§ 21-81. Misdemeanor; adoption of State law; penalties.

(a)

It shall be unlawful and a violation of this article for any person to commit within Miami-Dade County, Florida, any act which is recognized by the laws of the State of Florida as a misdemeanor.

(b)

All statutes of the State of Florida defining and prohibiting criminal offenses against the State not punishable by death or by imprisonment in the state prison and defined by State law as misdemeanors are adopted and incorporated by reference as part of this article to the same extent and to the same effect as if the provisions of each such statute was set out in full herein defining and prohibiting each such offense against the State to be an act prohibited by or an offense in violation of this article.

(c)

All acts defined as misdemeanors in said State statutes are hereby prohibited and declared to be violations of this article and any person or corporation shall, upon conviction in the court of appropriate jurisdiction for violation thereof, be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail 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 same offense under the State statute.

(d)

The following misdemeanor violations, as such may be amended from time, are eligible to receive a civil violation notice pursuant to chapter 8CC of the Code of Miami-Dade County, Florida, at the discretion of a law enforcement officer, provided that such violations are not charged in conjunction with any charge that is a felony, driving under the influence (DUI), incident involving domestic violence, or violent crime, as those terms are defined under State law:

(1)

Florida Litter Law, as set forth in Fla. Stat. section 403.413(6)(b), as such may be amended from time to time;

(2)

Illegal Use of Dairy Cases, Egg Baskets, Poultry Boxes, or Bakery Containers, as set forth in Fla. Stat. section 506.509, as such may be amended from time to time;

(3)

Trespass on Property Other 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 Shopping Cart, as defined in Fla. Stat. section 812.015(1)(d), as such may be amended from time to time;

(5)

Loitering or Prowling, as set forth in Fla. Stat. section 856.021, as such may be amended from time to time;

(6)

Possession of Cannabis in an amount of 20 grams or less, as set forth in Fla. Stat. section 893.13(6)(b), as such may be amended from time to time; and

(7)

Possession of Drug Paraphernalia, as set forth in Fla. Stat. sections 893.146 and 893.147(1)(b), as such may be amended from time to time.

An individual issued a civil violation notice for any of the violations listed in this subsection shall be subject to fine in accordance with chapter 8CC of the Code of Miami-Dade County, Florida, and shall be eligible for the Miami-Dade County Diversion Program, pursuant to section 8CC-5.1 of the Code of Miami-Dade County, Florida, and Implementing Order 2-12, or its successor Implementing Order of the Board of County Commissioners.

(Ord. No. 70-15, § 1, 2-25-70; Ord. No. 15-47, § 1, 6-30-15)