Agenda_2017_12_15_Meeting(423) (10)Finance and Citywide Projects Committee Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 15, 2017 - 2:30 PM
Commissioner Ricky Arriola, Chair
Commissioner Mark Samuelian, Vice-Chair
Commissioner Micky Steinberg, Member
Commissioner John Elizabeth Aleman, Alternate
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OLD B U SI NES S
1.UPDAT E O N ENERGOV PERM I T T ING SYST EM
April 26, 2017 - C 7 M
Information Tec hnology
2.DEBRI S REM OVAL CO NT RACT S - HURRI CANE I R M A
P ublic Works
3.DISCUSSIO N R EGARDI NG A PR OPOSAL TO BUI LD A PUBLIC BAYWALK FROM 10-12 ST R EET S
AND A PUBLI C M ARINA
July 26, 2017 - C 4 N
S ponsored by C ommissioner Arriola
P lanning/E nvironment & Sustainability
4.DISCUSSIO N TO CONSIDER AM EN DING O UR C IT Y EM PLO YEE LEAVE ORDI NANCE FO R T IME
DONAT IO NS FO R EM PLO YEES C ARING FO R ILL FAM ILY MEM BERS
July 26, 2017 - C 4K
S ponsored by Vice-Mayor Alemán
Human R esources
N EW B U SI NES S
5.DISCUSSIO N R EGARDI NG T H E USE OF T HE AU D ITORIUM AT T HE SO UT H SHO RE
COMMUNI T Y CENT ER, LO CAT ED AT 833 6TH ST R EET, BY SO UT H FLO RIDA SENI ORS IN
ACT I ON, I NC., FOR A PERIO D TO RUN COT ERM I N OUS WI T H I T S EXIST ING LEASE
AGREEMENT, CO MMENCING FEBRUARY 1, 2018 AN D ENDING SEPT EM BER 30, 2019
S ponsored by Vice-Mayor Alemán
Tourism, C ulture, and E conomic D evelopment
6.DISCUSSIO N R EGARDI NG T H E T R ACKI NG O F TOTAL SHO RT T ERM RENTAL VI OLAT IO NS
IMPOSED AGAI N ST PROPERT Y OWNERS
O ctober 31, 2017- C 4 A
S ponsored by Vice-Mayor Alemán
Finance/C ode C ompliance
D EFE R R ED I TE MS
Page 1 of 17
7.DISCUSSIO N R EGARDI NG SU STAINABLE FUNDI N G SOURCES FOR EDUCAT IO NAL
ENHANCEM ENT S IN MI AM I BEAC H PUBLIC SCH OO LS
March 1, 2017 - R 9 F
S ponsored by Vice-Mayor Alemán
O rganizational D evelopment P erformance Initiatives
Status: Deferred to the February 23, 2018 FCWPC meeting, pending research on initiatives.
8.DISCUSSIO N R EGARDI NG T H E REQUEST BY T H E HISPANI C AFFAIRS COM M IT T EE FO R
FUNDING TO BE PROPERLY ALLOCAT ED FOR T H E RECO M M ENDED PROG RAM M ING AS PART
OF T HE BUDG ET PROCESS FOR FISCAL YEAR 2017-2018
S eptember 25, 2017 - C 4 Q
S ponsored by C ommissioner R os en Gonzalez
P arks and R ec reation
Status: Deferred to the January 19, 2018 FCWPC meeting, per the sponsor's request.
9.DISCUSSIO N R EGARDI NG A WAT ERLESS CAR WASH RFP AT G ARAGES
O ctober 18, 2017 - C 4 E
P arking
Status: Deferred to the May 18, 2018 FCWPC meeting to report on success of the pilot program.
10.DISCUSSIO N R EGARDI NG T H E FEES CHARG ED TO DEVELO PER S TO APPEAR BEFORE T HE
CIT Y'S LAND U SE BO ARDS
April 26, 2017 - C 4 F
S ponsored by Vice-Mayor Alemán
P lanning
Status: Deferred to the January 19, 2018 FCWPC meeting, pending additional research.
