Ordinance 2021-4430 ORDINANCE NO. 2021-4430
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE I, ENTITLED "FILM
AND PRINT PRODUCTIONS," BY AMENDING SECTION 12-1 THEREOF,
ENTITLED "FILM AND PRODUCTION PERMITS," TO PROVIDE THE CITY
MANAGER WITH THE DISCRETION TO AUTHORIZE A FILM OR
PRODUCTION PERMIT FOR AN INDIVIDUAL OR ENTITY PREVIOUSLY
ISSUED A NOTICE OF VIOLATION IN THE PRECEDING TWELVE MONTH
PERIOD (FOR A FIRST OFFENSE ONLY), IF THE CITY MANAGER
DETERMINES THAT THE GRANTING OF THE PERMIT IS IN THE BEST
INTERESTS OF THE CITY, AND THE PERMITTEE AGREES TO ANY SUCH
ADDITIONAL CONDITIONS AS MAY BE DEEMED NECESSARY BY THE CITY
MANAGER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to incentivize film and print
productions in the City, in an effort to brand the City as an international resort destination,
while still maintaining quality of life for the City's residents; and
WHEREAS, the existing provisions of the City Code are draconian in that they do not
provide the City Manager with any discretion, even in the context of a first offense, to grant a
permit to any entity previously issued a notice of violation in the preceding twelve month
period, even if the City Manager'determines that the granting of the permit is otherwise in the
best interest of the City, and the permittee agrees to any such additional conditions as may be
required by the City Manager; and
WHEREAS, the Mayor and City Commission desire to amend the ordinance to
incentivize film and print productions, provided that permittees agree to comply with any such
additional conditions the City Manager may determine are necessary to protect the public
and address quality of life concerns for residents and businesses alike.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 12 of the Code of the City of Miami Beach is hereby amended as
follows:
Chapter 12
ARTS, CULTURE, AND ENTERTAINMENT
* * *
ARTICLE I.
FILM AND PRINT PRODUCTIONS
Sec. 12-1. Film and Print Production Permits.
The city manager or the manager's designee, shall have the authority to issue, modify or
revoke permits for film and print productions, in accordance with criteria set forth in this section
and the film and print regulations approved by separate resolution of the city commission.
(1) [Unlawful without permit.] Except for filming by individuals for personal or
educational use, and "professional journalists" collecting, photographing,
recording, or reporting "news," as such terms are defined in F.S. §90.5015, it shall
be unlawful to engage in film and print production activities on public property,
residentially zoned (private) property, or in film and print activities that require any
city services, without a film and printpermit.
(2) [Additional regulations and conditions may be imposed.]The city manager or the
manager's designee may impose additional reasonable regulations and conditions
to a specific permit to ensure the public health, safety and welfare, and peaceful
enjoyment of surrounding residents and businesses, at anytime.
(3) [Application needed.]Individuals or businesses wishing to conduct film, television,
video and/or photography projects on public property, private residential property,
or any location that impacts or requires city services, must apply in advance to the
city, providing a completed application, including proof of insurance and
indemnification, as required by the film and print regulations, and receive a permit,
before any film or print production activity maycommence;
(4) City services. Upon receipt of a completed permit application, the permit will be
reviewed to determine what, if any, city services will be required. Requirements
may vary for each production.The city manager or the manager's designee, in their
discretion, may require additional city services and/or monetary deposits not
specifically listed or codified.
(5) Film and print regulations. The mayor and city commission may adopt by resolution
film and print regulations and the city manager or the manager's designee will
administer the regulations as they pertain to film and print productions working
within the city. The manager may authorize amendments to the regulations
proposed by the administration and shall present such amendments to the city
commission for approval, by resolution.
(6) Code of conduct. The city code of conduct for film and print productions shall be
distributed with all notification and/or signature forms. Copies are available in the
office of arts, culture and entertainment. • • -
(7) Parking. Allproductions requiring prearranged parking must receive prior approval
. from both the parking department and the city manager or the manager's designee
before a permit may be issued. Unless prior approval is received for specific
requests, all production vehicles must park legally at all times.
(8) Moratoria. The city manager or the manager's designee, at his sole discretion, is
authorized to place a temporary moratorium on the issuance of film and print.
production permits for locations and/or neighborhoods which have experienced
overuse as a result of high volume and/or heavy impact filming. The moratorium
shall remainin effect fora maximum period of six months but may be renewed for
: additional six-month periods if inthe discretion of the manager, the impact:of:the •
prior filming activities in the area warrants extension.
• (9) Conflict with noise provisions. The city manager or. the manager's designee, may
issue a:permit that authorizes filming in conflict with Chapter 46, Article IV, of this
City Code, or other applicable noise ordinance, only where the applicant has met
all of the city's requirements for obtaining a permit as prescribed in this division and
the film and print regulations, and the filming cannot be performed incompliance
with the applicable noise ordinance. Such a permit must specify the precise manner
by which thenoise ordinance may be exceeded, by what duration, and at what
locations. Such permit authorization maybe modifiedor revoked if in the discretion
: of the manager, or designee, the authorizationexcessively negatively impacts the
: surrounding neighborhood. Having a permit shall not relieve the permit holder from
compliance with all other applicable local, county,state•or federal laws:
• (10) Enforcement and penalties.
(a) Civil fine for violators. The following civil.fines:must be imposed for a violation
of section 12-1(1), for those violations incurred for not obtaining a film and
print permit:
1. First offense committed for violation of section 12-1(1), within a 12-
month period must be a fine of$1,000.00;
2:. Second offense within a 12-month period must be a fineof$3,000.00;
3. Third offense and subsequent offenses within a 12-month period must
be a fine of$6,000.00.
• (b) Civil fine for violators.The following civil fines must be imposedfor a violation :
of this section, except for those penalties set forth in subsection(10)(a):
• - 1:: First offense within a 12-monthperiod must be a fine of$500.00;.-
2. Second offense within a 12-month period must be a fine of $1,500.00;
3. Third offense and subsequent offenses within a 12-month period must
• be a fine of$3,000.00.
(c) ' Enforcement. The Code Compliance Division or the Miami Beach. Police
Departmentshall enforce the provisions of this section. This shall. not
• preclude other law enforcement agencies or regulatory bodies from any
action to assure compliance withthis section,and all applicable .laws. If an
enforcing officer finds a violation of this section, the officer may issue a Notice
of.Violation to the violator. The Notice of Violation must inform the violator of
the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paying the fine, notice that the Violation may be
appealed by requesting anadministrative hearing within tendays after service
of the Notice of Violation, and that failure to appeal the violation within the ten
days, shall constitute an admission of the violation and a waiver of the right to
a.hearing.
(d) Rights of violators;payment off ine; right to appear; failure to pay civil fine
or to appeal.
1. A violator who has been served with a Notice of Violation must elect to
either:
a. Pay the civil fine in the manner indicated on the.Notice of Violation;
or
b. Request. an administrative hearing before a special master to
appeal the Notice of Violation, which must be requested within ten
days of the issuance of the notice ofviolation.
2 The procedures for appeal byadministrative hearing of the Notice of
Violation shall be as set forth in sections 30-72 and 30-73.
3. . If the named violator, after issuance of the Notice of Violation,fails to pay
the civil fine; or fails to timely request an administrative hearing before a
special master, the special master may be informed of such failure by
report from the officer. Failure of the named violator to appear the
decision of the officer within the prescribed time period mustconstitute a
waiver of the violator's right to an administrativehearing beforethe
special master, and must be treated as an admission of the violation,
which fines and penalties to be assessed accordingly.
4. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which maybe enforced in .the same
manner as a court judgment by the sheriffs of this state, including levy
against the violator's real or personal property, but shall not bedeemed
to :bea court judgment except for enforcement purposes. After two
months from the recording of any such lien that remains unpaid, the City
may foreclose or otherwise execute upon the lien.
5. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
6. . The Special Master shall be prohibited from hearing themerits of the
Notice of Violation orthe consideration of the timeliness of a request for
an administrative hearing, if the violator has failed to request the
administrative hearing within ten days of theissuance of the Notice of
Violation.
7. The Special Master shall not have discretion to alter the penalties
prescribed in subsections (10)(a) and(b).
(e) Enhanced penalties. The following enhanced penalties must be imposed, in
addition to any mandatory fines set forth in subsections (10)(a)and (b)above,
for violations of this Section:
1. Enhanced Penalties for Subsection(10)(a):
a. The film and print production activity must be immediately
terminated, upon confirming a violation has occurred, by the Miami
Beach Police Department and the Code Compliance Division.
b. Violations for subsection (10)(a), within a residential zoning district,
must be issued to the property owner and the production company,
who shall be joint and severally liable for the violation.
c. The City Manager must decline to issue a.Film and Print Production
Permit to such person individual, entity, business, company or any
affiliates that have violated this subsection within a 12-month period.
The prohibition from receiving the Film and Print Production Permit
must be for a one-year period of time. The City Manager is
authorized to waive the requirement of this subsection (e)1.c. if the
City Manager determines that the granting of a specific permit is in
the best interest of the City, provided that the permittee agrees to
any such additional conditions that may be required by the City
Manager including, but not limited to, restrictions as to hours of
filming, noise,parking and/or the hiring of private security or off-duty
police officers, or any other enhanced measures as may be required
by the City Manager to ensure the public health, safety and welfare,
and peaceful enjoyment of surrounding residents and businesses at
all times. The City Manager's discretion to waive the requirements
of this subsection (e)1.c. shall be limited to first offense violations
only.
