BIE - Camping Prohibited (8/23/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager £,,;,:_~
September 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 70 OF THE CITY CODE,ENTITLED "MISCELLANEOUS
OFFENSES,"BY AMENDING ARTICLE II,ENTITLED "PUBLIC PLACES,"BY AMENDING
SECTION 70-45,ENTITLED "CAMPING PROHIBITED,"BY AMENDING THE CITY'S
EXISTING PROHIBITION ON CAMPING BASED UPON THE RECENT RULING OF THE
SUPREME COURT OF THE UNITED STATES IN CITY OF GRA NTS PASS,OREGON \I.
GLORIA JOHNSON ET AL.,144 S.CT.2202 (2024),AND THE ENACTMENT OF FLORIDA
STATUTE §125.0231,ENTITLED "PUBLIC CAMPING AND PUBLIC SLEEPING,"WHICH
TAKES EFFECT ON OCTOBER 1,2024;AND WITH PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Part II of Chapter 163,Florida Statutes,relating to growth policy,county and
municipal planning,and land development regulation,including zoning,
development orders,development agreements and development permits;
b.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
c.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
Business Impact Estimate
Page2
d.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself,which are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private,for-profit businesses in the City of Miami Beach,that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur;that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible,and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
I 4.Additional comments:None.
Ordinances -RS {{item.number}}
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:July 24,2024 First Reading
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70 OF THE CITY CODE,
ENTITLED "MISCELLANEOUS OFFENSES,"BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES,"BY AMENDING SECTION 70-45,ENTITLED
"CAMPING PROHIBITED,"BY AMENDING THE CITY'S EXISTING PROHIBITION
ON CAMPING BASED UPON THE RECENT RULING OF THE SUPREME COURT
OF THE UNITED STATES IN CITY OF GRANTS PASS,OREGON V.GLORIA
JOHNSON ET AL.,144 S.CT.2202 (2024),AND THE ENACTMENT OF FLORIDA
STATUTE§125.0231,ENTITLED "PUBLIC CAMPING AND PUBLIC SLEEPING,"
WHICH TAKES EFFECT ON OCTOBER 1,2024;AND WITH PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance,sponsored by Commissioner Alex Fernandez and Mayor Steven
Meiner,is submitted for consideration by the Mayor and City Commission.
The City's current camping ordinance,which is codified in section 70-45 of the City Code,sets
forth the policy of the City of Miami Beach that public property (including,but not limited to,public
sidewalks,streets,alleyways,buildings,parks,beaches,beach access areas,walkways,
pathways,garages,promenades,and pedestrian malls)should be readily accessible and
available for use by residents,visitors and the public at large for their safe enjoyment.However,
the use of public areas by individuals for camping interferes with the rights of residents,visitors,
and the public to freely use public spaces for the purpose in which they were intended.
Moreover,courts have held that the prohibition on camping in public places furthers the legitimate
governmental interests of protecting the public health and the safety of all persons,maintaining
sanitation in public areas,and protecting the aesthetic nature of public areas,among other
legitimate governmental interests.
To that end,on June 28,2024,the Supreme Court of the United States in City of Grants Pass,
Oregon v.Gloria Johnson et al.,144 S.Ct.2202 (2024)ruled that an Oregon city's anti-camping
ordinance did not violate the "cruel and unusual punishment"clause of the U.S.Constitution's
Eighth Amendment despite the fact that Grants Pass did not have adequate shelter beds for its
homeless population.Furthermore,Florida Statute §125.0231,which becomes effective Oct.1,
2024,prohibits a county or municipality from authorizing or otherwise allowing any person to
regularly engage in public camping or sleeping on any public property including,but not limited
to,any public building or its grounds and any public right-of-way.
The proposed Ordinance amends the City's existing camping prohibition by incorporating terms
from Fla.Stat.§125.0231,in a manner consistent with the Grants Pass decision,and effectively
prohibits camping or sleeping out-of-doors on public property.However,the proposed Ordinance
retains the requirement that if an individual without a permanent shelter is found to be in violation
of the Ordinance,then such person must be given an opportunity to voluntarily enter a homeless
shelter or similar facility within Miami-Dade County,or to accept other available government
assistance that would result in housing.The proposed Ordinance provides that only if the offer
of shelter is refused,or the person is ineligible for shelter placement due to his or her own past or
present conduct,may an arrest be effectuated.
