Hillsborough County Ordinance Prohibiting Possession of Cannabis
Law enforcement officers in Hillsborough County are issuing LOCAL ORDINANCE Citations for Possession of Cannabis less than 20 grams. The citations often list the violation as “14-62(b)” with a charge description of “CANNABIS LESS THAN 20 Grams (1ST OFFENSE).” The citation is electronically filed with the clerk of court. According to ORDINANCE 20-3 section 9, the County Court has jurisdiction over all County Ordinance violations. To contest a civil citation issued pursuant to this Ordinance, the recipient must appear at the office of the Clerk of Court within seven (7) calendar days of receiving the citation in order to receive a hearing date. Or your attorney can file a motion for a hearing date on your behalf and waive your appearance at the arraignment.
If the Court finds that the violation did occur, at the end of the hearing, the court can impose a fine of up to $500.00, plus filing fees, court or clerk costs, and the administrative surcharge. If you pay the fine without requesting a hearing, the fine amount is typically $90.
What is Hillsborough County Ordinance Violation 14-62(b)?
Sec. 14-62. – Purpose and authority.
Hillsborough County recognizes that violations of the County’s ordinances and laws pose a significant potential for harm to the public when allowed to continue unabated. Therefore, it is the intent of this article to provide a supplemental and additional means of enforcing County ordinances and laws by creating an option for the issuance of notices to appear and civil citations pursuant to the authority of F.S. ch. 162, pt. II.
(Ord. No. 14-28, § 2, 9-17-2014)
If you search the Hillsborough County ordinance for the phrase “possession of cannabis,” you find:
Sec. 36-538. – Possession of cannabis prohibited.
Share Link to sectionPrint sectionDownload (Docx) of sectionsEmail sectionIt shall be a violation of this article for any person 18 years of age or older, to be in actual or constructive possession of 20 grams or less of cannabis, provided the violator is not arrested for any reason at the time of the violation. Lawful possession of cannabis medically prescribed by a licensed physician is excepted from this prohibition.
(Ord. No. 20-3, § 4, 2-20-2020)
The link for Ordinance Number 20-3 directs you to a letter dated February 20, 2020, from the Clerk of Court’s Grant, Manager of BOCC Records/VAB. The letter is addressed to the DEPARTMENT OF STATE, ADMINISTRATIVE CODE AND REGISTER. The letter references “Ordinance #20-3 Hillsborough County Cannabis Ordinance” and provides:
Pursuant to the filing requirements of Florida Statutes 125.66, we are forwarding an executed electronic original of Hillsborough County Ordinance #20-3 adopted by the Board of County Commissioners on February 19, 2020. It is respectfully requested that you provide this office with the required official acknowledgment of your receipt and filing of said ordinance by return e-mail.
The program administrator for the Florida Department of State wrote back that same day:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Hillsborough County Ordinance No. 20-3, which was filed in this office on February 20, 2020.
The attachment for ORDINANCE 20-3 provides:
SECTION 1: INTENT
It is the intent of the Hillsborough County Board of County Commissioners to protect the health, safety, and welfare of its citizens by prohibiting the possession of 20 grams or less of cannabis. Possession of 20 grams or less of cannabis may be regulated as a county code violation through the use of civil citations.
SECTION 2: TITLE
This Ordinance shall be known and may be cited as the Hillsborough County Cannabis Ordinance.
SECTION 3: DEFINITIONS
The following words, terms, and phrases when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Arrest” means a physical arrest by a law enforcement officer or a Notice to Appear, which may result in criminal charges and a criminal record, if convicted.
(b) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not, or the seeds thereof. The term does not include “low-THC cannabis” as defined in Section 381.986, Florida Statutes, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed in conformance with that section. “Cannabis” also does not include resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
(c) “Community Service” means uncompensated labor for a not-for-profit corporation, community organization, charitable organization, public officer, the State or any political subdivision of the State, or any other body approved by the County Administrator, the purpose of which is to improve the quality of life or social welfare of the community, and which agrees to accept community service from persons.
(d) “Educational Program” means a presentation of information about the risks and effects of substance abuse.
(e) “Screening” means evaluation of a person who receives a citation under this Ordinance for the purpose of determining the person’s need for drug treatment or intervention.
(f) “Treatment” means a professional clinical intervention for the purpose of mitigating a substance abuse condition.
SECTION 4: POSSESSION OF CANNABIS PROHIBITED
It shall be a violation of this Ordinance for any person 18 years of age or older, to be in actual or constructive possession of 20 grams or less of cannabis, provided the violator is not arrested for any reason at the time of the violation. Lawful possession of cannabis medically prescribed by a licensed physician is excepted from this prohibition.
SECTION 5: ENFORCEMENT
(a) A violation of this Ordinance shall be enforced as a non-criminal code violation through the issuance of a Civil Citation (citation).
(b) The Board of County Commissioners expressly declares that violations of this Ordinance are irreparable or irreversible violations and shall be enforced pursuant to the provisions of Chapter 162, Florida Statutes, and Chapter 14, Article III, Hillsborough County Code of Ordinances and Laws, as either may be amended.
(c) Enforcement of violations of this Ordinance shall be by a law enforcement officer having jurisdiction where the violation occurred.
(d) Pursuant to Chapter 162, Florida Statutes, and Chapter 14, Article III, Hillsborough County Code of Ordinances and Laws, any State, County, or Municipal law enforcement officer in a jurisdiction in which this Ordinance applies is hereby designated, for enforcement of this Ordinance only, as a code enforcement officer and shall have the authority and discretion to immediately issue a Civil Citation for a violation of this Ordinance if the law enforcement officer has reasonable cause to believe that a person violated the Ordinance.
