(a)

In accordance with F.S. § 125.0231, it is the policy of the city to not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property.

(b)

It is the understanding and intent of the city commission that references in the Broward County Code of Ordinances to "any public property under the jurisdiction of the County" include all public property owned, managed or controlled by the city for the purposes of enforcement of prohibitions of public camping or sleeping.

(c)

Sworn law enforcement officers of the city shall enforce prohibitions of public camping or sleeping enacted by Broward County in the manner specified in the Broward County Code of Ordinances.

(Ord. No. 2024-034, § 2, 12-18-2024)

Editor's note— Ord. No. 2024-034, § 2, adopted December 18, 2024, repealed § 19-1 which pertained to camping and obstructing public streets and prohibited public places and derived from Ord. No. 2024-001, adopted January 3, 2024.

(a)

It is unlawful for a person to knowingly or intentionally, in a public place, appear in a state of nudity. A person who violates this section shall be punished as provided in section 1-8 of this Code.

(b)

"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breasts with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

(c)

"Public place" includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

(d)

The prohibition set forth in subsection (c) shall not apply to:

(1)

Any child under ten years of age; or

(2)

Any individual exposing a breast in the process of breastfeeding an infant.

(Code 1980, § 19-5; Ord. No. 2002-5, § 3, 4-2-2002)

State Law reference— Exposure of sexual organs, F.S. § 800.03.

Editor's note— Ord. No. 2024-031, § 4, adopted November 20, 2024, repealed § 19-3 which pertained to conduct on beaches and derived from 1980 Code §§ 19-7—19-9 and Ord. No. 2013-06, adopted August 7, 2013.

(a)

If any number of persons are unlawfully, riotously or tumultuously assembled within the city, any police officer shall go among the persons so assembled, or as near to them as may be with safety, and shall command all the persons so assembled immediately and peaceably to disperse; and if such persons do not thereupon immediately and peaceably disperse, such officer and such additional officers as may be necessary for assistance shall arrest those persons who have not dispersed by leaving the immediate area.

(b)

The failure of any person to disperse after being commanded to do so under the provisions of this section is declared to be unlawful, punishable as provided in section 1-8.

(Code 1980, § 19-9.1)

(a)

Generally.

(1)

It shall be unlawful for any person to distribute obscene material within the corporate limits of the city.

(2)

A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature of the material, or who offers to do so, or who possesses such material with the intent to do so.

(3)

Material is obscene if, considered as a whole, applying community standards, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and is utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

(4)

Material not otherwise obscene may be deemed obscene under this subsection if its distribution, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal.

State Law reference— Obscene literature, profanity, F.S. ch. 847.

(b)

Alternative prohibition and test.

(1)

Any person who shall import, print, publish, sell, design, prepare, loan, give away or distribute any book, magazine, newspaper, writing pamphlet, ballad, printed paper, print, picture, drawing, photograph, publication or other thing, containing obscene, immoral, lewd or lascivious language, or obscene, immoral, lewd or lascivious prints, pictures, figures or descriptions, manifestly tending to the corruption of the morals of persons, or shall introduce into any family, school or place of education or shall buy, procure, receive or have in his possession, any such book, pamphlet, magazine, newspaper, writing, ballad, printed paper, print, picture, drawing, photograph, publication or other thing, either for the purpose of sale, exhibition, loan or circulation, or with intent to introduce the material into any family, school or place of education, shall be guilty of an offense and upon conviction shall be punished as provided in section 1-8.

(2)

The test to be applied in cases under subsection (b)(1) of this section shall not be whether sexual desires or sexually improper thoughts would be aroused in those comprising a particular segment of the community, the young, the immature or the highly prudish, or would leave another segment, the scientific or highly educated or the so-called worldly wise and sophisticated, indifferent and unmoved. But such test shall be the effect of the book, picture or other subject to complaint considered as a whole, not upon any particular class, but upon all those whom it is likely to reach, that is, its impact upon the average person in the community. The book, picture or other subject of complaint must be judged as a whole in its entire context, not by considering detached or separate portions only, and by the standards of common conscience of the community of the contemporary period of the violation charged.

(c)

Search warrant; seizure and destruction, when. Whenever the court having jurisdiction shall receive a complaint, signed and verified upon information and belief by the prosecuting attorney or any assistant prosecuting attorney stating there is any prohibited lewd, lascivious or obscene book, magazine, newspaper, writing, pamphlet, ballad, printed paper, print, picture, motion pictures, drawing, photograph, publication or other thing, as set out in subsection (b) of this section, located within the city, it shall be the duty of the judge to forthwith issue his search warrant directed to the chief of police or any police officer to seize and bring before the judge such a prohibited item. Any police officer seizing such item shall leave a copy of such warrant with any manager, servant, employee or other person appearing or acting in the capacity of exercising any control over the premises where such item is found or, if no person is there found, such warrant may be posted by the police officer in a conspicuous place upon the premises where found; and the warrant shall serve as notice to all interested persons of a hearing to be had at a time not less than ten days after such seizure. At such hearing, the judge issuing the warrant shall determine whether or not the item so seized and brought before him pursuant to the warrant was kept upon the premises where found in violation of any of such provisions. If he shall so find, he shall order such item to be destroyed by the chief of police or any police officer by burning or otherwise, at such time as such judge shall order, and satisfactory return made to him; however, such item shall not be destroyed so long as it may be needed as evidence in any prosecution.

(d)

Alternative procedures. The provisions and procedures of subsections (b) and (c) of this section shall be alternative provisions and procedures to any others available to the city for the suppression of obscene, immoral, lewd or lascivious material in the city.

