2016-29546 Reso RESOLUTION NO. 2016-29546
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING REVISIONS TO THE FILM &
PRINT REQUIREMENTS AND GUIDELINES TO AMEND SECTION V,
PARAGRAPH E, WHICH IS ENTITLED HELICOPTER LANDINGS AND/
OR AERIAL FILMING UNDER 1000 FEET, THAT SERVES TO INCLUDE
THE FEDERAL AVIATION ADMINISTRATION'S UNMANNED AERIAL
SYSTEM(UAS OR DRONE)RULES,AND SETS FORTH THOSE PERMIT
REQUIREMENTS FOR UTILIZING A UAS OR DRONE FOR FILMING
WITHIN THE CITY.
WHEREAS, the City of Miami Beach (the"City") declares that it is in the best interest of its
citizens to ensure that film productions are compatible throughout the City, which is an
internationally recognized tourist destination; and
WHEREAS,the Administration acknowledges that specific measures must be taken in order
to minimize the disruptive impact and negative consequences of film production activities to
surrounding residential inhabitants and business entities; and
WHEREAS, the Administration has reviewed the Federal Aviation Administration's (FAA)
Unmanned Aerial System (UAS) Rule, Part 107, and determined that revisions to the current Film
and Print Requirements and Guidelines must encapsulate these regulatory allowances and
restrictions in order to ensure film use compliance in the City of Miami Beach; and
WHEREAS, the Film and Print Production Guidelines are provided in the attachment, and
these modifications are necessary to protect the public health, safety, and welfare from potential
problems associated with film and print productions utilizing a UAS or Drone.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby approve
and revisions to the Film & Print Requirements and Guidelines to amend Section V, Paragraph E,
which is entitled Helicopter Landings and/or Aerial Filming under 1000 Feet, that serves to include
the Federal Aviation Administration's Unmanned Aerial System (UAS or Drone) Rules, and sets
forth those permit requirements for utilizing an UAS or Drone for filming within the City.
PASSED and ADOPTED this, the f. _ , 2016.
ATTEST: P�\.., �
1, �`(� - =
:4' ' I `'MAY,ti OR P. (LAP`&EVINE
�. NUC� P :vh i �lJ, '
e ,'. APPROVED AS TO
A !' i ��• ' . I�, f A FORM&LANGUAGE
RAFAEL E. ' NA I' + , CI ,Y CLERK `. ,` •. \,. &FOR EXECUTION
L .6
City Attorney fA Date
T:\AGENDA\2016\September\ICED\Film and Print Guidelines UAS Amendment RESO Revised 9-7-16.doc �!
Resolutions - C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING REVISIONS TO THE FILM & PRINT
REQUIREMENTS AND GUIDELINES TO AMEND SECTION V, PARAGRAPH E,
WHICH IS ENTITLED HELICOPTER LANDINGS AND/OR AERIAL FILMING
UNDER 1000 FEET, THAT SERVES TO INCLUDETHE FEDERAL AVIATION
ADMINISTRATION'S UNMANNED AERIAL SYSTEM (UAS OR DRONE) RULES,
AND SETS FORTH THOSE PERMIT REQUIREMENTS FOR UTILIZING A UAS
OR DRONE FOR FILMING WITHIN THE CITY.
RECOMMENDATION
The Administration recommends approval of the amended Film& Print Requirements and Guidelines
in order to mirror the new FM requirements and to enable the City to have enforcement of the
regulated use. While certainly UAS use, legal and illegal, will continue and the City may have to
amend guidelines to mirror future FM allowances, these regulations provide clear direction to the film
industry and, ideally, will deter irresponsible UAS users from filming in Miami Beach.
ANALYSIS
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established
procedures and criteria for the issuance of film and print permits in the City. At the same time,
the City Commission adopted a companion Resolution that established Film and Print
Guidelines. The Film. & Print guidelines outline insurance, indemnification and application
requirements; basic requirements for municipal services; do's and don'ts of filming; restrictions;
and requirements. They also include requirements for residential production requests, as well
as more detailed enforcement policies. These guidelines have been designed to allow the City
flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature,
and flexibility in the review and approval process allows City staff to be proactive and responsive
in accommodating the varying needs of this industry, while mitigating any impacts of the
production on the neighborhood(s).
The Tourism and Cultural Development Department is responsible for facilitating compatible
production and issues Film and Print Permits. The Office serves the needs of the City's thriving
production community while safeguarding the City's neighborhoods and businesses. The
Office of Film and Special Events issues close to 1,000 film permits each year and is an
information resource to productions, businesses and residents alike.
Page 514 of 2277
The Film & Print Requirements and Guidelines have undergone revisions over the years to
meet changing trends and needs in the industry and community, most recently in allowing
individuals an exemption from permitting if they have no additional crew, cast or large
equipment. In the past few years, the availability and proliferation of Unmanned Aerial Systems
(UAS or Drones) has challenged the enforcement abilities of the City and Federal Aviation
Administration (FAA). The FAA had until recently been issuing individual exemptions to UAS
operators for filming purpose, but most operators were unable to comply with these regulations
and most commercial drone filming was done without permits. The FAA recently changed their
position and, as of August 29, 2016, has initiated the new Small UAS Rule (Part 107), which
legalizes commercial use for UAS/ drones weighing 55 pounds or less, with several key
restrictions and requirements. The City of Miami Beach Film & Print Guidelines have therefore
been amended to reflect the FAA restrictions and requirements, as well as requiring a film
permit for UAS aerial filming, to ensure proper protection measures are taken and to be able to
enact enforcement for unpermitted users. The requirements and restrictions include:
• Applying for a "Miami Beach aerials" Film & Print permit for any UAS filming activity;
• Having a licensed pilot or certified operator, with proof of this license or certification
required fora permit;
Providing insurance for the operator, to the City's specifications;
• Providing detail about the UAS to be used for filming, including the weight of the
UAS;
Providing a detailed flight path and time frame to fit within the FAA restrictions of
lower than 400'during
Keeping the area free of the general public via Miami Beach Police or other
staffing.
The FAA may amend or revise the UAS Rule to allow heavier UAS or other allowances in the
future. The revised guidelines allow changes to reflect FAA amendments as well as for UAS
filming requests that exceed these restrictions to seek approval from the FAA for a Certificate of
Waiver.
CONCLUSION
The Administration recommends approval of the amendments to the Film & Print Guidelines.
KEY INTENDED OUTCOMES SUPPORTED
Improve Alliance With Key Business Sectors, Namely Hospitality, Arts, & International Business With
A Focus On Enhanced Culture, Entertainment, &Tourism
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
a Resolution
Page 515 of 2277