11.DISCUSSIO N R EGARDI NG T H E NO RT H BEACH TO WN CENT ER R EDEVELOPM ENT
PRO PO SAL, I N VOLVING CIT Y-O WN ED PARKI NG LO T S, MADE BY N ORT H BEACH TOWN
CENT ER DEVELO PM ENT, LLC, AN AFFILIAT E O F PACIFIC START CAPITAL, LLC
May 17, 2017 - C 4 C
S ponsored by C ommissioner Arriola
Tourism, C ulture, and E conomic D evelopment
Status: Deferred to the January 19, 2018 FCWPC meeting, pending further discussions with the
developer.
12.DISCUSSIO N R EGARDI NG CO N SI DERING T HE IM PLEM ENTAT I ON O F A ST UDENT LO AN
REDUCT IO N PRO GRAM FOR CI T Y EMPLOYEES, TO HELP PAY O FF T HEIR ST UDENT D EBT
FAST ER
July 26, 2017 - C 4 I
S ponsored by C ommissioner R os en Gonzalez
Human R esources
Status: Deferred to the January 19, 2018 FCWPC meeting, pending draft procedure for student loan
forgiveness.
13.DISCUSSIO N R EGARDI NG T H E CO ST S RELAT ED TO HAVI NG MI AM I BEACH CO M M IT TO
ENSURING T HAT ALL G OVERN M ENT BUI LDING S WI LL BE POWER ED BY 100% REN EWABLE
ELECT RI CIT Y
S ponsored by C ommissioner R os en Gonzalez
E nvironment & S ustainability/P roperty Management
Status: Deferred to the January 19, 2018 FCWPC meeting, pending direction from the Sustainability and
Resiliency Committee.
14.DISCUSSIO N TO CONSIDER R EVI SING T HE “SPECI AL EVENT S R EQ U IREMENT S AND
GUIDELI NES,” B Y AM ENDI NG T H E FOLLO WING SEC T IO NS: “M I N IM UM REQ UIREM ENT S,”
“EXT ERNAL REVIEW PROCED U R E,” “BOO KING PO LICY,” “USE O F PUBLIC PROPERT Y,”
“SPECI AL EVENT FEE SCHEDULE, AND “SPECI AL EVENT CLASS M AT RIX,” HEREBY
PERM IT T I NG AN D REST RICT ING FURT HER USES ON PUBLI C PRO PERT Y AND REC ONCILING
SPECI AL EVENT FEES TO MAT C H RECENT INCREASES ASSO CIAT ED WIT H OT HER PU BLIC
Page 2 of 17
RENTAL USES
O ctober 18, 2017 - C 4 F
Tourism, C ulture, and E conomic D evelopment
Status: Deferred to the January 19, 2018 FCWPC meeting, pending outreach and changes to the policy.
15.DISCUSSIO N R EGARDI NG AN EXT ENSIO N TO T H E CIT Y’S LEASE AGREEM ENT S FO R
AFFORDABLE ELDERLY HO USI N G AT COUNCI L TO WERS SOUT H, LOCAT ED AT 533 C OLLINS
AVENUE, AND CO UNCI L TO WERS N ORT H, LO CAT ED AT 1040 CO LLINS AVENUE, FOR A PERIO D
OF FI FT Y (50) YEARS, CO M M ENCI N G JULY 9, 2026 AN D ENDING JULY 8, 2076
O ctober 18, 2017 - C 4 H
S ponsored by C ommissioner Arriola
Tourism, C ulture, and E conomic D evelopment
Status: Deferred to the January 19, 2018 FCWPC meeting, pending negotiations.
Page 3 of 17
O L D B U S IN E S S 1.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:UP DAT E ON E N ERG OV PE RMI T T I NG S Y STE M
ANALY S I S:
Discussion at Committee.