(Code 1980, §§ 19-10—19-13)

It shall be unlawful for any person to sell or distribute on a retail basis any hypodermic syringe or needle, designed principally for subcutaneous injection, except when authorized by prescription, as such term is defined in F.S. § 465.031(2) by such persons as are authorized under state law to issue prescriptions for drugs to be administered subcutaneously by hypodermic syringe.

(Code 1980, § 19-15)

State Law reference— Possession of paraphernalia, F.S. § 893.145.

It shall be unlawful for any person to house, accommodate, maintain or otherwise keep within such person's care, custody or control, any person adjudicated a criminal sexual psychopath as contemplated and defined in the applicable state statutes.

(Code 1980, § 19-16)

The Hallandale Beach Police Department officers are authorized to utilize body worn cameras in the performance of their law enforcement duties and in the enforcement of any provision of this chapter in accordance with the policies and procedures promulgated by the city administration from time to time.

(Ord. No. 2015-06, § 1, 8-5-2015)

It is unlawful for any person to knowingly rent or lease to another any house, room, booth, tent, shelter, space, boat, vehicle, or other place in the city for the purpose of defrauding another or for any illegal purposes.

(Code 1980, § 19-18)

It shall be unlawful to discharge any fireworks of any kind or form within the city without first obtaining from the city manager a permit for the discharge of such fireworks.

(Code 1980, § 19-19)

State Law reference— Sale of fireworks, F.S. ch. 791; regulation of explosives, F.S. ch. 552.

It shall be unlawful for any person to hunt game of any kind or nature within the city.

(Code 1980, § 19-20; Ord. No. 2011-12, § 2, 11-2-2011)

State Law reference— Weapons and firearms, F.S. ch. 790.

(a)

When prohibited; duty of city manager to determine. It shall be the duty of the city manager to determine whether the public safety and welfare would be promoted by prohibiting fishing from any bridge in the city. If the city manager shall determine that prohibition of fishing from any such bridge would promote the public safety and welfare, he shall recommend to the city commission that fishing be prohibited from such bridge. If the city commission shall approve such recommendation, the city manager shall cause any such bridge to be posted with at least two conspicuously placed signs which shall contain the words "Fishing Prohibited From Bridge" or similar language.

(b)

Violations. It shall be unlawful for any person to fish from any bridge in the city from which fishing has been prohibited, pursuant to subsection (a) of this section, and on or at which a sign announcing such prohibition is posted. Violation of this section shall be punished as provided by section 1-8.

(Code 1980, § 19-26)

(a)

It shall be unlawful for any person to use the United States flag for the purpose of advertising, selling or promoting the sale of any article of merchandise whatsoever in the city.

(b)

No person shall publicly mutilate, deface, defile, defy, trample upon, or, by word or act, cast contempt upon the flag.

(c)

No person shall, in any manner, for exhibition or display:

(1)

Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or this state; or

(2)

Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertising.

(Code 1980, § 19-27)

(a)

Writing on property without permission of owner prohibited. No person shall write, paint or draw any inscription, figure or mark of any type on any building, public or private, or any other property, real or personal, in the city without the express permission of the owner or operator of such property.

(b)

Possession of aerosol spray paint or broad-tipped indelible ink markers by minors prohibited.

(1)

It shall be unlawful for any person under the age of 18 years to have in his possession any aerosol spray can containing any substance commonly known as paint or containing any other opaque liquid capable of being propelled by the aerosol can, or any indelible ink broad-tipped markers of design while on public property or upon private property without the consent of the owner of such private property.

(2)

Any person who gives information leading to the arrest and conviction upon final appeal of any person for a violation of this section and testifies in the prosecution of the violator shall be eligible to receive a reward of up to $500.00 from the city, except that no officer or employee of the city shall be eligible for such reward.

(3)

A parent or natural guardian of a minor convicted under this section shall be liable for any fine assessed by the court or any reward paid by the city in addition to the liability imposed by F.S. § 741.24. An adult convicted under Ordinance Number 88-12 shall likewise be responsible to the city for any reward paid by the city.

(4)

No person shall sell or cause to be sold to any person under the age of 18 years; and no person under the age of 18 years shall buy any aerosol container of spray paint or broad-tipped indelible markers unless bona fide business or personal use is demonstrated at the time of sale. Evidence that a person, his employee or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this subsection.

(c)

Penalty for violation. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than $250.00 nor more than $500.00 per occurrence or by imprisonment for not more than 60 days per occurrence, or both, in the discretion of the court.

(Code 1980, §§ 19-28—19-30)

State Law reference— Graffiti, F.S. § 806.13.

(a)

The term "handbill" means any printed or written matter; any sample or device, dodger, circular, leaflet, pamphlet, paper or booklet; or any other printed or otherwise reproduced original or copy of any matter of literature.

(b)

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone on the premises not to do so verbally or by prior written notice, or if there is placed on the premises in a conspicuous position near the entrance a sign bearing the words "No Trespassing," "No Solicitors," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(c)

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if such person has actual knowledge that the premises are temporarily or permanently unoccupied or where it is or should be apparent to a reasonable person that any previous day's distribution of such material has not been removed or that the property is vacant.

(d)

Handbills not prohibited as provided in this section shall be distributed in or upon private premises only by handing such materials directly to the owner, occupant or other person then present in or upon such premises or by placing the handbill so as to secure or prevent it from being blown or drifted about such premises or upon sidewalks, streets or other public places.

