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Resolution 2023-32557RESOLUTION NO. 2023-32557 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING, IN ADVANCE OF SPRING BREAK 2024, THE CITY MANAGER'S INTENT TO DECLARE A STATE OF EMERGENCY FOR THE AREA SOUTH OF DADE BOULEVARD/23RD STREET IN ACCORDANCE WITH CHAPTER 252 OF THE FLORIDA STATUTES, FOR A TOTAL POSSIBLE PERIOD UP TO THE STATUTORILY ALLOWABLE 42 DAYS IF AUTHORIZED BY THE MAYOR AND CITY COMMISSION AT THAT TIME, INCLUDING ANY DETERMINATION ON THE PART OF THE CITY MANAGER THAT THE IMPOSITION OF A CURFEW FOR LIMITED PERIODS IN MARCH OF 2024 IS NECESSARY TO PROVIDE FOR PUBLIC SAFETY AND ORDER IN THE CITY, IN PARTICULAR DURING THE PERIOD WHICH MAY POTENTIALLY INCLUDE MARCH 7, 2024 THROUGH MARCH 18, 2024 OR PORTIONS THEREOF, WHICH IS THE PERIOD THE CITY HAS HISTORICALLY EXPERIENCED THREATS TO PUBLIC SAFETY DUE TO EXCESSIVELY LARGE CROWDS AND LIFE -THREATENING VIOLENCE; AND FURTHER, DIRECTING THE ADMINISTRATION TO MAIL A COPY OF THIS RESOLUTION TO ALL ESTABLISHMENTS IN THE AFFECTED AREA, AND URGING ESTABLISHMENTS TO GOVERN THEMSELVES ACCORDINGLY, IN ANTICIPATION OF POTENTIAL CURFEWS IN MARCH, 2024. WHEREAS, the City of Miami Beach (the "City") is an internationally renowned tourist destination that is famous for its beautiful beaches, world -class shopping, entertainment, fine dining, and vast array of artistic and cultural events; and WHEREAS, in recent years, the City has seen an increasingly large number of visitors during the Spring Break period, which has posed significant challenges including, but not limited to, extreme traffic and congestion, and severe impacts to the City's Police, Fire, Sanitation, and Code Compliance services; and WHEREAS, many of the visitors to the City during high impact periods, such as Spring Break, are under the influence of alcoholic beverages and have demonstrated a blatant disregard for the rule of law; and WHEREAS, in 2021, unruly crowd control issues during Spring Break resulted in the imposition of emergency measures, including an 8:00 pm. curfew in the area between 5th Street and 16th Street, from Pennsylvania Avenue to Ocean Drive; and WHEREAS, in March 2022, the City also experienced massive crowds and several shootings in a concentrated tourist area over a period of a few days, resulting in the declaration of a state of emergency and imposition of a weekend midnight curfew for the last weekend of March, 2022, based upon the excessively large crowds and violence occurring on the [second and] third weekend of March, 2022; and WHEREAS, such 2022 incidents included the shooting of 5 different innocent pedestrians and created stampedes and mayhem in the public streets and rights -of -way; and WHEREAS, also in 2022, the Police Department and its law enforcement partners impounded one -hundred (100) firearms from February 18, 2022 — March 21, 2022, with approximately thirty-seven (37) of such firearms having been impounded during the third weekend in March spanning March 18 — 20; and WHEREAS, in March 2023, the City experienced multiple fights, shootings, and various other incidents and police calls for service —for example, for the period between February 27, 2023 and March 18, 2023, there were four (4) aggravated assault arrests, three (3) aggravated battery arrests, seven (7) robbery arrests, twenty (20) arrests for carrying a concealed firearm, thirty-seven (37) felony drug arrests, twelve (12) arrests for battery on a law enforcement officer, and eighty-two (82) arrests for other felonies; and WHEREAS, in addition, the Police Department and its law enforcement partners have impounded over seventy (70) firearms from February 27, 2023 — March 19, 2023; and WHEREAS, such March 2023 incidents include two (2) shootings that occurred the weekend of March 17t", which resulted in two (2) fatalities and injuries to others, and which also created stampedes that caused injuries to several people, including two (2) volunteer goodwill ambassadors, and all of which pose a danger to public safety and order in the public streets and rights -of -way; and WHEREAS, in response to each of the two (2) deadly shootings, officers were able to arrive on the scene within a matter of seconds, but nevertheless were unable to prevent the shootings (and were, themselves, endangered by their close proximity to the shootings); and WHEREAS, if each of the shootings had occurred only moments earlier or later, police officers in the area could have been caught in cross -fire; and WHEREAS, despite the vast and highly -visible police presence. in the City, criminals and their illegal behavior continued undeterred; and WHEREAS, there is a clear pattern of unreasonably large and uncontrollably unruly crowds, general mayhem, and violence (including deadly violence) that takes place in the City during every recent Spring Break season; and WHEREAS, the Mayor and City Commission desire for the City to be proactive in preventing mayhem, violence, and uncontrollably unruly crowds that have statistically occurred in the City every March Spring Break period; and WHEREAS, pursuant to Section 26-31 of the City Code, if the City Manager determines that there has been an act of violence or a flagrant and substantial defiance V of or resistance to'a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the City, the City Manager may declare that a state of emergency exists within the City's territorial jurisdiction; and WHEREAS, the City Manager is authorized, pursuant to Section 26-33 of the City Code, to order and promulgate any (or all) of those discretionary emergency measures set forth therein, in whole or in part, with such limitations and conditions as the City Manager may deem appropriate; and WHEREAS, pursuant to Section 26-35 of the City Code, the duration of such discretionary emergency measures is limited to a period of seventy-two (72) consecutive hours, unless an extension is authorized by the City Commission by duly enacted ordinance or resolution in a regular or special session; and WHEREAS, pursuant to Chapter 252 of the Florida Statutes and, more specifically, Florida Statutes 252.38 and 252.46, the City also has the power and authority to declare a local state of emergency and promulgate emergency orders to protect the health and safety of persons and property, and to make, amend and rescind such orders and rules as are necessary for such purposes; and