2. Enhanced Penalties for Subsection (10)(b):
a. If the offense is a fourth offense within the preceding 12-month
period of time, in addition to the fine set forth in subsection (10)(b),
the property owner, production company, permittee or any affiliates
must be prohibited from receiving a Film and Print Production
Permit for a three-month period of time.
b. If the offense is a fifth offense within six months following the fourth
offense, in addition to any fine set forth in subsection (10)(b), the
property owner, production company, permittee or any affiliates
mustbe prohibited from receiving a Film and Print Production
Permit for a six-month period of time. The property owner,
production company or permittee must be deemed a habitual
offender.
c. The City Manager may decline to issue future Film and Print
Production Permits to such person, individual, entity, business,
company or any affiliates that have been deemed habitual
offenders pursuant to this section for a period of one year, or such
other period of time acceptable to the City Manager.
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, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
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 part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word"ordinance"may be changed to"section,""article,"or other appropriate
word.
SECTION 5. EFFECTIVE DATE. Au-,iThis Ordinance shall take effect on the 7 day of ,2021.
PASSED AND ADOPTED this ca day of /u 2021.
ATTEST:
Dan Gelber, Mayor
/ g/z1 .►
Rafael E. Granado, City Clerk
Underline denotes additions _
denotes deletions •
.. APPROVED AS TO
(Sponsored by Vice-Mayor Michael klt!CO r)ORA1E% FORM & LANGUAGE
Gongora) '�,� .. �? g_- &;FOR EXECUTION
•
City Attorney M Dote
Ordinances -R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
F ROM: Rafael Paz,Acting City Attorney
DATE: July 28, 2021
10:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 12 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE I, ENTITLED "FILM AND
PRINT PRODUCTIONS," BY AMENDING SECTION 12-1 THEREOF,
ENTITLED "FILM AND PRODUCTION PERMITS," TO PROVIDE THE CITY
MANAGER WITH THE DISCRETION TO AUTHORIZE A FILM OR
PRODUCTION PERMIT FOR AN INDIVIDUAL OR ENTITY PREVIOUSLY
ISSUED A NOTICE OF VIOLATION IN THE PRECEDING TWELVE-MONTH
PERIOD (FOR A FIRST OFFENSE ONLY), IF THE CITY MANAGER
DETERMINES THAT THE GRANTING OF THE PERMIT IS IN THE BEST
INTERESTS OF THE CITY,AND THE PERMITTEE AGREES TO ANY SUCH
ADDITIONAL CONDITIONS AS MAY BE DEEMED NECESSARY BY THE
CITY MANAGER; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to pond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Page 878 of 2012
Sponsor
Commissioner Michael Gongora and Co-sponsored by Commissioner Mark Samuelian
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
❑ City's Film and Production Guidelines
❑ Additional Information
Page 879 of 2012
A C
City of Miami Beach, 1700 Convention Center Drive,Miami Beoch,FL 33139 www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber Second Reading/Public Hearing
Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz,Acting City Attorney
DATE: July 28, 2021
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 12 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED"ARTS,
CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE
I, ENTITLED "FILM AND PRINT PRODUCTIONS," BY AMENDING
SECTION 12-1 THEREOF, ENTITLED "FILM AND PRODUCTION
PERMITS," TO PROVIDE THE CITY MANAGER WITH THE
DISCRETION TO AUTHORIZE A FILM OR PRODUCTION PERMIT
FOR AN INDIVIDUAL OR ENTITY PREVIOUSLY ISSUED A NOTICE
OF VIOLATION IN THE PRECEDING TWELVE MONTH PERIOD (FOR
A FIRST OFFENSE ONLY), IF THE CITY MANAGER DETERMINES
THAT THE GRANTING OF THE PERMIT IS IN THE BEST INTERESTS
OF THE CITY, AND THE PERMITTEE AGREES TO ANY SUCH
ADDITIONAL CONDITIONS AS MAY BE DEEMED NECESSARY BY
THE CITY MANAGER; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner Michael
Gongora, is submitted for second reading/public hearing at the July 28, 2021 meeting of the City
Commission.
Currently, the City Code provides that the City Manager must decline to issue a film and print
production permit to any person who has been issued a notice of violation for failing to obtain a
film and print production permit in the preceding twelve months. As currently drafted, the City
Code therefore provides no discretion whatsoever to the City Manager with regard to the issuance
of a subsequent film and print production permit, even if the film and print production is one which
the City would otherwise seek to support as part of its ongoing efforts to incentivize film and print
production in the City.
The proposed Ordinance, if adopted, would simply provide the City Manager with the discretion
(but not the obligation) to issue a film and print permit to any person, provided that (1) the City
Manager determines that the granting of such permit is in the best interest of the City; (2) the
Page 880 of 2012
permittee otherwise satisfies all of the requirements of the City's Film Production Guidelines (a
copy of which is attached to this Commission Memorandum), including, without limitation,
requirements relating to quality of life concerns, such as noise, hours of filming, parking, private
security, off-duty police officers, and the like; (3)the permittee has agreed to any such additional
restrictions or conditions as the City Manager may require; and (4) the permittee has no more
than one (1) prior violation in the preceding twelve (12) months.
RAP/AB/MAF/bhs
•
•
Page 881 of 2012
CITY OF MIAMI BEACH -FILM AND PRINT OFFICE
(305)673-7070 / film anmiamibeachfl.gov
FILM&PRINT REQUIREMENTS AND GUIDELINES
I. WHO DOES AND DOES NOT NEED A FILM PERMIT? 1-2
II. PERMIT APPLICATION REQUIREMENTS 2-3
III. NEWS MEDIA 3
IV STUDENTS
V. CITY SERVICES 4-10
VI. RESIDENTIAL NEIGHBORHOOD FILMING 11-17
VII. MORATORIA 17
VIII.ENFORCEMENT 17-19
IX. MISCELLANEOUS 19
X. REVISIONS 20
XI. COMMUNITY 20
XII. OTHER GOVERNMENT AGENCIES 20-21
XIII.ASSOCIATION&PROPERTY OWNERS 21
XIV.SUMMARY 21
I. WHO DOES NOT NEED A Holo&PRINT PERMIT?
Single cameraman utilizing a film or video camera, hand-held or with a tripod only,
with no assistants, crew or models, who do not assert exclusive use of City
property are exempt from obtaining a Film & Print Permit.
News teams under the "breaking news" waiver only. When covering breaking
news does not allow time to request a permit (produced pieces, even for news, do
need a Film & Print permit)
Productions completely contained within private commercial property do not
additionally need to pull a permit with the City, since the activity taking place within
commercial property is a private agreement between the property owner or
management and the Production. There are some minor exceptions listed below.
WHO DOES NEED A FILM&PRINT PERMrr?
All commercial film, television, video, online media, radio and photography projects
(hereafter referred to as "Productions") except for the single user and breaking
news exemptions and completely within private commercial property as described
above, must obtain a Film & Print permit from the City of Miami Beach (hereafter
referred to as "City").
Film & Print permits are primarily issued for public property and private residential
properties on Miami Beach. Most production activities taking place on private
commercially zoned property(like hotels, restaurants, stores and night clubs)will not
require permitting. The Production can request a Film & Print permit to support
filming inside private commercial property for the purpose of renting meters for
production vehicle parking or for picture, use of off-duty police or fire staffing for stunt
Film &Print Production Guidelines
Page 1 of 21
Page 888 of 2012
or pyro work that requires smoke detectors and fire alarms to be temporarily
disarmed, or for taking advantage of special City rates for crew parking. Another
instance where the production may pull a Film and Print permit for filming on private
commercial property is when the property does not yet have a Certificate of
Occupancy, or temporary sets need to be constructed inside that do not meet
building code regulations. In these cases, the permit shall be available for
inspection at the site on which the production is to occur. Café areas that are a
concession on public property will need both approval from the private business
and a Film & Print permit.
II. PERMIT APPLICATION REQUIREMENTS
The City requires the following documents for all Film & Print applications (all 3
must be done under the name of the same permitting entity since all the
paperwork has to match):
1. A completed permit request. www.filmiamibeach.com / Apply for a
Permit.
2. Valid certificate of insurance for a minimum of one million US dollars (or
currency equivalent) in general liability coverage, naming the City of
Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139
as additional insured and certificate holder;
3. Completed Indemnity Agreement that has been signed and sealed
(notary seal or corporate seal), found at www.filmiamibeach.com / Forms.
REQUESTS FOR FILM&PRINT PERMITS
Requests should be received no less than two (2) working days prior to the start of
production in commercial districts and five (5) working days prior to the start of
production in residential areas of Miami Beach, unless additional time is required
due to the nature of the request. Expedited requests can be accommodated, but
all the deliverable elements are the same.
Once coordination is completed, applicants are issued a Film & Print Permit that is
date, time, and location specific, (except for "Citywide" permits as explained
below.) Locations for Film & Print permits are reserved on a first-come, first-serve
basis, regardless of the size or scope of the production.