(e)

The prohibitions set forth in this section shall not apply where handbills or printed matters have been specifically contracted for by the person in possession of any premises; nor shall agencies of the federal, state, county, or city governments or licensed and regulated public utilities be prohibited from making communications to or distribution of materials to their citizens or customers concerning or in the course of official business, including but not limited to distribution of articles upon which United States postage has been paid, notices of violation, utility bills, telephone directories, and package delivery notices.

(Code 1980, § 19-31)

(a)

Definitions. For the purposes of this section, the following terms mean:

Pay telephone means a telephone which is available for use by the public, from which calls can be paid for at the time they are made by a coin, credit card, electronic card, prepaid debit card or in any other manner. The term pay telephone includes any pedestal or telephone bank supporting one or more such telephones, associated enclosures, signage or other associated equipment.

Substantial criminal activity means a pay telephone installed or maintained at a location within 100 feet of street addresses where there have been three or more arrests during any calendar year.

(b)

Removal and enforcement.

(1)

Should the city manager determine that a pay telephone installed on city property, the public right-of-way or on private property, facilitates or promotes substantial criminal activity, upon ten days written notice to the owner of the pay telephone, he may order the removal of the pay telephone at the pay telephone owner's expense.

(2)

The pay telephone owner may appeal the city manager's decision to the city commission by making a written request for a hearing before the city commission. The request for a hearing before the city commission must be received by the city manager within ten days of the date of the city manager's decision. Upon receipt of a timely appeal to the city commission, the owner of the pay telephone shall not be required to remove the pay telephone until after the city commission rules on the appeal. At the hearing, after reviewing the relevant facts, the city commission shall decide to uphold, modify or reverse the city manager's decision. If the city commission upholds the city manager's decision, the owner of the pay telephone shall remove the pay telephone within ten days of the city commission's decision. A pay telephone owner may appeal the city commission's decision to the circuit court by filing a petition for certiorari within thirty days of the rendition of the city commission's decision.

(3)

If the pay telephone owner does not voluntarily remove a pay telephone as required by the city manager or city commission (in the event of an appeal of the city manager's decision), the city shall remove it and put it temporarily in storage. The pay telephone owner shall be responsible for paying the city its actual cost associated with the removal, and storage of the pay telephone and the cost of restoring any city property or the right-of-way to its original condition. If the pay telephone owner does not pay the aforementioned costs, and reclaim the pay telephone, within 30 days, the city shall consider the pay telephone surplus property and dispose of it appropriately.

(Ord. No. 2001-8, § 1, 6-5-01)

(a)

It shall be unlawful to commit, within the limits of the City of Hallandale Beach, any act which is or shall be recognized by the laws of the state as a capital felony, felony of the first degree, felony of the second degree, or felony of the third degree.

(b)

It shall be unlawful to commit, within the limits of the city, any act which is or shall be recognized by the laws of the state as a misdemeanor; and the commission of such acts is hereby forbidden.

(c)

It shall be unlawful to commit, within the limits of the City of Hallandale Beach, any act which is or shall be recognized as a violation of any county ordinance which is effective within the city.

(d)

Violations of the provisions of this section, upon conviction thereof, shall be punishable by the same penalty as is therefore provided by the laws of the state.

(e)

The City of Hallandale Beach may elect to offer a pre-trial diversion program to any offender of a non-violent misdemeanor committed within the limits of the City of Hallandale Beach unless specifically prohibited by state law or this Code or impose a civil citation under section 1-8.

(Ord. No. 2014-05, § 1, 2-5-2014)

The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and the necessity in the public interest for the provisions and prohibitions contained and enacted in this article, is declared as a matter of legislative determination and public policy; and it is further declared that the provisions and prohibitions contained and enacted in this article are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(Ord. No. 2014-24, § 1, 9-3-2014)

It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city.

(Ord. No. 2014-24, § 1, 9-3-2014)

(a)

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Code; but this enumeration shall not be deemed to be exclusive, namely:

(1)

Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

(2)

Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio or television receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners. The operation of any such set, instrument, phonograph, machine or device at any time in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, and vehicle or place where it is located shall be prima facie evidence of a violation of this subsection.

(3)

Loudspeakers; amplifiers for advertising. The using, operating or permitting to be played, used, or operated of any radio or television receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public street, particularly between the hours of 11:00 p.m. and 8:00 a.m. or any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.

(5)

Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.

(6)

Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.

(7)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises.

(8)

Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(9)

Loading, unloading, opening, etc., of boxes; trucks idling. It shall be unlawful for any person to load or unload any vehicle at commercial establishments located within 300 feet of a residential area between the hours of 8:00 p.m. and 8:00 a.m. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers is prohibited at all times. No person may allow a truck to stand or park with its engine running nor may a person allow the motor of a trailer attached or capable of being attached to a truck to run within 300 feet of a residential unit for a period exceeding five minutes between the hours of 8:00 p.m. and 8:00 a.m.

(10)

Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building other than between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays, when such activity shall be prohibited other than between the hours of 1:00 p.m. and sunset, subject to the limitations set out below except in cases of urgent necessity in the interest of public health and safety and then only with a permit from the building official, which permit may be granted for a period not to exceed three days or less while the emergency continues; and such permit may be renewed for periods of three days or less while the emergency continues. If the building official shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the prohibited hours; and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours prohibited above upon application being made at the time the permit for the work is awarded or during the progress of the work. The activities regulated by this subsection may be performed between 1:00 p.m. and sunset on Sundays by the owner or occupant of the premises on which such activities are to be performed but this exception shall not permit the use of heavy equipment or use of hired help, between 1:00 p.m. and sunset on Sundays, which may be permitted by the building official only in cases of urgent necessity in the interest of public health and safety.