Page 4 of 17
O L D B U S IN E S S 2.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:DE BRI S RE M OVAL CON T R ACT S - H U R R I C A N E I R MA
ANALY S I S:
Discussion at Committee.
Page 5 of 17
O L D B U S IN E S S 3.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:DI S CUSSI O N RE GARDI NG A PROPOS A L TO BUI LD A P UBL I C B AY WALK
FROM 10-12 S T R EE T S AND A P UBL I C M A R I N A
ANALY S I S:
Discussion at Committee.
Page 6 of 17
O L D B U S IN E S S 4.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:DI S CUSSI O N TO C ONS I D ER AMENDI NG O U R CI TY E MPLOY E E L EAV E
OR DI NANCE FO R TI ME DONAT I ONS F OR EMP L OY E ES CAR I N G F OR I L L
FA MI LY ME M B ERS
HI S TO RY:
On August 31, 2017, this item was bought to the Finance and City Wide Projects Committee
(“F C WPC”) as a discussion item to assist employees who, because of long term personal illness,
have exhausted their benefits and would otherwise be subject to severe loss of income and benefits
during a continuing absence from work. At the direction of the F C WPC members, this benefit would
also be extended to the employee’s immediate family member. At the FCWP C meeting, it was
recommended that the Human Resources staff draft a policy to administer a Sick Leave Bank for this
extended benefit.
As reported previously, this is a very common benefit among other cities, counties and governmental
entities. We received existing Sick Leave Bank policies from multiple agencies which were useful in
the drafting of a Sick Leave Bank Administrative Procedure for City of Miami Beach employees.
T he Unclassified Leave Ordinance, Section 1613, Donation of Annual and Sick Leave, allows for
donations “in those instances where a permanent full-time employee is affected by a non-job related
illness which causes the total depletion of their annual leave and sick leave, other city employees may
donate annual and/or sick time on a pro-rata basis to that particular employee’s leave balance.”
Currently, the Human Resources department manages the request for leave donations. However,
establishing a Sick Leave Bank Administrative Procedure that includes a Sick Leave Bank Committee
will ensure that each request is handled based on established criteria in the procedure.
T he Sick Leave Bank Administrative Procedure will include the following:
City employees can voluntarily elect to be a part of the Sick Leave Bank by donating sick leave hours
and receiving sick leave hours from the Sick Leave Bank. Leave contributed to the bank will not be
returned unless the program is discontinued at which time the return would be predicated on a
prorated basis.
Sick leave hours are available for documented Family Medical Leave (“FML”) eligible illnesses or
injuries of the employee or an Immediate Family Member, as certified by UNUM (the City’s FML and
disability administrator).
Page 7 of 17
T he Sick Leave Bank will be administered by the Human Resources Department Sick Leave Bank
Committee.
T he Sick Leave Bank is not intended to compensate any members for workers’ compensation injuries
or illnesses.
T he Sick Leave Bank is not intended to compensate nor shall it be used for maternity leave, elective
surgery or drug/alcohol rehabilitation.
A member of the Sick Leave Bank shall not be allowed to engage in any gainful occupation or other
physical activities that may be detrimental to his/her recuperation.
Each member of the Sick Leave Bank shall be entitled to receive a maximum of 240 hours for any one
illness or injury, per fiscal year. T he hours received can be used consecutively, intermittently or in
increments of a quarter hour (.25), as needed.
Members of the Sick Leave Bank will be required to sign form acknowledging receipt and acceptance
of the rules as set forth in this Administrative Procedure.
T he draft Sick Leave Bank Administrative Procedure is attached for your review.
