arrested and how long they
Heyman says she trusts
marijuana inclusion that's:- •
a desire to legalize marijua-
stay in jail for lack of bond..
law enforcement to fairly
exercise options and that.
attracting attention.
i. While. she would've been
na, but from hard-nosed .,
.research about what makes
money:..:
Whatever the approach,
sensitivity training has
grateful to.be able to lessen _
sense from a.community
let's bring less politics and
come a long'way: , . ' r
her mother's suffering with. ,'and
criminal -justice per-
more common sense to the,
Her proposal also calls
the use of medical marijua-r:
spective. The savings:
marijuana issue; These .
for the civil penalty option
na during her, struggle with
$45,000 a day if you consid-
local proposals are a good
for petty crimes like shop-
cancer, Heymoi said, this
er the number of people
start'
MIAM1-DADE COUNTY
Pot smokers may get fine in
lle'd- of . arrest- wilder, proposal-
t A 'pian before Miami -Dade
than 20 grams of marijuana, about two -
commissioners would give
thirds of an ounce. That's about how
officers the option of issuing a
much would fit in a sandwich bag'— or
civil citation for possession of 20
enough to produce about three dozen
grams or less of marijuana.
joints -- and the amount that deter-
mines a misdemeanor.
BY DOUGLAS HANKS
Misdemeanor marijuana possession
d'.anKsLMiamiHera'Edcn n
currently carries a possible maximum
Possessing misdemeanor amounts of
one-year jail'sentence. Officers current -
marijuana in Miami -Dade County could
ly have the option not to arrest someone
bring a $100 fine instead of a criminal
for minor -marijuana possession; but the
charge under a new proposal backed by
misdemeanor charge would still bring a
police brass_-;
requirement to appear m criminal court.
County Commissioner Sally Heyman
With a civil violation, the case wouldn't -
is sponsoring the plan, part of a larger
enter the criminal system.
cha �e to how the -county classifies of
"It allows us to give someone a break,"
fences that_ tend to ensnare low-income.
Heyman said. "It doesn't destroy some -
residents, like theft of shopping carts
body's lifebecause they smoked a joint at a
and loitering.
concert; or had a pipe in then pocket." -
Ifadoptedby the commission and not
Officers in Miami -Dade would have
,toed by' Mayor Carlos Cimenez, the
the option to issue a citation or proceed'
w ordinance would let officers issue a
it citation to someone carrying less
• TURN TO MARIJUANA, 2B
%MI -DADS COUNTY
'tan would curb pot
,RIJUANA, FROM 1B
a an actual arrest under
existing misdemeanor
It's part of a national
.rt to free -up police re-
rces by moving minor
-ijuana arrests out of
criminal system.
We helped draft and
port this effort as a dis-
ionary option for mis-
ieanor marijuana," said
Juan Perez, deputy direc-
tor of the Miami -Dade Po-
lice Department: "This
gives the option to go with
a citation for those individ-
uals that may have'no re-
cord, or only a minor crim-
inal history, [and] stay out
of the criminal justice sys-
tem."
Heyman's proposal goes
before the commission's
Metropolitan Services
arrests
Committee Wednesday -
afternoon
If it passes, the full
13-member commission
would take it up later in the
summer.
State law allow-5 local ju-
risdictions to treat some
misdemeanors'as civil of-
fenses, and Miami -Dade
would add misdemeanor
marijuana possession to
that list, Perez said.
GLEN STUBBE/AP
POT PROPOSAL: A proposed change in Miami -Dade law
would give officers the option of issuing civil
citations for possessing 20 grams or less of pot; .
Plan to fine for pot offense
advances in Miami -Dade
® Police would still have the
option to arrest for
misdemeanor pot possession
under a proposal that won
preliminary approval in
Miami -Dade.
BY DOUGI.AS HANKS
J - C - H U;,:r. sera ci.c;;m
A proposal to issue $100 cita-
tions for marijuana possession in
:Miami -Dade cleared a legislative
committee on Wednesday, mov-
ing Florida's largest county closer
to taking pot offenses out of the
criminai system.
The legislation -- which was
approved 51 by the County Com-
mission's Metropolitan Services
panel — would still allow police
throughout Miami -Dade to arrest
someone with 20 grams or less of
pot on a misdemeanor charge. But
the proposal would rewrite coun-
ty law to give officers the option of
issuing a civil citation instead, an
action that would let the offender
MIAMI-DADE COUNTY
SPONSOR: Dade Commissioner
Sally Heyman speaks during a
committee hearing cn her
proposal for ne;v _les that
,,would dive oftice th,e option,
to fine pot smo�ers.
pay a $100 fine or work off the pen-
alty with two days of community
service.
