Declaration of A state of Emergency and Emergency Measures Spring Break 2022 2U 22-320ci`A
DocuSign Envelope ID: 147CF39D-DAAC-4BA8-BB8F-C49A4520141D
CITY OF MIAMI BEACH
DECLARATION OF A STATE OF EMERGENCY AND EMERGENCY MEASURES
SPRING BREAK 2022— DANGEROUS CRIMINAL CONDUCT, PUBLIC DISORDER, AND
UNRULY CROWD CONTROL
(E.O. NO. 2022-01-SB)
EFFECTIVE THURSDAY, MARCH 24, 2022
WHEREAS, the City of Miami Beach is a small barrier island nestled between Biscayne Bay (on
the west) and the Atlantic Ocean (on the east); and
WHEREAS, the City only has approximately 90,000 residents and fifteen (15) square miles of
land within its territorial jurisdiction; and
WHEREAS, nonetheless, the City of Miami Beach 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, however, in recent years, the City (which has a limited capacity for ingress and
egress) has seen a tremendous 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, in 2021, similar unruly crowd control issues during Spring Break resulted in the
imposition of emergency measures, including an 8:00 p.m. curfew in the area between 5th Street and
16' Street, from Pennsylvania Avenue to Ocean Drive, while the remainder of the entire City was
subject to a Miami-Dade County midnight (12:00 a.m.) curfew; and
WHEREAS, during this Spring Break period, this City has seen massive crowds, including this
past weekend (March 18 — 20), which crowds have been beyond the capacity of the City and its law
enforcement partners to control, and the City anticipates such crowds will continue based upon the
Spring Break schedule of colleges and universities; 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, there have been multiple fights, shootings, armed robberies, reports of shots fired,
and various other incidents and police calls for service; and
WHEREAS, such incidents include two (2)shootings that occurred just this past weekend, each
after 12:00 a.m. (on March 20, 2022 and March 21, 2022, respectively), which resulted in the shooting
of 5 different innocent pedestrians and created stampedes and mayhem in the public streets and rights-
of-way; and
WHEREAS, despite the vast and highly-visible police officer presence in the City, criminals and
their illegal behavior continue undeterred, as one (1) of those shootings even took place within feet of
a police officer who had to take cover behind a police vehicle for safety; and
DocuSign Envelope ID: 147CF39D-DAAC-4BA8-BB8F-C49A4520141D
Declaration of a State of Emergency
Spring Break 2022 — Dangerous Criminal Conduct, Public Disorder, and Unruly Crowd Control
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WHEREAS, the City's police officers have been faced with unruly crowds and dangerous
situations, and have been working twelve (12)to fourteen (14) hour shifts and up to six (6) days a week
during the pendency of Spring Break, resulting in the Miami Beach Fraternal Order of Police stating that
the City's police officers are exhausted and calling on the City to provide for their safety by ending the
mayhem; and
WHEREAS, nine(9)separate police officers have been injured in the performance of their duties
during this year's Spring Break period; and
WHEREAS, the police have responded to at least six (6) incidents concerning shots fired,
including one such incident that took place in a residential neighborhood located in the western portion
of the City, in which ten (10) spent shell casings were located, and projectiles were found to have
pierced through a vehicle and a second floor residential bedroom window; and
WHEREAS, the Police Department and its law enforcement partners have impounded one-
hundred (100)firearms from February 18, 2022 —March 21, 2022, with approximately thirty-seven (37)
of such firearms having been impounded on Friday, Saturday, and Sunday (March 18 —20); and
WHEREAS, these armed robberies, brawls, and various other transgressions and illegal acts
that have taken place have resulted in numerous injuries to police officers and civilians, and caused
extensive property damage (to both public and private property); and
WHEREAS, in response to the illegal and unruly behavior exhibited by these large crowds during
Spring Break 2022, and in order to provide for the health and safety of persons and property, the City
deployed 371 law enforcement officers this past weekend, which included the assistance of police
officers from various law enforcement agencies, such as the Miami-Dade County Police Department
(43 uniformed officers this past weekend)and approximately 60 uniformed police officers from the Multi-
Agency Gang Task Force ("MAGTF") (including law enforcement officers from the Miami-Dade County
Police Department, the Miami Gardens Police Department, the Aventura Police Department, the Florida
City Police Department, the Homestead Police Department, along with ATF agents), in an attempt to
control the unruly crowds and maintain some semblance of law and order in the City; and
WHEREAS, the City's Police Department and its law enforcement partners have effectuated
