BIE - APPROACHING A LAW (10/11/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive.Miami Beach,Florido 33139,www .miamibeachfl.gov
TO:Mayor Steven Meiner and Members of the City Commission
FROM:Eric Carpenter,City Manager M__,FPl2--
MEETING DATE:October 30,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 7O,ENTITLED "MISCELLANEOUS OFFENSES";ARTICLE
I,ENTITLED "IN GENERAL";SECTION 70-8,ENTITLED "APPROACHING A LAW
ENFORCEMENT OFFICER,AFTER WARNING,WITH INTENT TO IMPEDE,PROVOKE OR
HARASS"TO PROVIDE PROTECTION FOR MORE CITY FIRST RESPONDERS AND BRING
LANGUAGE INTO COMPLIANCE WITH SEC.843.21,FLA.STAT.;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Q 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.Private applications for comprehensive plan amendments and land development
regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
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.The
Commission Memorandum and Ordinance 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.
1 •·Additional comments:None.
Ordinances -RS P
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
September 11,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70,ENTITLED
"MISCELLANEOUS OFFENSES";ARTICLE I,ENTITLED "IN GENERAL";SECTION
70-8,ENTITLED "APPROACHING A LAW ENFORCEMENT OFFICER,AFTER
WARNING,WITH INTENT TO IMPEDE,PROVOKE OR HARASS"TO PROVIDE
PROTECTION FOR MORE CITY FIRST RESPONDERS AND BRING LANGUAGE
INTO COMPLIANCE WITH SEC.843.21,FLA.STAT.;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
This proposed Ordinance is presented on first reading for consideration by the Mayor and City
Commission.
On April 12,2024,Governor Ron Desantis signed into law Senate Bill 184 (SB 184),which
created Sec.843.21,Fla.Stat.,and provided,effective January 1,2025,that an individual who
approaches a limited list of first responders,with specified intent,is guilty of a misdemeanor of
the second degree.
City of Miami Beach first responders,which include law enforcement officers,detention
officers,firefighters,emergency medical providers,parking enforcement specialists,code
compliance officers,and park rangers,serve a critical and essential role in keeping our
community safe and should be protected similarly to the list of first responders provided
in Sec.843.21,Fla.Stat.
The work of the City's first responders is of great importance and,as such,there exists a
need to maintain and improve the safety,security and working conditions of these officers
and those they seek to protect.
The City's first responders,while engaged in the lawf ul performance of their legal duties,
continue to encounter individuals who,after receiving warnings not to do so,violate such
warnings and approach or remain within close proximity of the first responder(s),with no
regard for the first responders'personal safety and no consideration for the first
responders'responsibility to maintain public safety,order and social peace.
Certain individuals who fail to heed such warnings not to approach a first responders in
the lawful performance of a legal duty,occasionally intend to provoke a physical response
from first responders,hinder first responders'performance of their legal duties or incite
the crowd surrounding such first responders.
Threats to the life and safety of first responders and the protection of the right to life,
liberty and security of the persons in the surrounding area (and potentially,any arrestee)
must be seen as imperative to the stability of society as a whole.
By extending the protections offered in new Sec.843.21,Fla.Stat.,to law enforcement
officers,detention officers,firefighters,emergency medical providers,parking
enforcement specialists,code compliance officers,and park rangers,this proposed
Ordinance will advance the important public safety goals of the City and protect the well-
being of our dedicated first responders.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?No
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-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 David Suarez
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
1st Rdg,Approaching First Responder with Specified Intent.(Suarez/Magazine)CA
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 70,
ENTITLED "MISCELLANEOUS OFFENSES";ARTICLE I,ENTITLED
"IN GENERAL";SECTION 70-8,ENTITLED "APPROACHING A LAW
ENFORCEMENT OFFICER,AFTER WARNING,WITH INTENT TO
IMPEDE,PROVOKE OR HARASS"TO PROVIDE PROTECTION FOR
MORE CITY FIRST RESPONDERS AND BRING LANGUAGE INTO
COMPLIANCE WITH SEC.843.21,FLA.STAT.;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE
DATE.
