§ 9-1. Offenses under state law; prohibited.

(a)

It shall be unlawful within the village, for any person to commit any act or fail to perform any duty, the commission of which, or the failure of which, constitutes a misdemeanor under the laws of the State of Florida.

(b)

Whoever shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is provided by the laws of the state.

(c)

Notwithstanding subsection (a) the following misdemeanors under State law are eligible to receive a civil violation notice, 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, incident involving domestic violence, or violent crime, as those terms are defined under state law.

(1)

Possession of Cannabis in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b), as such may be amended form time to time; and/or

(2)

Possession of drug paraphernalia, as set forth in F.S. §§ 893.146 and 893.147(1)(b), as such may be amended from time to time.

(3)

Penalties and enforcement.

a.

A person violating subsection (c)(1) or (c)(2) hereunder shall receive a civil fine of $100.00 for first time violation and $250.00 for repeat violations within a one-year period.

b.

Enforcement. The Monroe County Sheriff's Office shall enforce this section within the village. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a police officer finds a violation of subsection (c)(1) or (c)(2), the police officer will be authorized to issue a civil citation. The citation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a hearing officer / special magistrate within ten days after service of the citations, and that the failure to appeal the violation within 14 days of service shall constitute an admission of the violation and a waiver of the right to a hearing.

c.

Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate.

1.

A violator who has been served with a civil citation under this section must elect to either:

i.

Pay the civil fine in the manner indicated on the citation; or

ii.

Request an administrative hearing before a special magistrate to appeal the citation, which must be requested within 14 days of the service of the citation.

2.

The procedures for appeal by administrative hearing of the citation shall be as set forth in this section 9-1 and section 2-147 of the village Code. Applications for hearings must be accompanied by a fifty-dollar administrative fee, which shall be refunded if the named violator prevails in the appeal.

3.

If the named violator, after issuance of the civil citation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the police officer. The failure of the named violator to appeal the decision of the police officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.

4.

A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgement by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgement except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the village may foreclose or otherwise execute upon the lien.

5.

Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction.

6.

The special magistrate shall be prohibited from hearing the merits of the citation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within 14 days of the service of the citation.

7.

The special magistrate shall not have discretion to alter the penalties described herein.

(Ord. No. 16-03, § 2, 2-25-2016)