CO N C L U SI ON:
T his administration is recommending that the Sick Leave Bank Administrative Procedure be approved
by the FCWP C for Unclassified and Others staff. As to employees in classifications governed by
union contracts, implementation of this Administrative Procedure is contingent upon collective
bargaining and approval by the unions; to the extent such approval is necessary
AT TA C H MENTS:
De scription Ty pe
SICK LEAVE BANK ADMINISTRATIVE PROCEDURE Other
Page 8 of 17
1
SICK LEAVE BANK ADMINISTRATIVE PROCEDURE
PURPOSE
It is the intent of the City of Miami Beach to establish a Sick Leave Bank for employees in the
Unclassified and Others salary groups that wish to participate in the donation and distribution of leave
following a serious personal or family illness or injury, once they have exhausted all appropriate leave
available. Admission into the Sick Leave Bank will be during the annual benefit open enrollment period.
The program will be administered by the Human Resources Department.
DEFINITIONS
Eligible Employee:
City of Miami Beach full-time or part-time employees who meet the following conditions:
1) He/she has regular status with accrued leave greater than 96 hours for full-time and 50 hours
for part-time.
2) He/she is eligible to accrue leave.
3) He/she has accrued more than one year’s sick leave that is available for the employee’s use on
the day that the contribution to the Bank is to be made.
4) An employee who enters the Drop Retirement Plan shall no longer be a member of the Sick
Leave Bank.
Family and Medical Leave Act or “FML”:
The Family and Medical Leave Act of 1993, 29 U.S.C. §2611 et. seq. FMLA is a labor law that entitles
eligible employees to take unpaid, job-protected leave for specified family and medical reasons.
Immediate Family Member:
FMLA designates an immediate family member as a spouse, son, daughter, parent or next of kin relative,
or a covered military service personnel who is recovering from a serious illness or injury sustained in the
line of duty while on active duty.
Sick Leave Bank Committee:
The Sick Leave Bank Committee shall be made up of five (5) employees designated by the Human
Resources Director to manage the Sick Leave Bank. The committee members shall have the authority to
make rule changes when necessary to retain the solvency of the fund. They shall ascertain that the time
is used by members solely for medically documented cases. They shall see that these rules are applied
fairly and without discrimination. This Committee shall also review and make determinations regarding
Hardship Leave Bank requests.
Unum:
Unum Life Insurance Company is responsible for managing the FML requests of all City employees.
POLICY
City employees can voluntarily elect to be a part of the Sick Leave Bank by donating sick leave hours and
receiving sick leave hours from the Sick Leave Bank. Leave contributed to the bank will not be returned
unless the program is discontinued at which time the return would be predicated on a prorated basis.
Page 9 of 17
2
Sick leave hours are available for documented FML eligible illnesses or injuries of the employee or an
Immediate Family Member, as certified by UNUM.
The Sick Leave Bank will be administered by the Human Resources Department Sick Leave Bank
Committee.
The Sick Leave Bank is not intended to compensate any members for workers’ compensation injuries or
illnesses.
The Sick Leave Bank is not intended to compensate nor shall it be used for maternity leave, elective
surgery or drug/alcohol rehabilitation.
A member of the Sick Leave Bank shall not be allowed to engage in any gainful occupation or other
physical activities that may be detrimental to his/her recuperation.
Each member of the Sick Leave Bank shall be entitled to receive a maximum of 240 hours for any one
illness or injury, per fiscal year. The hours received can be used consecutively, intermittently or in
increments of a quarter hour (.25), as needed.
Members of the Sick Leave Bank will be required to sign form acknowledging receipt and acceptance of
the rules as set forth in this Administrative Procedure.
PROCEDURE
Establishment of Sick Leave Bank Bank
1. An initial contribution of eight (8) hours for full-time or four (4) hours of part-time leave to the
Sick Leave Bank is required of all members. An employee may contribute a maximum of forty
(40) hours of accumulated sick or vacation leave during a fiscal year.
2. When the Sick Leave Bank is reduced to the minimum balance established by the Committee,
each member will be required to donate additional hours as may be necessary. Failure to
donate additional hours when requested will result in membership termination. Members that
are terminated may not re-enter the Sick Leave Bank until the next open enrollment period
which will be August of each year with an October 1st effective date.
