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Home My WebLink AboutOrdinance 2025-4784 ORDINANCE NO. 2025-4784 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PEDDLERS AND SOLICITORS," OF ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 74-2, TO ESTABLISH PERMIT AND BUSINESS TAX RECEIPT REQUIREMENTS FOR HOME SOLICITATION; TO ESTABLISH HOURS OF SOLICITATION, CONDUCT STANDARDS, AND PERMIT DISPLAY REQUIREMENTS; TO CREATE A CITY-MAINTAINED "NO SOLICITATION LIST" THAT SOLICITORS MUST CHECK AND COMPLY WITH; TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND REVOCATION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to promote public safety, consumer protection, and residential privacy through reasonable regulation of door-to-door solicitation activities; and WHEREAS, Florida Statutes § 501.022 requires state-issued permits for home solicitation sales, but does not preempt municipalities from imposing additional local requirements; and WHEREAS, municipalities such as Winter Garden, South Daytona, and Palm Bay have adopted ordinances requiring local permits, restricting solicitation hours, and establishing "No Solicitation Lists" to protect residents from unwanted intrusions; and WHEREAS, the Mayor and City Commission find that a local regulatory framework for home solicitation sales is necessary to ensure transparency, accountability, and respect for residential boundaries; and WHEREAS, this ordinance governs commercial home solicitation sales and does not restrict political canvassing, religious speech, or any other noncommercial speech that receives greater protection pursuant to the First Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 74 of the Code of the City of Miami Beach, Florida, entitled "Peddlers and Solicitors," be amended by creating Section 74-2 to read as follows: CHAPTER 74 PEDDLERS AND SOLICITORS * * * ARTICLE I. IN GENERAL * * * Sec. 74-2. Home Solicitation Sale Regulations. (a) Definitions. For purposes of this section, the following terms shall have the meanings ascribed: (1) Home solicitation sale shall be defined as set forth in Fla. Stat. 501.021(1). (2) Solicitor, for purposes of this section, means any person engaged in home solicitation sales, except those exempted by Fla. Stat. 501.022(1)(b). (3) No Solicitation List means a registry maintained by the City listing addresses where solicitation is prohibited. (b) Permit and Business Tax Receipt Required. (1) No person shall engage in home solicitation sales within the city without first obtaining: a. A valid home solicitation permit issued by the Clerk of the Circuit Court pursuant to Florida Statutes § 501.022; and b. A City of Miami Beach Business Tax Receipt (BTR). (2) Applicants must submit proof of the state-issued permit, identification, and payment of applicable fees. (c) Hours of Solicitation. Solicitation shall be permitted only between the hours of 9:00 a.m. and 7:00 p.m., Monday through Saturday. No solicitation shall occur on Sundays or legal holidays. (d) Conduct Standards. Solicitors shall: (1) Refrain from deceptive, aggressive, or coercive conduct. (2) Immediately leave the premises upon request. (3) Not enter any property marked with a "No Soliciting" sign or listed on the city's No Solicitation List. (4) Carry and display their permit and BTR at all times during solicitation. (e) Display of Permit. (1) The city-issued BTR and state permit must be visibly displayed on the solicitor's person. (2) Failure to display permits shall constitute a violation of this section. (f) No Solicitation List. (1) The city shall maintain a No Solicitation List of addresses where solicitation is prohibited. (2) Residents may enroll by submitting their address to the city clerk's Office. (3) The list shall be updated monthly and made available to all permitted solicitors. (4) Solicitors shall review the list (at least) on the first day of each month (or before beginning solicitations if beginning mid-month) and comply with the list prior to engaging in solicitation. (5) The city administration shall undertake a public education campaign to inform all applicable businesses of the requirements of this section. (q) Enforcement and Penalties. (1) Any person who violates any provision of this section shall be subject to the following civil fines after receiving one warning for an initial violation of this section: a. $1,000.00 per day for a first offense; b. $5,000.00 per day for a second or subsequent offense; and 2 c. $15,000.00 for any violation determined by the special magistrate to be irreparable or irreversible in nature. (2) Repeated violations may result in revocation of the city- issued BTR. (3) Violations may also be prosecuted under City Code Sec.1-14, Florida Statutes § 810.09 (Trespass), and/or any other available legal remedies. 