(11)

Schools, courts, churches, and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while they are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the area is a school, hospital or court street.

(12)

Hawkers, peddlers and vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

(13)

Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

(14)

Metal rails, pillars and columns; transportation. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

(15)

Pile drivers, hammers, etc. The operation between the hours of 6:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance or operation, such as the use of explosives, which is attended by loud or unusual noise.

(16)

Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

(b)

There shall be no private or commercial collection of garbage and/or trash in the city between the hours of 8:00 p.m. and 7:00 a.m.

(c)

The city manager is authorized to issue temporary permits to permit noise produced by temporary uses or activities which do not significantly endanger the health, safety or welfare of the community, but which may be in technical violation of the requirements of this section.

(Ord. No. 2014-24, § 1, 9-3-2014)

(a)

In addition to the requirements of section 9-102, the making and creating of an excessive or unusually loud noise is declared to be unlawful, except when made under and in compliance with a permit, as provided in this section. Although a violation may occur without a measuring test, for the purpose of determining and classifying any noise as excessive or unusually loud, the following test or measurement may be applied:

(1)

The noise shall be measured at a distance of at least 25 feet from a noise source in the public right-of-way, or if the noise source is located on private property, or public property other than a right-of-way, at least 25 feet from the property line of the property upon which the noise source is located.

(2)

The noise shall be measured on a decibel or sound level meter of standard design or quality, operated on the A-weighted scale.

(3)

A noise measured or registered as provided in this section of more than 60 decibels on the A-weighted scale in intensity shall be and is declared to be excessive and unusually loud, and is unlawful.

(4)

A noise measured or registered as provided in this section from a motor vehicle above 88 decibels on the A-weighted scale shall be and is declared to be excessive and unusually loud, and is unlawful.

(b)

Applications for a permit for relief from the noise level designated in this section as unlawful, on the basis of undue hardship, may be made to the city manager. Any permit granted by the city manager shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that such permit shall be effective. The city manager may grant such a permit if he finds that additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or that the activity, operation or noise source will be of temporary duration and cannot be accomplished without exceeding the noise level provided in this section; and that no other reasonable alternative is available to the applicant; and the city manager has prescribed such conditions or requirements deemed necessary to minimize adverse effects upon the community and the surrounding neighborhood.

(c)

The requirements of this section shall not apply to any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency, or to those activities of a temporary duration, licensed and permitted by law, including but not limited to parades and fireworks displays.

(Ord. No. 2014-24, § 1, 9-3-2014)

It shall be unlawful and it is prohibited for any engineer, firefighter, conductor or other person in charge of or control of any locomotive or train of cars to sound any railroad train horn or whistle within the city between the hours of 10:00 p.m. and 6:00 a.m., where the crossing involved has train-activated automatic traffic control devices, which shall include flashing lights, bells and crossing gates, and where signs have been erected at the crossing involved announcing that railroad train horns and whistles will not be sounded during these hours and such signs conform with the uniform system of traffic control devices as specified in F.S. § 316.0745.

(Ord. No. 2014-24, § 1, 9-3-2014)

(a)

For purposes of this section, the term "definition of anti-Semitism" includes the following:

(1)

Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals or their property, or toward Jewish community institutions and religious facilities.

(2)

Examples of anti-Semitism include:

a.

Calling for, aiding, or justifying the killing or harming of Jews (often in the name of a radical ideology or an extremist view of religion);

b.

Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective, especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions;

c.

Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non-Jews;

d.

Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust; or

e.

Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations.

f.

Desecrating a Chanukah menorah on public or private property.

g.

Harassing, defiling, or boycotting Jewish- or Israeli-owned stores and businesses.

h.

Distributing flyers on private property which contain hateful comments or symbols against Jews.

i.

Displaying or projecting any message containing hateful comments or symbols against Jews on a private building or structure without the permission of the owner of the building or structure.

(3)

Examples of anti-Semitism related to Israel include:

a.

Demonizing Israel by using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis, drawing comparisons of contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter-religious or political tensions;

b.

Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel; or

c.

Delegitimizing Israel by denying the Jewish people their right to self-determination, and denying Israel the right to exist.

d.

Destroying, defacing or removing posters or other public displays of the men, women and children kidnapped by the terrorist group Hamas on October 7, 2023, or of other victims of terrorism in Israel.

e.

Defiling or vandalizing an Israeli flag or pro-Israel sign displayed by another.

f.

However, criticism of Israel similar to that levied against any other country cannot be regarded as anti-Semitic.

(b)

In investigating whether there has been a violation of law, the city police department shall take into consideration the definition of anti-Semitism for purposes of determining whether the alleged violation was motivated by anti-Semitic intent, consistent with the federal and state statutes prohibiting hate crimes.

(c)

Nothing in this section may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States, or the State of Florida's Constitution. Nothing in this section may be construed to conflict with federal or state discrimination laws.

(Ord. No. 2018-004, § 2, 2-21-2018; Ord. No. 2023-028, § 2, 12-20-2023)

(a)

This article may be cited as the "City of Hallandale Beach Juvenile Curfew Ordinance."

(b)

The provisions of this article are declared to have citywide effect.

