Resolution 2023-32710 RESOLUTION NO. 2023-32710
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD
QUALITY OF LIFE COMMITTEE, MADE AT ITS JULY 12, 2023
MEETING, AND AUTHORIZING THE MAYOR AND THE CITY
COMMISSION TO TRANSMIT LETTER TO ALCOHOL BEVERAGE
ESTABLISHMENTS IN THE CITY OF MIAMI BEACH, URGING ALL
ESTABLISHMENTS TO INSTALL MAGNETOMETERS ON THEIR
PREMISES TO ENSURE A SAFE AND SECURE ENVIRONMENT FOR
PATRONS AND STAFF ALIKE, AND DETER INDIVIDUALS FROM
CARRYING WEAPONS OR FIREARMS ILLEGALLY INTO ALCOHOLIC
BEVERAGE ESTABLISHMENTS IN DIRECT VIOLATION OF FLA. STAT.
§790.06(12).
WHEREAS, in 2023, the State of Florida passed a new permitless concealed carry
firearm and weapon law, House Bill 543 ("HB 543"), which has raised concerns about the
potential risks associated with firearms and weapons being present in public spaces; and
WHEREAS, effective July 1, 2023, HB 543 eliminated the requirement for persons
to obtain a concealed weapons license ("CWL") in order to legally carry a concealed
firearm or concealed weapon in public places; and
WHEREAS, presently, qualified persons are now legally authorized to carry
concealed firearms and concealed weapons in Florida without obtaining a CWL (or
undergoing previously required fingerprinting, background check, and safety/training
course) and merely need to carry identification with them while carrying a concealed
firearm or concealed weapon; and
WHEREAS, however, Fla. Stat. 790.06(12), which prohibits the carrying of any
concealed firearm or concealed weapon in any portion of an establishment licensed to
dispense alcoholic beverages for consumption on the premises (in any portion of the
establishment is primarily devoted to such purpose), remains the law in Florida and is
punishable as a criminal second-degree misdemeanor; and
WHEREAS, at its July 12, 2023 meeting, the Public Safety and Neighborhood
Quality of Life Committee adopted a motion recommending for the City to urge alcohol
beverage establishments ("ABEs") in the City to install magnetometers on their premises
to ensure a safe and secure environment for patrons and staff alike, and deter individuals
from carrying weapons or firearms illegally into establishments in direct violation of Fla.
Stat. §790.06(12); and
WHEREAS, while the City of Miami Beach respects the rights of individuals to bear
arms and weapons responsibly, it is crucial for establishments serving alcohol to
acknowledge potential safety implications, particularly in establishments operating
beyond traditional operating hours; and
WHEREAS, business establishments have a duty to guard against subjecting
invitees to dangers which the owners might have reasonably foreseen, including criminal
assault by a third party. Sabatelli v. Omni International Hotels, Inc., 379 So.2d 444 (Fla.
3d DCA 1980); Rotbart v. Jordan Marsh Company, 305 So.2d 255 (Fla. 3d DCA 1974);
Sparks v. Ober, 192 So.2d 81 (Fla. 3d DCA 1966); Holley v. Mt. Zion Terrace Apartments,
Inc., 382 So.2d 98 (Fla. 3d DCA 1980); Pitts v. Metropolitan Dade County, 374 So.2d 996
(Fla. 3d DCA 1979); Rotbart v. Jordan Marsh Company, supra. See also Concord Florida,
Inc. v. Lewin, 341 So.2d 242 (Fla. 3d DCA 1976); and
WHEREAS, the Soft Targets and Crowded Places Security Plan Overview and
guidelines ("ST-CP Guidelines") compiled by the U.S. Department of Homeland security
also recognizes that owners and operators of Soft Targets and Crowded Places have a
responsibility to take steps to protect people that work in, use, or visit their site from
foreseeable threats, including attacks by terrorists and other bad actors; and
WHEREAS, ST-CP Guidelines identify specific responsibilities of ST-CP owners
and operators to include the following: (1) understanding threats to and risks associated .
