City-of-Miami-Beach-to-Appeal-Circuit-Courts-Ruling-on-Ordinances
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF MARKETING & COMMUNICATIONS, Tel: 305.673.7575 PRESS RELEASE
Tonya Daniels, E-mail: tonyadaniels@miamibeachfl.gov
Melissa Berthier, E-mail: melissaberthier@miamibeachfl.gov
FOR IMMEDIATE RELEASE
October 8, 2019
City of Miami Beach to Appeal Circuit Court’s
Ruling on Ordinances
— Maintains Stance that Ordinances are Properly Enacted Pursuant to Florida Law—
Miami Beach, FL – Last night, the circuit court in Miami-Dade County issued an order
granting summary judgment to Natalie Nichols, which invalidated the City of Miami
Beach’s short-term rental ordinances based upon a conflict with state law.
“While we respectfully disagree with the court’s ruling regarding this matter, the City of
Miami Beach intends to immediately seek appellate review of this decision — and are
confident that the Third District Court of Appeal will validate our ordinance,” said Mayor
Dan Gelber.
In 2016, the City of Miami Beach increased their short-term rental fines to $20,000 for
the first violation, where it had previously been $1,500 for single-family and $500 for
multifamily residences. Under the current fine schedule, each subsequent violation
increases by $20,000, and can be as high as $100,000 for multiple violations.
“It’s no secret that rental rates in Miami Beach are astronomical, and our previous fines
represented the cost of doing business and were a mere fraction of the charges for the
illegal rentals,” added Gelber. “There was a need for more substantial penalties as the
city has an obligation to maintain the aesthetics, character and tranquility of our
residential neighborhoods.”
Furthermore, the city maintains that the fines are not in conflict, are legal and
enforceable under Florida law. Chapter 162 of the Florida Statutes merely affords one
method of enforcing the city’s ordinances, but the clear and plain language of the statute
authorizes municipalities to adopt an alternate code enforcement system, which the city
has done in this matter. Florida courts have routinely upheld similar alternative code
enforcement systems that have been adopted by municipal and county governments,
including those that set their own fines beyond those established within Chapter 162.
The city’s ordinances are not in conflict with Florida law.
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