| | | | | | | |  | New Business and Commission Requests - R9 W
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Commissioner Alex Fernandez | | DATE: | July 26, 2023 | | |
| SUBJECT: | DISCUSS POSSIBLE LEGISLATION TO PROHIBIT SLEEPING AND/OR LYING IN PUBLIC SPACES IF SERVICES ARE AVAILABLE, OFFERED, AND REFUSED. |
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| | | | | | | | ANALYSIS
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Our City is a truly progressive place and we expend considerable amounts of money and sweat equity in an effort to provide services and housing to every unhoused person living in our City.
However, some unhoused individuals refuse to accept the benefit of our efforts and instead choose to live and sleep out-of-doors in our publicly owned and/or operated spaces such as on our streets and sidewalks, in our public garages, and other public spaces.
I would like to discuss with my colleagues my intent to bring legislation in September, if my colleagues support it and a legally defensible ordinance can be constructed, that would authorize the Miami Beach Police Department to charge anyone sleeping or lying in any public space in our City (with the possible exception of our parks and beaches), with a criminal offense pursuant to Section 1-14 of our City Code, which imposes a maximum penalty of a $500 fine and/or 60 days in jail. However, no person would be charged with this offense, unless a shelter bed or similar facility is immediately available. |
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| | | | | | | | SUPPORTING SURVEY DATA
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| | | | | | | | FINANCIAL INFORMATION
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| | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | Yes | | No | |
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| | | | | | | | Legislative Tracking Commissioner Alex Fernandez |
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