Please note that the more complex your shoot is, the more time you will need to
secure your permit. Road closures and use of residential property take about a
week. Citywide requests for first time applicants take about two days on average,
faster or slower depending on how long it takes the applicant to submit the
requested documents. Once your paperwork is on file, Citywide requests can be
turned around faster. Please give your team at least 2 days for hiring a police officer
(more during peak times) and at least 3 days for reserving meters. Stunts and
explosions need coordination with several other depts. and take a minimum of 1
week, more during peak times. The bigger the request, the more time you will need.
The Film & Print Office issues permits Monday through Friday 9am to 5pm, once all
the coordination is complete. We do not hold the permit once it is ready to be issued
to meet any arbitrary timelines. Basically permits are processed faster if the client
completes the requirements given at the time permit is requested, faster. The Film &
Print Office makes every effort to accommodate all reasonable requests that do not
Film &Print Production Guidelines
Page 2 of 21
Page 889 of 2012
meet the above noted minimum time frames.
MIAMI BEACH CITYWIDE PERMITS are used primarily for B-roll, host stand-ups, news
and travel packages, reality shows, and photography, they allow for small film or
photo teams of twelve people or less with handheld equipment that can be quickly
and easily transported (drones not included), to film or shoot on Miami Beach
streets, sidewalks, City beaches and parks without an officer present. (Please note
that some Parks have set rental fees for the use of football or baseball field, track,
tennis or basketball courts, etc.). Productions using a Citywide permit cannot block
pedestrian or vehicular traffic or impact private businesses or concessionaires,
without prior permission. Equipment allowed includes camera, tripod, reflectors and
battery operated lights. No generators, grip equipment or cabling allowed with a
Citywide permits as those elements would require an off-duty officer present. No
drone shots or driving shots or use of a picture car. Citywide permits can be
requested up to 1 month at a time as long as the insurance and indemnity on file
is current. Citywide permits for photo and for ENG teams (video) have a few
distinctions as follows:
Citywide permits for photography are used for most photography work, even if the
team is more than 12, in those cases the Production needs to hire an off-duty
officer. This is done because photography teams need the flexibility to move
locations and are generally less impactful than ENG teams even if they have more
crew. Parking arrangements for RVs in meters and on the beach (with an officer
escort and vehicle beach access passes) can be made for photography Citywide
permits through the Film & Print Office and with coordination of the Parking
Department. Generally speaking ENG teams (video) using Citywide permits do
not require reserved parking, except when using a satellite truck. ENG teams
larger than 12 people will need an officer and usually need a larger location
specific permit that can require notification to affected businesses and
accommodations for production parking or other additional coordination, and
therefore no longer can act within the bounds of a Citywide permit and must
request a location specific permit.
III. NEws MEDIA
"Professional journalists" collecting, photographing, recording, or reporting "news" as
defined in section 90.5015 of the Florida Statutes are exempt from obtaining a
permit, otherwise known as the "Breaking News" exemption. Any produced pieces
that do not fall under the "Breaking News" umbrella and uses that require City
coordination, inclusive of vehicles accessing authorized areas requiring prior
written authorization for access (e.g, beach and park areas) must request a Film &
Print permit.
IV. STUDENTS
Students must comply with all permitting requirements. Students are to apply under
their school's name and will be asked for their institution's insurance if an active
certificate of insurance is not already on file. To tie them in to the school's
insurance, they must provide a copy of their valid student i.d., and a copy of their
course schedule with the class they are doing the film project for highlighted.
Schools and government institutions are exempt from the Indemnity Agreement
Film &Print Production Guidelines
Page 3 of 21
Page 890 of 2012
requirement.
V. CITY SERVICES
Upon receipt of the completed permit application or written request, the Film & Print
Office will determine which City services will be required. The City will determine
minimum staffing levels appropriate for proposed Productions. Because no two
production requests are the same, requirements may vary for each Production. The
following is a general list of frequently required services. The Film & Print Office
reserves the right to require additional City Services and/or monetary deposits not
listed below.
A. USE OF OCEAN RESCUE HEADQUARTERS AND LIFEGUARD STANDS
Approval of the Ocean Rescue Chief is required to shoot around the Ocean
Rescue Headquarters at 10th Street and South Pointe Park. Use of active on-
duty lifeguard stands is generally not allowed for life safety reasons with few
exceptions, although they may be used as a backdrop as long as the
Production does not enter the coned of safety perimeter around the active
stand or impede the lifeguard's line of vision in anyway. Water activities and
stunts will require the presence of off-duty Miami Beach Ocean Rescue
lifeguard(s). Generally speaking if cast and/or crew is in the water above knee
level they will need an off-duty lifeguard present.
B. USE OF THE CONVENTION CENTER AND CITY THEATERS AND OTHER RENTAL VENUES
A Film & Print permit is not necessary if the production does a rental directly with
the enclosed and managed venue. The production will only need a permit if they
have elements outside on public property, the rental is in a City park, or the
Production needs to secure meters for production parking or picture.
C. GOLF COURSES
All permit applicants must contact the management of these facilities to obtain
approval and/or pay any applicable fees for the use of these facilities prior to any
permits being issued. Golf Courses are not included as part of the "City-Wide"
permit, and are not considered City parks in terms of permitting. Golf Courses
across the board are difficult to permit because management does not want to
interrupt play.
D. AUTHORIZED VEHICLE ACCESS PASSES
Vehicle Access Policy - If you need, for logistical reasons only, to place
Production Vehicles on the beach, in parks or other authorized-access-only
areas, please go over that request with the Film & Print Office. Only production
vehicles deemed necessary will be allowed access providing that all production
vehicles entering and exiting the beach or park must have a Vehicle Access
pass displayed and an off-duty officer escort. Vehicles must travel with the radio
off and both the driver side and passenger side windows down and drive no
more than 5 minutes per hours with the lights on. Vehicles must park in the area
pre-approved by the Film & Print Office and written on the issued passes, and
not block the emergency access lane on the hard packed sand on the beach
east and west of dunes at anytime. All restrictions are on the back of the
physical pass. The City is very dedicated to public safety and is sensitive to
Film &Print Production Guidelines
Page 4 of 21
Page 891 of 2012
vehicles driving in areas that are also open to pedestrians. If the area requested
has a dedicated concessionaire, you will need signature approval from
concessionaire to park in that area.
Vehicle Access Passes are $150 per pass (but the first pass each day is free
as a production incentive) and require an off-duty escort at the production's
expense for the duration of the use of the pass. Vehicle Access Passes are
issued at the Film & Print Office once an off-duty officer has been secured. As
another production incentive, during the off-season, from June through
September, the cost for Vehicle Beach Access Passes are 1st one free, each
additional $75, the off-duty requirement is the same.
Below are the Vehicle Beach Pass restrictions listed on the back of each issued
pass for your reference, please make sure each of your drivers reviews before
entering the authorized-vehicle-only area:
All operating vehicles on the beach, park or other authorized use area shall follow
the procedures listed herein:
1. Due care and caution will be utilized at all times while driving any
vehicle on the beach, park or other authorized use area.
2. All vehicles on the beach, park or other authorized use area shall
enter and depart the area at the nearest authorized access point to
the call.
3. Prior to entering the beach, park or other authorized use area,
vehicle headlights and overhead flashing lights (if equipped) or
flashers will be turned on.
4. Drivers must turn off radios and shall roll down both the passenger
and driver's side front windows of their vehicle while operating a
vehicle on the beach, park or other authorized use area.
5. Maximum speed allowed on the beach, park or other authorized
use area is 5 MPH.
6. Vehicles, SUVs, and trucks are prohibited from driving on the soft
sand where hard pack sand exists.
7. Vehicles, SUVs, and trucks shall stay west of the garbage cans
on the hard pack sand at all times.
8. Do not drive over hills or berms (dunes) or near objects that may
obstruct your view.
9. If you stop and exit your vehicle, walk completely around the
vehicle prior to reentering your vehicle and moving it.
10.Traffic cones (orange, 18" high) must be placed at the front and
rear of vehicles when parked on the beach, park or other authorized
use area.
11. Use of a cellular phone or walkie talkies while the vehicle is in
motion is prohibited.
12. Personal vehicles are prohibited on the beach, park or other
authorized use area at anytime.
These procedures are to be complied with at all times by anyone operating a
vehicle on the beach, park or other authorized use area. Failure to comply with
these procedures may result in immediate revocation of the vehicle access pass
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and the Film & Print permit and termination of the production.
E. HELICOPTER LANDINGS AND/OR HELICOPTER OR UAS(DRONE)AERIAL FILMING
UNDER 1000 FEET
• The City of Miami Beach has jurisdictional authority for all aerial filming that
occurs from ground level to 1000 feet above ground. This' includes all
waterways, bridges, beaches and any other area that is within the
boundaries of the City.
• A letter of authorization from the City Manager is required for any helicopter
landings on Miami Beach prior to the issuance of the Film & Print permit. A
complete request package must be submitted no later than four working
days prior to the production date.
• As part of a piloted helicopter/ low-flight request for aerial filming over the
City of Miami Beach and below 1000 feet, a production must request a Film
& Print permit and submit the following: Pilot's license and insurance and the •
Pilot's FAA low-fly waiver.