FISCAL IMPACT STATEMENT
N/A.
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on .
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know''item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Mayor Steven Meiner
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
1st Rdg,Ch.70,Camping Prohibited.(Fernandez/Meiner/Magazine)CA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70
OF THE CITY CODE,ENTITLED "MISCELLANEOUS OFFENSES,"
BY AMENDING ARTICLE 11,ENTITLED "PUBLIC PLACES,"BY
AMENDING SECTION 70-45,ENTITLED "CAMPING
PROHIBITED,"BY AMENDING THE CITY'S EXISTING
PROHIBITION ON CAMPING BASED UPON THE RECENT RULING
OF THE SUPREME COURT OF THE UNITED STATES IN CITY OF
GRANTS PASS,OREGON V.GLORIA JOHNSON ET AL,144
s.CT.2202 (2024),AND THE ENACTMENT OF FLORIDA STATUTE
§125.0231,ENTITLED "PUBLIC CAMPING AND PUBLIC
SLEEPING,"WHICH TAKES EFFECT ON OCTOBER 1,2024;AND
WITH PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,it is the policy of the City of Miami Beach that public property,including,but
not limited to,public sidewalks,streets,alleyways,parks,beaches,beach access areas,
walkways,pathways,garages,buildings,promenades,and pedestrian malls should be readily
accessible and available for use by residents,visitors,and the public at large for their safe
enjoyment;and
WHEREAS,the use of public areas by individuals for camping interferes with the rights of
residents,visitors and the public to freely use public spaces for the purpose for which they were
intended;and
WHEREAS,the prohibition on camping in public places in the City furthers the legitimate
governmental interest in protecting the public health and the safety of all persons within the City;
and
WHEREAS,the prohibition on camping in public places in the City furthers the legitimate
governmental interest in maintaining sanitation in these areas;and
WHEREAS,the prohibition on camping in public places in the City furthers the legitimate
governmental interest in protecting the aesthetic nature of these areas;and
WHEREAS,the prohibition on camping in public places in the City furthers other legitimate
governmental interests that have been recognized by the state and federal courts;and
WHEREAS,on June 28,2024,the Supreme Court of the United States in City of Grants
Pass,Oregon v.Gloria Johnson et al.,144 S.Ct.2202 (2024)ruled that the enforcement of
generally applicable laws regulating camping on public property does not constitute cruel and
unusual punishment under the Eighth Amendment to the United States Constitution;and
WHEREAS,Fla.Stat.$125.0231,which prohibits a county or municipality from authorizing
or otherwise allowing any person to regularly engage in public camping or sleeping on any public
property including,but not limited to,any public building or its grounds and any public right-of-way
under the jurisdiction of such county or municipality,goes into effect on October 1,2024;and
WHEREAS,Fla.Stat,§125.0231 also specifically authorizes a resident of the county,an
owner of a business located in the county,or the Attorney General to bring a civil lawsuit against
the county or applicable municipality authorizing or otherwise allowing a person to regularly
engage in public camping or sleeping on its public property;and
WHEREAS,Fla.Stat.§125.0231 further provides that if a resident or business owner
prevails in the civil lawsuit,the court may award reasonable expenses incurred in bringing the
case,including court costs,reasonable attorney fees,investigative costs,witness fees,and
deposition costs.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 70-45 of Article II of Chapter 70 of the Miami Beach City Code is
hereby amended as follows:
k¢¥#
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE II.PUBLIC PLACES
i #t
Sec.70-45.Public camping and public sleeping prohibited.;indicia of camping.
(1)For the purposes of this section,"camping"is defined as:
(a)Sleeping or other being in a temporary shelter out of doors;
(b)Sleeping out of doors;and/or
(c)Cooking over an open flame or fire out of doors.
(2)Camping is prohibited on all publi c property,except as may be specifi cally authorized by the
appropriate governm ental authority.
