Ordinance 2024-4585 ORDINANCE NO. 2024-4585
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-55 THEREOF, ENTITLED "PARKING RATES,
FEES, AND PENALTIES; EXCEPTIONS," BY ESTABLISHING A
VOLUNTARY DISABLED PERSON PARKING REGISTRATION
PROGRAM FOR INDIVIDUALS PROPERLY IN POSSESSION OF A VALID
DISABLED PERSON PARKING PERMIT OR DISABLED PERSON
LICENSE PLATE,. IN ORDER TO PROVIDE THOSE PERSONS WHO
ELECT TO REGISTER WITH THE CITY THE BENEFIT OF PARKING
WITHOUT INCURRING A FEE WHEN PARKED IN CITY PARKING LOTS,
FACILITIES, AND TIMED ON-STREET METERED PARKING SPACES;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is a small barrier island nestled between Biscayne
Bay (on the west) and the Atlantic Ocean (on the east); and
WHEREAS, the City only has approximately 90,000 residents and fifteen (15) square
miles of land within its territorial jurisdiction; and
WHEREAS, despite its small size, the City of Miami Beach is an internationally-
renowned tourist destination; and
WHEREAS, due to its domestic and international popularity as an art and cultural, resort,
shopping, and entertainment destination, the City hosts thousands of visitors (including many
"day-trippers") nearly every single day of the year; and
WHEREAS, due to its density and small geographic area, there is a limited amount of
parking within the City;and
WHEREAS, there is a statewide (and national) problem concerning the fraudulent and
illegal acquisition and usage of disabled person license plates and parking permits/placards;
and
WHEREAS, the rampant use (and misuse) of disabled person license plates and
parking permits/placards within the City's parking lots, facilities, and on-street metered
spaces has directly led to many City residents, whether disabled or not, often being unable
to find any available parking space; and
WHEREAS, the Mayor and City Commission find that this issue concerning the lack
of available parking is caused, in substantial part, by vehicle owners or operators parking
vehicles throughout the City merely by virtue of displaying a disabled person parking permit
or disabled person license plate, whether valid or not, and whether transporting the person
with the disability or not; and
WHEREAS, pursuant to Florida law, in particular Fla. Stat. § 316.1964, and section
30-43(7) of the Miami-Dade County Code, the City is authorized to charge and collect parking
fees for parking in City facilities and lots that provide timed parking spaces by any vehicle
that displays a disabled parking permit or license plate issued under state law in the same
manner and amount as it charges other persons, except any such vehicle: (i)with specialized
equipment, such as ramps, lifts, or foot or hand controls, or for utilization by a person who
has a disability; (ii) whose vehicle is displaying the Florida Toll Exemption permit; or (iii)
displaying a disabled veteran license plate; and
WHEREAS, pursuant to Fla. Stat. § 316.1964, and section 30-43(5) of the Miami-
Dade County Code, when an on-street parking meter restricts the duration of time that a
vehicle may be parked, a vehicle properly displaying a disabled person license permit or
disabled person license plate, may be penalized if parked in excess of posted time limits or
parked in areas that are clearly defined as one of the following: bus loading zones; fire zones
or fire lanes; emergency vehicle zones; access aisles adjacent to parking spaces for persons
who have disabilities; or in areas posted as "no parking" zones; and
WHEREAS, by establishing a voluntary disabled person parking registration program
for persons with valid disabled parking permits and license plates, the City may be better
able to contend with the ongoing issues surrounding the abuse of disabled parking
permits/placards and license plates; and may also be better able to distinguish valid and
properly issued disabled parking permits/placards and license plates from those that were
not properly issued or are being utilized in an inappropriate and/or illegal manner; and
WHEREAS, the voluntary City disabled person parking registration program shall
include registrants providing certain basic information concerning their vehicle and the
physician who certified their eligibility to receive such disabled parking permit/placard or
license plate, and the City will then provide registrants with free parking in City lots, facilities,
and timed on-street metered parking spaces (with the exception of designated residential
parking permit zones); and
WHEREAS, after discussion at the June 23, 2023 Finance and Economic Resiliency
Committee ("FERC") meeting, the Ordinance was unanimously approved and recommended
by FERC to be transmitted for consideration by the full City Commission; and
WHEREAS, the Mayor and City Commission desire to adopt the following amendments
to address, and hopefully aid in remediating, the ongoing issue concerning the lack of available
parking spaces for City residents and visitors, and especially City residents and visitors with
disabilities, in City parking lots, facilities, and on-street metered parking spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Section 106-55 of the City Code, be amended as follows and as hereinafter set forth
below:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE II. METERED PARKING
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DIVISION 1. GENERALLY
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Sec. 106-55. Parking rates, fees, and penalties; exceptions.
Parking rates, fees, and penalties for the following parking facilities are set forth in appendix
A to this Code:
(a) Parking meter zones and time limits.
(1) Entertainment district parking zone: All metered parking from Ocean Drive to
Pennsylvania Avenue; and from 5th Street to 15th Street, including Washington
Avenue. All metered parking in the Entertainment District Parking Zone shall be
enforced 24 hours a day, seven days per week.