• For drones aka Unmanned Aerial System (UAS) requests for aerial filming
over the City of Miami Beach (in which filming occurs below 1000 feet
utilizing a UAS weighing 55 lbs or less,) the Production must follow all
requirements of the FAA's UAS Rule (currently Part 107 but may be further
amended by the FAA) and must obtain a Film & Print permit for "Miami
Beach Aerials," which details the proposed date, time, location and flight
pattern, to secure this permit the Production needs to submit the following:
• Proof of insurance from the operating company/UAS owner;
• Proof of pilot's license or airman certification with a small UAS rating
or remote pilot certificate (per FAA requirements) for pilot or pilot
supervisor to be on site;
• FAA approved UAS registration (14 CFR part 47 or part 48) and
FM approved documentation detailing the weight and condition for
safe operation of the aircraft to be used for requested activities.
• Requests for Film & Print permits for "Miami Beach Aerials" utilizing a UAS
are subject to the following FAA restrictions:
• UAS flight operation must take place only during daylight hours,
defined as from 30 minutes after sunrise to 30 minutes prior to sunset;
• UAS flight operation must remain lower than 400 feet above ground
level;
• UAS flight speed must remain lower than 87 knots (100 mph);
• UAS operator must maintain unaided (except by corrective lenses)
visual line of site with the aircraft at all times; and
• UAS operation is prohibited over the general public at all times and
must be only within an area contained and populated solely by the
production's cast and crew, with production fully indemnifying the City
of Miami Beach for such use.
UAS requests are not part of"Citywide" Film & Print permits and Productions will be
required to obtain a minimum of one off-duty Miami Beach Police or Ocean
Rescue staffing depending on the site plan and the use. More officers will be
needed depending on the amount of pedestrian and vehicular control requested
and approved.
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F. STREET OR LANE CLOSURES
When the Production needs to close or control a street block or any lanes therein
for production purposes, the Production will be asked to secure a Right of Way
Permit (ROW) from the Public Works department. To secure this Right of Way
Permit for production purposes the production needs to request a Film & Print
permit for this activity, then submit a Management of Traffic Plan (MOT) from a
State license barricade company for review by the Film & Print Office. Ones the
MOT is given the go ahead from the Film & Print Office, the Production needs to
submit the form to the Off-Duty Office or the Production's assigned police
coordinator, if applicable, for approval of the Chief of Police. The document then
gets internally gets routed to the Traffic Management dept., and then the City
Manager's office for signature approval, once the signatures are secured a Right of
Way permit is issued by Public Works dept. and given directly to the Film & Print
Office as a sub permit to your Film & Print permit. The Right of Way permit will
require the use of off-duty police, and traffic control signage, barricades and cones to
redirect traffic as per the approved MOT plan. Because the permit needs to be
coordinated with several different depts., street or lane closure permit requests
should be made no less than seven working days prior to the production date. In
addition to the submission of an MOT plan, the production must survey the directly
affected businesses and residents using the Signature Survey Form found online at
www.filmiamibeach.com / Forms, and secure signature approval from a minimum of
75% of the directly affected properties that abut the closure. Based on the location
and use, the Film & Print Office will identify which properties, if any, are to be
additionally notified. The Production must submit all the collected Signature Survey
Forms along with a map of approvals and objections (Production can use Google
Earth or hand draw) within the affected area. All meters within the closure must be
reserved through the Miami Beach Parking Department by the Production.
G. SIGNAGE
Signage to direct cast & crew or any other production elements is permitted only
by specific Film & Print permitted use and must be removed immediately upon
completion of permitted activity. Any costs incurred by the City for removal and
disposal of abandoned signage will be forwarded to the permittee and must be
satisfied before any further permits can be issued.
H. INTERMITTENT TRAFFIC CONTROL(ITC)AND DRIVING SHOTS
All Productions that require any amount of vehicular and/or pedestrian traffic control
during takes, must request approval from the Film & Print Office through the
permitting process. Traffic control, both pedestrian and vehicular, is to be
coordinated by off-duty officers only in accordance with the permit, since only off-
duty officers can hold traffic (as opposed to crew members or private security).
The more control requested, the more off-duty officers will be needed. Production
will be asked to secure signature approval from any business or residence
directly affected by traffic control, to be submitted to the Film & Print Office as
part of the permitting process.
Productions in need of driving shots can apply for a "Miami Beach Driving Shots"
location request on the Film & Print permit application. Driving Shots that require a
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process trailer, Russian arm, any car to car shots, car mounts and/or any traffic
control require an off-duty police escort or an a coordinated traffic bubble, with off-
duty officers in the front and the back of the procession. Each driving shots
request is evaluated to determine staffing levels and safety. The Production also
must secure a safe area to pull over and re-rig and stage. This could be done
trough a meter rental or using private lots by private arrangement. Each road has
specific restrictions and may require additional permits in accordance with County
or State law. Use of State roads also requires a permit from the Florida Dept of
Transportation. The Film & Print Office can guide you through this process.
L PARKING
Most Productions above a Citywide permit, require reserved parking
arrangements in order to get essential equipment as close as possible to set for
logistical reasons. A competed and successful parking plan is necessary before
most permits can be issued, since production vehicles must have a place to "live"
for the duration of the shoot. City street meters can be reserved for production and
picture vehicles, or cleared for picture (when spaces need to be clear for a scene.)
No crew or personal vehicles can be parked in reserved street meters, personal
vehicles can park in private garages, non reserved metered spaces (with the
meter paid) or in pre-paid crew parking spaces in most Miami Beach owned
garages at a set production rate, through a Film & Print Permit and by
arrangement with the Parking Dept.
Please go over your production parking plan with the Film & Print Office before
you submit your request to reserve meters. The Film & Print Office is more than
happy to offer suggestions of where to park, because it can get tricky. Once your
parking plan is approved by the Film & Print Office, you can request on-street
meters by going on-site and marking down the meter numbers needed (usually
found on metal disc glued to the curb), and then filling out and following the
instructions for submission on the Parking Meter Request Form, found online at
www.filmiamibeach.com / Forms. Productions must choose their own meters to
reserve. All reserved production parking, including crew parking at City-owned
garages, must be done as part of a Film & Print permit, even if the Production is
only filming within private commercial property. All production parking requests
require the approval of the Film Office before an order can be processed by the
Parking Dept. Parking meter requests must be submitted to the Parking Dept. at
least 48 hours in advance to allow time for the meter order to be processed and
paid, for the "No Parking" signs to be installed, and also allow for the 12 hour
minimum grace period for any parked cars to clear out of the reserved spaces
without a violation. Any production vehicles or crew vehicles not legally parked will
be subject to traffic and parking violations, including towing, as appropriate, just
like any other vehicle not associated with the Production. A Film & Print Permit
does not allow for illegal parking.
When requesting meters along or in front of a business or a residence, Productions
must notify the business or residence using the Notification Form found online at
www.filmiamibeach.com / Forms. A copy of the filled out Notification Form and a
list of all the businesses and residents that were notified must be submitted to the
Film & Print Office before any meter requests can be approved. Notification is to be
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done by the Production no less than 48 hours in advance to give proper notice.
This is done since large vehicles blocking a storefront can cause a loss of
business, since the business is less visible and also because the public has less
available spaces to park. Please be mindful of this and try to park large trucks
along a garage, parking lot, or empty storefront whenever possible.
J. PARKS AND RECREATIONAL FACILITIES
The Parks Department and/or Park Supervisor as part of the Film & Print permitting
process, must be contacted when the applicant requests the rental or reserved
use of a park facility like amphitheaters, basketball, handball & tennis courts,
baseball, football & soccer fields, pools, etc. Approval and/or payment of all
applicable rental fees must be made prior to the issuance of the Film & Print
permit. The Film & Print Office can direct you to the appropriate person for the
approval or rental.
K. PRODUCTION DEPOSITS
For some productions (generally the more impactful ones in grassy areas, or
ones in the same location for several days) a refundable deposit can be required
for filming on public property. The amount of the deposit is at the discretion of the
Film & Print Office, but no less than $500 and commensurate with the potential
costs of City Services needed to restore any damage caused by the Production.
The Production will receive an invoice for City Services but in many cases, the
Production can bring in their own vendor to complete the restoration work up to
City Standards. The deposit on file will be refunded once the work is completed
and paid (if done by the City). The deposit will be kept if the Production fails to
restore the area, and the Production will not be able to pull future permits until the
resulting work to restore the permitted area is reimbursed.
L OFF-DUTY FIRE AND FIRE RESCUE
When a Production requests the use of fire and pyrotechnics, or will be performing
stunts (crashes, jumps, falls) that are considered life threatening or dangerous, or
when a production needs to temporarily disable fire prevention devices in any
facility, a Fire Permit needs to be issued by the Special Events Fire Coordinator.
Most times the Fire Permit is requested by the stunt director and will be an auxiliary
permit to your Film & Print Permit. In most instances, the presence of off-duty
Miami Beach Fire personnel will be required.
M. OFF-DUTY POLICE
Off-duty police are required on any Film or Print production if the total number of
people in the production is over twelve, or for any Production in which the proposed
activity is deemed by the Film & Print Office or the Miami Beach Police Department
to present a potential hazard or inconvenience to the general public, like "Candid
Camera" type shows that involve the public, or use of a recognizable celebrity that
may cause a crowd or security concerns. Oversized props can also be a hazard to
the general public. Off-duty police officers are required for all Authorized Access
uses, for any street and lane reductions or closures or any activity that could be
mistaken as a public danger, inclusive of stunt work, simulated fighting, simulated
gunfire, use of any prop weapons or actors in a prop police uniform or vehicle. An
officer is also required when any grip equipment or drone is being used even if the
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crew size is less than twelve.
