Police Department Policy

GO #22-01 - COURT ATTENDANCE, COURT PROCEDURES, COURT OVERTIME

Miami Beach Police Department

Policy Text
I. General B. The CSU Sergeant and CSU personnel are tasked with: 3. By charging defendants under the City Code, instead of the state law misdemeanor statute(s), it will allow the Municipal Prosecution Team and not the Miami-Dade State Attorney's Office to become the primary entity responsible for the prosecution of the conduct which constitutes the State law misdemeanor offenses of: a. Misdemeanor battery except domestic battery pursuant to F.S. 784.03; b. Misdemeanor criminal mischief pursuant to F.S. 806.13; and c. Misdemeanor exposure of sexual organs - indecent exposure - pursuant to F.S. 800.03. 4. Section 70-1 of the City Code, was amended, and as a result, when probable cause exists to arrest an individual for committing the misdemeanors listed above, officers now have the option, and are encouraged to charge such offenses, as violations of the City's criminal municipal ordinances as defined under City Code: a. 70-l(c) -It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor battery, as such offense is set forth in Florida statute 784.03; b. 70-l(d) - It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor criminal mischief, as such offense is set forth in Florida statute 806.13; and c. 70-l(e) - It shall be unlawful for any person to commit, within the city, any act that is or shall be recognized as a misdemeanor exposure of sexual organs (indecent exposure), as such offense is set forth in Florida statute 800.03. RMC/pjp APPROVED BY: Richard M. Clements Chief of Police

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