(Code 1980, § 19-32)

(a)

The city commission finds and determines that the city is facing a mounting crisis caused by increasing crime, including juvenile crime and delinquency which threatens peaceful citizens, residents and visitors. The commission further determines that this criminal activity, both individually and collectively, presents a clear and present danger to the citizenry and to the public order and safety. The economic cost of crime in the city continues to drain existing resources. Additionally, the effect on victims, both economic and psychological, is traumatic and tragic.

(b)

The city commission finds that fighting crime effectively requires a multipronged effort, with one aspect focusing on those age groups particularly vulnerable to and injured by crime, and susceptible to being induced into committing crime. Consequently, it is the intent of the commission to create and implement a juvenile curfew program aimed at protecting juveniles from crime and reducing juvenile crime and the direct and indirect consequences of juvenile crime.

(c)

Juveniles in the city have themselves become victims of crime and violence in steadily increasing numbers. Violent crimes against juveniles in the city are dramatically high in number, and the psychological effect of crime committed upon juveniles is particularly tragic and traumatic. A juvenile curfew program would have the additional benefit of reducing juvenile victimization.

(d)

It is the intent of this commission to substantially reduce, if not eradicate, acts of crime and delinquency committed by juveniles and to provide for the care, safety and protection of law abiding juveniles and other citizens, residents and visitors.

(e)

This article is enacted in recognition of the peculiar vulnerability of juveniles, their frequent inability to make critical decisions in an informed, mature manner, and the importance of the parental role in child-rearing.

(f)

The purposes of this article are to:

(1)

Protect juveniles themselves and other citizens, residents and visitors of the city from the dangers of crimes which occur on sidewalks, streets and in public, and semipublic places during late night and early morning hours.

(2)

Decrease the amount of criminal activity engaged in by juveniles.

(3)

Promote and enhance parental control over juveniles.

(Code 1980, § 19-33)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Curfew hours means the hours of 11:00 p.m. until 6:00 a.m. the following day.

Emergency means an unforeseen combination of circumstances or the resulting state or any situation requiring immediate action to care for or prevent serious bodily injury or loss of life. The term includes but is not limited to a fire, natural disaster, or an automobile accident.

Juvenile means a person under 17 years of age whose disabilities have not been removed by marriage or a court of competent jurisdiction or otherwise.

Law enforcement officer means a certified law enforcement officer who is a duly sworn officer of the city police department, or such other individual who qualifies as a law enforcement officer under F.S. § 943.10(1).

Legal guardian means a person or agency appointed by a court to act in the role of a parent.

Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any business or other establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means the natural parent, adoptive parent, or stepparent of a juvenile.

Public place means any street, alley, highway, parking lot, sidewalk, playground, park, plaza, building or other property owned or controlled by a governmental entity.

Semipublic place means any privately owned or privately operated real property (including any structure on the property) to which the general public is invited or has the legal right of access and right to resort for business, recreation, entertainment, or other lawful purpose such as but not limited to any store, shop, restaurant, tavern, theater, parking lot, alley, road, shopping center, bowling alley, pool hall, any vacant lot, or any vacant or abandoned building.

(Code 1980, § 19-34)

Cross reference— Definitions generally, § 1-2.

It shall be unlawful and a violation of this article for any person under the age of 17 years to linger, stay, congregate, move about, wander, or stroll in any public or semipublic place in the city, either on foot or in or upon any conveyance or vehicle being driven or parked on such place, during curfew hours.

(Code 1980, § 19-35)

The provisions of this article shall not apply if the juvenile is:

(1)

Accompanied by a parent or legal guardian or another adult person at least 21 years of age given permission by the parent or legal guardian to have the care, custody or control of the juvenile.

(2)

Engaged in a lawful employment activity or traveling to or returning home from a lawful employment activity without any detour.

(3)

Engaged in interstate travel.

(4)

On an errand at the written approval and direction of the juvenile's parent or legal guardian, without any detour.

(5)

Involved in or attempting to remedy, alleviate or respond to an emergency.

(6)

Attending or traveling to or from an official school, religious or recreational activity supervised by adults at least 21 years of age and sponsored by a governmental entity, civic or religious organization or other similar entity, which organization takes responsibility for the juvenile as an invitee.

(7)

On the swale or sidewalk abutting the juvenile's residence or abutting the residence of a next door neighbor if the neighbor has not complained to the police department about the juvenile's presence.

(8)

Exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Fla. Const., art. I, §§ 3—5), such as free exercise of religion, freedom of speech, and the right of assembly.

(9)

Attending or returning to current residence from a specific activity at a public or semipublic place which is open to the general public and supervised by adults at least 21 years of age provided any such activity begins no later than 10:00 p.m. and provided the juvenile possesses written permission from his parent or legal guardian authorizing the juvenile to attend or engage in that specific activity.

(10)

Married in accordance with law or had disability of nonage removed by a court of competent jurisdiction.

(11)

Homeless or uses a public or semipublic place as his usual place of abode.

(12)

Authorized by the city commission, pursuant to an application by a sponsor of an event not provided for in this subsection, or any other person, to be in a public or semipublic place during curfew hours.

(13)

Operating a motor vehicle and accompanied by a driver who holds a valid license to operate the type of vehicle being operated and who is at least 21 years of age.

(Code 1980, § 19-36)

Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer, upon finding a person suspected to be in violation of this article, shall ask the apparent offender's age and reason for being in a public or semipublic place during curfew hours. The law enforcement officer shall immediately attempt to verify statements or other information provided by the juvenile through contact with the parent, legal guardian or others. The officer shall issue a notice to appear or take into custody any person who the officer reasonably believes is violating or has violated section 19-54, and that based upon any response or circumstance, no defense in section 19-55 is present.

