HomeMy WebLinkAboutResolution 2026-34281RESOLUTION NO. 2026-34281
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S STATE
LEGISLATIVE PRIORITIES TO REQUEST THAT THE FLORIDA
LEGISLATURE AMEND APPLICABLE PROVISIONS OF SENATE BILL
180 (2025), FLORIDA LAWS CHAPTER 2025-190, TO EXPRESSLY
EXEMPT IMPACT FEES ADOPTED PURSUANT TO SECTION
163.31801, FLORIDA STATUTES (THE "FLORIDA IMPACT FEE ACT"),
FROM ITS REQUIREMENTS IN ORDER TO PERMIT LOCAL
GOVERNMENTS TO ADOPT NEW AND ADDITIONAL IMPACT FEES
PURSUANT TO THE FLORIDA IMPACT FEE ACT AND OTHER
APPLICABLE LAW, TO ADDRESS THE IMPACTS OF NEW
DEVELOPMENT ON CRITICAL PUBLIC INFRASTRUCTURE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution, municipalities
are vested with home rule authority and "may exercise any power for municipal purposes except
as otherwise provided by law"; and
WHEREAS, the Florida Legislature, pursuant to Section 163.31801, Florida Statutes (the
"Florida Impact Fee Act"), finds that "that impact fees are an outgrowth of the home rule power of
a local government to provide certain services within its jurisdiction" and "that impact fees are an
important source of revenue for a local government to use in funding the infrastructure
necessitated by new growth"; and
WHEREAS, the Florida Impact Fee Act "authorizes local governments to enact impact
fees" consistent with Section 163.31801 in recognition of "the growth of impact fee collections and
local governments' reliance on impact fees"; and
WHEREAS, in order to provide certain services in its jurisdiction, the City of Miami Beach
("City") has adopted impact fees by ordinance, which are based on adopted levels of service set
forth in the Miami Beach Year 2040 Comprehensive Plan; and
WHEREAS, the Mayor and City Commission desire to propose the adoption of additional
impact fees in order to ensure adequate levels of service for additional municipal infrastructure
and services provided by the City; and
WHEREAS, Senate Bill 180 (2025), published at Florida Laws Chapter 2025-190, entitled
"An act relating to emergencies," imposed certain restrictions on the ability of impacted local
governments to adopt "more restrictive or burdensome" amendments to their comprehensive
plans or land development regulations, or a "more restrictive or burdensome procedure"
concerning the review, approval, or issuance of a site plan, development permit, or development
order; and
WHEREAS, at least one court of this State has held, in Freedom Housing Alliance, Inc.,
et al. v. Manatee County, Case No. 2025 CA 1549 (Fla. 12th Cir. Ct.), that a new increase to an
impact fee adopted after the effective date of Senate Bill 180 violates Section 28 of Senate Bill
180; and
WHEREAS, local governments require certainty that they can continue to adopt or amend
impact fees in order to provide services within their jurisdictions and fund the infrastructure
necessitated by new growth within their jurisdictions; and
WHEREAS, the Mayor and City Commission hereby request that the Florida Legislature
adopt amendments to Senate Bill 180 to permit local governments to adopt new or increased
impact fees in order to enable them to continue to provide adequate levels of service for municipal
services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend
the City's State Legislative Priorities to request that the Florida Legislature amend applicable
provisions of Senate Bill 180 (2025), Florida Laws Chapter 2025-190, to expressly exempt impact
fees adopted pursuant to Section 163.31801, Florida Statutes (the "Florida Impact Fee Act"), from
its requirements in order to permit local governments to adopt new and additional impact fees
pursuant to the Florida Impact Fee Act and other applicable law, to address the impacts of new
development on critical public infrastructure.
PASSED and ADOPTED this a�l4
ATTEST:
MAY 2 6 2026
-Z-L
Rafael E. Granado, City Clerk
day of MA , 2026.
A-71--
Steven Meiner, Mayor
(Sponsored by Vice Mayor Laura Dominguez)
Co -Sponsored by Commissioner Tanya K Bhatt
APPROVED AS TO
FORM AND LANGUAGE
& FO TION
Cit orney Date
0RTORATED
Resolutions - C7 AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 20, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY'S STATE LEGISLATIVE
PRIORITIES TO REQUEST THAT THE FLORIDA LEGISLATURE AMEND
APPLICABLE PROVISIONS OF SENATE BILL 180 (2025), FLORIDA LAWS
CHAPTER 2025-190, TO EXPRESSLY EXEMPT IMPACT FEES ADOPTED
PURSUANT TO SECTION 163.31801, FLORIDA STATUTES (THE "FLORIDA
IMPACT FEE ACT"), FROM ITS REQUIREMENTS IN ORDER TO PERMIT LOCAL
GOVERNMENTS TO ADOPT NEW AND ADDITIONAL IMPACT FEES PURSUANT
TO THE FLORIDA IMPACT FEE ACT AND OTHER APPLICABLE LAW, TO
ADDRESS THE IMPACTS OF NEW DEVELOPMENT ON CRITICAL PUBLIC
INFRASTRUCTURE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of Vice Mayor Laura Dominguez.
FISCAL IMPACT STATEMENT
N/A
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
CONCLUSION
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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
Proiect?
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)
Vice Mayor Laura Dominguez
Co-sponsor(s)
Condensed Title
Amend State Legislative Priorities - Impact Fees Senate Bill 180. (Dominguez) CA
Previous Action (For City Clerk Use Only)
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