Sick Leave Bank Benefits
1. A member may apply for leave after completing five (5) pay periods as a member of the Sick
Leave Bank.
2. An application for benefits shall not be submitted for any illnesses or disability which existed
prior to membership.
3. Requests shall not be submitted nor considered for short term benefits resulting from common
ailments; e.g. flu, cold, doctor or dentist appointments, maternity leave or elective surgery.
4. Applicants must deplete all accrued leave benefits prior to requesting Sick Leave Bank benefits.
5. Applicants must have made application for any available Short and/or Long Term Disability
benefits for which they may be eligible.
Page 10 of 17
3
6. Sick Leave Bank benefits may be used to provide assistance to a member during the required
elimination period prior to the start of Long Term Disability benefits.
7. Benefits may be extended upon the recommendation of the Sick Leave Bank Committee.
8. The recipient employee shall notify their Department Director or designee when the status of
the qualifying illness or disability has improved and the employee is able to perform in at least a
limited duty capacity.
9. Sick Leave Bank benefits will not be granted nor continued to a member in the event of one of
the following:
a. An employee is assigned to administrative leave or leave without pay.
b. When light (limited) duty is offered to and refused by the member and physical ability is
not a contentious point.
c. An employee initiates litigation against the City relative to injury or illness, excluding
petition for workers’ compensation benefits.
d. When an employee is injured on duty and is subsequently denied disability leave
benefits.
Request for Sick Leave Bank Hours
Applications for Sick Leave Bank hours shall be forwarded to the Sick Leave Bank Committee
representative, with all of the required signatures and include the following:
• Applicant’s name, department, division, and employee identification number
• Commencement date of illness or injury, and
• Confirmation email from Unum on certification of illness or injury.
The Sick Leave Bank Committee will process the request as following:
• Ensure all requirements are met and either approve or disapprove based on established criteria,
and
• Advise requesting employee when a request is not approved and provide explanation why the
request was denied, and
• Advise requesting employee when a request is approved.
Decisions of the Sick Leave Bank Committee are final and not cannot be grieved or appealed .
Approval or denial of Sick Leave Bank requests may be based upon :, but shall not be limited by the
following factors:
1. The employee’s attendance record;
2. Length of service;
3. Depletion of all sick leave, vacation and other hours;
4. Medically diagnosed with an unexpected, critical illness, in which a poor prognosis or long-term
recovery is determined; and
5. Whether the employee will be able to return to full-duty status.
Once approved, allocations will be processed on an as-need basis throughout the course of the
employee’s leave.
Page 11 of 17
4
Since employees receiving Sick Leave Bank benefits are in pay status, they accrue annual and sick leave.
These accruals should be charged to the employee as accrued, thus decreasing the amount of benefits
paid from the Sick Leave Bank.
An employee who separates from employment with the City with unused hours from the Sick Leave
Bank is not paid for the unused hours. Unused hours shall be credited back to the Sick Leave Bank. If
said employee is rehired, he/she will be considered a new employee and must accrue 96 hours for full-
time or 50 hours for part-time before becoming eligible to join the Sick Leave Bank again.
The Human Resources Director will investigate alleged abuse of the Sick Leave Bank program and if
abuse is found, the participating employee(s) are not allowed to donate or receive hours and the
employee(s) may be subject to disciplinary action.
Individual Hardship Request:
A Hardship Leave Bank may be established for an employee who is not a member of the Sick Leave Bank,
for the employee’s own illness or injury or that of an Immediate Family Member. These requests will be
considered Hardship Requests through a recommendation by the employee’s Department Director. All
requests will be reviewed by the Sick Leave Bank Committee and subject to the same factors for
approval as the Sick Leave Bank.
In order to be eligible to receive a Hardship Leave donation, an employee must meet the criteria of an
“Eligible Employee”, as described in the definition section of this administrative procedure.