(Code 1980, § 19-37)

It is unlawful for a parent, legal guardian or other adult person at least 21 years of age having the care, custody or control of a juvenile to permit or by insufficient control to permit such juvenile to linger, stay, congregate, move about, wander or stroll on or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the city during curfew hours unless the juvenile is accompanied by his parent, legal guardian or other adult person at least 21 years of age having his care, custody or control. Any parent, legal guardian or other adult person at least 21 years of age having the care, custody or control of a juvenile who shall have made a missing person notification or informs the police department that the juvenile left or remained away from his residence during curfew hours over the objection of the parent, legal guardian or other adult person at least 21 years of age having the care, custody or control of the juvenile shall not be considered to have permitted any person to be in violation of this section. It shall also constitute a defense to this section that such parent, legal guardian or other adult person at least 21 years of age having the care, custody or control of such juvenile did not have knowledge of the presence of such juvenile in, or about or upon any place in the city away from the current residence or usual place of abode of such juvenile during curfew hours if the parent, legal guardian or other person having care, custody or control of such juvenile, in the exercise of reasonable care and diligence, should not have known of the unlawful acts of such juvenile.

(Code 1980, § 19-38)

It is unlawful for any operator, owner of any employee managing or conducting any business or other establishment to knowingly permit a juvenile to linger, stay, congregate, move about, wander or stroll upon the premises of the establishment during curfew hours. It is a defense to prosecution under section 19-60 that the owner, operator or employee notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being asked to leave the premises.

(Code 1980, § 19-39)

Operators are encouraged but not required to conspicuously display in or about the premises of an establishment, a legibly printed notice in substantially the following form:

"IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF 17 TO REMAIN ON THESE PREMISES BETWEEN THE HOURS OF 11:00 P.M. AND 6:00 A.M. THE FOLLOWING DAY UNLESS SPECIFICALLY ALLOWED BY LAW."

(Code 1980, § 19-40)

(a)

Any parent, legal guardian or other adult person at least 21 years of age having the legal care, custody or control of a juvenile, or operator, owner or any employee managing or conducting any establishment who shall violate the provisions of section 19-57 or 19-58 shall be issued a notice to appear, and upon conviction shall be punished by a fine of $100.00.

(b)

Any juvenile violating section 19-54 shall be taken into custody and transported immediately to the police station or other appropriate holding facility in accordance with F.S. ch. 39. After recording pertinent information about the juvenile, the law enforcement agency shall attempt to contact the parent or legal guardian of the juvenile, and if successful, shall request the parent or legal guardian to immediately come to the facility where the juvenile is being held, and upon presenting documents identifying the juvenile and the parent or legal guardian shall release the juvenile to the parent or legal guardian. If after two hours of reaching the holding facility the law enforcement agency is unsuccessful in contacting the parent or legal guardian, or if the parent or legal guardian fails or refuses to come to obtain custody of the juvenile, the law enforcement agency shall transport the juvenile to his current residence. The procedures established for the first violation shall be repeated for the second violation. Commencing with the third and any subsequent violation, a petition for adjudication of dependency shall be filed in accordance with the provisions of F.S. ch. 39.

(Code 1980, § 19-41)

(a)

Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

(b)

It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around a public or private school, designated public or private school bus stop, day care center, public park or public playground, wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

(Ord. No. 2005-10, § 1, 8-16-2005)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days.

Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(Ord. No. 2005-10, § 1, 8-16-2005)

(a)

It is unlawful for any person who has been convicted of a violation of F.S. § 794.011 ("Sexual battery"), § 800.04 ("Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age"), § 827.071 ("Sexual performance by a child"), or § 847.0145 ("Buying or selling of minors"), regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 2,500 feet of any public or private schools that have students less than the age of 18; designated public or private school bus stop, day care center, public park, or public playground.

(b)

The above prohibition shall apply to individuals who have either pled no contest or pled guilty; or who have been found guilty of a violation of an equivalent offense to F.S. §§ 794.011, 800.04, 827.071, or 847.0145, within any state of the U.S. or any foreign nation, provided, however, a person referenced in the foregoing sentence and residing within 2,500 feet of any school, designated public or private school bus stop, day care center, park, playground, does not commit a violation of this section if:

(1)

The person established the permanent residence prior to the effective date of this article;

(2)

The person was a minor when he/she committed the offense and was not convicted as an adult;

(3)

The person is a minor;

(4)

The school, designated school bus stop, day care center, park, or playground within 2,500 feet of the person's permanent residence was opened after the person established the permanent residence.

(c)

For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a public or private school, designated public or private school bus stop, day care center, public park, or public playground.

(d)

Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment.

(Ord. No. 2005-10, § 1, 8-16-2005)

(a)

It is unlawful to lease, let, rent or convey any place, structure, or part thereof, trailer, dwelling place or other conveyance, to a permanent residence or temporary resident by any person prohibited from establishing such permanent residence of [or] temporary residence pursuant to section 19-83 of this Code, if such place, structure, or part thereof, trailer, dwelling place or other conveyance, is located within 2,500 feet of any public or private school, designated public or private school bus stop, day care center, public park, or public playground.

(b)

Prior to letting, renting or leasing any place, structure, or part thereof, trailer or other conveyance for use as a permanent or temporary residence that is located within 2,500 feet of a public or private school that has students less than the age of 18; designated public or private school bus stop, day care center, public park, or public playground, the owner or lessor shall obtain written confirmation from the Florida Department of Law Enforcement (FDLE), the city police department, or other law enforcement agency that the prospective renter or lessee is not a registered sexual offender or sexual predator. A copy of the herein referenced written confirmation shall be retained by the property owner or lessor for not less than two years after the termination of the sexual offender's or sexual predator's residence on the property.

