Miami-Dade County Diversion Program

• 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 21-22 & 21-22.1
  Synthetic Stimulants - $500
  
  
• 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 21-36.3 (c)
  Solicitation in public right-of-way at prohibited intersections - $100
  
  
• Violation for 21-81(d)(1)
  Florida Litter Law - $100
  
  
• Violation for 21-81(d)(2)
  Illegal Use of Dairy Cases, etc. - $100
  
  
• Violation for 21-81(d)(3)
  Trespass on Property Other than Structure or Conveyance - $100
  
  
• Violation for 21-81(d)(4)
  Retail theft by Removal of Shopping Cart - $100
  
  
• Violation for 21-81(d)(5)
  Loitering and Prowling - $100
  
  
• Violation for 21-81(d)(6)
  Possession of Cannabis in an amount of 20 grams or less - $100
  
  
• Violation for 21-81(d)(7)
  Possession of Drug Paraphernalia - $100
  
  
• Violation for 21-81(d)(8)
  Violation of emergency order by individual violator - $100
  
  
• Violation for 21-81(d)(9)
  Violation of emergency order by commercial establishment violator - $500
  
• Violation for 21-81(d)(10)
  Violation by Secondhand Dealers and Secondary Metals Recyclers - $500
  
  
• Violation for 21-81(d)(11)
  Violation of the Florida Pawnbroking Act - $500
  
  
• Violation for 21-81(d)(12)
  Criminal mischief for damage $200.00 or less - $100
  
  
• Violation for 21-81(d)(13)
  Criminal mischief for damage greater than $200.00 but less than $1,000.00 - $100
  
  
• Violation for 21-81(d)(14)
  Petit theft of the second degree - $100
  
  
• Violation for 21-81(d)(15)
  Petit theft of the first degree - $100
  
  
• Violation for 21-118
  Theft of plants and fruits and trespass
  
  
• Violation for 21-287
  Rafting
  
  
• 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 http://www.municode.com.

Violators may choose to either pay the fine, request a court appearance to appeal the violation, or avoid court by participating in the Diversion Program within 30 days of the violation.

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: Pay the fine within 30 days of issuance of the violation.

Option 2: Request an administrative hearing, in writing, within 20 days of receiving the violation, via the Clerk of Courts. Requests should be submitted to:

Clerk of Courts
Code Enforcement, District Operations
111 NW 1st St.
Suite 1750
Miami, Florida 33128-1981
Telephone: 305-375-2333
Fax: 305-375-2731

Option 3: Fee and Community Service Hours

Pay a $50 processing fee and complete one day (eight hours) of community service for every $100 of civil fines owed.
($100 fine = 1 day; $200 fine = 2 days, etc.)

Option 4: Community Service — No Payment

• For fines of $100 or less: Complete 2 days (16 hours) of community service
• For fines of $200: Complete 3 days (24 hours) of community service
• For fines of $300: Complete 4 days (32 hours) of community service
• For fines of $400: Complete 5 days (40 hours) of community service
• For fines of $500: Complete 6 days (48 hours) 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.

When someone is cited using a complaint or 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:

Option 1: Fee and Community Service Hours
Pay $50 processing fee plus $100 Community Service Fee ($150 total payment) and complete attached registration form.

Option 2: Community Service—NO PAYMENT
Complete two days* (16 Hours) of community service.

Option 3: Pay $50 Processing fee and complete one day (eight hours) of community service.

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 30 days of the violation, the case will be prosecuted in criminal court.

Additional Requirements for Violations of 8A-172
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. Additional information on obtaining a local business tax receipt may be located at
http://www.miamidade.gov/taxcollector/local-business-tax.asp.

Registration by mail is only available for violators issued a Complaint/Arrest Affidavit who elect Option 1. 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.

Mail to:
Miami-Dade Police Department
Police Legal Bureau
Attn: Diversion Program
9105 NW 25th St.
Suite 3042
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.