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ORDINANCE RELATING TO THEFT OF PLANTS AND FRUITS AND TRESPASS; AMENDING SECTION 21-118 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THAT VIOLATIONS OF SECTION 21-118 ARE SUBJECT TO CIVIL ENFORCEMENT PROCEEDINGS UNDER SECTION 8CC, RATHER THAN GENERAL PENALTIES; REMOVING INTENT TO INJURE OR DEFRAUD AS AN ELEMENT FOR VIOLATIONS OF SECTION 21-118; CONSOLIDATING CURRENT SEPARATE TRESPASS VIOLATIONS UNDER 21-118(B) AND (C) INTO SINGLE OFFENSE; AMENDING SECTION 8CC; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, Section 21-118 of the Code of Miami-Dade County (the �County Code�) provides for various violations relating to either theft of plants and fruits or trespass onto nurseries and other related property; and
WHEREAS, these violations are presently subject to enforcement as provided in section 1-5 of the County Code, which provides for punishment by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause; and
WHEREAS, Section 812.014, Florida Statutes, also provides criminal penalties for a person who knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) deprive the other person of a right to the property or a benefit from the property, or (b) appropriate the property to his or her own use or to the use of any person not entitled to the use of the property; and
WHEREAS, currently, a law enforcement officer only has discretion to initiate criminal proceedings against a person for commission of a violation of section 21-118 or section 812.014, Florida Statutes; and�
WHEREAS, on March 7, 2018, the Miami-Dade Agricultural Practices Advisory Board, voted unanimously in support of changes to section 21-118 that would provide law enforcement officers greater flexibility to respond to circumstances of minor fruit and vegetable theft; and
WHEREAS, in order to streamline enforcement of the violations in section 21-118, this Board now desires to have such violations subject to civil enforcement proceedings >>including eligibility for the Miami-Dade Diversion Program<<1 as set forth in Chapter 8CC of the Code of Miami-Dade County and that there be a fine of $200.00 for such offenses; and
WHEREAS, because this change would now have violations treated as civil in nature and subject to a uniform fine rather than court proceedings and potential imprisonment, the requirement that potential violators act with criminal intent to injure or defraud is no longer applicable; and
WHEREAS, the trespass violations currently listed in sections 21-118(b)-(c) can be consolidated into a single general offense,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-118 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:2
Sec. 21-118. Thefts of plants and fruits and trespass.
(a) It is unlawful for any person [[, with the intent to injure or defraud,]] to take, carry away, or damage any plants, fruits, plant products, or nursery stock contained within any nursery or private or public property without the consent of the owner of the property or his agent.

(b) [[It is unlawful for any person to enter upon the premises of any nursery or upon private or public property with the intent to injure, damage, take or carry away any plant, fruit, plant product or nursery stock, without the written or oral consent of the owner of the property or his agent.

(c) ]] It is unlawful for any person to enter the premises of any plant or fruit nursery, whenever the nursery is not open for business, without the [[written or oral]] consent of the owner of the nursery or his agent.

>>(c)<< [[(d)]] [[All violations of this section shall be punished as provided by Section 1-5 of the Code of Miami-Dade County.]] >>Any person who violates a provision of this section shall be subject to penalties, civil liability, attorney�s fees and enforcement proceedings as set forth in chapter 8CC of the Code and shall be subject to any other such enforcement proceedings as may be allowed by law.<<

Section 2. >>Section 8CC-5.1 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:
Sec. 8CC-5.1. Miami-Dade Diversion Program.
* * *
Code Section
Description of Violation
* * *
21-81(d)(7)
Possession of drug paraphenalia
>>21-118<<
>>Theft of plants and fruits and trespass<<
26-1
Parks violations


Section 3.<< Section 8CC-10 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:
Sec. 8CC-10. Schedule of Civil Penalties.
* * *
Code Section
Description of Violation
Civil Penalty
* * *
21-116
Failure to post four (4) signs in areas of self-harvest field closed to the public
500.00
>>21-118<<
>>Theft of plants and fruits and trespass<<
>>200.00<<
21-34(a)
Failure to notify State one-call system prior to excavation
500.00

Section [[3]] >>4<<. 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 [[4]] >>5<<. 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 [[5]]>>6<<. 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.
PASSED AND ADOPTED:


1 The differences between the substitute and the original item are indicated as follows:� Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.���
2 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.