Once the Sick Leave Bank Committee approves the creation of a Hardship Leave bank, employees may
donate accrued leave time to the designated employee with the hardship.
Donations of Excess Hours to the Sick Leave Bank:
Employees who have reached the annual maximum accrual of vacation leave may donate the leave to
the Sick Leave Bank.
Employees who are separating their service with the City may donate excess hours to the Sick Leave
Bank.
Any excess donated hours are non-refundable and will revert to the Sick Leave Bank. The donating
employee understands and agrees that all donated hours shall reduce his/her final leave settlement.
Collective Bargaining Contingency:
As to employees in classifications governed by union contracts, implementation of this Administrative
Procedure is contingent upon collective bargaining and approval by the unions,unions; to the extent
such approval is necessary.
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N E W B U S IN E S S 5.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:DI S CUSSI O N RE GARDI NG THE USE O F THE A U D I TORI UM AT T H E SO U T H
S H ORE COMMUNI TY CE N T ER, LOCATE D AT 833 6T H STREET, B Y SO U T H
FLORI DA S ENI O R S I N A C T I ON, I NC., FO R A PE R I OD TO RUN CO T ERMI NOU S
WI TH I T S E XI S T I N G L EAS E AGREEME N T, C OMME N CI NG F E B R U A RY 1, 2018
AND ENDI N G SE PTE MB ER 30, 2019
HI S TO RY:
T he City of M iami B each (“L andlord”) and S outh F lorida S eniors in Action, I nc, a F lorida not-for-profit
corporation (“Tenant” or “S F S I A”), are parties to a lease agreement dated O ctober 4, 2016 (“L ease”) for the
use of approximately 142 square feet of office space (“P remises”) on the 1st floor of the S outh S hore
C ommunity C enter, located at 833 6th Street (“C enter”). T he L ease was for a period of approximately three (3)
years, commencing S eptember 12, 2016 and ending S eptember 30, 2019. T he C enter provides space to various
not-for-profit, community service organizations that provide assistance to the M iami B each community including
Jewish C ommunity S ervices, M iami-Dade C ommunity Action Agency, L ittle H avana Activities and Nutrition
C enters of D ade C ounty, S outh F lorida Workforce I nvestment B oard and L ighthouse C hurch of M iami B each.
ANALY S I S:
S F S I A uses it current office to provide various services to the elderly community in M iami B each (i.e., food
distribution, healthcare eligibility, etc.). On November 20, 2017, the Administration met with S F S I A to discuss
their request to also utilize the auditorium at the C enter. T he auditorium consists of approximately 2,792 square
feet and is currently utilized by Jewish C ommunity S ervices for its senior meals program on M onday through
F riday between 8:00AM to 2:00P M . T he auditorium is also utilized by Lighthouse C hurch of M iami Beach for
church services on S undays between 9:00AM and 1:00P M .
S F S I A has requested to utilize the auditorium to provide additional services to the elderly community in Miami
B each for art classes (including singing practice by the M iami B each S enior C horus, which is managed by
F lorida Opera P rima, and F lamenco activities) and E nglish classes (including computer literacy from time to
time) on Monday through F riday between 2:00P M and 6:00P M . S F S I A would also like to provide immigration
clinics, possibly in conjunction with M iami-Dade C ounty, on a quarterly basis between 10:00AM and 3:00P M .
All of the classes and services would be provided at no cost.
CO N C L U SI ON:
T he Administration recommends in favor of allowing S F S I A to utilize the auditorium to provide classes and
services to the elderly community in M iami B each. T he Administration seeks direction from the Finance and
Page 13 of 17
C itywide P rojects C ommittee.
Page 14 of 17
N E W B U S IN E S S 6.