WHEREAS, Florida Statute 252.38 also requires that any such emergency order enacted by the City, pursuant to Chapter 252, must be narrowly tailored to serve a compelling public health or safety purpose, and must also be limited in duration (of no more than 7 days, except that an emergency order may be extended by a majority vote of the governing body of the political subdivision, as necessary, in 7-day increments for a total duration of not more than 42 days), applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible; and WHEREAS, the Mayor and City Commission wish to endorse, in advance of Spring Break 2024, the City Manager's intent to issue a State of Emergency for the area south of Dade Boulevard/23rd Street, including a curfew, spanning the two busiest, high impact weekends (the second and third weekends of March) that the City has historically experienced during March Spring Break; and WHEREAS, the exact time and area of the curfew shall be professionally determined by the City Manager in consultation with the Chief of the Police Department and the City Attorney's Office; and WHEREAS, the Mayor and City Commission recognize that the City Manager has the authority and discretion, pursuant to Section 26 of the City Code and Chapter 252 of the Florida Statutes, to determine and impose measures as may be determined necessary for public welfare and safety; and M WHEREAS, this proactive endorsement is based on the clear factual record of the same issues with crowd control, arrests, and deadly violence that have occurred in the same geographic area and same time period for three consecutive years; and WHEREAS, the actual Declaration of Emergency for the specific period of March 2024 Spring Break shall be issued at a later date, in accordance with Section 26-31 of the City Code and Chapter 252 of the Florida Statutes; and WHEREAS, City staff shall take steps to send the notice of the City Manager's intent to declare a state of emergency during March 2024 Spring Break to all affected establishments as early as possible to give them the opportunity to prepare for the emergency measures. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby endorse, in advance of Spring Break 2024, the City Manager's intent to declare a state of emergency for the area south of Dade Boulevard/23rd Street in accordance with chapter 252 of the Florida Statutes, for a total possible period up to the statutorily allowable 42 days if authorized by the Mayor and City Commission at that time, including any determination on the part of the City Manager that the imposition of a curfew for limited periods in March of 2024 is necessary to provide for public safety and order in the City, in particular during the period which may potentially include March 7, 2024 through March 18, 2024 or portions thereof, which is the period the City has historically experienced threats to public safety due to excessively large crowds and life -threatening violence; and further, direct the Administration to mail a copy of this Resolution to all establishments in the affected area, and urge establishments to govern themselves accordingly, in anticipation of potential curfews in March, 2024. PASSED and ADOPTED this day of M'2"*64' , 2023. ATTEST: Dan Gelber, Mayor Rafael E. Gran do, Cil C16rk I (sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION INCDRP OKAYED y — /y — 23 .• �Oj ; t City Attomey Date 0 New Business and Commission Requests - R9 AD MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Alex Fernandez DATE: March 27, 2023 SUBJECT: DISCUSS/TAKE ACTION TO "END SPRING BREAK" BY, BUT NOT LIMITED TO, ADOPTING THE FOLLOWING MEASURES IN ADVANCE OF MARCH, 2024: ESTABLISHING A CURFEW; EARLY CLOSURE OF BUSINESSES; ROLLBACK OF ALCOHOL SALES; LIMITATIONS ON NON- RESIDENTIAL PARKING; CONTINUATION OF POSITIVE DAYTIME PROGRAMMING AND ACTIVATIONS; AND, ESTABLISHING A FENCED PERIMETER FOR OCEAN DRIVE AND LUMMUS PARK WITH CENTRALIZED ENTRY POINTS, SEARCHES. BACKGROUND/HISTORY AND FAA STYLE SECURITY In 2022, 1 sponsored and the City Commission adopted an ordinance to limit the sale of alcohol during Spring Break 2022. Subsequently, Miami -Dade Judge Beatrice Butchko struck down the ordinance. A few weeks later the City had to implement a State of Emergency, as it did in 2021 and now, once again, in 2023. The message must clearly resonate that Miami Beach does not welcome the lawlessness of "spring break." While the tragic events of this spring break are still fresh in our minds, the City Commission should consider and take action on the following safety measures for 2024 at our upcoming regular meeting scheduled for March 27: • Closing businesses earlier in the area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue during the second and third weekends in March. History indicates that these are our most troublesome weekends. • Rolling back alcohol sales citywide should be considered during the same weekends of March to control the tone of privately promoted activities for spring break beyond the geographical area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue. • Instituting curfews in advance of Spring Break's busiest weekends for 2024 to the fullest extent permitted by law. Page 1424 of 1565 Additionally, the City Commission should direct the City Administration to study and report back on the implementation of the following measures: - Establishing a fenced in gun free zone on Ocean Drive and Lummus Park with consolidated entry points with metal detectors by creating a fenced perimeter around the area west of the Beachwalk to Ocean Court. I would urge the City Administration to study the controlled perimeter of the Coconut Grove Arts Festival and the Ultra Music Festival. • Increasing and/or limit non-residential parking during spring break to make it further difficult for criminals to drive into Miami Beach. This must be coupled with enhanced parking enforcement in the surrounding residential areas. - Requesting additional support for law enforcement from Miami -Dade County, the State of Florida, and our other mutual aid partners to flood the area and side streets with highly visible police presence, strictly enforce open container and marijuana consumption, and protect our residential areas like Flamingo Park, West Avenue, South of Fifth, among others. Strictly enforcing traffic infractions and expanding DIU checkpoints in Miami Beach. While our nighttime is challenging, it should not take away from the enjoyment of daytime activities such as the artists & music that the Kiwanis brought to Art on the Drive, or the excitement of the worldwide AVP Volleyball Tournament happening on our beaches, or the other family -friendly activities such as the Miami Marlin's Family Fest concert that kicked off World Baseball Classic and the upcoming Miami Beach Fitness Festival. Now is the time to stop the lawless behavior. It is time to adopt the necessary measures that will shut the door on the criminals terrorizing our city at night. