Miami-Dade County Diversion Program
On September 10, 2010, the Board of County Commissioners adopted Implementing Order 2-12 creating the Miami-Dade County Diversion Program. The purpose of the Miami-Dade County Diversion Program is to:
- seek compliance with Miami-Dade County Code violations,
- improve the quality of life in Miami-Dade County through community service hours,
- reduce the demands on the court system and
- give violators options to resolve their ordinance violations.
When a violator is given a Civil Violation Notice or a Complaint/Arrest Affidavit for one of the Miami-Dade County Code violations listed below, he/she is eligible and may elect to voluntarily participate in the Diversion Program.
|Code Violations Eligible for the Diversion Program|
Code Violation Type
|Code Violation Description||Fine*|
|Violation for 7-3||Swimming or fishing from prohibited roads bridges||$25|
|Violation for 8A-276(B)||Failure to display commercial vehicle markings||$200|
|Violation for 8A-172||Conducting business without a license||$100|
|Violation for 21-28||Producing unnecessary or excessive noise||$100|
|Violation for 21-3.2(b)(1)||Consumption of alcohol near a store||$100|
|Violation for 21-31.2(b)(2)||Possession of alcohol near a store||$100|
|Violation for 21-31.4(B)||Aggressive or obstructive panhandling prohibited||$100|
|Violation for 26-1||Parks Violations (specific rule violation must be cited)||$100|
*Fines listed are for first time offenses. For more information regarding these offenses, refer to www.municode.com.
Violators of these violations can either go to court or avoid court by participating in the Diversion Program within 30 days of the violation. Depending upon the situation, the violator can either pay a fine, complete community service hours or a combination of both.
For Violators Issued a Uniform Civil Violation Notice
When someone is issued a civil violation notice, he/she can either pay the fine or ask for an administrative hearing via the Clerk of the Court as indicated on the back of the citation. If the violator does not wish to do either, the Diversion Program gives them additional options:
OPTION 1: (Fee and community service hours)
Pay a $50 processing fee and complete one day of community service for every $100 (or less) of civil fines owed. ($100 fine = 1 day of community service; $200 = 2 days of community service, etc.) One day of community service = 8 hours.
OPTION 2: (Community Service — No Payment)
- For fines of $100 or less– complete 2 days of community service
- For fines of $200 – complete 3 days of community service
- For fines of $300 – complete 4 days of community service
- For fines of $400 – complete 5 days of community service
- For fines of $500 – complete 6 days of community service
Regardless of the option chosen, the violator must complete all of the conditions within 30 days of the issuance of the citation. If all conditions are satisfied, a Certificate of Completion will be sent to the Clerk of the Court advising that the violator has complied and requesting that the civil case be closed. If the conditions of the Diversion Program are not satisfied, the County will proceed with the civil collection process pursuant to Miami-Dade County Code Section 8CC-7, Recovery of unpaid penalties.
For Violators Issued a Complaint/Arrest Affidavit
When someone is cited using a Complaint/Arrest form and signs a Notice to Appear, he/she is entitled to an arraignment and trial. Usually, the violator must wait three to five weeks from the date of the violation for their case to be set for court. The process can be time consuming and costly.
Anyone cited for one of the enumerated violations can voluntarily participate in the Diversion program, regardless of his/her criminal past. The conditions of the program can be satisfied and the criminal case closed within a short time after the arrest without the need to appear in court. The options available for criminal violations are:
For all violations except 8A-276(b), Failure to Display Commercial Vehicle Markings:
OPTION 3: (Processing fee + community hours)
Pay a $50 processing fee and complete one day of community service (CS) for the first time enrolled in the program.*
OPTION 4: (Community Service — No Payment)
Complete two days of community service for first time enrollment.*
OPTION 5: (No Community Service Hours)
Pay a $50 processing fee and a $100 community service fee ($150 total) for the first enrollment.*
Options for Violations of 8A-276(b), Failure to Display Commercial Vehicle Markings
OPTION 6: (Processing fee + community hours)
Pay a $50 processing fee, complete two days of community service for the first enrollment and provide proof that the vehicle driven when cited presently complies with the county code.*
OPTION 7: (Community Service — No Payment )
Complete three days of community service for the first time enrollment and provide proof that the vehicle driven when cited presently complies with the county code.*
OPTION 8: (No Community Service)
Pay a $50 processing fee and a $200 community service fee ($250 total) for the first enrollment.*
*For information on subsequent enrollment, contact the Diversion Program staff.*
Once all of the above conditions are satisfied, a Certificate of Completion will be sent to the Miami-Dade Office of the State Attorney and Clerk of the Court and the case will be closed. If the conditions of the Diversion Program are not satisfied within thirty days of the violation, the case will be prosecuted in criminal court.
Additional Requirements for Violations of 8A-172 and 8A-276(B)
If the violator has been charged with violating Section 8A-172, Conducting business without a local business tax receipt, the violator must also obtain a business license from the Miami-Dade County Local Business Tax Section and present the license or receipt to the staff at the Diversion Program, unless the violator provides written documentation that the business is no longer conducted.
If the violator has been charged with violating Section 8A-276(B), Failure to display commercial vehicle markings, the violator must also provide evidence of proper vehicle markings to the Diversion Program Coordinator.
Registration by Mail — Only Option 5 and Option 8 (all other options must register in person)
Criminal violators have the option of performing community service hours or converting their hours into a monetary fee amount. If the violator chooses to pay a fee in lieu of completing community service hours, the conditions of the Diversion Program can be completed by registering by mail and submitting payment via a money-order payable to the Miami-Dade County Diversion Program. The police case number and the date of the violation must be noted on the money-order.
To complete the conditions of the program by mail, the violator must complete the registration form and attach a money-order payable to the Miami-Dade County Diversion Program.
MIAMI-DADE POLICE DEPARTMENT
FISCAL ADMINISTRATION BUREAU
ATTN: DIVERSION PROGRAM
9105 NW 25th ST. SUITE 3055
MIAMI, FL 33172
Once the form and payment are received and verified, the Dade County State Attorney’s Office will be notified and the case will be closed. Please note that participation in the Diversion Program does not mean that there will be no record of the incident. There will still be an arrest and court record of the violation indicating that the case was administratively closed. The Diversion Program gives the violator the option of saving time and avoiding court.
If the violator would like to have their arrest and court record sealed or expunged, they must contact the Dade County State Attorney’s Office at 305-547-0100.
Diversion Program Registration In-Person
Miami-Dade Police Department
Diversion and Community Service Unit
7617 SW 117th Avenue
Miami, FL 33183
Office hours are Monday thru Friday
8 a.m. to 4 p.m.
15665 Biscayne Blvd
North Miami Beach, FL 33180
Office hours are Mondays and Wednesdays
8 a.m. to Noon and 1 p.m. to 4 p.m.
Main: 305-596-3850 ext 231
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