(2) South Beach Parking Zone:All metered parking south of 23rd Street(Dade Boulevard),
from Ocean Drive to the westernmost parking lane of Alton Road, between South
• Pointe Park and 17th Street; and from 17th Street to 21 st Street(Sunset Harbour Drive)
from Alton Road to the westernmost parking areas along Purdy Avenue and to
Biscayne Bay, with the exception of the areas referenced in subsection 106-55(a)(1)
entitled "Entertainment District Parking Zone". All metered parking in the South Beach
Parking Zone shall be enforced from 9:00 a.m. until 3:00 a.m., seven days per week.
(3) East Middle Beach Zone:All metered parking from 23rd Street to 44th Street, and from
Collins Avenue to Indian Creek. All metered parking in this area shall be enforced from
9:00 a.m. until 3:00 p.m., seven days per week.
(4) West Middle Beach Zone: All metered parking north of 23rd,Street and south of 63rd
Street, with the exception of the areas referenced in subsection 106-55(a)(3) entitled
"East Middle Beach Zone". All metered parking shall be enforced from 8:00 a.m. until
6:00 p.m., seven days per week.
(5) North Beach Zone:All metered parking north of 63rd Street. All metered parking shall
be enforced from 8:00 a.m. until 6:00 p.m., seven days per week.
(b) Municipal parking garages and parking lots.
(1) 7th Street Garage. -
(2) 12th Street Garage:
(3) 13th Street Garage.
(4) 16th Street Garage.
(5) 17th Street Garage.
(6) City Hall Garage.
(7) Pennsylvania Avenue Garage.
(8) Sunset Harbor Garage.
(9) 42nd Street Garage.
(10) Convention Center Garage.
(11) P71 - 46th Street and Collins Avenue Municipal Parking Lot: Monday to Sunday, 24
hours a day enforcement.
(12) Collins Park Garage.
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(c) Facility specific monthly parking permit program.,
(1) Facility specific monthly parking is available on a first-come first-served, space
available basis.
a. Municipal parking lots: Facility specific monthly parking in surface lots is available
on a first-come first-served, space available basis. The monthly permit is issued by
the parking department's permit liaison at the offices of the parking department. All
monthly parkers are required to renew their monthly parking in advance, no later
than the fifth of each month. If payment is not received by the fifth of the month,
then the permit is rendered invalid. Monthly facility specific permit parking can be
purchased for up to three months at a time. At no time shall such permit parking be
sold for a period of greater than three months, unless by action of the mayor and
city commission.
b. Municipal parking garages: Facility specific monthly parking in municipal parking
garages available on a first-come first-served, space available basis. Permits are
issued by the parking department's permit liaison at the offices of the parking
department. There is a deposit required for each access card (permit) issued. Lost
access cards will be replaced at a fee per access card. All monthly parkers are
required to renew their monthly parking in advance, no later than the 25th of each
month. If payment is not received by the 25th of the month, then the access card
(permit) is electronically rendered invalid. Monthly facility specific permit parking
can be purchased for up to three months at a time. At no time shall such permit
parking be sold for a period of greater than three months, unless by action of the
mayor and city commission.
c. On-street areas:Area specific on-street monthly parking is available on a first-come
first-served, space available basis. Permits are issued by the parking department's
permit liaison at the offices of the parking department. The parking director shall
oversee and develop these special on-street monthly permit areas as deemed
necessary, where off-street parking facilities are .not available to accommodate
monthly parkers.All monthly parkers are required to renew and pay for their monthly
parking in advance, no later than the 25th of each month. If payment is not received
by the 25th of the month, then the permit is rendered invalid. Monthly on-street area
specific permit parking can be purchased for up to three months at a time. At no
time shall such permit parking be sold for a period of greater than three months, .
unless by action of the mayor and city commission.
(d) Special realtor permits. Parking permits are available to realtors licensed in the city and may
be purchased by realtors presenting a real estate license with a city address. This special
realtor permit allows Miami Beach realtors to park in restricted residential zones throughout
the city, during the days and hours of restriction for a maximum of two hours per location.
The permit is not valid at parking meters (on-street or off-street) and is not valid at any
attended municipal parking lot or municipal parking garage.
(e) Reserved/restricted commercial on-street permit parking. Reserved/restricted commercial
on-street permit parking is permitted for the production industry only. Requests for said areas
are handled by the parking director on a case by case, space available basis. No
reserved/restricted on-street permit area shall be created from a metered parking space. Said
reserved/restricted on-street permit parking shall be installed . to accommodate.
broadcast/satellite and production vehicles. The monthly fee for the reserved/restricted on
street spaces are calculated based on the linear feet of reserved space, per month; payable
on a quarterly basis . only. Reserved/restricted commercial on-street permit parking
permittees are required to renew their parking permit quarterly in advance, no later than the
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25th of the month preceding the next quarterly billing period. If payment is not received, then
the permit and restricted area is rendered invalid. Permit parking may be purchased for up •
to three months at a time. At no time shall such permit parking be sold for a period of greater
than three months unless by action of the mayor and city commission. New and replacement
signs shall be paid by the permittee.
(f) Valet storage spaces. The city may provide on an as-needed basis, the ability for a valet
service company to rent public parking spaces to accommodate valet parking storage for
special events. The parking director shall weigh the impact of each request on the parking
area and its users, and shall determine both the ability to lease spaces, and the number of
spaces that may be leased for, the special event. The fee per space is payable in advance
at least 48 hours or two business days, whichever is greater. The daily rate includes
applicable sales tax. No additional public parking space rentals for valet storage shall be
allowed unless by action of the mayor and city commission.