618 arrests from February 18, 2022 through March 20, 2022; and
WHEREAS, the overwhelming majority of these incidents and arrests have taken place in the
area bounded by 23rd Street and Dade Boulevard on the north, Government Cut on the south, Biscayne
Bay on the west, and the Atlantic Ocean on the east; and
WHEREAS, regrettably, some of these disturbing incidents and arrests in the above-referenced
area have garnered attention (including national attention) from various news outlets and media; and
WHEREAS, the City's Police and Fire Departments have notified the City Administration that
the sheer volume and level of crowds have made it extremely difficult for Police and Fire emergency
vehicles to get through portions of the area in order to adequately protect the health, safety and welfare
of the public; and
WHEREAS, these crowds of people have taken over City streets, sidewalks, and rights-of-way,
and have refused to obey lawful orders of law enforcement officers to refrain from obstructing the rights-
of-way; and
DocuSign Envelope ID: 147CF39D-DAAC-4BA8-BB8F-C49A4520141D
Declaration of a State of Emergency
Spring Break 2022— Dangerous Criminal Conduct, Public Disorder, and Unruly Crowd Control
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WHEREAS, these crowds of unruly revelers have even gone so far as to block the road,
surround a police vehicle, and force it to retreat in reverse from the crowd that had intentionally
surrounded it to block its path; and
WHEREAS, the sale and distribution of alcoholic beverages for off-premises consumption fuels
the reckless and illegal behavior exhibited by the throngs of unruly crowds on the City's streets,
sidewalks, and rights-of-way, increases the number of individuals drinking and driving, and greatly
exacerbates crowd control issues during Spring Break; and
WHEREAS, many of the unruly revelers in the City during this Spring Break period are lodging
in illegal short-term rentals ("STR") in the area south of 23rd Street and Dade Boulevard, as evidenced
by the 46 calls for service involving short-term rentals in this area resulting in 17 issued STR violations
involving illegal STRs in the area and there is a legitimate concern that unruly revelers forced to vacate
the Ocean Drive area may migrate to their STRs in the South Beach residential neighborhoods and
commence illegal house parties in this area, disturbing the peace and tranquility of those
neighborhoods, therefore requiring those neighborhoods to be included in the emergency curfew zone;
and
WHEREAS, it is the necessary and the most narrowly-tailored approach to include the entire
South Beach area (south of 23' Street and Dade Boulevard) in the emergency curfew area in order to
prevent the migration of massive crowds from the Ocean Drive area into the surrounding residential
areas, which contain many large parks (Lummus Park, Flamingo Park, and South Pointe Park) and
open-space corridors (such as Lincoln Road)where crowds of unruly revelers could easily congregate
and create mayhem if forced to leave the Ocean Drive area but allowed to otherwise remain in the area;
and
WHEREAS, the City has broad authority pursuant to its inherent police powers, and "cases have
consistently held that it is a proper exercise of police power to respond to emergency situations with
temporary curfews that might curtail the movement of persons who would otherwise enjoy freedom from
restriction." See, 7020 Entertainment, LLC v. Miami-Dade County, Court Case No. 20-25138, U.S.
District Court for the Southern District of Florida (citing Smith v.Avino, 91 F.3d 105, 109(11'h Cir. 1996));
and
WHEREAS, in Smith, the Court also held that, "governing authorities must be granted the proper
deference and wide latitude necessary for dealing with the emergency." Id.; 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 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 has determined that, based upon the preceding recitals and
pursuant to Section 26-31 of the City Code, a State of Emergency exists in the City; 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
DocuSign Envelope ID: 147CF39D-DAAC-4BA8-BB8F-C49A4520141D
Declaration of a State of Emergency
Spring Break 2022 — Dangerous Criminal Conduct, Public Disorder, and Unruly Crowd Control
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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), applicability, and scope
in order to reduce any infringement on individual rights or liberties to the greatest extent possible.
NOW,THEREFORE, I, ALINA T. HUDAK, as City Manager for the City of Miami Beach, Florida,
pursuant to the authority vested in me pursuant to Sections 26-31 through 26-36 of the City of Miami
Beach Code of Laws and Ordinances (the "City Code") and Chapter 252 of the Florida Statutes, have
determined that there is reason to believe that there exists a continuing clear and present danger of
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 of Miami Beach.
