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Miami Beach lawmaker says city’s homelessness rules defy state law. Local officials say they go further

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Republican Rep. Fabián Basabe is warning Miami Beach officials to align the city’s ordinances on homelessness with a 2024 state law or risk funding and legal action.

He contends that the local rules don’t go far enough to comport with state strictures. At least two Miami Beach officials, including the author of the city’s 2023 homeless ordinances, said its rules go even further.

In a strongly worded letter Friday to Miami Beach Mayor Steven Meiner and Commissioners, Basabe warned that the city’s ordinances on public camping, sleeping and protest-related obstructions violated state law.

He said the city must repeal or revise its rules to comply with the 2024 law (HB 1365), which imposed a uniform statewide ban on public camping and sleeping unless in designated areas certified by the Department of Children and Families (DCF).

“This conflict does not only create legal exposure,” Basabe wrote. “It could also result in the loss of state-administered homelessness funding, including major appropriations such as the fifty million dollars allocated to address homelessness.”

Basabe is taking exception with Sections 70-45 and 70-46 of the Miami Beach Code, which have language different from state statutes. One such difference includes an allowance for sleeping on public beaches during “operational hours,” when the beach is open to the public, unless law enforcement finds evidence that the beach is being used as a makeshift living space rather than “for its intended purpose.”

Rep. Fabián Basabe said his home city of Miami Beach could lose state funding and attract litigation if it doesn’t make its homelessness ordinance comply with state statutes. Image via Fabian Basabe.

The city’s rules also provide exceptions for public protesting that obstructs pedestrian and vehicle traffic if there is no “nearby adequate and available alternative forum.” HB 1365, conversely, prohibits sleeping and camping on public property outright unless the area is certified by DCF and does not allow protest or enforcement exceptions.

“Under Florida law, when a local ordinance conflicts with a general law, the state law controls,” Basabe wrote.

Basabe’s complaint about local regulations on homelessness and the use of public spaces may run contrary to the views of Republican Gov. Ron DeSantis, who chose Miami Beach as the site to sign HB 1365 last year and spoke positively of how Meiner, who has no party affiliation (NPA), and the city have handled the issue.

“What the Mayor is doing, he’s providing them (a place and saying), ‘Here’s where you can go. And if they refuse, then you absolutely have the right to arrest them and remove them from being effectively a public nuisance at this place,” the Governor said. “This bill and what some of the local governments have done is just going to make that clear.”

Miami Beach Commissioner Joseph Magazine, also an NPA, said he spoke with City Attorney Ricardo Dopico about Basabe’s letter. The two agreed that the city’s ordinances are stricter than the state law, but still in harmony with it.

“We’re doing more to enforce it than anybody else,” Magazine told Florida Politics. “And while we’re going to examine the points (Basabe) brought up closer at the end of next week — because, of course, we want to have a good working relationship with our partners in all jurisdictions — we are confident that we are compatible with state law.”

Commissioner Joseph Magazine maintains, with support from City Attorney Ricardo Dopico, that the city’s ordinances amply adhere to HB 1365. Image via Joseph Magazine/Instagram.

Commissioner Alex Fernandez, a Democrat who sponsored the city ordinance, noted that arrests for public camping and right of way obstruction have risen sharply since the measure’s passage, as have efforts to offer service to people experiencing homelessness.

According to a Friday memo City Manager Eric Carpenter sent the Mayor and Commission, the city registered 1,543 homelessness-related arrests in 2023, accounting for 34% of the city’s total arrests that year. Last year, the number climbed to 2,179 (42%).

A similar overview, published by Miami-Dade Mayor Daniella Levine Cava’s office in May, substantiated the city’s figures. It said that of 165 unhoused people arrested in the county between Jan. 1, 2024, and March 17, 2025, under HB 1365, 160 were in Miami Beach.