(g) Metered parking space rentals.
(1) Administrative fees:The parking department shall charge an administrative service fee
for all space rental requests. The fee schedule is according to the number of spaces
rented.
(2) " Valet ramp space rentals:The city may provide on an as-needed basis, the ability for a
valet service company to rent public parking spaces for the purpose of creating a valet
ramp for the expeditious unloading and loading of passengers. The parking director shall
determine the number and location of said spaces, and will provide, if possible, spaces
adjacent to the business served by the valet service. A copy the valet occupational
license for the location to be served, a notarized letter of authorization from the business
owner and a certificate of insurance covering the valet service location must be
presented to the parking department when submitting for the first space rental request.
The fee per space is payable two weeks in advance for regular users, and at least 48
hours or two business days, whichever is greater, in advance for special events. Rented
spaces shall state, "No Parking/Tow Away" and shall be strictly enforced.
(3) Construction space rentals: Space rentals for construction purposes shall only be
restricted between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. Space
rental shall end on Friday evenings at 6:00 p.m. to allow for additional parking
opportunities for the public on the weekends. Construction space rentals shall state, "No
Parking 6am-6pm/Tow Away." A copy of a valid, city issued building permit must
accompany each application for space rental. Only essential vehicles shall be parked at
rented spaces. No construction crew parking is allowed at spaces rented for
construction. Construction rented spaces are payable two weeks in advance. If the rental
is to be greater than a two-week period; then payment shall be due one month in
advance. Construction rented spaces can be purchased for up to three months at a time.
At no time shall such permit parking be sold for a period of greater than three months
unless by action of the mayor and city commission.
(4) Production and film space rental: The city may provide on an as-needed basis, rented
spaces to accommodate production and film needs. A copy of a valid, city issued
production/film permit must accompany each application for space rental. The fee per
space is payable in advance at least 48 hours or two business days, whichever is
greater. Rented spaces for production and film use shall state "No Parking/Tow Away,"
and shall be strictly enforced. Only essential vehicles shall be allowed to park at rented
spaces, arrangements for crew parking on a first-come, first-served basis can be
arranged with the parking department at underutilized parking garages and lots, as
determined by the parking department director. A daily flat rate per vehicle shall apply.
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Production vehicles may obtain a production company recreational vehicle (PCRV)
parking permit.A PCRV parking permit for production and film recreational vehicles may
be used at metered parking spaces citywide and at taxi stands during non-operational
hours. A PCRV parking permit is not valid in residential parking zones. A valid
production/film permit must be prominently displayed on the driver's side dashboard.
The PCRV parking permit is valid only during the days/hours stated on the
production/film permit displayed. Metered parking rates are effective at all other
applicable enforcement hours.
(5) Special events space rental:The city may provide on an as-needed basis, parking space
rental to accommodate special events.A copy of a valid, city-issued special event permit
must accompany each application for space rental. The fee per space is payable in
advance at least 48 hours or two business days,whichever is greater.The fee per space
for not-for-profit organizations is payable in advance at least 48 hours or two business
days, whichever is greater. Only essential vehicles shall be allowed to park at rented
spaces arrangements for event staff parking on a first-come, first-served basis can be
arranged with the parking department. Rented spaces shall state, "No Parking/Tow
Away", and shall be strictly enforced.
(h) Parking space removal.
(1) Temporary parking meter removal: The city may provide for the temporary removal of
parking meters to accommodate construction and other limited needs. There is a fee for
the removal and a fee for the re-installation of the post. Space removal and replacement
shall be paid to the parking department in advance. Additionally, the applicable bagged
space rental rate shall be assessed on a per space, per day basis, payable in advance,
until such time as the parking post is reinstalled.
(2) Private requests for permanent parking space or loading zone removal prohibited:
Private requests for permanent parking space or loading zone removal shall only be
allowed for the purpose of creating access to an off-street parking facility or other
vehicular access to the property. Private requests for the permanent removal of a
parking space or loading zone for any other reason shall be prohibited. When permitted,
the fee for the private permanent removal of a parking space or loading zone shall be
the same rate as the fee in lieu of required parking, except that single family uses
' seeking,to provide access to off-street parking shall be exempt from paying this fee for
the removal of one space.
(i) Temporary residential guest parking placard permits. Temporary residential guest permits,
allowing for guest parking in the restricted residential zones and metered zones is available
to bona fide guests of a resident of the restricted residential parking zones. Permits must be
purchased by a restricted residential zone resident. Temporary guest permits are only valid
in the residential zone of the resident purchasing the guest permit, and are not valid at any
parking meter, municipal parking lot or garage. Documentation established by the City of
Miami Beach Parking Department will be required as proof of residency.
(j) Hotel hang tag program. A daily 24-hour small hotel hang tag program is made available by
the parking department through eligible hotels. A small hotel is defined as a hotel consisting
of less than 150 guest rooms, and does not provide a hotel valet parking service for its guests.
The hotel hang tag is day, month and year specific. The hang tag is sold by the hotel to the
guest. The hotel is responsible for proper issuance of the hang tag to include: hole punching
the appropriate day, month and year and charging no more than $10.00 the fee set forth in
appendix A to this Code to the hotel guest for the hang tag. At no time may the hotel add any
surcharge or additional charge to the hotel hang tag fee. The hotel hang tag is valid from
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12:00 noon on the day of issuance (the hole punched date) until 12:00 noon the following
day. The parking director shall establish the parking areas of the hotel hang tag program.