with their venue; (2) designing and implementing appropriate security measures; and (3)
raising awareness among staff and patrons; and
WHEREAS, while concealed firearms are still prohibited in an establishment
licensed to dispense alcoholic beverages for on-premises consumption, the invisible
danger of concealed carry makes it impossible to enforce Fla. Stat. 790.06(12) without
reasonable and adequate security measures; and
WHEREAS, considering the unique nature of Miami Beach's vibrant nightlife, it is
imperative that City businesses that operate beyond traditional business hours and are
licensed to dispense alcoholic beverages for on-premises consumption take proactive
measures to mitigate any potential risks and maintain a safe environment for all; and
WHEREAS, nightclub security experts have advised that pat downs are usually
inadequate and bouncers are rarely properly trained; and
WHEREAS, magnetometers, also known as metal detectors, have been widely
used in various public spaces to enhance security and detect a wide variety of concealed
weapons; and
WHEREAS, by implementing this technology, establishments can enhance their
ability to identify and deter individuals who may carry weapons illegally or pose a threat
to public safety, and avoid potential negligent security liability; and
WHEREAS, installing magnetometers can help ensure a safe and secure
environment for patrons and staff alike,, and deter individuals from carrying weapons or
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firearms illegally into establishments and potentially engaging in dangerous (or deadly)
conduct
WHEREAS, by taking this proactive, reasonable step, alcoholic beverage
establishments in Miami Beach can demonstrate their commitment to the safety and
security of their guests while maintaining the vibrant and enjoyable nightlife for which the
City is renowned; and
WHEREAS,the City of Miami Beach stands ready to provide support and guidance
throughout the process, with resources available to assist businesses with selecting
suitable equipment, training staff on proper usage, and ensuring compliance with
applicable regulations and legal frameworks.
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 accept the recommendation of the Public Safety and Neighborhood
Quality of Life Committee, made at its July 12, 2023 meeting, and authorize the Mayor
and City Commission to transmit a letter to alcohol beverage establishments in the City
of Miami Beach, urging all establishments to install magnetometers on their premises to
ensure a safe and secure environment for patrons and staff alike, and deter individuals
from carrying weapons or firearms illegally into alcoholic beverage establishments in
direct violation of Fla. Stat. §790.06(12).
PASSED and ADOPTED this a¢ day of f(41 , , 2023.
ATTEST:
JUL 2 8 202an Gelber, Mayor
Rafael E. Granado, City Clerk
(sponsored by Commissioner Alex J. Fernandez) ' ::
s
% :INCORPORATED;
JUL 2 8 2023
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
nr?r
CityAttorney( Date
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Resolutions-C7 AH
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: July 26, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE
COMMITTEE, MADE AT ITS JULY 12, 2023 MEETING, AND AUTHORIZING
THE MAYOR AND THE CITY COMMISSION TO TRANSMIT LETTER TO
ALCOHOL BEVERAGE ESTABLISHMENTS IN THE CITY OF MIAMI
BEACH, URGING ALL ESTABLISHMENTS TO INSTALL
MAGNETOMETERS ON THEIR PREMISES TO ENSURE A SAFE AND
SECURE ENVIRONMENT FOR PATRONS AND STAFF ALIKE,AND DETER
INDIVIDUALS FROM CARRYING WEAPONS OR FIREARMS ILLEGALLY
INTO ALCOHOLIC BEVERAGE ESTABLISHMENTS IN DIRECT
VIOLATION OF FLA. STAT. SEC. 790.06(12).
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the July 26, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Page 831 of 1588
Commissioner Alex Fernandez
ATTACHMENTS:
Description
D Resolution
Page 832 of 1588
Granado, Rafael
From: Granado, Rafael
Sent Friday,July 28, 2023 3:22 PM
To: Hudak,Alina; Paz, Rafael
Cc: Monserrat, Marcia; Granado, Rafael
Subject: 2023-32710, adopted on July 26, 2023 - Magnetometers
Attachments: Resolution 2023-32710.pdf
Good afternoon,
Attached please find Resolution—2023-32710,adopted on July 26, 2023.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE
RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, MADE AT ITS JULY
12,2023 MEETING,AND AUTHORIZING THE MAYOR AND THE CITY COMMISSION TO TRANSMIT LETTER TO ALCOHOL
BEVERAGE ESTABLISHMENTS IN THE CITY OF MIAMI BEACH, URGING ALL ESTABLISHMENTS TO INSTALL
MAGNETOMETERS ON THEIR PREMISES TO ENSURE A SAFE AND SECURE ENVIRONMENT FOR PATRONS AND STAFF
ALIKE,AND DETER INDIVIDUALS FROM CARRYING WEAPONS OR FIREARMS ILLEGALLY INTO ALCOHOLIC BEVERAGE
ESTABLISHMENTS IN DIRECT VIOLATION OF FLA.STAT.§790.06(12).
Who will be preparing the letter to transmit to alcoholic beverage establishments in the City of Miami Beach, urging
them to install magnetometers?
Please let us know how Central Services can assist. We have equipment to do large mail mergers/stuffing of envelopes.
Thank you.
Regards,
MIAMI BEACH
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado(c�miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
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