The Police Off-Duty Coordinator determines the minimum number of off-duty police
personnel that will be required for proposed filming and is responsible for the billing
and collection of all related fees. Off-duty Coordinators are used in larger or more
impactful shoots requiring 3 or more officers. Requests for a coordinator are made
to the Off-Duty Office after a Film & Print Permit has been requested. All other Film
using up to 2 officers, requests can be made directly to the Off-Duty Office and all
Print use requests have a dedicated Off-Duty police Coordinator already assigned.
The Film & Print Office gives all the necessary contact information and guidance
once a Film & Print permit request is submitted. Requests for off-duty police
personnel should be received no less than two business days prior to the
production date (more during peak times)to ensure the request can be filled.
1. Off-duty officers will be required for most residential neighborhood filming as
discussed in the Residential Neighborhood Filming section of these
regulations. Low Impact Residential Productions, as defined herein may be
exempt from obtaining an off-duty officer.
2. Off-duty police's first priority will be to address public safety related activities,
as well as providing security needs as they relate to the Production.
3. Off-duty officers working on a Production are empowered to ensure that pre-
approved site plans, traffic plans and/or Film & Print permit are being followed
as specified in the permit. Officers may determine on-site modifications to the
permit when public safety is an issue, and the Film & Print Office needs to
be notified immediately. Any other changes made to the issued permit on-
site should be done directly with the Film & Print Office, who are available
by cell, text and email during off-hours.
4. Permittees are encouraged to disclose foreseeable labor management
disputes and other controversial issues as relative to their project as it may
affect the City's ability to provide police services.
5. Requests for off-duty police must be received by the Off-Duty Office a
minimum of two business days prior to the date of requested service. The
Off-Duty Office may grant exceptions, based on their discretion.
6. Any approved off-duty request that is cancel by the Production with a
minimum of twenty-four (24) hours notice, will be fully refunded.
Cancellations done less than 24 hours before the officer is scheduled to
arrive will result in the Production being responsible for the four (4) hour
minimum for each off-duty officer scheduled, plus the appropriate
administrative charges.
N. SANITATION DEPARTMENT
The Film & Print Office will contact the Sanitation Department when the
relocation or removal of dumpsters and trash receptacles are necessary or
when the proposed production activity interferes with regular trash collection.
Please note that any Production that is found illegally dumping waste will be
fined. In addition, any Production leaving debris or trash behind at any
production location will be billed for the time, labor and equipment used by the
Sanitation Department to clean-up the area. The Production should take all their
garbage with them when they wrap the set each day.
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VI. RESIDENTIAL NEIGHBORHOOD FILMING
The only allowable commercial use of Residential property in Miami Beach is for
Film or Print work through a Film & Print permit. Permits for residential private
property are issued in Miami Beach in an effort to maintain the quality of life of
residents while also allowing the Film & Print industry to use all the types of locations
they need to be successful. Film & Print permits are required in all types of
residential property in Miami Beach, whether it is a single family home or multi-
residential condo/apartment or common areas within condo/apartment buildings
like the lobby or pool area, as per City Code. Production uses of a residential
property that must be permitted includes filming or shooting stills, parking, set-
dressing and prep, catering and extras holding, and all load-in and load-out.
Productions that choose to do these activities in a residential property or residential
street without a Film & Print permit are subject to a code zoning violation (a
citation) to be issued to the Production company and/or the homeowner. Detailed
below are the standard logistical requirements for productions of all sizes that
request a Film & Print permit in residential location(s). No two productions are the
same and the Film & Print Office may require productions to meet additional
requirements depending on the nature and scope of a Production.
Productions that require just the Notification of neighbors can do so up to 48 hours in
advance of the Production start date. If the Production need to collect Neighbor's
signatures using the Signature Survey Form are strongly encouraged to begin
obtaining signatures at least one week in advance, since that process may take a
few days and needs to be completed and turned into the Film & Print Office at least
48 hours in advance of the Production start date. Both the Notification Form and the
Signature Survey Form can be found online at www.filmiamibeach.com / Forms.
Please fill out and use the forms provided by the City, and not your own form. All
Forms must be reviewed by the Film & Print Office before they are distributed or
signatures collected. Please see below to review which level of permitting you will
need.
A. HOMEOWNER AFFIDAVIT FOR USE:
Any resident of the City of Miami Beach wishing to host a permitted Production in
a single family home, condominium or apartment by a third party (e.g.,
production company, location service company, etc.) must sign an owner
affidavit, found on the City's website, acknowledging they have read and
understand the Film & Print Guidelines, specifically as it pertains to residential
production; agrees to follow the City's Film & Print Guidelines and City Code; and
also acknowledges the residence will not knowingly be used for other commercial
purposes, or for short term rentals as defined in the City Code. Such affidavits •
may only be signed by the property owner or his/her legally authorized
representative. Home Owner Affidavit's are to be collected and submitted by
the Production during the permitting process. The Production needs to submit
a signed affidavit for all homes being used as part of their shoot, inclusive of
additional rented driveways for overflow production parking or homes used for
catering and extras holding These homes are referred to as Support Houses
as opposed to Picture Houses which is where the actual filming or print shoot
is taking place. Both picture and support houses need to be included in the
Notification Form or Signature Survey Form distributed and also included in
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the Film & Print Permit application, since both will be permitted. The Owner's
Affidavit Form can be downloaded at www.filmiamibeach.com / Forms.
B. TYPES OF RESIDENTIAL PRODUCTION USES:
1. Low Impact Residential Production use is defined as a small team (twelve
people or less in total) with minimal equipment (must be easily and quickly
transported) to film or shoot stills entirely within a Miami Beach single family
or multi-residential property within the standard Residential Filming hours
outlined below. Equipment allowed includes camera, tripod, reflectors and
battery operated lights. No generators or grip equipment allowed. One
motorhome and up to 2 vans allowed, and they must fit inside the permitted
private property, but no other commercial class vehicles allowed, such as
grip or lighting trucks. No use of the street or swale for parking or other
production purposes allowed. Notification can be done up to 24 hours in
advance and an officer is not required.
2. Standard Residential Production use is defined as any Production that
requires more than twelve total people and/ or requires the use of
generators or grip equipment and/or commercial class vehicles beyond a
motorhome, or needs to use support houses and within the standard
Residential Filming hours outlined below.. No use of the street or swale for
parking or other production purposes allowed. Notification must be done at
least 48 hours in advance and an officer needs to be hired.
If a Production needs to go beyond what is allowed for a Standard
Residential Production, such as filming beyond Residential Filming Hours,
having stunts, or pyro, simulated gunfire, or other special effects, or
needing a road closure, lane reduction, or traffic control, then the
production will have to get direct approval from affected neighbors using the
Signature Survey Form, as outlined below.
C. NOTIFICATION FORM REQUIREMENTS:
1. Notification to affected neighborhood(s) is required for residential
Production uses during Residential Filming Hours, defined as 7am to 10pm
weekdays and Barn to 10pm weekends and holidays. *NOTE: Times denote
from the start of load-in to the end of load out for all production activity
(head lights in and taillights out.)
2. Mandatory notification to the affected neighborhood should occur no less than
48 hours prior to commencement of any residential production use, including
arrival of any production-related vehicles and/or personnel on site for
Standard Residential Film & Print Use and no less than 24 hours prior to
commencement of any residential Production use or arrival of any
Production-related vehicles and/or personnel on site for Low Impact
Residential Film & Print Use.
3. Notification forms must be distributed to all affected areas in a
neighborhood. For purposes of the regulations, the affected neighborhood
shall be determined by the Film and Print Office. for Standard Residential
Film and Print use, notification must be provided to residents within a
minimum of 200 feet from any Production activity including Support houses
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used. For Low Impact Residential Film and Print use, notification must be
provided to all abutting residents. Some locations may require additional
areas of notice.
4. For Production activity within a multi-dwelling unit, signature approval will
be needed from the property owner, manager or condo association,
whichever is appropriate, using the Signature Survey Form. Management
of the building will then be responsible for notifying their residents via email
or notices in common areas as they see fit. Productions may also choose
to notify all the residents of the building themselves using the Notification
Form, as well as any affected surrounding properties.
5. In certain instances, a Production may be required to obtain signatures from
the impacted area during normal production hours (see the Signature Survey
Forms section of these guidelines).
6. Applicants are required to provide notice by all reasonable means available,
including, but not limited, e-mail, fax, hand-delivery, mail or any other
traceable delivery service (e.g. FedEx, UPS, courier service or certified
mail).
7. Applicant is required to provide documentation of all notices, a list of
addresses notified will suffice.
D. SIGNATURE SURVEY FORM REQUIREMENTS:
The Film and Print Office retains jurisdiction and discretion to issue or deny
permits in residential areas based on the applicable laws and regulations. In an
attempt to preserve the residents' quality of life, the City uses Signature
Survey Forms to survey neighbors for their approval, for those Production
uses that go beyond regular Residential Filming hours, defined as 7am to
10pm weekdays and 8am to 10pm weekends and holidays, or is otherwise
impactful, as described below. Unlike the Notification requirement, the
neighbors do have the right to object to the Production use of a residential
property when signature approvals are required from impacted residents.