(k) Restricted and non-restricted residential parking program. Residential parking zones are
created to protect the quality of life of the city's residents in areas where residential parking
is severely impacted by competing uses. The zones are as follows:
(1) Zone 1 South Pointe.
(2) Zone 2 Flamingo Park.
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(3) Zone 3 Michigan/Lenox.
(4) Zone 4 Museum District. •
(5) Zone 5 Art Deco District.
(6) Zone 6 Indian Creek/Collins Avenue.
(7) Zone 8 Bonita Drive.
(8) Zone 9 Alton Road/MSMC(Alton Road between 41 Street and Alton Road North Bound).
(9) Zone 11 Lake Pancoast (bounded by 25 Street on the north: 24 Street on the south:
Lake Pancost Drive on the east: and Pine Tree Drive on the west).
(10)Zone 12 Upper West Avenue.
(11)Zone 14 Belle Isle.
(12)Zone 15 Altos del Mar (bounded by 87 Terrace on the north; 75 Street on the south;
Collins Avenue on the east; and Collins Court on the west).
(13).Zone 16 North Michigan Avenue/Bayshore (bounded by Alton Road on the north; Dade
Boulevard on the south; Michigan Avenue on the east; and Alton Road on the west).
(14)Zone 17 Meridian Avenue (North of Dade Blvd.)/Bayshore (2000 Block of Meridian
Avenue). -
(15)Zone 19 Nautilus (42 Street and Sheridan Avenue).
(16)Zone 20 Flamingo Drive (bounded by 41 Street on the north; 25 Street on the south;
Flamingo Drive on the east; and Pine Tree Drive on the west).
(17)Zone 21 Sheridan Avenue/Bayshore (bounded by 30 Street on the north; 28 Street on
the south; Pine Tree Drive on the east; and Sheridan Avenue on the west).
(18)Zone 22 Nautilus Drive (bounded by 42 Street on the north: 41 Street on the south; N.
Meridian Avenue on the east: and Alton Road on the west).
(19)Zone 23 Garden Avenue (Garden Avenue - Meridian Avenue/39 Street- 40 Street).
(20)Zone 25 Prairie Avenue (Prairie Ave between W. 42 Street and W. 44 Street).
(I) Exceptions.
(1) Flat parking rate. A flat parking rate for nonresidents and for residents of the city(photo
identification required) may be established during the city's annual budget process, as
recommended by the city manager and approved by the city commission, at certain
attended municipal garages and surface lots which have been identified by the city
manager to be in the best interest of the community's health, safety, and welfare.
(2) Parking incentive program. The city manager is authorized to designate "resident
parking days" (evenings 6:00 p.m. to 12:00 midnight) for city residents (proof of
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residency required) at all attended garages and lots and residential decal holders at on-
street meters and/or off-street metered facilities and identify an incentive to be combined
with specific initiatives sponsored and/or promoted by the city to stimulate local
businesses during off-peak periods.
(3) Miami Beach registered resident discount. Miami Beach residents, who have registered
and provided with proof of residency to the parking department, shall receive a
discounted hourly rate at on-street meters, off-street meters, and garages.
a) Voluntary parking registration program for disabled persons.The city shall establish, and
the parking department shall implement and administer, a voluntary disabled person
parking registration program which shall be made available to any person legally in
possession of a valid disabled person parking permit or disabled person license plate
issued pursuant to Fla. Stat. 316.1958 or Fla. Stat. 320.0848
fa) Registrants electing to participate in the program must provide the following basic
information, in a form and manner to be determined by the parking department, prior
to being enrolled in the program:
DI the name, address and telephone number of the registrant(the person to whom
the disabled person parking permit or license plate was issued);
OD the make, model and license plate number of the registrant's vehicle, or the
vehicle used to transport the registrant (the parking director, or designee, may
approve the registrant enrolling more than 1 vehicle, as may be necessary, in
the sole discretion of the parking director or designee, based upon the particular
circumstances of the registrant);
ili a certification from the physician or other medical professional that approved the
• issuance of the disabled parking permit or license plate or, alternatively, the
registrant may provide the name, business address, telephone number, and
medical license number of the physician or other medical professional that
approved the issuance of the disabled parking permit or license plate to the
registrant; and
iv a fullyexecuted and duly notarized consent, waiver and release, in a form to be
provided by the city, providing express consent for the city to contact the
physician or other medical professional who approved the issuance of the
registrant's disabled parking permit or license plate,for the limited purpose of the •
city verifying that such physician or other medical professional exists, is properly
licensed and, in fact,certified the registrant as having a qualifying disability.
(b) Registrants approved for enrollment in the program by the parking director, or
designee, shall be entitled to park, without incurring any fee, in city parking lots,
facilities and timed on-street metered parking spaces, except that the restrictions on
parking within designated residential parking permit zones shall not be included, as
parking in designated residential zones shall continue to be governed by section
106-84 of the city code.
(m) Residential parking visitor permit. Daily restricted residential parking visitor permits are valid
for a 24-hour period.
(n) Smartway vehicles incentive. The Smartway program will use the state ILEV list; EPA
(Environmental Protection Agency)"Smartway"designation; and allow all street legal electric
vehicles to qualify for participation in the program. Incentives to be offered to qualified and
registered vehicle owners include:
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(1) Monthly parking permit holders for all facilities will be afforded a 50-percent discount on
the monthly rate.