Last July, Miami Beach announced a program called Operation Summer Relief to reduce the number of unhoused people living within its bounds. The city said its methods would include “encouraging the city’s homeless population to take advantage of available programs and initiatives, including access to shelters, regular meals and treatment options for mental illness or drug and alcohol addiction.”

At a news conference introducing the program, Meiner said the program aimed to be kind and sympathetic but stressed, “Do not mistake our compassion for weakness.”

Miami Beach Commissioner Alex Fernandez also disagrees with Rep. Fabián Basabe that the city’s ordinance is insufficient. Image via Alex Fernandez/Facebook.

Fernandez said Friday that when he introduced Miami Beach’s anti-camping ordinance in 2023, the city’s homeless population exceeded 230 people. It’s since dropped to 106, he said, calling the change evidence of “the effectiveness of our consistent enforcement of our local law and our compliance with the state law.”

“No city takes public safety more seriously than Miami Beach,” he said. “We offer compassionate services to help individuals get back on their feet — but when those services are refused, we arrest. We categorically prohibit public camping and we are both supportive and fully compliant with the state law. More importantly, we’ve demonstrated what meaningful, results-driven enforcement looks like.”

Commissioner Kristen Rosen Gonzalez, a Democrat and one of two candidates running to replace Meiner as Mayor in the city’s Nov. 4 election, promised to place a discussion item on the Miami Beach Commission’s next agenda “to compare and contrast” the city ordinance and state law to “see which one works.”

“Arresting the homeless is very costly and does not solve the homeless problem because they get out of jail after one day, and literally get a ride from the jail to Miami Beach,” she said by text. “I would really like the (Miami-Dade) Homeless Trust to finally open the Miami Center for Mental Health and Recovery, which is a comprehensive solution to the homeless problem.”

Commissioner Kristen Rosen Gonzalez’s views on the city’s handling of homelessness align more with Rep. Fabián Basabe’s. Image via Kristen Rosen Gonzalez.

On Thursday, Miami’s Community News published an op-ed by Rosen Gonzalez challenging the veracity of Miami Beach’s crime statistics and bashing its homelessness ordinance. She wrote in a Facebook post the same day that the city’s $5 million budget for homelessness should “all be allocated toward the Leifman Center,” referring to a facility retired county Judge Steve Leifman is developing that will offer health diversion services for people who have a substance use disorder, mental health issues and homelessness.

Homeless advocacy groups have condemned HB 1365 and similar local ordinances as a criminalization of homelessness and a potential violation of constitutional rights. Democrats opposing the measure — sponsored by Fort Myers Sen. Jonathan Martin and Fleming Island Rep. Sam Garrison, both Republicans — complained, among other things, that the measure placed an unfunded mandate on localities.

Sen. Geraldine Thompson, the late Democratic lawmaker from Orlando, said the legislation’s true aim was to put out of view “the failure in our society that has brought about homelessness.”

“I don’t understand what we’re doing to human beings,” she said during a Senate floor argument last March, adding that she expected the law would cost counties and cities $500 million to enforce.

Multiple city officials speaking off the record questioned the timing of Basabe’s letter, citing Miami Beach’s upcoming election and suggesting he supported Rosen Gonzalez and candidates running against Fernandez and Democratic Commissioner Laura Dominguez.

Basabe denied that political favoritism informed his position on the matter.

“I oppose anyone who complicates the lives and business owners of Miami Beach,” he said. “Commissioners are irrelevant. The consultants run them. This is not a strong Mayor city. It’s a City Manager city, and the people they all bow down to are the county Mayor’s consultant. So, my opposition is the establishment. These people are just pawns.”


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Debra Tendrich turns ‘pain into policy’ with sweeping anti-domestic violence proposal

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Florida could soon rewrite how it responds to domestic violence.

Lake Worth Democratic Rep. Debra Tendrich has filed HB 277, a sweeping proposal aimed at modernizing the state’s domestic violence laws with major reforms to prevention, first responder training, court safeguards, diversion programs and victim safety.

