Resolution 2025-33492RESOLUTION NO. 2025-33492
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE POLICE DEPARTMENT TO
CREATE AND IMPLEMENT AN ACTION PLAN THAT PRIORITIZES
ENFORCEMENT OF THE CITY'S PUBLIC CAMPING AND PUBLIC SLEEPING
ORDINANCE, PARTICULARLY ON LINCOLN ROAD AND WASHINGTON
AVENUE, AND FURTHER DIRECTING THE POLICE DEPARTMENT TO
ENSURE THAT ALL POLICE OFFICERS COMPLETE A REFRESHER
TRAINING FROM THE POLICE DEPARTMENTS TRAINING UNIT, ON THE
CITY'S PUBLIC CAMPING AND PUBLIC SLEEPING ORDINANCE IN ORDER
TO ENHANCE PUBLIC SAFETY, COMPASSIONATELY ADDRESS
UNHOUSED PERSONS, AND PROMOTE A MORE POSITIVE EXPERIENCE IN
THE CITY FOR RESIDENTS AND VISITORS.
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 property by individuals for camping and/or sleeping
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 and sleeping in public places within the City
furthers the legitimate governmental interest in protecting the public health and the safety of all
persons within the City, and maintains sanitation Citywide; and
WHEREAS, newly adopted Fla. Stat. §125.0231, 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, went into effect on
October 1, 2024; and
WHEREAS, recently amended City Code Sec. 70-45, entitled Public Camping and Public
Sleeping Prohibited, prohibits 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; cooking over
an open flame or fire out-of-doors; or sleeping out-of-doors, went into effect on September 11,
2024; and
WHEREAS, prohibitions on camping and sleeping in public places have been upheld by
state and federal courts even in the absence of providing shelter to unhoused persons; however,
the City's public camping and public sleeping ordinance requires that police offer shelter or other
available government assistance to those persons engaged in public camping or sleeping who
have no home or other permanent shelter; and
WHEREAS, the primary objective of the new action plan is to ensure that no person in the
City is living on public property, thereby safeguarding those individuals from dangerous
circumstances, such as disease, violence and severe weather conditions; and
WHEREAS, this action plan also aligns with the City's commitment to fostering an
elevated quality of life for its residents, along with vibrant economic activity, and will further
reinforce the City's reputation as a premier tourist destination; and
WHEREAS, the City reliably provides services to persons camping or sleeping on public
property, such as immediate housing opportunities, in-house employment services, family
reunification/relocation services, mental health screening and services, and rental assistance and
referral supportive services; and
WHEREAS, a consistently visible police presence enforcing the City's public camping and
public sleeping ordinance, particularly on Lincoln Road and Washington Avenue, not only helps
to deter crime and protect those individuals who are living on public property, but also encourages
residents and visitors to patronize and enjoy the City's key commercial areas.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby direct the Police Department
to create and implement an action plan that prioritizes enforcement of the City's public camping
and public sleeping ordinance, particularly on Lincoln Road and Washington Avenue, and further
direct the police department to ensure that all police officers complete a refresher training from
the Police Departments Training Unit, on the City's public camping and public sleeping ordinance
in order to enhance public safety, compassionately address unhoused persons, and promote a
more positive experience in the City for residents and visitors.
PASSED and ADOPTED this 3
ATTEST:
7�//
Rafael E. Granado, City Clerk
day of Feb rk4ry , 2025.
S even Meiner, Mayor
(Sponsored by Commissioner David Suarez)
APPROVED AS TO
FORM & LANGUAGE
fOR EXECUTION
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C� Attorney
-A1 Date
Resolutions - C7 AP
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: February 3, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE POLICE DEPARTMENT TO CREATE
AND IMPLEMENT AN ACTION PLAN THAT PRIORITIZES ENFORCEMENT OF
THE CITY'S PUBLIC CAMPING AND PUBLIC SLEEPING ORDINANCE,
PARTICULARLY ON LINCOLN ROAD AND WASHINGTON AVENUE, AND
FURTHER DIRECTING THE POLICE DEPARTMENT TO ENSURE THAT ALL
POLICE OFFICERS COMPLETE A REFRESHER TRAINING FROM THE POLICE
DEPARTMENTS TRAINING UNIT, ON THE CITY'S PUBLIC CAMPING AND
PUBLIC SLEEPING ORDINANCE IN ORDER TO ENHANCE PUBLIC SAFETY,
COMPASSIONATELY ADDRESS UNHOUSED PERSONS, AND PROMOTE A
MORE POSITIVE EXPERIENCE IN THE CITY FOR RESIDENTS AND VISITORS.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Commissioner David
Suarez.
FISCAL IMPACT STATEMENT
The sponsor of this item requests that the Administration be prepared to address the fiscal impact
of this proposed measure, if any, at the City Commission meeting.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www:miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Page 928 of 1859
CONCLUSION
Applicable Area
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
M
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
Sponsors)
Commissioner David Suarez
Co-sponsors)
Condensed Title
Direct PD to Implement Action Plan Re: City's Public Camping and Sleeping Ordinance.
(Suarez) CA
Previous Action (For City Clerk Use Only)
Page 929 of 1859