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Legislative Tracking. Commissioner Alex Fernandez Sponsor Co -sponsored Mayor Dan Gelber Does this item utilize G.O. Bond Funds? No Page 1425 of 1565 ATTACHMENTS: Description Memorandum from Commissioner Fernandez ❑ Memo from Ocean Drive Association ❑ Letter to Mr. Alexander I. Tachmes March 23, 2023 ❑ Email from SOBESafe.org ❑ Email from West Ave Neighborhood Association ❑ Letter from FOP ❑ Email from Twist South Beach o Miami Herald Editorial Letter from Boucher Brothers ❑ Letter from IAFF Local 1510 ❑ Resolution of the MidBeach Neighborhood Association (MBNA) in Favor of Shutting the Door on Spring Break ❑ SOFNA Resolution on March 27 Commission Agenda Items R9 AC and R9 AD Email from Michael W. Larkin - Summary of Washington Avenue Business Owners Meeting Page 1426 of 1565 woay�' iRCQR2. 0.4+iffk. i ALEX J. FERNANDEZ COMMISSIONER MEMORANDUM To: Honorable Mayor and Members of the Miami Date: Beach City Commission From: Alex J. Fernandez, ect: March 20, 2023 PROACTIVE SPRING BREAK MEASURES FOR 2024 Discuss / Take Action to "End Spring Break" by, but not limited to, adopting the following measures in advance of March, 2024: establishing a curfew; early closure of businesses; rollback of alcohol sales; limitations on non-residential parking; continuation of positive daytime programming & activations; and, establishing a fenced perimeter for Ocean Drive and Lummus Park with centralized entry points, and FAA style security searches. Background: In 2022, I sponsored and the City Commission adopted an ordinance to limit the sale of alcohol during Spring Break 2022. Subsequently, Miami -Dade Judge Beatrice Butchko struck down the ordinance. A few weeks later the City had to implement a State of Emergency, as it did in 2021 and now, once again, in 2023. The message must clearly resonate that Miami Beach does not welcome the lawlessness of "spring break." While the tragic events of this spring break are still fresh in our minds, the City Commission should consider and take action on the following safety measures for 2024 at our upcoming regular meeting scheduled for March 27: • Closing businesses earlier in the area south of 23'd Street along Ocean Drive, Collins Avenue, and Washington Avenue during the second and third weekends in March. History indicates that these are our most troublesome weekends. • Rolling back alcohol sales citywide should be considered during the same weekends of March to control the tone of privately promoted activities for spring break beyond the geographical area south of 23' Street along Ocean Drive, Collins Avenue, and Washington Avenue. • Instituting curfews in advance of Spring Break's busiest weekends for 2024 to the fullest extent permitted by law. Additionally, the City Commission should direct the City Administration to study and report back on the implementation of the following measures: • Establishing a fenced in gun free zone on Ocean Drive and Lummus Park with consolidated entry points with metal detectors by creating a fenced perimeter around the area west of the CITY OF MIAMI BEACH 1700 CONVENTION Cpff68 gjQjr,&It58,qEACH, FLORIDA 33139 30S.673.7106 I ALEX@MIAMIBEACHFL.GOV a ALEX J. FERNANDEZ COMMISSIONER Beachwalk to Ocean Court. I would urge the City Administration to study the controlled perimeter of the Coconut Grove Arts Festival and the Ultra Music Festival. • Increasing and/or limit non-residential parking during spring break to make it further difficult for criminals to drive into Miami Beach. This must be coupled with enhanced parking enforcement in the surrounding residential areas. • Requesting additional support for law enforcement from Miami -Dade County, the State of Florida, and our other mutual aide partners to flood the area and side streets with highly visible police presence, strictly enforce open container and marijuana consumption, and protect our residential areas like Flamingo Park, West Avenue, South of Fifth, among others. • Strictly enforcing traffic infractions and expanding DIU checkpoints in Miami Beach. While our nighttime is challenging, it should not take away from the enjoyment of daytime activities such as the artists & music that the Kiwanis brought to Art on the Drive, or the excitement of the worldwide AVP Volleyball Tournament happening on our beaches, or the other family -friendly activities such as the Miami Marlin's Family Fest concert that kicked off World Baseball Classic and the upcoming Miami Beach Fitness Festival. Now is the time to stop the lawless behavior. It is time to adopt the necessary measures that will shut the door on the criminals terrorizing our city at night. Thank you. CITY OF MIAMI BEACH 1700 CONVENTION Cpff6g gWI_Jl8,6fIfl"VEACH, FLORIDA 33139 305.673.7106 1 ALEX@ MIAMIBEACHFL.GOV F-77 ciation MEMORANDUM To: The Honorable Mayprf nd Commission From: Ceci Velasco, E ec i Director Date: March 23, 202 Re: March 2024 CMB Measures on behalf of the ODA The events of the past two weeks have been distressing to all of us. As the owners and operators of businesses on Ocean Drive, the challenges we have experienced hit particularly close to home. We also employ many 100's of individuals whose personal safety is our top priority. We note with particular emphasis our gratitude to members of the Miami Beach Police Department, Fire Department and all others involved in public safety who continued to protect us despite dangerous conditions in our streets. We salute all city employees who put in long hours responding to the challenges presented by the Spring Break period. We look forward to having a constructive dialogue about all aspects of the City's March planning in the weeks ahead, with special emphasis on approval and execution of activations impacting our immediate neighborhood. We want to commend those on the Commission who have stepped