1. Signature approval from affected neighborhood residents will be required for
residential production activity between the hours of 10pm and 7am weekdays
and 10pm and 8am weekends and holidays. *NOTE: Times denote headlights
in and taillights out for production activity.
2. Any residential property that wishes to host in excess of five (5) consecutive days
of Production activity within a 30 day period must provide the City with Signature
approval from abutting properties. Some locations may require additional areas
of notice.
3. Any residential property that wishes to host in excess of ten (10) total days of
Production activity within a 30 day period must provide the City with Signature
approvals from impacted residents as follows: For Standard Residential Film &
Print Uses, signature approval must be obtained from residents within 200 feet
from any production activity and/or equipment parking. For Low Impact
Residential Film & Print Uses, signature approval must be obtained from all the
abutting properties (any property that shares a property line with the house used
for Production activity). Some locations may require additional areas of notice.
4. For residential production requests in excess of ten (10) total days of production
activity within a 30 day period, or for extended hours between 10pm and 1 am,
signature approval from 60% of affected residents must be obtained by the
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Production, as well as signature approval from all the abutting properties.
5. For residential production requests for extended hours between 1 am and 7am,
signature approval from 75% of affected residents must be obtained by the
Production, as well as signature approval from all the abutting properties.
6. Signature approval for residential production during normal Residential Filming
Hours also will be required in the case of exceptional Production activities (e.g.,
simulated gunfire and bullet hits, fire effects, and controlled explosions, stunt car
crashes, aerial filming, etc.), or high-impact Productions (e.g., Productions
requiring road closures and traffic control, use of several homes in the same
area) as determined by the Film & Print Office based on an assessment of
impact to surrounding neighborhood, and/or any situation in which the activities
may present a public safety concern.
7. Any residential location that wishes to host in excess of sixty (60) days of
production within any twelve (12) month period will require additional review by
an Internal Review Board assembled by the City Manager or his/ her designee
(usually the Film & Print Office) to review the request and set conditions for
approval. Requests for review must obtain the 90% signature approval within
200 feet of the residential property hosting Production activity (Picture House), as
well as signature approval from the abutting properties before coming before the
Internal Review Board.
8. In any instance where a residential location wishes to host in excess of ten (10)
consecutive production days, regardless of type of activity, the Production must
obtain the 90% signature approval within 200 feet of the Picture House and any
Support Houses being used for the duration, as well as signature approval from
the abutting properties before coming before the Internal Review Board.
9. Notwithstanding anything to the contrary, with regard to any property which is
located, in whole or in part, within 500 feet of a hospital that is open for business,
there shall be no more than five (5) days of Production activity at that property in
any thirty (30) day period. For purposes of the above, the distance shall be the
shortest distance between the property lot line and the hospital lot line, as
measured by a straight line. A property shall be deemed to be inside the radius if
any portion of its lot line is within 500 feet of any portion of a hospital lot line.
10.The collected Signature Survey Forms must be submitted to the Film & Print
Office before a permit may be issued, and they are to include the resident's
signature, printed name and address.
11.For Production activity within a single-dwelling home, where multi-dwelling units
are affected (like duplexes and town homes), signature approval will be accepted
from the property owner, manager, or condo association, whichever is
appropriate, or can be obtained from each individual unit owner or tenant.
Signature approval from individuals in multi-dwellings units must meet the same
minimum percentages as outlined above.
12.For production use within a multi-dwelling unit, signature approval must be
obtained from all affected individual unit owners/tenants, as well as any affected
surrounding properties within 200 ft. Signature approval from individuals in multi-
dwellings units must meet the same minimum percentages as outlined above.
13.A map of the area surveyed with approvals/objections annotated on it, created by
the Production company (using Google Earth or similar or can be hand drawn)
should be included with the original Signature Survey Forms upon delivery to the
Film & Print Office before the permit can be issued. This map should clearly
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identify pertinent streets by name & block (i.e. 700 block) indicate all addresses
requiring signatures, and clearly show a site plan for all production activity
including all essential equipment parking, road closures or lane reductions and
any catering plans.
14.At those addresses which signature approval is required, the map submitted
should indicate: non-objections, objections, properties with no response after 3
attempts and vacancies or construction sites by address. After the Production
has made at least 3 attempts to survey an address, they must document the
times and dates of the attempts and then send the resident the Signature Survey
Form via a traceable mail option (e.g. FedEx, UPS, courier service or certified
mail) and submit proof of the mailing to the Film & Print Office along with the
other executed Signature Survey Forms and the documented attempts.
15.Note: If any schedule changes occur after the distribution of original Notification
Forms or collection of the Signature Survey Forms, then in both cases
Productions can notify the affected area of any change of date using the City's
Notification Form.
At any time the Film & Print Office reserves the right to require the need for
• signature approvals as a condition of the permit if it deems the use impactful
enough or the neighborhood has special needs and requests. In recognition
that any Production has the most impact on adjacent properties, the Film & Print
office will require a signature approval from those abutting properties (any
property that shares a property line with the house(s) used for Production
activity, including parking, etc.) when a Production qualifies as a 'signature' level
Production. If one of the abutting property owners or tenants objects to the
requested use, the production may file an appeal requesting that the Film & Print
Office activate the City's Internal Review Board to review the Production's
request. The Internal Review Board will have the authority, based on the
guidelines specified in Section C herein, to approve the Production's request
after considering all circumstances including the opinion of the abutting
property owner. If all abutting property owners or tenants object to the
requested use, the Production does NOT have the ability to appeal.
1. Signature approval of the abutting property owners must be obtained no
later than forty-eight (48) hours before the date of the film or print activity is
scheduled to occur.
2. Signature approval of an abutting property owner shall not be required if the
Applicant has provided notice to the property owner and the owner has
failed to respond to the notice for a period of at least twenty-four (24) hours
from the date and time that notice was provided.
3. Applicants are required to obtain signature approval from all affected
properties, including abutting properties, by all legal and reasonable means
available, including but not limited to by e-mail, fax, hand-delivery, mail and
any other traceable delivery service (e.g. FedEx, UPS, courier service or
certified mail). Federal law does not permit distribution in mailboxes.
4. Applicant is required to provide documentation of all notices.
E. INTERNAL REVIEW BOARD
For the purposes described above, an Internal Review Board composed of
representatives from the following City of Miami Beach departments will be
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convened; Police Department, Code Compliance, City Manager's Office, Film &
Print Office, and the Parking Department. Other City Departments will be
brought into the Internal Review process as determined based on the scope &
impact of a particular project (Parks and Recreation, Beach Patrol, Fire
Department, Building Department etc.). A Board Member from the Production
Industry Council and a member of the subject area's City-recognized
neighborhood or homeowner's association will also be included on the Internal
Review Board. If the area does not have a City-recognized neighborhood or
homeowner's association, a member of the Planning Board may serve on the
Internal Review Board.
When the activation of an Internal Review Board is required, the Film & Print
Office shall organize the meeting. Recognizing the often-short timeline
productions must work within, all efforts will be made to ensure the process is
completed quickly and with full representation of all parties involved.
If the Internal Review Board is activated because an abutting property owner
has declined to sign his/her approval, the Internal Review Board must consider
the following criteria before determining whether or not to approve the production's
request:
1. History of Code violations at the property;
2. Past history of the Production company or applicant;
3. Frequency of Film & Print Productions at the property;
4. Duration of the production;
5. Infrastructure and quality of life impacts (e.g. traffic interruptions);
6. Other impacts to adjacent property owners, including exceptional filming
activities (e.g., Simulated gunfire and bullet hits, fire effects and controlled
explosions, stunt car crashes, aerial filming, etc.);and
7. Economic impact to the City (long-term, short-term, and indirect effects on
profit and costs to local industries, including but not limited to hotels,
restaurants, entertainment establishments, retail, and the City).
PLEASE NOTE
1. The Film & Print Office may determine that some locations require additional
areas of notification.
2. Production may elect to attach an additional letter with further information
relating to their shoot at their discretion.
3. If a Production is unable to use their permitted production day due to rain or
inclement weather, the Production may request one additional day for each
day lost if properly communicated to the Film & Print Office in a timely
manner. Such requests must re-notify the area immediately, but are not
required to again request signature approval, if already obtained.
F. RESIDENTIAL PARKING
1. Production vehicles arriving on location in or near a residential neighborhood
shall not enter the area before the time permitted time, and must park in
approved areas one by one, turning off engines as soon as possible.
2. Residential Productions may only arrange for immediate location parking of
essential production equipment. The parking of personal cast and crew vehicles
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and production vehicles on public streets is prohibited unless a lane or road
closure permits are obtained. Parking on the City-owned swale (grassy area
between the property line and the street) is prohibited. In most instances,
arrangements should be made by the Production to legally park cast/crew
vehicles on in municipal or private garages and lots and shuttle personnel to set.