(e) Civil Citations issued pursuant to this Ordinance shall contain all information required by Chapter 162, Florida Statutes, and Chapter 14, Article III, Hillsborough County Code of Ordinances and Laws.
(f) No person shall be eligible to receive a citation for a violation of this Ordinance if the person has previously received a citation and has failed to pay the required penalty, perform the required community service, or challenge the previously issued citation in county court pursuant to Section 9 of this Ordinance.
(g) No person may receive more than four citations pursuant to this Ordinance. To be eligible to receive a third or fourth citation, the recipient must consent to satisfy the requirements of Section 6 of this Ordinance.
(h) Pursuant to the requirements of Chapter 14, Article III, Hillsborough County Code of Ordinances and Laws, fines for violations and repeat violations of this ordinance shall be established by adoption of a Resolution of the Board of County Commissioners.
SECTION 6: DRUG SCREENING, EDUCATION, AND TREATMENT
(a) To be eligible to receive a citation for a third or fourth violation of this Ordinance, the violator must consent, at the violator’s expense, to participate in a drug screening. If the screening indicates a need for treatment, the violator must also complete an approved treatment or education program in addition to the original penalty as specified by Board Resolution. If the screening does not indicate a need for treatment, the violator shall only be required to satisfy the original penalty as specified by Board Resolution.
(1) The County Administrator shall designate the Hillsborough County Sheriff’s Office to conduct drug screenings required under this Section in a manner consistent with standards of that field.
(2) The violator may only receive treatment as required by this Section from a person, persons, agency, organization, or entity that has been approved by the Hillsborough County Sheriff’s Office, or designated representative.
(3) The Hillsborough County Sheriff’s Office shall designate a person, persons, agency, organization, or entity with appropriate knowledge of the field of substance abuse to select, prepare, or implement an Educational program in a manner consistent with standards of that field.
(4) The Hillsborough County Sheriff’s Office, shall set the cost of participation in the screening, educational programs, and treatment.
(b) Any person who withdraws consent to participate in a screening, treatment, or educational program, or who fails to comply with the terms of a citation issued under this Ordinance within a reasonable period of time, as set by the Hillsborough County Sheriff’s Office and stated in the citation, shall be reported to the law enforcement agency that issued the citation for further action.
SECTION 7: PENALTIES
(a) A violation of this Ordinance is a non-criminal code violation, subject to penalties as established by Board Resolution.
(b) The recipient of a citation issued pursuant to this Ordinance shall pay the fine, or complete the required community service, within thirty (30) calendar days from the date the citation was received.
(c) The Clerk of Court shall accept designated fines, issue receipts, and accept proof of satisfactory completion of community service.
(d) In addition to the fine assessed, the violator shall pay filing fees, court and clerk costs, and an additional $10.00 administrative surcharge. The surcharge shall be used by the County to defray the costs of enforcement of this Ordinance. The Clerk is directed to disperse the $10.00 surcharge, and all other amounts as provided by law, to the County on at least a quarterly basis.
(e) Any person who receives a citation for violating this Ordinance, but fails to pay the assessed fine or successfully complete community service within thirty (30) calendar days after receipt, may be reported to the law enforcement agency that issued the citation for further action.
(f) If a violator fails to pay a citation or successfully complete community service, a default judgment may be entered up to the maximum penalty of $500.00, plus filing fees, court or clerk costs, and the administrative surcharge.
SECTION 8: SEIZURE AND DESTRUCTION OF CONTRABAND CANNABIS
(a) Any contraband cannabis that is the subject of a violation of this Ordinance shall be seized for evidentiary use.
(b) Contraband cannabis seized pursuant to this section, after its use as evidence is no longer required, shall be destroyed in the same manner used to destroy narcotics by the seizing agency, as provided by law.
SECTION 9: CONTESTING THE CITATION
(a) The County Court shall have jurisdiction over all violations of this Ordinance.
(b) To contest a civil citation issued pursuant to this Ordinance, the recipient must appear at the office of the Clerk of Court within seven (7) calendar days of receiving the citation in order to receive a hearing date.
(c) After a hearing, if the Court finds that a violation of this Ordinance has occurred, fines of up to $500.00, plus filing fees, court or clerk costs, and the administrative surcharge, may be imposed by the Court.
SECTION 10: OTHER REMEDIES
Nothing contained herein shall prevent the County from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (b) Initiating an action to recover any and all damages that may result from a violation of, or refusal to comply with, any part of this division; and (c) Utilizing any other action or enforcement method allowable by law.
SECTION 11: CONFLICT WITH STATE LAW
Nothing in this Ordinance is intended to conflict with the provisions of the Florida Constitution or any Florida Statute. In the event of a direct and express conflict between this Ordinance and either the Florida Constitution or the Florida Statutes, then the provisions of the Florida Constitution or Florida Statutes, as applicable, control.
SECTION 12: SEVERABILITY
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a Court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance.
SECTION 13: REPEAL OF LAWS IN CONFLICT
All county laws and ordinances in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 14: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall be included and incorporated in the Hillsborough County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Hillsborough County Code, once established. The recitations contained in the “WHEREAS” clauses are incorporated herein by reference, but are not required to be reproduced and included in the Code.
SECTION 15: APPLICABILITY
All provisions of this Ordinance shall be applicable throughout the incorporated and unincorporated areas of Hillsborough County unless any municipality has enacted or enacts an ordinance addressing the regulation of cannabis within its borders. In such a case the municipal ordinance shall control over any conflicting language contained in this ordinance.
SECTION 16: FILING OF ORDINANCE AND EFFECTIVE DATE
In accordance with the provisions of Section 125.66, Florida Statutes, governing ordinances, a certified copy of this Ordinance shall be filed with the Florida Department of State by the Clerk of the Board of County Commissioners. The provisions of this Ordinance shall take effect upon filing with the Florida Department of State.
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