forward to make immediate recommendations about steps that should be considered for next year. Vice Mayor Meiner has put forward ideas that merit serious consideration. Commissioner Fernandez, in his Memorandum of March 20, 2023, preliminarily laid out three recommendations for the 2nd and 3rd weekends of Spring break 2024 worthy of our support: • Establishment of an administration defined Curfew • Rolling back of alcohol sales city-wide to minimize on street drinking • And if necessary, closing businesses earlier (which many Ocean Drive businesses did unilaterally when conditions on the street became unsafe.) We believe that there are other steps that must be taken to establish a better year-round environment and to prepare for a peaceful March 2024, including • Aggressively initiating additional efforts to curb drug sales, (everyday, 24/7 as this is not uniquely a Spring break issue) with a particular emphasis on consistent law enforcement presence on the west side of Ocean Drive and • Making plans to immediately improve lighting on all of Ocean Drive as part of a comprehensive effort to (i)reduce it as a comfortable location to engage in criminal behavior, (ii) improve public safety and yes(!) elevate the critical street appeal of the Art Deco District). Despite the challenges of the past two weeks, we have never been more optimistic,about the Art Deco Cultural District fulfilling its potential as the American Riviera. The Board of Directors, Ocean Drive Association March 23, 2023 cc: Alina Hudal, City Manager Rafael Granado, City Clerk Ocean Drive: The Destination for Hoggitafity4 Architecture Entertainment and the Arts age 14Z�J OT I Ob x2 Uiigii''' 4iC93F ��nrEC � ALEX J. FERNANDEZ COMM 155ION ER March 23, 2023 Mr. Alexander I. Tachmes, Partner Shutts & Bowen, LLP 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 ATachmes@shutts.com Dear Mr. Tachmes: This letter is to summarize our virtual meeting held on Wednesday, March 22, 2023, which you organized at my request with business stakeholders from Ocean Drive and/or their legal representative(s). Attendance for this meeting was excellent and included approximately 15 hotels, cafes and other businesses on Ocean Drive (1/3 of all the cafes on Ocean Drive). At the opening of the meeting I presented my proposals for the following: Instituting curfews in advance of Spring Break 2024 on the busiest weekend (traditionally the third weekend) for the area south of 23rd Street with a curfew time to be professionally determined by the City Administration and in consultation with the businesses. This would not be during Ultra/Miami Music Week. Closing businesses earlier in the area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue for certain periods in March with a closure time to be professionally determined by the City Administration and in consultation with the businesses. Rolling back alcohol sales citywide during the second and third weekends of March to control the tone of privately promoted activities for spring break beyond the geographical area south of 23rd Street. Establishing a fenced in gun free zone on Ocean Drive and Lummus Park privately organized by a special event producer with a sophisticated security plan similar to the Ultra Music Festival or Coconut Grove Arts Festival to include at minimum consolidated entry points with metal detectors and a fenced perimeter. The City will work with area businesses to minimize pedestrian and vehicular disruption. Following my presentation, each attendee was provided at least one opportunity to speak. Page 1430 of 1565 The participating business stakeholders did not raise opposition to my proposals except for one attendee who was not opposed to the concept but wanted more time to study. The stakeholders were particularly supportive of (a) announcing a curfew in advance - at Monday's City Commission meeting - for the third weekend in March; and, (b) establishing a controlled and secured fenced perimeter around Ocean Drive and Lummus Park by permitting a privately organized special event with a sophisticated security plan to include metal detectors. One business owner suggested closure of the causeways upon the city reaching capacity. In response to this constructive idea I have requested from the City Attorney legislation directing the City Administration to explore the viability of entering into a memorandum of understanding with the Florida Department of Transportation to provide the City Manager with advance authority to close any of the causeways leading into the City during the second and third weekends of Spring Break in March 2024, based upon certain capacity limits having been met and/or the occurrence of other established criteria. I appreciate the opportunity you provided to meet with the business stakeholders from Ocean Drive and look forward to future conversations. A copy of this letter will be submitted as a supplemental to agenda item R9AD. Thank you, 4�W Alex J. FernaPez Commissioner Page 1431 of 1565 Cardillo, Lilia From: Fernandez, Alex Sent: Thursday, March 23, 2023 12:28 PM To: Cardillo, Lilia; Granado, Rafael Cc: Salinas, Monica Subject: Fwd: Urgent Action is Needed to Prevent Future Spring Break Chaos Lilia, Could you please add this to item R9AD as a supplement? Thanks Alex Alex Fernandez, Commissioner City of Miami Beach Sent from my,iPhone From: SOBESafe <admin@sobesafe.org> Sent: Thursday, March 23, 2023 12:13:06 PM To: Fernandez, Alex <Alex@miamibeachfl.gov> Subject: Urgent Action is Needed to Prevent Future Spring Break Chaos [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS j ..