Officers currently have the
choice of simply not arresting
people caught with a misdemean-
or amount of pot, or issuing crimi-
nal charges that can result in as
much as one year in jail. "Right
now, it's let go completely or ar-
rest," said Commissioner Sally
Heyman, the sponsor of the legis-
lation. "'Phis will give a middle
alternative.`'
Only one commissioner, Javier
Souto, voted against the proposal,
with Jose "Pepe" Diaz, Audrey Ed-
monson, Barbara Jordan, and Juan
C. Zapata joining Heyman on the
Yes side. A final vote by the full
13-member commission is sched-
uled for June 30, and then it would
go to Mayor Carlos Gimenez for a
possible veto.-..
Heyman's plan follows a nation-
al trend toward decriminalizing
marijuana, with 15 states treating
marijuana possession as a civil of-
fense akin to littering and loiter-
ing. Miami Beach commissioners
gave preliminary approval to simi-
lar rules on Wednesday, which
would leave the city with looser
• TURN TO MARIJUANA, ZB
PHOTOS Er PETER AHOR E-W RCSCHlMiAMi HERALD STAFF
POLICE BACKIdGt .i.Li n-zttt•sor., '^�iimrDade's ;.c�,�i:;e a�ec[or, supports a preposai to let county
:1 E rs i5>ur- Q" on for mild >meancr :x•t p session dur-r.g t,Vecnesday's meeting.
• M.ARIJUANA, FROM 18
marijuana penalties if the
county ordinance should
fail.
"I believe this is an etfort
from our pragmatic progres-
sive city to move forward
with allowing our police
force to focus more on areas
that we know are of greater
need to public safety:" said
Miami Beach Mayor Philip
Levine.
if the county rules pass,
Miami Beach could collect
the fines generated by pot
citations issued by its offi-
cers rather than the money
going to Miami -Dade, ac-
cording to a county lawyer.
Miami Beach Police Chief
Dan Oates told city commis-
sioners that he expects to is-
sue 400 civil citations a year
for marijuana possession.
But people openly smoking
marijuana in public would
still face arrest on the misde-
meanor charge, he said.
The decriminalization is-
sue is a sensitive one. Gime-
nez has not made a decision
on the proposal, according
to a spokesman, though the
police director who ulti-
mately reports to the mayor,
J.D. Patterson, supported it
during Wednesday's meet-
ing.
Committee Chairwoman
Barbara Jordan started the
proceedings by showing the
audience all three parts of a
CBS4 investigation called
"Race Matters" by reporter
Jim DeFede that showed a
county police squad target-
ing the largely black area of
Goulds with dozens of mari-
juana arrests but almost no
convictions.
Commissioners cited the
series throughout the dis-
cussion, saying it captured
the uneven way police
throughout the United
_ States tend to prosecute
1 drug offenses.
An American Civil Liber-
ties Union report cited by
DeFede found that a black
person in Miami -Dade was
six times more likely than a
white person to be arrested
for mari}uana possession.
Carlos Martinez, the coun-
ty's public defender, noted
that county prosecutors had
authorized the University of
Miami's police force to offer
its students the equivalent
of civil fines and community
service when caught with
pot — an option offered lo-
cal colleges but not available
to young adults elsewhere
in Miami -Dade.
J_L. Demps Jr., president of
the Greater Goulds Opti-
mist Club, told commission-
ers that even a misdemean-
or arrest for marijuana can
condemn young black men
to uphill climbs when it
comes to finding employ-
ment or housing assistance.
"I've seen many adults
trying to get housing in Mia-
mi projects," he said. "An ar-
rest makes a big difference
in terms of what they can
do."
The marijuana rules are
part of a larger proposal to
rewrite Miami-Dade's crim-
inal codes and create the op-
tion of civil fines for six oth-
er minor offenses, including
loitering, shopping -cart
theft, littering and posses-
sion of drug paraphernalia.
Heyman cited figures
showing that about 24,000
people a year are booked on
those charges in Miami -
Dade, about 65 per day.
Patterson did not lay out
PETER ANDREW 905CH/MIAMIHERA0 STAFF
RACE CONCERNS: Commissioner Barbara Jordan
discusses a CBS4 report showing county police
targeting residents in the largely black area of
Goulds with pot arrests.
how Miami-Dade.'s
4,000-person police depart-
ment would sift through
which offenders deserved
civil citations for pot and
which should be arrested.
"I truly believe Miami -
Dade County has the finest;"
said Commissioner Audrey
Fclmonson- "But when you
start talking about officers
having 'discretion,' it ap-
pears to me that that discre-
tion is arresting how many
blacks more so than any-
body else? That's an officer's
discretion."
Patterson said arrests
would be focused on people
caught multiple times
smoking pot in public, when
someone is clearly a pot
dealer, or if marijuana seems
to be part of a larger inci-
dent, like a car accident.
"Discretion is still very,
very important to the offi-
cer," Patterson said. As an
c-,ampie, he said someone
with a pocketful of joints
might be holding less than
20 grams but still look ready
to sell the marijuana to
someone. "I want to believe
an officer will make an ar-
rest in that case"
Miami Herald staff writer
Joey Flechas contributed to
this report.
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