(2) Residential permit holder in all designated zones shall receive a 50-percent savings on
either their annual or semi-annual residential permit.
(3) One thousand city-wide parking decals, honored at metered spaces only, shall be
available only to state-registered Smartway vehicles; vehicles receiving an EPA
(Environmental Protection Agency) "Smartway" designation; and all street legal electric
vehicles on a first-come, first-served basis. Upon reaching the sale of 750 "Smartway"
city-wide permits,the sustainability and resiliency committee shall take this matter under
consideration and provide a recommendation to the city commission.
(4) Two percent of the parking spaces at the 42nd Street Municipal Parking garage may be
designated as "Smartway Vehicle Parking Only" for use by recognized Smartway
vehicles. One percent of the parking spaces at the 7th Street garage and 13th Street
garage may be designated as "Smartway Vehicle Parking Only" for use by recognized
Smartway vehicles. Notwithstanding the preceding sentence, the city manager or his
designee, who shall be the city's parking director, reserves the right, in his reasonable
business judgment and discretion, to temporarily suspend the aforestated "Smartway
Vehicle Parking Only" during special events in order to ensure maximum utilization of all
parking spaces.
(o) Resident scooter and motorcycle permits. Annual scooter and motorcycle parking permits
are available for Miami Beach residents who are registered with the State of Florida as the
• scooter or motorcycle owner. The permit will, be honored at all designated scooter and
motorcycle municipal metered parking spaces.
(p) Freight loading zone (FLZ) permit. An FLZ permit will allow the use of freight loading zones
by permitted commercial motor vehicles. Qualifying commercial motor vehicles must register
and purchase an annual permit. One of every five non-transferable permits shall authorize
the permittee to purchase a transferable permit. Permits are transferable to other qualifying
commercial motor vehicles, as described in herein, and shall expire annually. The permit
must be in good standing and the commercial motor vehicle must be actively engaged in
loading activities when stopping, standing, or parked in a freight loading zone. Freight loading
locations, regulations, including maximum time limits, and permitted days/hours shall be
determined by the city manager or his designee.
(q) Alley loading (AL) permit. An AL permit will allow for the use of alleys by permitted vehicles.
Qualifying vehicles must register and purchase an annual permit. One of every five non-
transferable permits shall authorize the permittee to purchase a transferable permit. Permits
are transferable to other qualifying vehicles, as described herein, and shall expire on
annually. The permit must be in good standing, prominently displayed, and the vehicle must
be actively engaged in loading activities when stopping, standing, or parked in an alley. Alley
regulations, including maximum time limits and permitted days/hours shall be determined by
the city manager or his designee.
(r) Hostel/Bed&Breakfast(B&B)in Restricted Residential Zones.A daily 24-hour parking permit
is made available by the parking department for Hostel/Bed & Breakfast located in restricted
residential zones. The parking permit is sold by the hostel/B&B to the guest. The hostel/B&B
is responsible for proper issuance of the permit (ensuring that vehicle license plate
information is entered correctly) and is also responsible for charging the hostel/B&B guest
no more than the daily fee set forth in "appendix A" to this Code for the permit. At no time
may the hostel/B&B add any surcharge or additional charge to the parking permit fee. The
permit is valid for 24 hours from time of purchase. The maximum number of daily permits
allowable is determined according to the number of rooms in the establishment, as follows:
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Three to ten rooms: Three guest permits. 11 to 20 rooms: Ten guest permits.
Over 20 rooms: One permit for every five rooms.
The hostel/B&B must provide a sworn affidavit stating the number of rooms in the
establishment.
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.
This Ordinance shall take effect on the l° day of Fehr-Leary ,
PASSED AND ADOPTED this 3/ day of Jchu % ,'2o xi
ATTEST:
teven Meiner, Mayor
Rafael . Granado, City Clerk if47
I •'y'''
(Sponsored by Commissioner Alex J. Fernandez) 3,y INtOAP OAATEy=-
Underline denotes additions /4
denotes deletions
Co-Sponsored by Commissioner Tanya IC Bhatt APPROVED AS TO
Co-Sponsored by Commissioner David Suarez FORM & LANGUAGE
Co-Sponsored by Commissioner Joseph Magazine &FOR EXECUTION
�r 17—�3
City Attorney. A,1� Date
!V vl`
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Ordinances- R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 31, 2024
10:50 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-55 THEREOF, ENTITLED "PARKING RATES,
FEES, AND PENALTIES; EXCEPTIONS," BY ESTABLISHING A
VOLUNTARY DISABLED PERSON PARKING REGISTRATION PROGRAM
FOR INDIVIDUALS PROPERLY IN POSSESSION OF A VALID DISABLED
PERSON PARKING PERMIT OR DISABLED PERSON LICENSE PLATE, IN
ORDER TO PROVIDE THOSE PERSONS WHO ELECT TO REGISTER
WITH THE CITY THE BENEFIT OF PARKING WITHOUT INCURRING A
FEE WHEN PARKED IN CITY PARKING LOTS, FACILITIES, AND TIMED
ON-STREET METERED PARKING SPACES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
BACKGROUND/HISTORY
On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission
referred for discussion, Item C4 J to the Finance and Economic Resiliency Committee (FERC
or Committee)and the Disability Access Committee (DAC).