(c)

A property owner's failure to comply with the provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in chapter 9 of this Code.

(d)

The provisions and procedures contained in this chapter shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law, regarding violations of municipal ordinances.

(e)

Nothing in this chapter shall prevent the city from enforcing its ordinances by any other means; including but not limited to enforcement in any court of competent jurisdiction, or by any other enforcement procedure available under F.S. ch. 162, or as provided in this Code or by law.

(Ord. No. 2005-10, § 1, 8-16-2005)

(a)

It is unlawful for a sexual offender or sexual predator to be present in or at a public or private school that has students less than the age of 18; designated public or private school bus stop, day care center, public park, or public playground, when a child under the age of 16 years is present, unless the sexual offender or sexual predator is the parent or guardian of the child present in the park.

(b)

A sign may be posted at the entrance of the facilities identified in subsection (a), which provides that a person shall not be present as provided therein, if convicted of a sexual offense, as defined in section 19-83, unless the sexual offender or sexual predator is the parent or guardian of the child present.

(c)

Penalties. A person who violates section 19-85 herein shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment.

(Ord. No. 2005-10, § 1, 8-16-2005)

The chief of police shall determine if notice to members of the community and the public of the presence of sexual predators and sexual offenders is necessary and provide notice in a manner deemed appropriate by the chief of police including but not limited to the internet, cable channels, mailings, public posting, and leaflets.

(Ord. No. 2005-10, § 1, 8-16-2005)

For the purpose of this section, the following definition shall apply:

Herbal incense means aromatic plant material, containing or to which any synthetic chemical compound has been added for the purpose of mimicking the effects of a controlled substance, that is distributed in a loose, leafy, powder or granular form, or in compressed blocks that can be easily crushed to result in a powder or granular form, and can be placed into pipes, cigarette papers or other drug paraphernalia for purposes of ingestion by smoking, inhaling or other methods.

(Ord. No. 2012-19, § 1, 8-15-2012)

It is unlawful and a violation of this section for any person as defined in section 1-2 of this Code to sell, offer for sale or display herbal incense within the City of Hallandale Beach, Florida.

(Ord. No. 2012-19, § 1, 8-15-2012)

This section may be enforced by any city code enforcement officer or police officer.

(Ord. No. 2012-19, § 1, 8-15-2012)

Any violation of this section is punishable pursuant to F.S. ch. 162 and sections 2-141 and 2-204 of this Code. All herbal incense offered for sale in violation of this Code is subject to seizure and impoundment as a public nuisance.

(Ord. No. 2012-19, § 1, 8-15-2012)

(a)

This article shall be known and may be cited as "The City of Hallandale Beach False Claims Ordinance."

(b)

The purpose of the false claims ordinance is to deter persons from knowingly causing or assisting in causing the city to pay false claims, and to provide remedies for obtaining damages and civil relief for the city if a false claim is sought or obtained from the city.

(c)

The provisions of this chapter are to be liberally construed to effectuate its remedial and deterrent purposes and the public interest. The remedies provided in this chapter are not exclusive, and shall be in addition to any other remedies provided for under law. This article does not limit the authority of law enforcement to enforce criminal law in any manner.

(Ord. No. 2018-022, § 3, 8-15-2018)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of Hallandale Beach.

Claim means any invoice, statement, request, demand, lawsuit, or action under contract or otherwise, for money, property, or services made to any employee, officer, or agent of the city, or to any contractor, grantee, or other recipient if any portion of the money, property or services requested or demanded was issued from, or was provided by, the city.

Claimant means any person who brings, submits, files, maintains, or pursues a claim.

Knowing or knowingly means that a person:

(1)

Has actual knowledge of the information;

(2)

Acts in deliberate ignorance of the truth or falsity of the information;

(3)

Acts in reckless disregard of the truth or falsity of the information; or

(4)

Provides incomplete information by omitting pertinent facts in an attempt to deceive.

Person means any natural person, corporation, firm, association, organization, partnership, agency, limited liability company, business, or trust.

Trustee means the person bringing suit under this article.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

The following action(s) shall constitute a false claim and a violation of this article:

(1)

Any person who knowingly presents or causes to be presented to the city, or to any officer, employee, agent, or consultant of the city, a false or fraudulent claim for payment or approval on which the city relies to its financial detriment;

(2)

Any person who knowingly makes, uses, or causes to be made or used, a false record or statement to get a false, fraudulent, or inflated claim paid or approved by the city;

(3)

Any person who conspires to defraud the city by facilitating the payment of a false, fraudulent, or inflated claim allowed or paid by the city;

(4)

Any person who delivers, with the intent to defraud the city, goods or services of different quality or quantity than that specified in the applicable contract or specification;

(5)

Any person who knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the city.

(b)

Any beneficiary of an inadvertent submission of a false claim to the city, who subsequently discovers the falsity of the claim, and who fails to disclose the falsity of the claim to the city within 30 days of discovering the error, shall also be found to have submitted a false claim to the city.

(c)

Any person found to have submitted a false claim to the city shall:

(1)

Be liable to the city for an amount equal to three times that part of the claim which is false, fraudulent, or inflated;

(2)

Immediately, fully, and irrevocably forfeit the entire amount of the claim;

(3)

Be liable to the city for all costs and fees (including, without limitation, reasonable legal, expert, and consulting fees) incurred by the city to review, defend, and evaluate the claim; and

(4)

Be subject to debarment from city contracting for a period not to exceed five years; and

(5)

Be subject to criminal and civil penalties under section 1-8 of this Code.