3. Several areas in Miami Beach are restricted to Residential Permit parking only,
Monday through Friday 6:00 p.m. through 7:00 a.m., and 24 hours Saturday and
Sunday. Productions in these areas must make arrangements with the Film &
Print Office and Parking Department to self reserve parking for essential
vehicles, through signature approval of affected residents and with police staffing
to self secure spaces overnight since there are no meter posts to "bag" in most
residential areas with on street curb parking such as the Flamingo Park area and
the North Beach area.
G. CODE OF CONDUCT
The City of Miami Beach Code of Conduct for Film & Print Productions should
be reviewed by all crew members.
VII. MORATORIA
The City Manager or his designee has sole discretion to place a temporary
moratorium on locations and neighborhoods that have experienced 'bum-out' as a
result of previous high volume or large impact filming.
VIII. ENFORCEMENT
1. Permits shall be available on-site. Permits shall be presented on the request of
any police officer or code compliance officer or employee of the Film & Print
Office. A violation of these Film and Print Guidelines shall be considered a
violation of the City Code, enforceable as provided herein. Persons engaged in
a Film & Print Production without a permit, or otherwise in violation of the
guidelines herein, shall be subject to enforcement by City police or Code
Compliance officers, through the issuance of immediate cease and desist
orders, the violation of which may subject the offender to the following
immediate fines and/or partial or full default of security deposit:
A. For the first offense within a 12 month period a fine of$500;
B. For the second offense within a 12 month period a fine of$1,500;and
C. For the third offense within a 12 month period and subsequent
offenses a fine of$3,000.
2. Enforcement may include arrest for violation of Section 12-5 of the City Code,
and/or enforcement as provided for in section 1-14 of this Code, and/or notices of
violation referred to Special Masters, who have authority to issue fines or enforce
compliance, as provided for in Chapter 30 of the City Code. Police or Code
Compliance officers will coordinate enforcement with the Department of Tourism,
Economic and Cultural Development. As an alternate and supplemental
remedy, the City may enforce these Guidelines by injunctive relief in any court
of competent jurisdiction and, in such circumstances the City shall be entitled to
recover its reasonable attorneys'fees and costs.
3. Violations of a Film & Print Permit: An issued Film & Print permit will have terms
and conditions intended to be followed by the Production, unless specific
arrangements are made only by the City Manager or his/her designee, in
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writing, after the event permit is issued. Should such conditions and/or
arrangements be violated by the Production, his or her vendors or participants,
whether witnessed by City personnel or established by photographic or other
evidence or testimony afterwards, the Production would be in violation of the Film
& Print permit and be subject to enforcement proceedings as provided by City
Code and/or these guidelines.
With the exception of violations for which no correction is possible (e.g. noise
violation, production without a required permit, etc.), if the violation is observed
by City staff during the active production, the Film & Print producer/permittee will
be given a time-certain opportunity (30 minutes or other time period as specified
by the City Manager or designee) to correct the violation. Notwithstanding, the
City retains discretion to proceed directly to the issuance of a notice of violation if
the violation is egregious and/or violates conditions expressly provided for in the
permit, or if a prior verbal warning for a violation of the Film & Print permit has
already been provided. Multiple violations shall be treated as one instance when
simultaneously observed. Examples of Film & Print permit violations may
include, but are not limited, to the following: violation of the noise ordinance;
unauthorized use of public space; use of unapproved and/ or unpermitted
structures, generators or production elements with respect to Florida Building
Code; improper utilization of the Vehicle Access Pass policy; violation of Florida
Department of Environmental Protection (DEP), Miami-Dade Environmental
Resource Management (DERM) or Florida Department of Transportation
(FDOT) conditions; unauthorized use of branding, promotional activities or
sampling; damaging public property without prior approval; or inability to effect
proper sanitation plan. Any commercial film or print activity that takes place
without a Film & Print permit cannot by its nature be corrected and must be
cited and shut down immediately.
The City may issue a verbal warning for first time violations in lieu of a first
offense fine.
Such fines are in addition to and separate from any violations issued by the City
for noncompliance with other sections of the City Code. Imposition of fines shall
be subject to appeal to the Special Master. The City reserves its rights to pursue
alternate enforcement proceedings and penalties as provided for and allowed by
law.
4. The following penalties shall be imposed in addition to any fines for violations
specified above or of Section 12-5 of the City Code:
A. If the offense is the fourth offense within the preceding 12 month period
of time, in addition to the fine, the property and/or Film & Print Production
will be restricted from receiving a Film & Print permit for a three (3) month
period of time.
B. If the offense is the fifth offense within six (6) months following the fourth
offense, in addition to any fine, the property and/or Film & Print producer
or and/or permittee will be restricted from receiving a Film & Print permit
for an additional six (6) months period of time. Furthermore, the property
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and/or the Film & Print Production shall be considered to be a habitual
offender.
C. Notwithstanding the above, for repeat and/or habitual offenders, the City
Manager may decline to issue future Film & Print permits to such person
or entity for one year, or such other period as the City Manager deems
appropriate.
Each violation shall constitute a separate offense for which a separate
fine shall be imposed.
5. An offense shall be deemed to have occurred on the date the violation
occurred. Restrictions imposed pursuant to this section shall be imposed by City
Administration after finding an offense warranting suspension or restriction has
occurred.
IX. MISCELLANEOUS
1. Cast/crew may not trespass onto other neighbor's or merchant's property. All
personnel should remain within the boundaries of the property that has been
permitted for filming.
2. Residents should never be prevented from accessing their street, driveway
or home as a result of a film production except for brief periods when
scenes are being shot.
3. Production shall make every effort to maintain minimal noise levels at all
times. Please make an effort to turn off vehicle engines and generators as
soon as possible, and place generators away from windows. Crew shall
refrain from unnecessary shouting and production radio volumes shall be
conducive to effecting communication without being obtrusive to the
surrounding neighborhood. If complaints of excessive noise levels occur, a
representative of the Production shall attempt to identify, correct and/or
modify the noise source.
4. Removing, trimming or cutting of vegetation and trees is prohibited, even on
private property, unless approved by the Film & Print Office through
coordination with the Parks Department. In most instances, a County and or
State DEP tree trimming or removal permit will be required.
5. Productions may not impede normal residential services such as garbage
collection and street cleaning without securing prior City approval.
6. At no time may the Production disrupt regular mail service.
7. Arrangements for the removal of production-generated refuse are the sole
responsibility of the production.
8. When blockage of pedestrian right of way is anticipated, Productions must
submit a site plan to the Film & Print Office for approval.
9. ADA compliant crossovers must be used to safely cover all cables placed
on streets and sidewalks, and other pedestrian access ways like beach
access paths.
10.When filming occurs where pedestrians who are not associated with the
production will be present, proper wayflnding signage must be provided by
the production company and off-duty officers shall be stationed throughout the
set in order to direct pedestrians politely and safely through or around set.
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11.Catering may only occur in pre-approved areas, and may not present any
safety hazard or public nuisance, or be set up in active parking lots.
12.AII smoking refuse must be properly disposed of in marked 'butt-cans' or
other specifically designated receptacles.
13.Cast/crew may not bring pets to location, unless part of the production, and
noted by the Film & Print Office on the permit.
14. Signs utilized for the direction of cast/crew must be identified by location in
advance and removed immediately upon completion of permitted use. Signs
that are not removed promptly after production may be subject to a fine.
X. REVISIONS
The Mayor and City Commission may adopt by resolution Film and Print
regulations, and the City Manager or the Manager's designee will administer the
regulations as they pertain to Film and Print productions working within the City.
The Manager may authorize amendments to the regulations proposed by the
administration, and shall present such amendments to the City Commission for
Approval by resolution.
XI. COMMUNITY
Miami Beach is proud of its community's spirit of giving and cooperation. We invite
production companies who film in Miami Beach to contribute leftover food and
expendables to local non-profit groups needing assistance. We appreciate any
efforts you make to assist our community in better understanding the production
process. The Film & Print Office will assist in facilitating appointments for members
of your cast or crew to talk to students in local schools and meet with members of
our community.
The City of Miami Beach is undergoing an extensive effort to improve quality of life
in our residential neighborhoods. Productions are encouraged to consider
assisting in these neighborhood initiatives. If a Production is capable of making
lasting contributions to the community, the City would be happy to help facilitate
these efforts.
XII. OTHER GOVERNMENT AGENCIES
A. MIAMI-DADE COUNTY BEACH MAINTENANCE
Miami-Dade County Beach Maintenance must be contacted when the applicant
requires the beach to be raked and cleaned prior to the regular scheduled
maintenance or when the applicant's presence on the beach may interfere with
the regular scheduled maintenance. (Beach Maintenance: 305/868-7075).
B. FLORIDA DEPARTMENT OF TRANSPORTATION
When filming driving shots, requesting a lane closure, or otherwise controlling
traffic on State roadways (MacArthur Causeway, Arthur Godfrey Road, Julia
Tuttle Causeway, Alton Road, Fifth Street, Collins Avenue north of 5th Street,
Indian Creek Drive) that within the City's boundaries, productions must
additionally request a permit from FDOT (Florida Dept of Transportation.).
Use of City of Miami Beach Police Off-Duty personnel is mandatory in most
cases. (FDOT: 305/470-5368)
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C. MIAMI-DADE COUNTY TURTLE PROGRAM
Florida State regulations regarding Turtle Nesting Season go into affect each
year from April through October on all coastal beaches in the State of Florida
and activities on the beach may be subject to additional conditions and State
permitting, the Film & Print Office will advise when applicable. (For more
information, please contact Teal Kawana, 305/310-3046).