It’s a deeply personal issue to Tendrich, who moved to Florida in 2012 to escape what she has described as a “domestic violence situation,” with only her daughter and a suitcase.

“As a survivor myself, HB 277 is more than legislation; it is my way of turning pain into policy,” she said in a statement, adding that months of roundtables with survivors and first responders “shaped this bill from start to finish.”

Tendrich said that, if passed, HB 277 or its upper-chamber analogue (SB 682) by Miami Republican Sen. Alexis Calatayud would become Florida’s most comprehensive domestic violence initiative, covering prevention, early intervention, criminal accountability and survivor support.

It would require mandatory strangulation and domestic violence training for emergency medical technicians and paramedics, modernize the legal definition of domestic violence, expand the courts’ authority to order GPS monitoring and strengthen body camera requirements during investigations.

The bill also creates a treatment-based diversion pathway for first-time offenders who plead guilty and complete a batterers intervention program, mental-health services and weekly court-monitored progress reporting. Upon successful completion, charges could be dismissed, a measure Tendrich says will reduce recidivism while maintaining accountability.

On the victim-safety side, HB 277 would flag addresses for 12 months after a domestic-violence 911 call to give responders real-time risk awareness. It would also expand access to text-to-911, require pamphlets detailing the medical dangers of strangulation, authorize well-check visits tied to lethality assessments, enhance penalties for repeat offenders and include pets and service animals in injunctions to prevent coercive control and harm.

Calatayud called it “a tremendous honor and privilege” to work with Tendrich on advancing policy changes “that both law enforcement and survivors of domestic abuse or relationship violence believe are meaningful to protect families across our communities.”

“I’m deeply committed to championing these essential reforms,” she added, saying they would make “a life-or-death difference for women and children in Florida.”

Organizations supporting HB 277 say the bill reflects long-needed, practical reform. Palm Beach County firefighters union IAFF Local 2928 said expanded responder training and improved dispatch information “is exactly the kind of frontline-focused reform that saves lives.”

The Florida Police Benevolent Association called HB 277 a “comprehensive set of measures designed to enhance protections” and pledged to help advance it through the Legislature.

The Animal Legal Defense Fund praised provisions protecting pets in domestic violence cases, noting research showing that 89% of women with pets in abusive relationships have had partners threaten or harm their animals — a major barrier that keeps victims from fleeing.

Florida continues to see high levels of domestic violence. The National Coalition Against Domestic Violence estimates that 38% of Florida women and 29% of Florida men experience intimate-partner violence in their lifetimes — among the highest rates in the country.

With costs rising statewide, HB 277 also increases relocation assistance through the Crimes Compensation Trust Fund, which advocates say is essential because the current $1,500 cap no longer covers basic expenses for victims fleeing dangerous situations.

Tendrich said survivors who contributed to the bill, which Placida Republican Rep. Danny Nix is co-sponsoring, “finally feel seen.”

“This bill will save lives,” she said. “I am proud that this bill has bipartisan support, and I am even more proud of the survivors whose bravery drives every line of this legislation.”



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Ash Marwah, Ralph Massullo battle for SD 11 Special Election

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Even Ash Marwah knows the odds do him no favors.

A Senate district that leans heavily Republican plus a Special Election just weeks before Christmas — Marwah acknowledges it adds up to a likely Tuesday victory for Ralph Massullo.

The Senate District 11 Special Election is Tuesday to fill the void created when Blaise Ingoglia became Chief Financial Officer.

It pits Republican Massullo, a dermatologist and Republican former four-term House member from Lecanto, against Democrat Marwah, a civil engineer from The Villages.

Early voter turnout was light, as would be expected in a low-key standalone Special Election: At 10% or under for Hernando and Pasco counties, 19% in Sumter and 15% in Citrus.

Massullo has eyed this Senate seat since 2022 when he originally planned to leave the House after six years for the SD 11 run. His campaign ended prematurely when Gov. Ron DeSantis backed Ingoglia, leaving Massullo with a final two years in office before term limits ended his House career.