�.. V SOUTfi Bf gcfi SOBESAFE.ORG On Monday, the Commission will be considering a motion by Commissioner Alex Fernandez to impose a curfew, business closures, and alcohol sales restrictions for subsequent Spring Breaks. SOBESafe sent to the Commissioners a letter today strongly endorsing this proposal, see below. We urge residents to contact the Commissioners before Monday in support of Commissioner Fernandez' plan. At the bottom of this message, you'll find both their email addresses and a sample text that you can include in your email. Ken Page 1432 of 1565 Will Our Elected Officials End the Spring Break Mayhem? We at SOBESafe are horrified by what has transpired in our neighborhood during Spring Break, and we are not alone. We have surveyed leaders of neighborhood associations surrounding us, and they are equally dismayed. There is near unanimity in our community that the mayhem of Spring Break must never be repeated again. But how do we stop the busiest weekends of Spring Break from destroying our community year after year? First, we commend Mayor Gelber, Commissioner Meiner, and Commissioner Fernandez for their leadership in addressing curfews and alcohol restrictions for the remainder of this Spring Break. Second, the time to address next Spring Break is now. The world is watching us, and we need to send a very clear message while their attention is on us, that next Spring Break will be entirely different. To that end, SOBESafe strongly urges the Commission to adopt on Monday the three - prong strategy proposed by Commissioner Fernandez: 1. Implement a curfew during the third weekend of March (the busiest weekend of Spring Break); 2. Close businesses in our neighborhood earlier during the second and third weekend of March; 3. Roll back retail sales of alcohol citywide during the second and third weekend of March. We also commend Commissioner Fernandez' approach of delegating to the professionals in the City's departments the task of setting the specifics of the geographical scope of the first two of these restrictions, and the days and hours that would be affected. These should not be determined through a political process, but rather through a data_driven analysis of when and where crowds start to form. There is only one goal to the first two of these restrictions: prevent by ordinance a crowd from forming in a specific location in our neighborhood that is so large that it cannot be controlled by our police. After the Commission addresses this three -prong strategy on Monday, we urge the Commission to address the rest of Commissioner Fernandez' proposals (as well as Commissioner Meiner's proposal) regarding gun control, limiting non-residential parking, bringing in additional police and enforcement of traffic laws. To this list we would add two more: a 365-days-per-year enforcement of drug laws, and better lighting in our neighborhood. Page 1433 of 1565 Not only is the world watching what we do next, via national and international media, but many citizens of Miami Beach will pay attention to what happens Monday. Does the Commission act definitively to prevent yet another tragic repeat of Spring Break in our neighborhood, or does it fail to act or seek to weaken Commissioner Fernandez' plan or delay action by referring it to committee? We don't want to point fingers on what each Commissioner has done or failed to do in the past. Everyone in our community bears some responsibility for failing to prevent the tragedies of the last three years. But we do plan to hold all the Commissioners accountable for what happens next. Who is for us now, and who is against us? And by "us" we feel very confident that our view here is shared by the overwhelming majority of the residents of Miami Beach. We are all outraged, and we demand that our leaders act decisively now, delegating to the professionals the details based on facts, not politics. While we encourage you to express your personal views. on Spring Break, feel free to use the provided sample language below: Dear Commissioners: I am dismayed by the tragedies that have occurred in this and past Spring Breaks. You need to take immediate action to ensure this does not happen again. I urge you to adopt on Monday Commissioner Fernandez' plan to impose a curfew, business closures and alcohol sales restrictions during future Spring Breaks. Email Addresses for the Mayor & Commission: DanGelber(d-miamibeachfl.gov Alex _miamibeachfi.gov David Richardson(a)-miamibeachfi.gov Kristen RosenGonzalez(a)-miamibeachfl.gov LauraDomingaez(a)miamibeachfl.gov RickyArriola(a),miamibeachfi.gov stevenmeinera-miamibeachfl.gov SOUTH MACH SOBESAFE.I7RG Page 1434 of 1565 Copyright (C) 2023 SOBESafe. All rights reserved. You are receiving this email because you opted in via our website. Our mailing address is: SOBESafe 1455 Ocean Drive Miami Beach, FL 33139 Add us to your address book Want to change how you receive these emails? You canuadate your areferencesorunsubscribe Page 1435 of 1565 Cardillo, Lilia From: Salinas, Monica Sent: Thursday, March 23, 2023 12:55 PM To: Cardillo, Lilia Cc: Fernandez, Alex; Granado, Rafael Subject: FW: WAvNA Supports Agenda Item R9 AD Spring break 2024 Hello Lilia, Can you please attach this to R9 AD? Thank you, Monica Matteo-Salinas Aide to Commissioner Alex Fernandez MonicaSalinas@miamibeachfl.gov Office of the Mayor and Commission 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7030 x 26083; C: 786-494-0317 www.miamibeachfl.sov Lobbyists must register here prior to a meeting. From: TIMOTHY CARR <timpcarr@aol.com> Sent: Thursday, March 23, 2023 12:50 PM To: Fernandez, Alex <Alex@miamibeachfl.gov>; Salinas, Monica <MonicaSalinas@miamibeachfl.gov> Subject: WAvNA Supports Agenda Item R9 AD Spring break 2024 ( THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS I Dear Commissioner Fernandez, WAvNA (West Ave Neighborhood Association) supports your Commissioner Agenda Item R9AD. We feel strongly for the safety of our residents, tourists, and cities image that we enforce the following items listed below. Together as a city we can send a strong message lawless behavior will not be tolerated Closing businesses earlier in the area south of 23`d Street along Ocean Drive, Collins Avenue, and Washington Avenue during the second and third weekends in March. History indicates that these are our most troublesome weekends. Rolling back alcohol sales citywide should be considered during the same weekends of March to control the tone of privately promoted activities for spring break beyond the geographical area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue. Page 1436 of 1565 Instituting curfews in advance of Spring Break's busiest weekends for 2024 to the fullest extent permitted by law. Establishing a fenced in gun free zone on Ocean Drive and Lummus Park with consolidated entry points with metal detectors by creating a fenced perimeter around the area west of the Beachwalk to Ocean Court. I would urge the City Administration to study the controlled perimeter of the Coconut Grove Arts Festival and the Ultra Music Festival. Increasing and/or limit non-residential parking during spring break to make it further difficult for criminals to drive into Miami Beach. This must be coupled