XIII.ASSOCIATIONS&PROPERTY OWNERS
A. MERCANTILE ASSOCIATIONS
In some commercial areas the production may need to contact a mercantile
association when the applicant requires the use of any portion of a city block in
such a manner that may interfere with daily business operations and/or
pedestrian/vehicular rights-of-way. The Film & Print Office will advise when
necessary.
B. INDIVIDUAL/COMMERCIAL PROPERTY OWNERS
Contacted when the applicant requests the use of public property (e.g.,
sidewalk, curb, loading zone, parking meter, alleyway, park area, median,
roadway, etc.) directly in front, behind, across or next to a specific parcel of
non-public property and/or when the individual/commercial property will appear
in the production. When an individual/commercial property will appear
prominently in any production, written approval from the property may be
required before a permit is issued.
Confirmation from these departments, associations and property owners must
be obtained by the applicant and submitted during the permitting process as a
deliverable, if directed by the Film & Print Office to do so.
XIV. SUMMARY
Because no two requests are the same and due to the creative nature of the
entertainment industry, it may be necessary to impose additional requirements.
The best guideline is courtesy to the Miami Beach community. Proper planning
and notification is the key to any successful production. No matter the size of the
production, all parties are encouraged to contact the Film & Print Office as soon
as they know about any projects scheduled in the City of Miami Beach.
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,„
F ET
Memorandum r
BERCOW RADELL FERNANDEZ LARKIN-TAPANES
ZONING,LAND USE AND ENVIRONMENTAL LAW
To: Mr. Rafael Paz, Acting City Attorney, Miami Beach
From: Michael Larkin, Bercow Radell Fernandez Larkin &Tapanes
Subject: Miami Beach City Code Sec. 12-1 Film and Print Production
Date: June 16, 2021
At the May 26, 2021 Commission meeting, during the discussion regarding a proposed
amendment to the City of Miami Beach film and production ordinance, a question was raised as
to how other jurisdictions deal with violations related to film permits, and whether other
jurisdictions have a similar one-year ban (or similar unappealable ban)on the issuance of permits
with violations. Below is a summary of research conducted regarding several relevant
jurisdictions, as well as a summary of the legislative history on the City's ordinance. In sum, the
one-year ban penalty was not found to exist in any other jurisdiction,reviewed.
I. Summary and Analysis of City Codes Related to Film Permits.
Miami. In the City of Miami (the "City"), a permit is required conduct any motion picture
photography, or electronic (TV) photography for commercial purposes. See Sec. 41-26, City of
Miami Code of Ordinances (the "Code"). Any person who violates the section relatedto film
permits shall be fined not more than five hundred ($500) dollars or imprisoned'for not more than
sixty (60) days, or both fined and imprisoned. See Sec. 1-13, Code. There is no expresslanguage
in the Code stating the City must revoke the film permit upon;finding a violation.
Coral Gables. In the City of Coral Gables (the "City") a permit is required to conduct
commercial photography. See Sec. 3-605, City of Coral Gables Zoning Code (the "Code"):.lf there
is a violation, the City Manager may revoke the permit. See Sec. 3-605(F), Code. Further,the City
Manager may refuse to issue a permit under certain circumstances; for example, if there is
evidence previous photography at the same location caused'disruption in the neighborhood.
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See Sec. 3-605(G), Code. There is no express language stating the City must revoke the permit
upon finding a violation.
Palm Beach. In the City of Palm Beach (the "City"), a permit is required for anyone who
wishes to film a commercial motion picture. See Sec. 22-151(a), City of Palm Beach Code of
Ordinances (the "Code"). If there is a violation of the section related to film permits, the permit
holder may be punished by a fine of not more than five hundred ($500) dollars, or a term of
imprisonment not more than sixty (60) days, or both fined and imprisoned. See Sec. 22-127 and
Sec. 1-14(a)(2),Code.A penalty for violation of the Code does not bar or preclude other remedies
available to the City, legal or equitable, to correct the violation. See Sec. 1-14(c), Code. There is
no express language stating the City must revoke the permit upon finding a violation. The City
may revoke or suspend the permit, but is not required to.
Orlando. In the City of Orlando (the "City"), a permit is required to conduct motion
photography. See Sec. 3.05, City of Orlando Code of Ordinances (the "Code"). If the section
related to film permits is violated,the permit holder may be punished by a fine of not more than
five hundred ($500) dollars, or a term of imprisonment not more than sixty (60) days, or both
fined and imprisoned. See Sec. 1.08(3), Code. A penalty for violation of the Code does not bar or
preclude other remedies available to the City, legal or equitable, to correct the violation. See Sec.
1.08(9), Code. There is no express language stating the City must revoke the permit upon finding
a violation.The City may revoke or suspend the permit, but is not required to.
Tampa. In the City of Tampa (the "City"), a permit is required to conduct motion
photography. See Sec. 27-282.17, City of Tampa Code of Ordinances (the "Code"). The Code
does not expressly speak of revocation or penalties associated with violating the section related
to film permits. Generally speaking, a violation of the Code is punishable by a fine of not more
than five hundred ($500) dollars, or a term of imprisonment not more than sixty (60).days, or
both a fine and imprisonment. See Sec. 1-6(a), Code. There is no express language stating the
City must revoke the permit upon finding a violation.The City may revoke or suspend the permit,
but is not required to.
Jacksonville. In the City of Jacksonville (the "City"), a permit is required to conduct
motion photography. See Sec. 123.205, City of Jacksonville Code of Ordinances s(the "Code"). A
violation of the section related to film permits are grounds for immediate suspension of the
production until the noncompliance is remedied, but revocation or suspension is not required.
See Sec. 123.205(b), Code. Continued failure to comply with the terms and conditions of the
permit requirements may result in revocation of the permit Id. There is no express language
stating the City must revoke the permit upon finding a violation.The City may revoke or suspend
the permit, but is not required to.
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Las Vegas. In the City of Las Vegas (the "City"), a permit is required to conduct motion
photography. See Sec. 12.04.020, City of Las Vegas Code of Ordinances (the "Code"). A film
permit may be revoked by the Film Administrator at any time when such revocation is deemed
necessary to protect the public health and safety or to protect property from imminent harm.
See Sec. 12.02.220, Code. There is no express language stating the City must revoke the permit
upon finding a violation. The City may revoke or suspend the permit, but is not required to.
New York City. In New York City (the "City"), a permit is required to film motion pictures.
See Sec. 13-03, New York City Code of Ordinances (the "Code"). The Mayor's Office of Film,
Theatre and Broadcasting (MOFTB) regulates film permits. See Sec. 13-01, Code. If MOFTB
determines a permit should be revoked, after notice and opportunity to be heard, MOFTB may
do so. See Sec. 9-02, Code. During the course of filming, MOFTB or the NYPD may suspend any
permit where public health or safety risks are found or where exigent circumstances warrant such
action. Id.Where a suspension lasting longer than six hours occurs, permit holders shall be given
notice and an opportunity to be heard within ten (10) days after the suspension. Id. There is no
express language stating the City must revoke the permit upon finding a violation.
Los Angeles. In the City of Los Angeles (the "City"), it is a misdemeanor offense to film
motion pictures without a permit. See Sec. 41.20, City of Los Angeles Code of Ordinances (the
"Code"). Any person who wants to engage in a business that requires a permit must file an
application with the Director of Finance. See Sec. 22.00, Code. No permit shall be revoked or
suspended until a hearing upon written notice to the permit holder has been given. See Sec.
22.02, Code. There is no express language stating the City must revoke the permit upon finding
a violation.
II. Legislative Research —Ordinance No. 2013-3797.
On April 17, 2013, the Miami Beach City Commission had its first"reading of the ordinance
related to film production permits following the direction from the Neighborhood/Community
Affairs Committee at their March 18, 2013 meeting. Commissioner Libbin made a motion to
approve the ordinance, Commissioner Tobin seconded. The ordinance:passed by a vote of 5-0.
Commissioner Gongora suggested referring the item to the Production Industry Council and
bringing it back next month. Max Sklar, Tourism Cultural Department:.Director, stated the item
had been discussed at Committee and in front of the Production Industry Council several times.
On May 5, 2013, the City Commission had its second reading of the Ordinance related to
film production permits. Staff recommended approval strengthening the enforcement language
and penalizing those cited for filming without a permit. Commissioner Tobin moved to amend
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the Ordinance to include that no permit will be issued to the violator or their affiliates. Then,
Commissioner Libbin made a motion to approve the ordinance as amended. Commissioner
Gongora seconded the motion. Vice Mayor Wolfson opposed the ordinance as amended
because "the fines are excessive." The Ordinance passed by a vote of 6-1.
At the same time, the City was reviewing the City Code to standardize and streamline
enforcement of their Film and Print Ordinance. Commissioner Weithorn suggested there should
be enhanced penalties for productions that don't have a permit and perhaps be banned for one •
year before they can obtain a permit.Weithorn further stated she was concerned with individuals
who do not follow the rules; they should be fined with severe penalties, in order to obtain full
compliance. Discussion also focused on homeowners that rent houses for film productions
without permits. Mayor Bower requested that penalties be enforced to homeowners that rent
properties as well.
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