(3)Camping is prohibited on all private property in the city used for residential purposes;provided,
however,that camping is permitted on such property with the permission and consent of the
property Owne r.
(4)lndicia of camping.Local court rulings have boon held that in order to-"camp",the suspect
must do more than simply fall asleep on city property.There must be some indication of actual
camping.One or more of the following should exist before an arrest under this section is
appropriate:
(a)The property must be private or public property,including highwa y overpasses;
(b)The suspect is inside a tent or sleeping bag,or the suspect is asleep atop and/o r covered
by materials (+.e.,bedroll,cardboard,newspapers),or inside some form of temporary
shelter (except that an individual on a public beach during operational hours shall not be
charged under this section unless the officer identifies evidence that the beach is being
used as a lving space rathe r than for its intended purpos e}
(c)The suspect has built a campfire;or
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(d)The suspeGis asleep and when awakened,volunteers that he has no other place to live.
If a law enforcement officer or other authorized official encounters a person engaged in
camping who volunteers that he or she has no home or other permanent shelter,he or
she must be given an opportunity to voluntarily enter a homeless shelter or similar facility
within Miami Dade County,if available to that person,or to accept other available
government assistance for which the person is eligible that would result in housing,
including,but not limited to,mutually consensual reunification with family or friends in
any location,of consensual placement in any other appropriate facility that provides
housing within Miami-Dade County.4f no homeless shelter or other facility,or
government assistance that would result in immediate housing is available for which the
person is eligible,an arrest may not be made.
(e)Upon arrest,evidence of camping (sleeping bags,bedroll,cardboard,newspapers,etc.),
should not be destroyed,but should be seized and placed in property and evidence.
Other personal property of the defendant,which is not evidence,should be taken to the
appropriate Miami-Dade County jail with the defendant.
(5)Violation of this section shall be punished in accordance with section 1 14 of this Code.
(1)Definition.For the purposes of this section,"public camping or sleeping"means:
(a)Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or
living space and evidenced by the erection of a tent or other temporary shelter,the
presence of bedding or pillows,or the storage of personal belongings;or
(b)Lodging or residing overnight in an outdoor space without a tent or other temporary
shelter;or
(c)Cooking over an open flame or fire out-of-doors;or
(d)Sleeping out-of-doors.
(2)Prohibition.Public camping or sleeping is prohibited on all public property including,but not
limited to,any public building or its grounds and any public right-of-way in the city.
(3)Shelter.If a law enforcement officer or other authorized official encounters a person engaged
in public camping or sleeping who volunteers that he or she has no home or other permanent
shelter,he or she must be given an opportunity to voluntarily enter a homeless shelter or similar
facility within Miami-Dade County,or to accept other available government assistance that would
result in housing,including,but not limited to,mutually consensual reunification with family or
friends in any location,of consensual placement in any other appropriate facility that provides
housing within Miami-Dade County.If no homeless shelter or other facility,or government
assistance that would result in immediate housing is available,an arrest may not be made.
Notwithstanding the foregoing,nothing herein shall be construed to prevent or otherwise prohibit
a law enforcement officer from arresting a person who is ineligible for shelter placement for any
reason including,but not limited to:such person being under the influence of alcohol or drugs;
such person having been previously banned from a shelter:his or her status as a sexual offender,
sexual predator,or domestic violence offender;or his or her past or present conduct,
3
(4)Property.Upon arrest,evidence of camping (sleeping bags,bedroll,cardboard,newspapers,
etc_),should not be destroyed,but should be seized and placed in property and evidence.Other
personal property of the defendant,which is not evidence,should be taken to the appropriate
Miami-Dade County jail with the defendant.
(5)Penalty.Violation of this section shall be punished in accordance with section 1-14 of the City
Code.
SECTION 2.REPEALER.
k *¥
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach,Florida.The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the day of,2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
Strikethrou gh denotes deletions.
(Sponsored by Commissioner Alex J.Fernandez and Mayor Steven Meiner)
4
APPROVED AS TO
FORM &LANGUAGE
~ECUTION!lo.r
cm Aono j\ate