COMMIT T EE MEMORANDUM
T O: Finance and Citywide Projects Committee Members
F R OM:Jimmy L. Morales, City Manager
D AT E: December 15, 2017
SUB J ECT:DI S CUSSI O N RE GARDI NG THE TRA C K I N G OF TOTA L SHORT T ERM R ENTAL
V I OL AT I ON S I M PO SE D A GAI NST PRO PE R T Y OWNE RS
AT TA C H MENTS:
De scription Ty pe
Memo Memo
Page 15 of 17
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Members of the Finance & City Wide Projects Committee
FROM: Jimmy L. Morales, City Manager
DATE: December 15, 2017
SUBJECT: TRACKING OF TOTAL SHORT TERM RENTAL FINES IMPOSED AGAINST
PROPERTY OWNERS
Background
At the October 31, 2017 City of Miami Beach Commission meeting, a discussion item regarding the
tracking of total short term rental violations and associated fines imposed against property owners
was referred to the Finance and Citywide Projects Committee for discussion.
Thereafter, the Commission, at its March 9, 2016 meeting, adopted Ordinance 2016-4001 and
Ordinance 2016-4002 which amended Chapter 142-905(b)(5) and 142-1111(e) of the City Code
respectively. These two Ordinances established the following fine structure for illegal short term
violators:
A. If the violation is the first violation: $20,000
B. If the violation is the second violation within the preceding 18 months: $40,000
C. If the violation is the third violation within the preceding 18 months: $60,000
D. If the violation is the fourth violation within the preceding 18 months: $80,000
E. If the violation is the fifth or greater violation within the preceding 18 months:
$100,000
Additionally, at its March 9, 2016 meeting, the Commission established a procedure requiring the
Director of the Code Compliance Department to remit a letter to the Miami-Dade Property Appraiser
and the Miami-Dade Tax Collector, together with a copy of the Special Master Order adjudicating the
violation, notifying these governmental agencies that a single-family residential property was used
for transient rental or occupancy. This action may result in a homesteaded property owner losing
their tax exemption status.
Page 16 of 17
TRACKING OF TOTAL SHORT TERM RENTAL FINES IMPOSED AGAINST PROPERTY
OWNERS
Page 2
Analysis
Since the inception of the City’s new fine structure for violators of the Short Term Rental Ordinance,
the City’s Code Compliance Department has issued a total of 287 violations which equates to a total
of $8.1 million in initial fines assessed. The violations are summarized below:
The City Attorney’s Office resolved 19 of the 287 violations via Agreed Orders. These 19 violations
had fines initially totaling $400,000 and were settled for $72,000. Additionally, 60 violations have
been administratively closed out for the following reasons:
• 54 – Nolle Prosequi
• 3 – Closed by Action Memorandums
• 3 – Issued in Error
The remaining 208 violations equate to approximately $5.7 million dollars, which is summarized
below:
As of September 30, 2016, the City has collected $131,500 of the $5,693,500 in fines assessed. It is
estimated that approximately $3.8 million in fines issued to Property Owners are likely to be
recovered over time as a result of City liens issued and recorded against the subject properties
engaged in short term rentals. These fines appear on lien statements (estoppel letters) as an
amount owed to the City and are recovered at the time of sale or refinancing.
Approximately $1.9 million of fines issued to non-property owners such as agents, third parties,
tenants, or other are not likely to be recovered since there is no collateral to lien.
JLM/JW
Short Term Rental Violations
Issued To:Violations Appealed Closed Fines Owed Fines Paid Notice Phase
Property Owners 206 66 59 43 13 25
Agent/Third Party/Other 76 9 14 32 3 18
Tenant 5 1 0 2 0 2
Total 287 76 73 77 16 45
Short Term Rental Fines
Fines Issued To: Amount Paid Appealed Fine Owed Notice Phase
Property Owners 3,809,500 119,000 1,900,000 1,040,500 750,000
Agent/Third Party/Other 1,784,000 12,500 240,000 1,145,000 386,500
Tenants 100,000 - 20,000 40,000 40,000
Total 5,693,500 131,500 2,160,000 2,225,500 1,176,500
Page 17 of 17