Ordinance 2024-4647 ORDINANCE NO. 2024-4647
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.
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:
*
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE II. PUBLIC PLACES
* * *
Sec. 70-45. Public camping and public sleeping prohibited.;
(1) For the purposes of this section, "camping" is defined as:
(a) Sleeping or other being in a temporary-shelter out of doors•
e
appropriate governmental authority
o ,
prppert i
Y�" n n
tamping. Onc or more of the following should exist before an arrest under this section is
apprepriate
(a)The property must be private or public propertye including g y p hihwa overasses•
,,
by aterial:(ire bedrolllsaardbeaard,newspapers), or inside come form of f moray
used as a living space rather than for its intended purpose);
(c)The suspect has built a campfire; or
2
camping who volunteers that-he or she has no home or other permanent shelter he or
u e
e t
t
housing within Marei blade--Co�nty.I# neless s ielte per f •Ter
person is gibl�n arrest magi not be e.
i i i i ,
should not be destroyed b„t should be seized and placed in property and evidence
i
Otp r perms opQ y n of end which i net evidence should he taken fo the
appropriate Miami_Darle Co„nty jail with the defendant
(1) Definition. For the purposes of this section, "public camping or sleeping" means:
(a) Lodging or residing
in an outdoor space as evidenced by the erection of a tent or other
temporary shelter, the presence of bedding or pillows, the storage of personal
belongings. or lying, sitting, or resting upon or under any item or material; or
(b)
Ater; Cooking over an open flame or fire out-of-doors: or
(c) Sleeping out-of-doors.
(2) Prohibition. Public camping or sleeping is prohibited on all public property ilsWitifiirtglaut=net,
• , exce teas
may be specifically authorized by the appropriate governmental authority. However. an
individual on a public beach during operational hours shall not be charged under this section
unless a law enforcement officer identifies evidence that the beach is being used as a living
space rather than for its intended purpose.
(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 the available shelter; his or her status as a
3
sexual offender, sexual predator, or domestic violence offender; or his or her any other past or
present conduct rendering such person ineligible for placement in a shelter.
(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.
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 .SPP4n?6PK , 2024.
ATTEST:
SEP 1 7 2024 Steven MginBru,Mayor
, APPROVED AS TO
Rafa E. Granado, City Clerk i�'olonATEDI FORM & LANGUAGE
",, �,, *:'_ FOR EXECUTION
Underline denotes additions. RcM.g__
Str�gh denotes deletions. �' f 2oZ
Double underline denotes additions after First Reading. g ¢
denotes deletions after First Reading. City Attorney M A/ Date
(Sponsored by Vice-Mayor Alex J. Fernandez and Mayor Steven Meiner,
and co-sponsored by Commissioner Joseph Magazine and Commissioner David Suarez)
4
Ordinances - R5 D
MIAMIBEACH .
COMMISSION MEMORANDUM
TO: • Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 11, 2024 10:25 a.m. Second Reading Public Hearing
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 Vice-Mayor 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
Page 707 of 1377
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.
The proposed Ordinance, which has been slightly modified for second reading to expand the
scope and timing of conduct that would constitute public camping (in a manner not inconsistent
with the Grants Pass decision), still retains the requirement that only if a homeless person refuses
an offer of shelter(or is ineligible for shelter placement) may such person be arrested for violating
the Ordinance.
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 8/23/2024.
See BIE at: https://www.miamibeachfl.gov/city-halllcity-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No 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):
Page 708 of 1377
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Mayor Steven Meiner
Co-sponsor(s)
Commissioner Joseph Magazine
Commissioner David Suarez
Condensed Title
10:25 a.m. 2nd Rdg, Ch. 70, Camping Prohibited. (Fernandez/Meiner/Magazine/Suarez) CA
Page 709 of 1377