with enhanced parking enforcement in the surrounding residential areas. Close municipal parking garages after 6PM and/or charge $100 to offset our costs for enforcement. Significant fines for lude/lawless behavior. Such as twirking in the streets, on cars, etc. Requesting additional support for law enforcement from Miami -Dade County, the State of Florida, and our other mutual aid partners to flood the area and side streets with highly visible police presence, strictly enforce open container and marijuana consumption, and protect our residential areas like Flamingo Park, West Avenue, South of Fifth, among others. Strictly enforcing traffic infractions and expanding DIU checkpoints in Miami Beach. We should continue to attract large health/wellness/fitness conferences during this period to crowd out the troublemakers. Now is our time to adopt strong Springbreak measures. that will shut the door on the criminals terrorizing our city at night & focus on innovative/positive activation in its place. Regards, Tim Carr WAvNA Board Page 1437 of 1565 President Bobby Hernandez Is' Vice President Reginald Lester 2"d Vice President Phillip Elmore Secretary Alejandro Bello Treasurer Florida State Inner Guard Samuel Azicri Sergeant At Arms Charles Weiss Inner Guard Hector Fernandez Outer Guard Eduardo Garcia Chaplain Christopher Mitchell Trustees Noel Castillo Javier Fernandez Daniel Molina FRATERNAL ORDER OF POLICE William Nichols Lodge #8 999 Eleventh Street, Miami Beach FL 33139 Telephone: (305) 534-2775 • Fax: (305) 534-5901 miamibeachFOP.org March 22, 2023 Dear Commissioner Fernandez. As you know, this last weekend was a violent one in the ADCD. Two shootings, multiple stampedes, fights, 70 plus firearms confiscated and a family whose car was trapped in the middle. As President of the Miami Beach Fraternal Order of Police, I can no longer accept what is going on in our City. Our Police Officers heroically ran towards the gunfire, secured the scene and started CPRwithout hesitation. They also quickly apprehended both subjects and secured multiple firearms. This "warzone" atmosphere resulted in an emergency declaration, to include a midnight curfew by the City Manager. The curfew proved effective and created a safer environment for all. The Union would like to request a 12am curfew for Spring Break and Memorial Day in. 2024. This should be well announced to give business owners and service workers ample time to adjust. We also request the City assist service workers with any financial hardship that this may cause them. It's just a matter of time before one of them get caught up in the crossfire. They are being forced to be in an extremely violent environment to support their families. Grievance Committee In closing, I would like to thank you for attempting to get the curfew Javier Fernandez Phillip Elmore for this upcoming weekend. I also understand why there was some Daniel Molina opposition to this last minute decision and it did not pass. I will be sharing several proven operational plans, besides the curfew, that have worked for Memorial Day in the past and will work for Spring Break at the next Commission meeting. Respectfully, President Bobby Hernandez Page 1438 of 1565 From: Fernandez, Alex To: Cardillo, Lilia; Granado, Rafael; Salinas, Monica Subject: Fwd: Curfew 2024 Date: Thursday, March 23, 2023 5:28:55 PM Please add the below email to the supplemental materials for R9AD. Alex Fernandez, Commissioner City of Miami Beach Sent from my iPhone From: Joel Stedman <joelsted@aol.com> Sent: Thursday, March 23, 2023 5:21:11 PM To: Fernandez, Alex <Alex@miamibeachfl.gov> Subject: Curfew 2024 [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS Dear Commissioner Alex Fernandez, I would support a curfew to be placed on the third weekend of March, Friday and Saturday 2024. This will allow us to plan accordingly in advance. Sincerely, Joel Stedman Twist South Beach Page 1439 of 1565 MIAMI HERALD EDITORIAL Why aren't curfew holdouts on Miami Beach sick and tired of being held hostage by spring break? ALIE SKOWRONSKI ASKOWRONSKI@MIAMIHERALD.COM A man sits on a ground handcuffed Sunday night after witnesses say he had a knife. The detention came after a pair of deadly shootings over the weekend rocked this year's spring break on Miami Beach. Here we go again. Miami Beach is entering the third and jam-packed weekend of spring break with few additional tools to prevent the unchecked rowdiness and violence that have marred the annual, increasingly unwelcome event stretching across South Beach. This quandary follows last weekend when two people were killed, one a college student from Georgia. The murders, one captured in a security video, have made headlines worldwide. And this is Miami Music Week, which features Ultra Music Festival in Miami's Bayfront Park and other events throughout South Florida, including Miami Beach. Page 1440 of 1565 In preparation, a divided Miami Beach City Commission, disappointingly, voted 4-3 on Monday not to re -impose a midnight curfew as City Manager Alina Hudak wisely had done last weekend following the fatal shootings. This vote was a dereliction of the commissioners' duty to keep everyone as safe a possible within city limits. We agree with Miami Beach Mayor Dan Gelber, police Chief Richard Clements and Hudak that it's time to shut down the partying, or at least stifle it as much as possible. They recommended the city enter the weekend with a midnight-to-6 a.m. curfew. Commissioners bent a bit, voting 6-1 to. support the ban on alcohol sales for off -premises consumption in South Beach after 6 p.m. That includes package liquor stores and any other stores that sell alcohol. But that vote is being challenged by a liquor -store owner, who says he and other merchants like him are being singled out. He has a point. In addition, Ocean Drive will be open, to traffic, which will impede gatherings along the stretch. And the city has announced two drunk -driving checkpoints throughout the city. Fine, however, these should not turn into a blanket stop -and -frisk tactic. We hope the commission's decision to forgo a curfew doesn't come back to bite with more deadly violence. The commissioners who sided with nightclubs, Kristen Rosen Gonzalez, Ricky Arriola, David Richardson and Laura Dominguez, should hope everything goes well this weekend. Their rationale: It's not expected to be so busy as predicted. They contend that it's