At the February 17, 2023 FERC meeting, the Committee discussed the subject item and also
discussed a similar item sponsored by then Commissioner Richardson, both pertaining to
managing disabled parking curb abuse. The Committee discussed the potential for a registration
process that would allow disabled placard holders to park at on-street parking facilities in excess of
posted times.
The Committee recommended that the discussion continue to the June 23, 2023 FERC
meeting, where ultimately the Committee unanimously supported forwarding the proposed
ordinance to the City Commission with a favorable recommendation.
Page 1105 of 2002
The ordinance was scheduled for First Reading at the September 13, 2023 Commission
meeting (Item R5 AA) but was not reached. It was then scheduled for the October 18, 2023
Commission meeting (Item R5 X)but was again not reached.
The Ordinance was adopted on First Reading at the December 13, 2023 Commission meeting
and scheduled for a Second Reading Public Hearing for January 31, 2024.
ANALYSIS
The Parking Department worked with the City Attorney's Office to identify possible actions to
help mitigate disabled placard abuse. Florida Statute 316.1964 authorizes counties and
municipalities to charge parking rates to vehicles displaying a disabled parking placard at
garages and lots, except for vehicles displaying ,a Florida Toll Exemption permit, vehicles
displaying a disabled veteran license plate and vehicles with specialized equipment, such as
ramps, lifts or foot or hand controls.
Miami-Dade County Code, 30-43(7)(c) also allows municipalities to charge and collect parking
fees for parking in City facilities and parking lots that provide timed parking spaces for vehicles
displaying a disabled parking placard, permit or license plate, except for the exemptions
provided by Florida law(listed above). Based on the above, the City has the authority to charge
vehicles displaying a disabled placard for parking in municipal lots and garages.
For on-street parking, the City may impose time limits and fees for all persons, including those
with disabled placards. When an on-street parking meter restricts the duration of time that a
vehicle may be parked, a vehicle properly displaying a disabled placard or permit may be
penalized if parked in excess of posted time limits or parked in areas that are clearly defined as
one of the following: bus loading zones; fire zones or fire lanes; emergency vehicle zones;
access aisles adjacent to parking spaces for persons who have disabilities; or in areas posted
as "no parking" zones. Currently, all persons with disabled placards receive a maximum of four
(4) hours free on-street parking but are bound by established time limits for on-street parking,
similar to all other persons.
In the case where the time limit exceeds four(4) hours, disabled placard holders can be limited
to four(4) hours of free parking but would be subject to the established fees for the hours that
extend beyond four (4) hours. For example, if there is a two (2)-hour on-street maximum in a
particular area, then a person with a disabled placard would be subject to the same two (2)-hour
limit but would get such two (2) hours free. However, if the established time limit exceeds four
(4) hours, then the disabled placard holder gets a maximum of four(4)free hours, but then must
pay for the remaining hours should the disabled placard holder park beyond those initial four(4)
hours.
This item was presented at the April 18, 2023 DAC meeting. The Committee expressed
concern that those people who truly need and have a valid disabled placard, would be punished
along with those that fraudulently obtained disabled placards.
Proposed Ordinance: Voluntary Disabled Person Parking Registration Program.
The City Attorneys Office prepared a proposed draft ordinance regarding a voluntary
registration program. By establishing a Voluntary Disabled Person Parking Registration
Program for persons with valid disabled parking placards and license plates, the City may be
better able to mitigate the ongoing issues surrounding the abuse of disabled parking
Page 1106 of 2002
permits/placards and license plates. Additionally, the City may also be better able to distinguish
valid and properly issued disabled parking permits/placards and license plates from those that
were not properly issued or are being utilized in an inappropriate and/or illegal manner.
The Voluntary Disabled Person Parking Registration Program would require that registrants
provide certain basic information concerning their vehicle and the physician who certified their
eligibility to receive such disabled parking permit/placard or license plate. The City would
provide registrants with free parking in City lots, facilities, and timed on-street metered parking
spaces (with the exception of designated residential parking permit zones).
The proposed ordinance (Attachment A) would amend Chapter 106 of the City Code and
provide for the following:
Voluntary parking registration program for disabled persons. The city shall establish, and the
parking department shall implement and administer, a voluntary disabled person parking
registration program which shall be made available to any person properly in possession of a
valid disabled person parking permit or license plate.
(a) Registrants electing to participate in the program must provide the following basic
information, in a form and manner to be determined by the parking department, prior to being
enrolled in the program:
(i)the name, address and telephone number of the registrant (the person to whom the disabled
person parking permit, disabled person license plate or disabled veteran license plate was
issued);
(ii)the make, model and license plate number of the registrant's vehicle, or the vehicle used to
transport the registrant. The parking director, or designee, may approve the registrant enrolling
more than 1 vehicle, as may be necessary, in the sole discretion of the parking director or
designee, based upon the particular circumstances of the registrant;
(iii)a certification from the physician or other medical professional that approved the issuance of
the disabled parking permit or license plate, or disabled veteran license plate to the registrant;
or, alternatively, the registrant may provide the name, business address,telephone number, and
medical license number of the physician or other medical professional that approved the
issuance of the disabled parking permit or license plate, or disabled veteran license plate to the
registrant; and
(iv) a fully executed and duly notarized consent, waiver and release, in a form to be provided by
the city, providing express consent for the city to contact the physician or other medical
professional who approved the issuance of the registrant's disabled parking permit or license
plate, for the limited purpose of the city verifying that such physician or other medical
professional exists, is properly licensed and, in fact, certified the registrant as having a qualifying
disability.
