Resolution 2023-32508 RESOLUTION NO. 2023-32508
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ENDORSING THE CITY
MANAGER'S PROACTIVE UTILIZATION AND IMPLEMENTATION OF
THE PROVISIONS OF FLORIDA STATUTE 316.1891, WHICH PROVIDE
THE POLICE DEPARTMENT WITH ADDITIONAL TOOLS TO CONTEND
WITH UNPERMITTED SPECIAL EVENTS TAKING PLACE ON CITY
STREETS AND ROADWAYS DURING SPRING BREAK 2023, WHEN
SUCH SPECIAL EVENTS ARE PROMOTED ON SOCIAL MEDIA AND
SUBSTANTIALLY INCREASE AND/OR DISRUPT THE FLOW OF
TRAFFIC AND, CONSEQUENTLY,ADVERSELY IMPACT THE QUALITY
OF LIFE OF THE CITY'S RESIDENTS AND VISITORS.
WHEREAS, in the 2022 legislative session, the Florida Legislature passed and adopted
House Bill 1435 ("HB 1435"), which amended Florida Statute 316.3045, pertaining to the
excessively loud operation of sound-making devices in motor vehicles; and
WHEREAS, HB 1435 also created Florida Statute 316.1891 which authorizes the sheriff
or chief administrative officer of a county or municipality (for the City of Miami Beach, the City
Manager)to designate"special event zones" in response to certain"special events"that take place
(or are reasonably anticipated to take place) on roadways, streets, or highways; and
WHEREAS, a "special event" means an unpermitted, temporary activity or event that is
organized or promoted via a"social media platform," and which is attended by 50 or more persons
and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway;
and -
WHEREAS, a"special event zone" means a contiguous area on or along a roadway, street,
or highway which the City Manager designates by placing warning signs at each point of ingress
and egress to the "special event zone"; and
WHERAS, Fla. Stat. 316.1891 provides that any person who commits a noncriminal traffic
infraction in a "special event zone" must pay a fine double the amount otherwise required; and
WHEREAS, the Police Department would also be authorized, pursuant to Fla. Stat.
316.1891, to impound the motor vehicles of those persons who commit traffic infractions in any
"special event zone"; and
WHEREAS, if the City Manager designates a "special event zone," Fla. Stat. 316.1891
authorizes the City to recover from the promoter or organizer of a"special event"all relevant costs
and fees associated with designating and enforcing the "special event zone," including, but not
limited to, costs and fees for the provision of supplemental law enforcement,firefighter, emergency
medical technician or paramedic, and sanitation services; and
WHEREAS, although it has somewhat limited applicability, Fla. Stat. 316.1891 provides
the City with an additional mechanism to control unpermitted "special events" that are promoted
on social media and substantially increase and/or disrupt the flow of traffic.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby endorse the City Manager's
proactive utilization and implementation of the provisions of Florida Statute 316.1891, which
provides the Police Department with additional tools to contend with unpermitted special events
taking place on City streets and roadways during Spring Break 2023, when such special events
are promoted on social media and substantially increase and/or disrupt the flow of traffic and,
consequently, adversely impact the quality of life of the City's residents and visitors.
PASSED AND ADOPTED this ad- day of Rhruw , 2023.
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ATTEST:
FEB 2 4 2023 Dan Gelber, Mayor •
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney Dote
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: February 22, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ENDORSING THE CITY MANAGER'S
PROACTIVE UTILIZATION AND IMPLEMENTATION OF THE PROVISIONS
OF FLORIDA STATUTE 316.1891, WHICH PROVIDE THE POLICE
DEPARTMENT WITH ADDITIONAL TOOLS TO CONTEND WITH
UNPERMITTED SPECIAL EVENTS TAKING PLACE ON CITY STREETS
AND ROADWAYS DURING SPRING BREAK 2023, WHEN SUCH SPECIAL
EVENTS ARE PROMOTED ON SOCIAL MEDIA AND SUBSTANTIALLY
INCREASE AND/OR DISRUPT THE FLOW OF TRAFFIC AND,
CONSEQUENTLY, ADVERSELY IMPACT THE QUALITY OF LIFE OF THE
CITY'S RESIDENTS AND VISITORS.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the attached Resolution is submitted
for consideration by the Mayor and City Commission.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The City Administration should be prepared to address the fiscal impact of this proposed
measure, if any, at the February 22, 2023 City Commission Meeting.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize C.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Page 374 of 1109
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Resolution
Page 375 of 1109