Legislative Matter

Miami-Dade Legislative Item
File Number: 070638

Printable PDF Format

Clerk's Official Copy

File Number: 070638

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 07-02

Control:

File Name: REMEDY FOR VIOLATION OF JUVENILE CURFEW ORDINANCE

Introduced: 2/28/2007

Requester: NONE

Cost:

Final Action: 1/25/2007

Agenda Date: 1/25/2007

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. (also see 062055)

Title:

ORDINANCE AMENDING SECTION 21-210(B) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, WHICH PROVIDES REMEDY FOR VIOLATION OF THE JUVENILE CURFEW ORDINANCE TO PROVIDE FOR ISSUANCE OF A JUVENILE CIVIL CITATION, RATHER THAN A PETITION FOR DEPENDENCY, COMMENCING WITH THE THIRD AND ANY SUBSEQUENT VIOLATION OF THE JUVENILE CURFEW ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 062055]

Indexes:	JUVENILE CURFEW
	VIOLATIONS

Sponsors:

Sen. Javier D. Souto, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	2/28/2007		Assigned	Roy Wood		2/28/2007

Board of County Commissioners	1/25/2007	7A Amended	Adopted as amended				P
REPORT:	Assistant County Attorney Roy Wood noted that the foregoing proposed ordinance should be amended to delete language stating: “to provide for filing of a petition for a child in need of services, rather than a petition for dependency,” and replace it with the following: “to provide for issuance of the juvenile court citation, rather than a petition for dependency.” He also stated that language of Section 1(b), Line 9 should be amended to read: “commencing with the third and any subsequent violation, a juvenile civil citation may be issued in accordance with the provisions of Section 9A5.301 Florida Statutes.” Commissioner Heyman noted that the resources to utilize petitions for dependency were not available. She stated that a structured system to provide services was more efficient. It was moved by Commissioner Souto that the foregoing proposed ordinance be adopted as amended. This motion was seconded by Commissioner Martinez, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Seijas was absent).

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 21210(b) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, WHICH PROVIDES REMEDY FOR VIOLATION OF THE JUVENILE CURFEW ORDINANCE TO PROVIDE FOR ISSUANCE OF A JUVENILE CIVIL CITATION, RATHER THAN A PETITION FOR DEPENDENCY, COMMENCING WITH THE THIRD AND ANY SUBSEQUENT VIOLATION OF THE JUVENILE CURFEW ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21210(b) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 21-210. Penalty or remedy for violations.
* * *

(b) Any juvenile violating the provision of Section 21204 shall be taken into custody and transported immediately to the police station, substation, or other appropriate holding facility in accordance with Chapter 39, Florida Statutes, or to the juvenile's home. Miami-Dade County and the municipalities may enter into the contracts with the community based organizations, including churches, to operate such holding facilities. After recording pertinent information about the juvenile, the law enforcement agency or holding facility shall, in the event the juvenile is not taken immediately to his or her home, attempt to contact the parent or legal guardian of the juvenile and, if successful, shall request the parent or legal guardian to immediately come to the facility where the juvenile is being held, and upon presenting documents identifying the juvenile and the parent or legal guardian shall
release the juvenile to the parent or legal guardian. If after two (2) hours of reaching the holding facility the law enforcement agency or holding facility is unsuccessful in contacting the parent or legal guardian, or if the parent or legal guardian fails or refuses to come to obtain custody of the juvenile, the law enforcement agency or holding facility shall transport the juvenile to his or her current residence. The procedures established for the first violation shall be repeated for the second and any subsequent violation except that commencing with the third and any subsequent violation, a [[petition for adjudication of dependency may be filed in the Juvenile Court]] >>juvenile civil citation may be issued<< in accordance with the provisions of [[Chapter 39]] >>Section 985.301<<, Florida Statutes.
* * *
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.