In order to avert such clear and present dangers, and in order to mitigate dangerous and illegal
conduct, to maintain control of unruly crowds, and to protect the public health, safety and welfare of
the residents and visitors of the City of Miami Beach, I take this emergency action in good faith, which
I deem to be necessary and narrowly tailored to serve a compelling public health and safety purpose
that is properly limited in duration, applicability, and scope in order to reduce any infringement on
individual rights or liberties to the greatest extent possible.
Accordingly, I hereby declare a State of Emergency in the City, pursuant to Sections
26-31 through 26-36 of the City Code and Chapter 252 of the Florida Statutes, and order the
following emergency measures, which are narrowly tailored, reasonable in duration,
applicability and scope, and necessarily implemented in response to this declared State of
Emergency, and shall be effective on Thursday, March 24, 2022 at Noon, and shall continue in
full force and effect until Monday, March 28, 2022 at 6:00 a.m., as extended by the Mayor and
City Commission at its March 22, 2022 Special Commission Meeting.
• Effective each night, from 11:59 p.m. through 6:00 a.m., a curfew shall be imposed for that
area of the City bounded by 23rd Street and Dade Boulevard on the north (including properties
fronting the north side of 23' Street or Dade Boulevard), Government Cut on the south,
Biscayne Bay on the west, and the Atlantic Ocean on the east(the"Curfew Area"). Businesses
within the Curfew Area shall close sufficiently in advance of the curfew in order to permit
patrons to avoid violating the curfew.
• Notwithstanding the foregoing, businesses shall be permitted to continue to operate from
11:59 p.m. —6:00 a.m. for delivery services only, and all City residents requiring access to or
from their homes, guests requiring access to or from their hotels, and employees of business
DocuSign Envelope ID: 147CF39D-DAAC-4BA8-BB8F-C49A4520141D
Declaration of a State of Emergency
Spring Break 2022 — Dangerous Criminal Conduct, Public Disorder, and Unruly Crowd Control
Page 5 of 5
establishments requiring access, including business deliveries, shall be permitted. Pursuant
to Section 26-33(a)(1) of the City Code and Florida Statute §252.46(4), the curfew shall not
apply to the provision of designated essential services, such as fire, police, and hospital
services, including the transportation of patients thereto, utility emergency repairs, and
emergency calls by physicians, and the curfew shall also not apply to persons traveling to their
places of employment to report for work and to return to their residences after their work has
concluded.
• The sale or distribution of any alcoholic beverage(s) for off-premises consumption, with or
without payment or consideration therefor, shall be prohibited in the curfew area after 6:00 p.m.
on Thursday (March 24th), Friday (March 25th), and Saturday (March 26th), pursuant to Section
26-33(a)(2) of the City Code.
If any section, sentence, clause, portion, or phrase of this Declaration of a State of Emergency
and Emergency Measures is held to be invalid or unconstitutional by any court of competent jurisdiction,
then said ruling shall in no way affect the validity of the remaining portion(s) of these Emergency
Measures.
THE EMERGENCY MEASURE(S) SET FORTH HEREIN SHALL BE EFFECTIVE ON
THURSDAY, MARCH 24, 2022 AT NOON, AND SHALL CONTINUE THEREAFTER THROUGH
MONDAY, MARCH 28, 2022 AT 6:00 A.M.
Any violation of these Emergency Measure(s) shall subject the violator(s) to arrest and
criminal prosecution pursuant to Sections 26-36 and 1-14 of the City Code, or Florida Statutes
§252.47 and §252.50.
CITY OF MIAMI BEACH, FLORIDA
DocuSigned by'
L (AtAA
All 'dz 3t'u'd k, City Manager
Date:3/23/2022 1 10:43 AM EDT
Time:
ATTEST:
DocuSigned by:
I!a.fatt GVa�a�o
a `aer . 'ranado, City Clerk
MIAMI BEACH
City o1 Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139
OFFICE OF THE CITY CLERK
Rafael E.Granado,City Clerk
Telephone:305.673.7411
Email:RafaelGranadoOmiamibeachfl,gov
March 23, 2022
Kevin Guthrie, Director
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Miami Beach Declaration of a State of Emergency and Emergency Measures Spring Break
2022 — Dangerous Criminal Conduct, Public Disorder, and Unruly Crowd Control (E.O. No.