(d)

Liability under this section shall be joint and several for any act committed by two or more persons.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

All suits under this article shall be filed in the 17th Judicial Circuit in and for Broward County and shall be governed by the Florida Rules of Civil Procedure.

(b)

The city manager or designee may investigate a violation of this article. If the city manager or designee finds that a person has violated or is violating this article, the city manager may recommend to the city commission a civil action against that person.

(c)

A trustee may bring a civil action for violations of this act and shall be brought in that person's name on behalf of the city, with a certification that all papers in the action are delivered to the city. The city shall not be bound by the trustee's actions.

(1)

When a trustee files an action under this section, the city may intervene or bring an action under this section based on the facts underlying the pending action, and the city shall not be bound by the trustee's actions.

(2)

If the city intervenes in the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by the acts of the trustee in bringing or participating in the action. The trustee shall have the right to continue as a party to the action, subject to the city's right to dismiss or settle the suit notwithstanding the trustee's objections. If the city does not intervene, the trustee has the right to conduct the action on its own, subject always to the city's right to intervene.

(d)

Only the city or a trustee or both may file suit based on the same allegations and intervene in the action of the other. No other person may intervene or bring suit based on same.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

No action shall lie under this article against a member of the city commission or city employee.

(b)

In no event may a trustee bring an action under this article based upon allegations or transactions that are the subject of a civil action or an administrative proceeding in which the city is already a party.

(c)

A trustee cannot bring an action under this article based upon allegations publicly disclosed in transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or inspector general report, hearing, audit, or investigation; or from the news media, unless the trustee bringing the action is an original source of the information. For purposes of this subsection, the term "original source" means a person who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the city manager or designee at least 30 days before filing an action under this article based on the information.

(d)

No trustee can bring an action under this article if the trustee is, or is acting on behalf of, an employee or former employee of the city, and upon information obtained in the course or scope of city employment.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

If a trustee, not joined by the city under this article prevails, the court shall order the distribution to the trustee of not more than 20 percent of the proceeds recovered under any judgment obtained or out of the proceeds of any settlement with the remainder to be distributed to the city.

(b)

If the city joins in an action filed by the trustee, the trustee bringing the action or settling the claim shall receive not more than 15 percent of the proceeds recovered under a judgment rendered or in settlement of a claim under this article with the remainder to be distributed to the city, taking into account the significance of the information and the role of the trustee in bringing the action and in advancing the case, with the remainder to be distributed and paid to the city.

(c)

Any payment under this section to the person bringing the action shall be paid only out of the proceeds recovered from the defendant.

(d)

Whether or not the city proceeds with the action, if the court finds that the action was brought by a person who planned, initiated, or furthered the false claim upon which the action was brought, the person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the city to continue the action.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

In an action by the city or trustee who prevails in such action, the trustee and the city shall be awarded its reasonable attorney's fees, expenses, and costs.

(b)

If the city does not proceed with an action under this article and the defendant is the prevailing party, the court shall award the defendant reasonable attorney's fees and costs against the person bringing the action.

(c)

No liability shall be incurred by the city for any expenses, attorney's fees, or other costs incurred by the trustee in bringing or defending an action under this article.

(Ord. No. 2018-022, § 3, 8-15-2018)

The provisions of this article shall not apply if the claimant can demonstrate by a preponderance of the evidence each of the following facts:

(a)

The claimant submitted or caused to have submitted the claim to or against the city reasonably believing that such claim was free of any material misstatements, or exaggerated, inflated, or unsubstantiated assertions or damages;

(b)

The claimant had no reasonable basis to doubt the truth, veracity, or accuracy of such claim at the time it was submitted;

(c)

Prior to submitting the claim, the claimant diligently investigated the facts underlying such claim and prepared the claim in a reasonable manner given all the relevant information available; and

(d)

When information indicating that any element, statement, or allegation in the claim was false or misleading first became available, such claimant, within five business days of discovering the falsity of the claim, took immediate steps to modify, correct, or withdraw such claim and provided the city with immediate notice thereof.

(Ord. No. 2018-022, § 3, 8-15-2018)

(a)

Upon the request of the city, the person submitting a claim shall, within 30 days, including Saturdays, Sundays, and legal holidays, submit a certified claim as defined by this section. A "certified claim" shall be made under oath by a person duly authorized by the claimant and shall contain a statement that:

(1)

The claim is made in good faith;

(2)

The claim's supporting data are accurate and complete to the best of the person's knowledge and belief;

(3)

The amount of the claim accurately reflects the amount that the claimant believes is due from the city; and

(4)

The certifying person is duly authorized by the claimant to certify the claim.

(b)

Failure to provide the requested certification within the prescribed 30-day period shall constitute a forfeiture of the entire claim.

(c)

Any person who certifies a claim later determined by the city commission to be false after notice and a public hearing, shall be subject to debarment from city contracting for a period not to exceed five years.

(Ord. No. 2018-022, § 3, 8-15-2018)

Any employee who is discharged, demoted, suspended, threatened, or in any other manner discriminated against in the terms or conditions of employment by his or her employer because of lawful acts done by the employee in furtherance of an action under this article, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this article, shall have a cause of action under F.S. § 112.3187.

(Ord. No. 2018-022, § 3, 8-15-2018)