When the SD 11 seat opened up with Ingoglia’s CFO appointment, Massullo jumped in and a host of big-name endorsements followed, including from DeSantis, Ingoglia, Agriculture Commissioner Wilton Simpson, U.S. Sens. Ashley Moody and Rick Scott, four GOP Congressmen, county Sheriffs in the district, and the Florida Chamber of Commerce.

The Florida LGBTQ+ Democratic Caucus is endorsing Marwah.

Marwah ran for HD 52 in 2024, garnering just 24% of the vote against Republican John Temple

Massullo has raised $249,950 to Marwah’s $12,125. Massullo’s $108,000 in spending includes consulting, events and mail pieces. One of those mail pieces reminded voters there’s an election.

The two opponents had few opportunities for head-to-head debate. The League of Women Voters of Citrus County conducted a SD 11 forum on Zoom in late October, when the two candidates clashed over the state’s direction.

Marwah said DeSantis and Republicans are “playing games” in their attempts to redraw congressional district boundaries.

“No need to go through this expense,” he said. “It will really ruin decades of progress in civil rights. We should honor the rule of law that we agreed on that it’ll be done every 10 years. I’m not sure why the game is being played at this point.”

Massullo said congressional districts should reflect population shifts.

“The people of our state deserve to be adequately represented based on population,” he said. “I personally do not believe we should use race as a means to justify particular areas. I’m one that believes we should be blind to race, blind to creed, blind to sex, in everything that we do, particularly looking at population.”

Senate District 11 covers all of Citrus, Hernando and Sumter counties, plus a portion of northern Pasco County. It is safely Republican — Ingoglia won 69% of the vote there in November, and Donald Trump carried the district by the same margin in 2024.



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Miles Davis tapped to lead School Board organizing workshop at national LGBTQ conference

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Miles Davis is taking his Florida-focused organizing playbook to the national stage.

Davis, Policy Director at PRISM Florida and Director of Advocacy and Communications at SAVE, has been selected to present a workshop at the 2026 Creating Change Conference, the largest annual LGBTQ advocacy and movement-building convention.

It’s a major nod to his rising role in Florida’s LGBTQ policy landscape.

The National LGBTQ Task Force, which organizes the conference, announced that Davis will present his session, “School Board Organizing 101.” His proposal rose to the top of more than 550 submissions competing for roughly 140 slots, a press note said, making this year’s conference one of the most competitive program cycles in the event’s history.

His workshop will be scheduled during the Jan. 21-24 gathering in Washington, D.C.

Davis said his selection caps a strong year for PRISM Florida, where he helped shepherd the organization’s first-ever bill (HB 331) into the Legislature. The measure, sponsored by Tampa Democratic Rep. Dianne Hart, would restore local oversight over reproductive health and HIV/AIDS instruction, undoing changes enacted under a 2023 expansion to Florida’s “Parental Rights in Education” law, dubbed “Don’t Say Gay” by critics.

Davis’ workshop draws directly from that work and aims to train LGBTQ youth, families and advocates in how local boards operate, how public comment can shape decisions and how communities can mobilize around issues like book access, inclusive classrooms and student safety.

“School boards are where the real battles over student safety, book access, and inclusive classrooms are happening,” Davis said. “I’m honored to bring this training to Creating Change and help our community build the skills to show up, speak out, and win — especially as PRISM advances legislation like HB 331 that returns power to our local communities.”

Davis’ profile has grown in recent years, during which he jumped from working on the campaigns and legislative teams of lawmakers like Hart and Miami Gardens Democratic Sen. Shevrin Jones to working in key roles for organizations like America Votes, PRISM and SAVE.

The National LGBTQ Task Force, founded in 1973, is one of the nation’s oldest LGBTQ advocacy organizations. It focuses on advancing civil rights through federal policy work, grassroots engagement and leadership development.

Its Creating Change Conference draws thousands for four days of training and strategy-building yearly, a press note said.



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