a knee-jerk reaction to respond with a business -crippling curfew; party -goers this weekend should not be punished for the deeds of partygoers last weekend;'the murders appeared to be the result of personal beefs — as if we should find comfort in that — not random shootings. But in a shoulder -to -shoulder crowd, people were lucky there were no more fatalities. But the real reason to maintain the status quo was, why should businesses on South Beach — mainly bars and nightclubs — be financially impacted when they have been waiting, all year for this boon? They took a hit last year under a midnight curfew, also prompted by violence. Vice Mayor Steve Meiner and Commissioner Alex Fernandez, along with the mayor, voted for the curfew, which successfully curtailed street partying over the weekend. Fernandez is tired of thesameold"We can't controls rin break" refrain. "Upon consuitini? w.our' citv;manader 'and' city attornev;"I. stton0v feeLthe city must announce that,. Page 1441 of 1565 f�(o;r'the historically violent third weekend of —Marc h;":Fetnandez,told'th EEditorial. Board. �He also wants to bring metaI'detectors and a fenced -in perimeter into the equation for_ springbreak 2024. He says�h�has •the backing of club and 'bar owners, Fernandersays he will:place aaresolution on the agerida_directing citSr administration to find such a� (private partner fo stage ,a ticketed, fenced in event'==with security; a la Ultra; Fernandez has a solid idea here. We' commend GelberHudak, Meiner and Fernandez for trying their best in an impossible situation.._ {Bfor next year; there;m ut:ust be radical changes.made to the spring break` and they should be (announced well ahead of time before people make. their hotel.reservations. Spring break 2024 on Miami Beach should usher in a. new day, as many have said. Enough is enough. Page 1442 of 1565 BOUCHER BROTHERS March 24, 2023 Commissioner Alex Fernandez City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 Dear Commissioner Fernandez, The Boucher Brothers submit this letter in strong support of your, proposed resolution. My brother's and I read your initiative on Spring Break in Miami Beach we are onboard with implementing change to keep our city safe. Sincerely, 5&"-WI 4�?&Zec Pit. Steven Boucher Vice President, Boucher Brothers 1461 Ocean Drive, Suite 205, Miami Page 31 of3%535.8177. www.boucherbrothers.com March 24, 2023 Dear Honorable Mayor and Commission, The Firefighters of Miami Beach are in complete and 100% support of the proposed changes for the 2024 Spring Break and Memorial Day Weekend. We specifically support commission item R9AD sponsored by Commissioner Alex Fernandez. This would include, but not limited to the following suggestions: - a curfew - ticketed private partner staged event with security - strategically placed security checkpoints located in the entertainment district. We are asking this support for the Firefighters of Miami Beach that put their lives on the line during these high impact weekends and are running into unknown high crisis situations. Thank you, Adonis Garcia IAFF Local 1510 President Page 1444 of 1565 A RESOLUTION OF THE MIDBEACH NEIGHBORHOOD ASSOCIATION (MBNA) IN FAVOR OF SHUTTING THE DOOR ON SPRING BREAK WHEREAS, the MidBeach Neighborhood Association (MBNA) represents more than sixty-four (64) condominiums and hotels and more than twelve -thousand (12,000) units within the geographical boundaries of the City of Miami Beach from Collins Avenue and Indian Creek Drive from 24th Street through 63d Street; and WHEREAS, this resolution is specific to the temporary measures for Spring Break 2024 Miami Beach that abut the MidBeach neighborhood; and WHEREAS, MBNA member properties are aware of the Spring Break unruly and criminal behavior and are deeply concerned with the citywide impacts; and WHEREAS, closing businesses earlier in the area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue during the second and third weekends in March would prevent late night chaotic gatherings; and WHEREAS, rolling back late night alcohol sales citywide should be considered during the same weekends of March to control the tone of privately promoted activities for spring break beyond the geographical area south of 23rd Street along Ocean Drive, Collins Avenue, and Washington Avenue; and WHEREAS, instituting curfews in advance of Spring Break's busiest weekends for 2024 to the fullest extent permitted by law would inform visitors in advance of their entry into the city; and WHEREAS, establishing a fenced in gun free zone on Ocean Drive and Lummus Park with consolidated entry points with metal detectors by creating a fenced perimeter around the area west of the Beachwalk to Ocean Court would provide safe environments similar to Coconut Grove Arts Festival and the Ultra Music Festival; and WHEREAS, the Beachwalk that connects South to North Miami Beach should be considered to be included in the gun free zones during high -impact weeks; and WHEREAS, increasing and/or limiting non-residential parking during spring break should be considered in collaboration with law enforcement; and WHEREAS, requesting additional support for law enforcement from Miami -Dade County, the State of Florida, and our other mutual aide partners to flood the area and side streets with highly visible police presence, strictly enforce open container and marijuana consumption, and protect our Page 1445 of 1565 residential areas like Flamingo Park, West Avenue, South of Fifth, among others; and WHEREAS, Strictly enforcing traffic infractions and expanding DIU checkpoints in Miami Beach; and WHEREAS, MBNA urges the City of Miami Beach Mayor and Commissioners for the betterment of the entire City to fully support the temporary measures outlined above for 2024 Spring Break. APPROVED AS TO FORM AND CORRECTNESS: Anamarie Ferreira de Mello, President �/ (,JWV I VN �—DNI'tnYDeharah Lak , c US, LakeDeborah �'t �y„emaild`eboreh.lake@sunbelttl0e. LO koi2i o. gym, �--Date: 2023.03.24 77:45:15-04'00' Deborah Lake, Vice-President/Secretary Joined by MBNA Executive Board Members: Justin Jacobs, Treasurer - Caribbean Condominium Alicia A. Casanova - Green Diamond Condominium Esteban Porcelli - King David Tower Michele Redlich - Fontainebleau Hotel & Residences Oscar Vazquez - Atlantis Club Condominium Jose Flores - The Miami Beach EDITION Dated this 24th day of March, 2023 Page 1446 of 1565 From: Fernandez. Alex To: Granado. Rafael; Cardillo. Lilia; Salinas. Monica Subject: Fwd: SOFNA Resolution on March 27 Commission Agenda Items 119AC and R9AD (Spring Break) Date: Saturday, March 25, 2023 8:43:16 AM Good morning. I'd like to make sure this is include as a supplement to R9AD. Alex Fernandez, Commissioner City of Miami Beach Sent from my iPhone From: Ronald Starkman <rpstarkman@gmail.com> Sent: Saturday, March 25, 2023 8:31:06 AM To: Gelber, Dan <DanGelber@miamibeachfl.gov>; Meiner, Steven <StevenMeiner@miamibeachfl.gov>; Fernandez, Alex <Alex@miamibeachfl.gov>; Rosen Gonzalez, Kristen <Kristen@miamibeachfl.gov>; Dominguez, Laura <Laura@miamibeachfl.gov>; Richardson, David <DavidRichardson@miamibeachfl.gov>; Arriola, Ricky <RickyArriola@miamibeachfl.gov> Cc: Hudak, Alina <AlinaHudak@miamibeachfl.gov>; Clements, Rick <RickClements@miamibeachfl.gov>; Paz, Rafael <RafaelPaz@miamibeachfl.gov>; Herman Aly S. <alysherman@aol.com>; Keith Marks <kmarks@bhsusa.com>; Jordy Levy <jordan@seedcp.com>; John Caprio <johncaprio25@gmail.com>; David Podein <dpodein@gmail.com> Subject: SOFNA Resolution on March 27 Commission Agenda Items R9AC and R9AD (Spring Break) [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS Dear Mayor and Commissioners: At a South of FIfth Neighborhood Association (SOFNA) public meeting held on March 24th, Commissioners Alex Fernandez and Steven Meiner separately presented their plans to address the threats to public safety and lawlessness that descends upon our city every year during Spring. Break. Based on feedback from South of Fifth Residents, and a lengthy board discussion, we would like to go on record as fully supporting initiatives to announce curfews well in advance of the specific days when crowds historically have been too large for law enforcement to properly protect life and property. In addition, we think it is worthwhile to explore the idea of creating a ticketed event, with a secured perimeter, however, the SOFNA board would like to be included in the planning process for such an event to ensure that it would not result in the "party" spilling over to the South of Fifth neighborhood. Sincerely, SOFNA Board of Directors Alyson Herman -- President Keith Marks -- VIce President Jordan Levy -- Treasurer Page 1447 of 1565 Ronald Starkman -- Secretary John Caprio -- Director David Podein -- Director Q Virus-free.www.ava.com Page 1448 of 1565 Granado, Rafael From: Fernandez, Alex Sent: Saturday, March 25, 2023 3:00 PM To: Granado, Rafael; Cardillo, Lilia; Salinas, Monica Subject: Fwd: 3/24 Meeting with Washington Avenue Business Owners Hi, please include the below email chain as part of the supplemental materials for item R9AD. It summarizes my meeting with Washington Avenue business owners and/or their representatives including: • Michael Larkin • Troy Wright, Washington Avenue Business Improvement District • Andrew Resnick • Mathieu Massa, Queen/Paris Theater • Vand Yacoubian, Washington Park Hotel • Goodtime Hotel • Moxy • Anglers • Twist Alex Fernandez, Commissioner City of Miami Beach Sent from my Whone From: Michael W. Larkin <MLarkin@brzoninglaw.com> Sent: Saturday, March 25, 2023 2:47 PM To: Fernandez, Alex <Alex@miamibeachfl.gov> Subject: RE: 3/24 Meeting with Washington Avenue Business Owners [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION VVHEN REPLYING AND OPENING LINES OR ATTACHMENTS I The overwhelming majority of participants agreed with the concept of imposing a curfew during the third weekend in March is the appropriate thing to do in order to put an end to this violent weekend. N BERCOW NN RADELL N FERNANDEZ N LARKIN + TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Michael W. Larkin Bercow Radell Fernandez Larkin + Tapanes 200 S. Biscayne Boulevard, Suite 300, Miami, FL 33131 MLarkin@brzoninglaw.com I www.brzoninglaw.com 0: (305) 377 6231 1 F: (305) 377 6222 1 M: (305) 505 0526 vCard Biography The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are Page 14149 of 1565 hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300. From: Fernandez, Alex <Alex@miamibeachfl.gov> Sent: Saturday, March 25, 2023 2:41 PM To: Michael W. Larkin <MLarkin@brzoninglaw.com> Subject: Re: 3/24 Meeting with Washington Avenue Business Owners Did the Washington Avenue business stakeholders oppose any potential action by the city commission at Monday's meeting that would proactively endorse a curfew for the problematic, violent, and deadly third weekend in March 2024 with a time to be professionally determined by the City Manager in consultation with the businesses? Alex Fernandez, Commissioner City of Miami Beach Sent from my iPhone From: Michael W. Larkin <MLarkin@brzoninglaw.com> Sent: Saturday, March 25, 2023 2:34:02 PM To: Fernandez, Alex <Alex@miamibeachfi.gov> Subject: 3/24 Meeting with Washington Avenue Business Owners f THIS MESSAGE CONIES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS ] Yesterday afternoon Commissioner Fernandez met with multiple business owners along Washington Avenue to discuss his Spring Break Action Plan for March 2024. There was uniform support for converting Ocean Drive and Lummus Park to a secure compound. There was also uniform support for bringing an event that will encompass the entire area. There was some concern voiced over a potential curfew. However, one business owner stated that the ad hoc approach for which they have no warning is more damaging, leading to multiple reservation cancellations and driving down the daily room rate. The fear of a possible curfew is worse than not knowing in advance, no opportunity to plan for it. While the business owners acknowledged that a curfew may harm their profitability for the third weekend in March, they all agreed that if we have another Spring Break next year like we are experiencing right now it will substantially harm our brand which in turn will have a far greater impact on their profitability. -N'\ 1 N BERCOW N RADELL N FERNANDEZ N LARKIN TAPANES ZONING, LAND USE AND ENVIRONMENTAL LAW Michael W. Larkin Bercow Radell Fernandez Larkin + Tapanes 200 S. Biscayne Boulevard, Suite 300, Miami, FL 33131 MLarkin@brzoninglaw.com I www.brzoninglaw.com 0: (305) 377 62311 F: (30S) 377 6222 1 M: (305) 50S 0526 vCard Biography The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this communication in error, or if any problems occur with transmission, please immediately notihj us by telephone (305) 374-5300. Page 1450 of 1565