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 Deer , 2025. ATTEST:yyt • Steven Meiner, Mayor DEC 2 2 202. -`��t`a�' '� APPROVED AS TO Rafael E. Granado, City Clerk �:�40..:' '- '�° '• FORM & LANGUAGE `Ik�OR? OR.STED' Underline denotes additions ; & FO X UTION Stri-k-ethrough denotes deletions ' � - 0/27)2z Double underline denotes additions on second reading Cit ttorney Date (Sponsored by Commissioner Joseph Magazine) Co-Sponsored by Mayor Steven Meiner 3 Mena Caceres, Keila From: City of Miami Beach <listadmin@miamibeachfl.gov> Sent: Monday, December 29, 2025 2:57 PM To: Mena Caceres, Keila Subject: New Rules for Door-to-Door Solicitation [THIS MESSAGE COMES FROM AN EXTERNAL EMAIL- USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS] VIEW AS WEBPAGE Door-to-Door Solicitation: New Rules and Resident No-Solicitation List The Mayor and City Commission have adopted a new Ordinance to protect residential privacy and improve safety by regulating commercial door-to-door solicitation in the City of Miami Beach. How to Join the City's No Solicitation List Residents can stop commercial solicitors from visiting their home by enrolling their address in the City's No Solicitation List here: No Solicitation Request Form Once enrolled, permitted solicitors cannot solicit at your address. No Solicitation Signs Commercial solicitors are not permitted to enter or solicit at any property displaying a "No Soliciting" or"No Solicitation" sign, even if the address is not on the City's No Solicitation List. What Residents Should Know • Solicitation Hours: 9 a.m. - 7 p.m., Monday—Saturday, excluding Sundays and legal holidays. If you do not join the City's No Solicitation List or place a "No Solicitation" sign, commercial solicitors may visit your property during permitted hours. • Solicitors must carry the required permits and leave immediately upon request. • Right to Refuse: Solicitors must leave immediately if asked by a resident. Important: These rules apply only to commercial solicitation. Political, religious and other protected noncommercial activities are not affected. For more information, see Ordinance 2025-4784 or click here. IN . -E. Ordinances - R5 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: December 17, 2025 10:20 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PEDDLERS AND SOLICITORS," OF ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 74-2, TO ESTABLISH PERMIT AND BUSINESS TAX RECEIPT REQUIREMENTS FOR HOME SOLICITATION: TO ESTABLISH HOURS OF SOLICITATION, CONDUCT STANDARDS, AND PERMIT DISPLAY REQUIREMENTS; TO CREATE A CITY- MAINTAINED "NO SOLICITATION LIST" THAT SOLICITORS MUST CHECK AND COMPLY WITH; TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND REVOCATION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Ordinance is presented on second reading by the sponsor, Vice Mayor Joseph Magazine. The City of Miami Beach seeks to promote public safety, consumer protection, and residential privacy through reasonable regulation of door-to-door solicitation activities. Florida Statutes § 501.022 requires state-issued permits for home solicitation sales, but does not preempt municipalities from imposing additional local requirements. Municipalities such as Winter Garden, South Daytona, and Palm Bay have adopted ordinances requiring local permits, restricting solicitation hours, and establishing "No Solicitation Lists" to protect residents from unwanted intrusions. A local regulatory framework for home solicitation sales may help to ensure transparency, accountability, and respect for residential boundaries. If adopted, this ordinance governs commercial home solicitation sales similarly to the other municipalities listed in this memo, and does not restrict political canvassing, religious speech, or any other noncommercial speech that receives greater protection pursuant to the First Amendment. SECOND READING CHANGES: 2157 of 3458 Between first and second reading, the ordinance was amended to provide for a public education campaign for solicitors and to mandate an initial warning before issuing a first offense violation. 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: 10/9/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-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): Department City Attorney Sponsor(s) Commissioner Joseph Magazine Co-sponsor(s) 2158 of 3458 Condensed Title 10:20 a.m. 2nd Rdg, Requirements for Home Solicitation. (Magazine) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 9/17/2025 - R5 S 2159 of 3458