Resolution 2024-32908 RESOLUTION NO. 2024-32908
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO
IMPLEMENT SPECIAL EVENT ZONES, AS CONTEMPLATED BY FLORIDA
STATUTE § 316.1891, DURING THE MONTH OF MARCH 2024, AS ONE PRONG
OF THE CITY ADMINISTRATION'S MULTI-PRONG SPRING BREAK STRATEGY,
IN ORDER TO CONTROL POTENTIAL UNPERMITTED TEMPORARY EVENTS
ORGANIZED OR PROMOTED VIA SOCIAL MEDIA THAT ARE ANTICIPATED TO
BE ATTENDED BY 50 OR MORE PERSONS AND WHICH MAY SUBSTANTIALLY
INCREASE OR DISRUPT THE NORMAL FLOW OF TRAFFIC ON A ROADWAY,
STREET, OR HIGHWAY, BY IMPOSING ENHANCED RULES AND PENALTIES
FOR VIOLATIONS OF LAW WITHIN THE DECLARED SPECIAL EVENT ZONE.
WHEREAS, House Bill 1435 created F.S. § 316.1891 which provides law enforcement with
the means to control large special events that often tax the resources of an agency, which became
effective on May 26, 2022; and
WHEREAS, a promoter or organizer is a person or entity who arranges, organizes, or
sponsors a special event; and
WHEREAS, a special event is an unpermitted temporary activity or event organized or
promoted via a "social media platform"(as defined in Fla. Stat. § 501.2041) that is (or is anticipated
to be) 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 is a contiguous area on or along a roadway, street, or
highway which is designated by warning signs; the term includes parking structures, parking lots, or
any other property, whether public or private, immediately adjacent to or along the designated area;
and
WHEREAS, the City Manager may designate a special event zone in response to a special
event that takes place or is reasonably anticipated to take place on a roadway, street, or highway
over which the City Manager has jurisdiction; the City Manager must enforce a special event zone
in a manner that causes the least inconvenience to the public and that is consistent with preserving
the public health, safety, and welfare; and
WHEREAS, the City Manager may also temporarily authorize the Miami Beach Police
Department to enforce occupancy limits on private or public property in a special event zone; and
WHEREAS, the City Manager may recover from a promoter or organizer of the special event
all relevant costs and fees incurred from designating and enforcing the special event zone; and
WHEREAS, clearly legible warning signs must be posted at each point of ingress or egress
to the special event zone, which must state: "Special Event Zone—All Fines Doubled. Vehicles
Subject to Impoundment for Traffic Infractions and Violations." The warning signs must be large
enough to be clearly visible from roadways to occupants of passing vehicles, and each letter must
be at least 3" in height; and
WHEREAS,the warning signs must be posted at least 24 hours before enforcement pursuant
to the Statute may commence; and
WHEREAS, a person who commits a noncriminal traffic infraction in a special event zone
must pay a fine double the amount of the fine provided in Chapter 318 of the Florida Statutes; and
WHEREAS, the motor vehicle of any person who commits a noncriminal traffic infraction or
a criminal traffic violation in a special event zone may be impounded by a law enforcement officer;
the term of impoundment can be as long as seventy-two(72)hours; however, the motor vehicle must
be released immediately upon payment of the impoundment fees and costs even if they were paid
before the seventy-two (72) hours have passed.
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 authorize
the City Administration to implement special event zones, as contemplated by Florida Statute §
316.1891, during the month of March 2024, as one prong of the City Administration's multi-prong
Spring Break strategy, in order to control potential unpermitted temporary events organized or
promoted via social media that are anticipated to be attended by 50 or more persons and which may
substantially increase or disrupt the normal flow of traffic on a roadway, street, or highway, by
imposing enhanced rules and penalties for violations of law within the declared special event zone.
PASSED and ADOPTED this 3/ day of JGkrucvy , 2024.
ATTEST:
FEB 1 2 2024 a en Meiner, Mayor -
Rafael E. Granado, City Clerk
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(sponsored by Commissioner Alex J. Fernandez) ICY \
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APPROVED AS TO
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City Attorney ate
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New Business and Commission Requests R9 X
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Alex Fernandez
DATE: January 31, 2024
SUBJECT: DISCUSS/TAKE ACTION,AUTHORIZE ADMINISTRATION TO IMPLEMENT
NEW FLORIDA LAW FOR DOUBLE FINES AND TOWING WITHIN
SPECIAL EVENT ZONES DURING SPRING BREAK TO THE FULLEST
EXTENT PERMITTED BYLAW.
RECOMMENDATION
In 2022, the Florida Legislature enacted a new law, Fla. Stat. § 316.1891, which provides the
City Manager with the ability to adopt certain measures in response to large, unpermitted
"special events" that are promoted on social media platforms and reasonably anticipated to take
place on a roadway, street, or highway and disrupt the normal flow of traffic. The statute
provides for additional penalties for persons who commit noncriminal traffic infractions within the
designated special event zone areas, including double fines and the potential impoundment of
vehicles for persons who commit non-criminal infractions.
I understand that in anticipation of Spring Break 2024, the Miami Beach Police Department is
prepared to designate certain qualifying special event zones that satisfy the requirements of the
Florida law,and install the requisite signage, so that the statutory fines could be implemented for
persons committing noncriminal traffic infractions and criminal traffic violations within the
designated zones.
As part of this item, I intend to ask my colleagues to support my motion to approve and
authorize the Administration's implementation of the Special Event Zones and double fines and
towing within designated Special Event Zones,to the fullest extent permitted by law.
SUPPORTING SURVEY DATA
na
FINANCIAL INFORMATION
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Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
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to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Commissioner Alex Fernandez
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