Broward County Commission Regular Meeting


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AI-26060 40.       
Meeting Date: 01/23/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action

MOTION TO ADOPT Resolution No. 2018-035 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 6, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING SECTION 21-6 AND SECTION 8½-16 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO CREATE A BROWARD COUNTY ADULT CIVIL CITATION PROGRAM; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT, ELIGIBILITY, AND ACCOUNTABILITY; ADDRESSING SEIZURE OF EVIDENCE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by Commissioner Dale V.C. Holness)
 

ACTION:  (T-11:33 AM)  Approved.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, January 23, 2018, submitted at the request of Commissioner Holness.) 
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of November 14, 2017.
What Action Accomplishes
Amends the Code to create the Broward County Adult Civil Citation Program.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
Pursuant to the amended and expanded code provisions addressed in this Ordinance, and with some stated exceptions, law enforcement officers would have the discretion to issue a civil citation instead of filing a state misdemeanor criminal charge against a person who commits a broader range of nonviolent misdemeanor offenses under Florida law. Law enforcement officers may issue a civil citation for eligible offenses including, but not limited to, possession of drug paraphernalia, misdemeanor assault, misdemeanor battery (if the law enforcement officer determines the encounter resulted in no or minor injuries and, if it is determined that there is a minor injury, the victim consents to the issuance of the citation), retail theft of a shopping cart, trespass on property other than a structure or conveyance, petit theft, criminal mischief, disorderly conduct, littering, loitering, and possession of alcoholic beverages by persons under age 21. Law enforcement officers may not issue citations for ineligible offenses including, but not limited to, a felony, a misdemeanor offense charged in connection with any charge that is a felony, an incident involving domestic violence or a violent crime, driving under the influence (DUI) and other felony traffic-related offenses, or misdemeanor battery that either results in more than a minor injury or where, if it results in a minor injury, the victim does not consent to issuance of a citation. Additionally, issuance of a citation would be prohibited where the person has failed to comply with terms associated with a previously issued citation, has a misdemeanor conviction within the previous 12 months, or has a felony conviction within the previous 36 months.

The Ordinance provides for mandatory community service hours and payment of a program fee that may be set on a sliding scale. All participants would be screened by Human Services Department staff to assess whether additional intervention services such as behavioral health, educational programs, or restorative justice meetings are warranted. A participant may state which additional service(s) he or she desires; however, Human Services Department staff will make the final determination of appropriate services based on the results of the screening.

Participants who fail to complete the civil citation program will have their citations sent back to the issuing law enforcement agency for possible criminal prosecution. Participants who successfully complete the program will have their cases closed and cleared by the issuing law enforcement agency.
Source of Additional Information
Karen S. Gordon, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget will be provided at the time of the public hearing.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Ordinance
Additional Material - Information


    

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