WHEREAS,on April 12,2024,Governor Ron Desantis signed into law Senate Bill 184
(SB 184),which created Sec.843.21,Fla.Stat,and provided,effective January 1,2025,that an
individual who approaches a limited list of first responders,with specified intent,is guilty of a
misdemeanor of the second degree;
WHEREAS,City of Miami Beach first responders,which include law enforcement
officers,detention officers,firefighters,emergency medical providers,parking
enforcement specialists,code compliance officers,and park rangers,serve a critical and
essential role in keeping our community safe and should be protected similarly to the list
of first responders provided in Sec.843.21,Fla.Stat.;and
WHEREAS,the work of the City's first responders is of great importance and,as
such,there exists a need to maintain and improve the safety,security and working
conditions of these officers and those they seek to protect;and
WHEREAS,the City's first responders,while engaged in the lawf ul performance
of their legal duties,continue to encounter individuals who,after receiving warnings not
to do so,violate such warnings and approach or remain within close proximity of the first
responder(s),with no regard for the first responders'personal safety and no consideration
for the first responders'responsibility to maintain public safety,order and social peace;
and
WHEREAS,certain individuals who fail to heed such warnings not to approach a
first responders in the lawful performance of a legal duty,occasionally intend to provoke
a physical response from first responders,hinder first responders'performance of their
legal duties or incite the crowd surrounding such first responders;and
WHEREAS,threats to the life and safety of first responders and the protection of
the right to life,liberty and security of the persons in the surrounding area (and potentially,
any arrestee)must be seen as imperative to the stability of society as a whole;and
WHEREAS,the Mayor and City Commission finds that it is in the best interest of
the City's first responders,its residents and visitors to adopt this ordinance to protect the
general public health,safety and welfare.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Article I of Chapter 70 of the Code of the City Miami Beach is hereby
amended as follows:
CHAPTER 70.MISCELLANEOUS
ARTICLE I.IN GENERAL
Sec._70-8.Approaching a law enforcement officer,after warning,with intent to impede,
provoke or harass first responder with specified intent.
(a)As used in this section,the term "law enforcement officer"shall be defined as set forth in
section 70 86 of the City Cede.
(b)kt shall be unlawful for any person,after receiving a warning from a law enforcement officer,
to-appr0a6h or remain within 20 feet of a law enforcement officer engaged in the lawful
perf.ormance of any legal duty with the intent to:
(1)Interrupt,disrupt,hinder,impede or interfere with a law enforcement officer's ability to
perf.orm such duty;or
(2)Provoke a physical response from a law enforcement officer;or
(3)Directly or indirectly harass a law enforcement officer.
(c)A violation of this section shall be punished in accordance with section 1 14 of the City Code.
(1)As used in this section,the term:
(a)"First responder"includes a law enforcement officer as defined in s.943101)a
firefighter as defined ins.784.07(1 ),an emergency medical care provider as defined ins.
784.07(1),a parking enforcement specialist as defined ins 316640,a code compliance
officer as defined ins 162_21an individual employed as a detention officer by the City,
and an individual employed as a park ranger by the City.
(b)"Harass"means to willfully engage in a course of conduct directed at a first responder
which intentionally causes substantial emotional distress in that first responder and serves
no legitimate purpose.
(2)(a)It is unlawful for a person,after receiving a verbal warning not to approach from a
person he or she knows or reasonably should know is a first responder,who is engaged in
the lawful performance of a legal duty,to knowingly and willfully violate such warning and
approach or remain within 25 feet of the first responder with the intent to:
1.Impede or interfere with the first responder's ability to perform such duty;
2.Threaten the first responder with physical harm:or
3.Harass the first responder.
(b)A 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,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
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 part of the Code
of the City of Miami Beach,Florida.The sections of this Ordinance may be renumbered or
relettered 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 on the day of,2024.
PASSED AND ADOPTED this day of,2024
ATTEST:
Steven Mainer,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner David Suarez)
Underline denotes additions
Strike through denotes deletions