Ordinance 2024-4660ORDINANCE NO.2024-4660
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70,
ENTITLED "MISCELLANEOUS OFFENSES";ARTICLE I,ENTITLED
"IN GENERAL";SECTION 70-8,ENTITLED "APPROACHING A LAW
ENFORCEMENT OFFICER,AFTER WARNING,WITH INTENT TO
IMPEDE,PROVOKE OR HARASS"TO PROVIDE PROTECTION FOR
MORE CITY FIRST RESPONDERS AND BRING LANGUAGE INTO
COMPLIANCE WITH SEC.843.21,FLA.STAT.;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE
DATE.
WHEREAS,on April 12,2024,Governor Ron Desantis signed into law Senate Bill 184
(SB 184),which created Sec.843.21,Fla.Stat.,and provided,effective January 1,2025,that an
individual who approaches a limited list of first responders,with specified intent,is guilty of a
misdemeanor of the second degree;
WHEREAS,City of Miami Beach first responders,which include law enforcement
officers,detention officers,firefighters,emergency medical providers,parking
enforcement specialists,code compliance officers,and park rangers,serve a critical and
essential role in keeping our community safe and should be protected similarly to the list
of first responders provided in Sec.843.21,Fla.Stat.;and
WHEREAS,the work of the City's first responders is of great importance and,as
such,there exists a need to maintain and improve the safety,security and working
conditions of these officers and those they seek to protect;and
WHEREAS,the City's first responders,while engaged in the lawful performance
of their legal duties,continue to encounter individuals who,after receiving warnings not
to do so,violate such warnings and approach or remain within close proximity of the first
responder(s),with no regard for the first responders'personal safety and no consideration
for the first responders'responsibility to maintain public safety,order and social peace;
and
WHEREAS,certain individuals who fail to heed such warnings not to approach a
first responders in the lawful performance of a legal duty,occasionally intend to provoke
a physical response from first responders,hinder first responders'performance of their
legal duties or incite the crowd surrounding such first responders;and
WHEREAS,threats to the life and safety of first responders and the protection of
the right to life,liberty and security of the persons in the surrounding area (and potentially,
any arrestee)must be seen as imperative to the stability of society as a whole;and
WHEREAS,the Mayor and City Commission finds that it is in the best interest of
the City's first responders,its residents and visitors to adopt this ordinance to protect the
general public health,safety and welfare.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Article I of Chapter 70 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 70.MISCELLANEOUS
ARTICLE I.IN GENERAL
Sec._70-8.Approaching a law enforcement officer,after warning,with intent to impede,
provoke or harass first responder with specified intent.
(a)As used in this section,the term "law enforcement officer"shall be defined as set forth in
section 70 86 of the City Code.
(b)Ht shall be unlawful for any person,after receiving a warning from a law enforcement officer,
to approach or remain within 20 feet of a law enforcement officer engaged in the lawful
performance of any legal duty with the intent to:
(1)Interrupt,disrupt,hinder,impede or interfere with a law enforcement officer's ability to
perform such duty;or
(2)Provoke a physical response from a law enforcement officer;or
(3)Directly or indirectly harass a law enforcement officer.
(c)A violation of this section shall be punished in accordance with section 114 of the City Code.
(1)As used in this section,the term:
(a)"First responder"includes a law enforcement officer as defined in s.943.101)a
firefighter as defined ins.784.07(1)an emergency medical care provider as defined ins.
784.07(1)a parking enforcement specialist as defined ins.316.640,a code compliance
officer as defined in s.162.21,an individual employed as a detention officer by the City,
and an individual employed as a park ranger by the City.
(b)"Harass"means to willfully engage in a course of conduct directed at a first responder
which intentionally causes substantial emotional distress in that first responder and serves
no legitimate purpose.
(2)(a)It is unlawful for a person,after receiving a verbal warning not to approach from a
person he or she knows or reasonably should know is a first responder,who is engaged in
the lawful performance of a legal duty,to knowingly and willfully violate such warning and
approach or remain within 25 feet of the first responder with the intent to:
1.Impede or interfere with the first responder's ability to perform such duty;
2.Threaten the first responder with physical harm;or
3.Harass the first responder.
(b)A violation of this section shall be punished in accordance with section 1-14 of the City
Code.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach,Florida.The sections of this Ordinance may be renumbered or
relettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
SECTION 5.EFFECTIVE DA TE.
This Ordinance shall take effect on the 1 day ot /own»er
PASSED AND ADOPTED this 20 day or_/out mbe _,2024.
ATTEST:
NO 2 2 202
Steven Meiner,Mayor
•
2024.
Rafael E.Granado,City Clerk
(Sponsored by Commissioner David Suarez)
Underline denotes additions
Strike through denotes deletions
Co-Sponsored by commissioner Joseph Magazine
Co-Sponsored by Commissioner Alex J.Fernandez
APPR O VED AS TO
FORM 8 LANGUAGE
8 FO R EXECUTION
Ordinances -RS G
MIAMI BEA C H
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 9:45 a.m.Second Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70,ENTITLED
"MISCELLANEOUS OFFENSES";ARTICLE I,ENTITLED IN GENERAL";SECTION
70-8,ENTITLED "APPROACHING A LAW ENFORCEMENT OFFICER,AFTER
WARNING,WITH INTENT TO IMPEDE,PROVOKE OR HARASS"TO PROVIDE
PROTECTION FOR MORE CITY FIRST RESPONDERS AND BRING LANGUAGE
INTO COMPLIANCE WITH SEC.843.21,FLA.STAT.;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance was approved on first reading.No changes have been made between
first and second reading.
On April 12,2024,Governor Ron Desantis signed into law Senate Bill 184 (SB 184),which
created Sec.843.21,Fla.Stat.,and provided,effective January 1,2025,that an individual who
approaches a limited list of first responders,with specified intent,is guilty of a misdemeanor of
the second degree.
City of Miami Beach first responders,which include law enforcement officers,detention
officers,firefighters,emergency medical providers,parking enforcement specialists,code
compliance officers,and park rangers,serve a critical and essential role in keeping our
community safe and should be protected similarly to the list of first responders provided
in Sec.843.21,Fla.Stat.
The work of the City's first responders is of great importance and,as such,there exists a
need to maintain and improve the safety,security and working conditions of these officers
and those they seek to protect.
The City's first responders,while engaged in the lawful performance of their legal duties,
continue to encounter individuals who,after receiving warnings not to do so,violate such
warnings and approach or remain within close proximity of the first responder(s),with no
regard for the first responders'personal safety and no consideration for the first
responders'responsibility to maintain public safety,order and social peace.
Page 705 of 1993
Certain individuals who fail to heed such warnings not to approach a first responders in
the lawful performance of a legal duty,occasionally intend to provoke a physical response
from first responders,hinder first responders'performance of their legal duties or incite
the crowd surrounding such first responders.
Threats to the life and safety of first responders and the protection of the right to life,
liberty and security of the persons in the surrounding area (and potentially,any arrestee)
must be seen as imperative to the stability of society as a whole.
By extending the protections offered in new Sec.843.21,Fla.Stat.,to law enforcement
officers,detention officers,firefighters,emergency medical providers,parking
enforcement specialists,code compliance officers,and park rangers,this proposed
Ordinance will advance the important public safety goals of the City and protect the well-
being of our dedicated first responders.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:10/11/2024
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2.-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Page 706 of 1993
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Commissioner Joseph Magazine
Commissioner Alex Fernandez
Condensed Title
9:45 a.m.2nd Rdg,Approaching First Responder with Specified Intent.
(Suarez/Magazine/Fernandez)CA
Page 707 of 1993