(b) Registrants approved for enrollment in the program by the parking director, or designee,
shall be entitled to park, without incurring any fee, in city parking lots, facilities and timed on-
street metered parking spaces, except that the restrictions on parking within designated
residential parking permit zones shall not be included, as parking in designated residential zones
shall still be governed by section 106-84 of the city code.
Page 1107 of 2002
•
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in
the attached, a Business Impact Estimate is required for the subject Ordinance. The City of
Miami Beach estimates that no businesses are likely to be impacted by the proposed
Ordinance. The Business Impact Estimate was published on the City's website on January 17,
2024.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on
December 13, 2023, the following information has been requested from the primary item
sponsor as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): N/A
SUPPORTING SURVEY DATA
In the 2022 Miami Beach Community Satisfaction Survey referencing parking availability, sixty-
five percent(65%)of resident respondents indicated that there is too little on-street parking and
fifty percent(50%)indicated that there is too little lot parking.
FINANCIAL INFORMATION
Reducing disabled parking abuse will have a positive impact on parking revenue.
Amount(s)/Acount(s):
N/A
CONCLUSION
The abuse of disabled placards negatively impacts parking revenues, but more importantly, it
impacts accessible parking space availability for those who genuinely need them. The
proposed disabled parking placard registration program will serve to curb placard abuse, while
providing those with disabled placards who opt to register with the City, the same parking
benefits they enjoy today.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Page 1108 of 2002
Parking
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners Bhatt, Suarez, &
Magazine
ATTACHMENTS:
Description
o BIE Published 01-17-2024, Commission Memo, and Ordinance
Page 1109 of 2002
•
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139.www.miamibeachfl.gov
TO: Honorable Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Manager ile ��GG VIA- r
MEETING DATE: January 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 106-55 THEREOF, ENTITLED "PARKING
RATES, FEES, AND PENALTIES; EXCEPTIONS," BY ESTABLISHING A VOLUNTARY
DISABLED PERSON PARKING REGISTRATION PROGRAM FOR INDIVIDUALS
PROPERLY IN POSSESSION OF A VALID DISABLED PERSON PARKING PERMIT
OR DISABLED PERSON LICENSE PLATE, IN ORDER TO PROVIDE THOSE
PERSONS WHO ELECT TO REGISTER WITH THE CITY THE BENEFIT OF PARKING
WITHOUT INCURRING A FEE WHENPARKED IN CITY PARKING LOTS, FACILITIES,
AND TIMED ON-STREET METERED PARKING SPACES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
21 Yes =No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ • The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
❑ The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
Page 1110 of 2002
Business Impact Estimate
Page 2
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None
Page 1111 of 2002
Ordinances- R5 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: December 13, 2023
First Reading
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND VEHICLES,"
BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY
AMENDING DIVISION 1, ENTITLED"GENERALLY," BY AMENDING SECTION
106-55 THEREOF, ENTITLED "PARKING RATES, FEES, AND PENALTIES;
EXCEPTIONS," BY ESTABLISHING A VOLUNTARY DISABLED PERSON
PARKING REGISTRATION PROGRAM FOR INDIVIDUALS PROPERLY IN
POSSESSION OF A VALID DISABLED PERSON PARKING PERMIT OR
DISABLED PERSON LICENSE PLATE, IN ORDER TO PROVIDE THOSE
PERSONS WHO ELECT TO REGISTER WITH THE CITY THE BENEFIT OF
PARKING WITHOUT INCURRING A FEE WHEN PARKED IN CITY PARKING
LOTS, FACILITIES, AND TIMED ON-STREET METERED PARKING SPACES;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
BACKGROUND/HISTORY
On December 14, 2022, at the request of Commissioner Alex Fernandez, the City
Commission referred for discussion, Item C4 J to the Finance and Economic Resiliency
Committee(FERC or Committee)and the Disability Access Committee(DAC).
At the February 17,2023 FERC meeting,the Committee discussed the subject item and also
discussed a similar item sponsored by then Commissioner Richardson, both pertaining to
managing disabled parking curb abuse. The Committee discussed the potential for a
registration process that would allow disabled placard holders to park at on-street parking
facilities in excess of posted times.
The Committee recommended that the discussion continue to the June 23, 2023 FERC
meeting, where ultimately the Committee unanimously supported forwarding the proposed
ordinance to the City Commission with a favorable recommendation.
Page 1112 of 2002
The ordinance was scheduled for First Reading at the September 13, 2023 Commission
meeting(Item R5 AA) but was not reached. It was then scheduled for the October 18, 2023
Commission meeting (Item R5 X) but was again not reached.
ANALYSIS
The Parking Department worked with the City Attorney's Office to identify possible actions
to help mitigate disabled placard abuse. Florida Statute 316.1964 authorizes counties and
municipalities to charge parking rates to vehicles displaying a disabled parking placard at
garages and lots, except for vehicles displaying a Florida Toll Exemption permit, vehicles
displaying a disabled veteran license plate and vehicles with specialized equipment, such
as ramps, lifts or foot or hand controls.