2022-01-SB)
Dear Mr. Guthrie:
As set forth in Fla. Stat. 252.46(3), The City of Miami Beach must provide the Florida Division of
Emergency Management the link to the City's dedicated webpage to the current State of Emergency.
To view the Declaration of the State of Emergency please click on the following link:
https://www.miamibeachfl.gov/city-hall/city-clerk state-of-emergency/
The City is also attaching a copy of the Declaration of the State of Emergency to this letter, which
pursuant to City Code Section 26-37, has been filed in the office of the City Clerk and delivered to
appropriate news media for publication and to local and television stations for broadcast, as well as
posted on the City's website.
If you have any questions, please do not hesitate to contact me at 305.673.7411.
Respectylly,
REGIS RBOU
Rafael E. Granado,
City Clerk
https://miamibeach-my.sharepoint.com/personal/regisbarbou_miamibeachfl_gov/Documents/Desktop/Letter to DEM.docx
We ore committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
;ity of Miami Beach USPS CERTIFIED MAIL
;ity Clerk
1700 Convention Center Dr
Aami Beach FI 33139 II I
9214 8901 9403 8370 6681 54
KEVIN GUTHRIE, DIRECTOR
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BLVD.
TALLAHASSEE, FL 32399-2100
Here
eturn Reference Number:
sername:Regis Barbou
ode Violation#:
ourt Case#:
roperty Address::
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ustom 5:
ostage:$6.3300
Granado, Rafael
From: Kenny, Matt
Sent: Wednesday, March 23, 2022 11:03 AM
To: Kenny, Matt
Subject: City of Miami Beach Issues State of Emergency and Curfew
Declaration of a State of Emergency Link: http://www.miamibeachfl.gov/wp-content/uploads/2022/03/State-of-
Emergency-E.O.-No.-2022-01-SB.pdf
Press Release Link: https://www.miamibeachfl.gov/wp-content/uploads/2022/03/City-of-Miami-Beach-
Declares-State-of-Emergency-and-Implements-Curfew-2.pdf
FOR IMMEDIATE RELEASE
March 23, 2022
City of Miami Beach Issues State of Emergency and Curfew
— Curfew to be in effect from Thursday, March 24 until Monday, March 28—
Miami Beach, FL — In response to the excessively large and unruly spring break crowds, and to mitigate
dangerous and illegal conduct, the City of Miami Beach has ordered a state of emergency and curfew to take
effect the evening of Thursday, March 24, 2022 through Monday, March 28, 2022 between the hours of 11:59
p.m. and 6 a.m. The following safety measures will be in place:
• Effective each night from 11:59 p.m. through 6 a.m., a curfew shall be imposed for that area of the
City bounded by 23 Street and Dade Boulevard on the north (including properties fronting the north
side of 23 Street or Dade Boulevard), Government Cut on the south, Biscayne Bay on the west, and
the Atlantic Ocean on the east ("the curfew area"). Businesses within the affected area shall close
sufficiently in advance of the curfew in order to permit patrons to avoid violating the curfew.
• Commercial businesses must admit their last guests within a time frame that allows them to leave by
11:59 p.m. each night. Hotels may continue business operations past the curfew, provided they are
servicing hotel guests only.
• Businesses other than hotels shall be permitted to continue to operate from 11:59 p.m. — 6 a.m. for
delivery only. Takeout and pickup service is prohibited.
• The curfew shall not apply to the provision of designated essential services, such as fire, police and
hospital services, including the transportation of patients thereto, utility emergency repairs, and
emergency calls by physicians, and the curfew shall also not apply to persons traveling to their places
of employment to report for work and to return to their residences after their work has concluded.
• All City residents requiring access to or from their homes, guests requiring access to or from their
hotels, and employees / service providers of business establishments requiring access, including
normally scheduled deliveries and janitorial services, shall be permitted. Residents are advised to
return to the City prior to 11:59 p.m. each night, in order to avoid any potential traffic delays once the
curfew has taken effect. Hotel guests entering the City after the curfew is in place, may be required
to show proof of lodging (such as a hotel reservation).
• All roads or traffic patterns within the curfew area may be closed or rerouted as deemed necessary
by the City Manager or Chief of Police. In order to manage access to our residential neighborhoods,
the following restrictions will be in place:
MIAMIBEACH
Matt Kenny, Assistant Director
MARKETING&COMMUNICATIONS DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.672.6940 I e:mattkenny@miamibeachfl.gov I www.miamibeachfl.gov
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