Miami-Dade County Code, 30-43(7Xc) also allows municipalities to charge and collect
parking fees for parking in City facilities and parking lots that provide timed parking spaces
for vehicles displaying a disabled parking placard, permit or license plate, except for the
exemptions provided by Florida law (listed above). Based on the above, the City has the
authority to charge vehicles displaying.a disabled placard for parking in municipal lots and
garages.
For on-street parking, the City may impose time limits and fees for all persons, including
those with disabled placards. When an on-street parking meter restricts the duration of time
that a vehicle may be parked, a vehicle properly displaying a disabled placard or permit may
be penalized if parked in excess of posted time limits or parked in areas that are clearly
defined as one of the following: bus loading zones; fire zones or fire lanes; emergency
vehicle zones; access aisles adjacent to parking spaces for persons who have disabilities;
or in areas posted as "no parking" zones. Currently, all persons with disabled placards
receive a maximum of four (4) hours free on-street parking but are bound by established
time limits for on-street parking similar to all other persons.
In the case where the time limit exceeds four (4) hours, disabled placard holders can be
limited to four(4) hours of free parking but would be subject to the established fees for the
hours that extend beyond four (4) hours. For example, if there is a two (2)-hour on-street
maximum in a particular area, then a person with a disabled placard would be subject to the
same two (2)-hour limit but would get such two (2) hours free. However, if the established
time limit exceeds four(4) hours, then the disabled placard holder gets a maximum of four
(4)free hours, but then must pay for the remaining hours should the disabled placard holder
park beyond those initial four(4) hours.
This item was presented at the April 18, 2023 DAC meeting. The Committee expressed
concern that those people who truly need and have a valid disabled placard, would be
punished' along with those that fraudulently obtained disabled placards.
Proposed Ordinance: Voluntary Disabled Person Parking Registration Program
The City Attorney's Office prepared a proposed draft ordinance regarding a voluntary
registration program. By establishing a Voluntary Disabled Person Parking Registration
Program for persons with valid disabled parking placards and license plates, the City may
be better able to mitigate the ongoing issues surrounding the abuse of disabled parking
permits/placards and license plates. Additionally, the City may also be better,able to
distinguish valid and properly issued disabled parking permits/placards and license plates
from those that were not properly issued or are being utilized in an inappropriate and/or
illegal manner.
Page 1113 of 2002
The Voluntary Disabled Person Parking Registration Program would require that registrants
provide certain basic information concerning their vehicle and the physician who certified
their eligibility to receive such disabled parking permit/placard or license plate. The City
would provide registrants with free parking in City lots,facilities, and timed on-street metered
parking spaces (with the exception of designated residential parking permit zones).
The proposed ordinance (Attachment A) would amend Chapter 106 of the City Code and
provide for the following:
Voluntary parking registration program for disabled persons. The city shall establish, and the
parking department shall implement and administer, a voluntary disabled person parking
registration program which shall be made available to any person properly in possession of
a valid disabled person parking permit or license plate.
(a) Registrants electing to participate in the program must provide the following basic
information, in a form and manner to be determined by the parking department, prior to being
enrolled in the program:
(i) the name, address and telephone number of the registrant (the person to whom the
disabled person parking permit, disabled person license plate or disabled veteran license
plate was issued);
(ii)the make, model and license plate number of the registrant's vehicle, or the vehicle used
to transport the registrant. The parking director, or designee, may approve the registrant
enrolling more than 1 vehicle, as may be necessary, in the sole discretion of the parking
director or designee, based upon the particular circumstances of the registrant;
(iii) a certification from the physician or other medical professional that approved the
issuance of the disabled parking permit or license plate, or disabled veteran license plate to
the registrant; or, alternatively, the registrant may provide the name, business address,
telephone number, and medical license number of the physician or other medical
professional that approved the issuance of the disabled parking permit or license plate, or
disabled veteran license plate to the registrant; and
(iv)a fully executed and duly notarized consent,waiver and release, in a form to be provided
by the city, providing express consent for the city to contact the physician or other medical
professional who approved the issuance of the registrant's disabled parking permit or license
plate, for the limited purpose of the city verifying that such physician or other medical
professional exists, is properly licensed and, in fact, certified the registrant as having a
qualifying disability.
(b)Registrants approved for enrollment in the program by the parking director, or designee,
shall be entitled to park,without incurring any fee, in city parking lots, facilities and timed on-
street metered parking spaces, except that the restrictions on parking within designated
residential parking permit zones shall not be included, as parking in designated residential
zones shall still be governed by section 106-84 of the city code.
SUPPORTING SURVEY DATA
In the 2022 Miami Beach Community Satisfaction Survey referencing parking availability,
sixty-five percent (65%) of resident respondents indicated that there is too little on-street
parking and fifty percent(50%)indicated that there is too little lot parking.
Page 1114 of 2002
FINANCIAL INFORMATION
Reducing disabled parking abuse will have a positive impact on parking revenue.
Amount(s)/Acount(s):
N/A
CONCLUSION •
The abuse of disabled placards negatively impacts parking revenues, but more importantly,
it impacts accessible parking space availability for those who genuinely need them. The
proposed disabled parking placard registration program will serve to curb placard abuse,
while providing those with disabled placards who opt to register with the City, the same
parking benefits they enjoy today.
Applicable Area
Citywide
Is this a"Residents Right to Does this item utilize G.O.
Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Parking
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners Bhatt, Suarez, &
Magazine
ATTACHMENTS:
Description
D Ordinance
Page 1115 of 2002