Ordinance 2024-4630 ORDINANCE NO: 2024-4630
SEXUALLY TRANSMITTED INFECTION (STI) TESTING REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 1, ENTITLED "GENERAL
PROVISIONS,"ARTICLE II,ENTITLED"DEFINITIONS,"AT SECTION 1.2.2,
ENTITLED "USE DEFINITIONS," AT SUBSECTION 1.2.2.9, ENTITLED
"SPECIALIZED USES," BY ESTABLISHING A DEFINITION FOR
SEXUALLY TRANSMITTED INFECTION(STI)TESTING SERVICE;AND BY
AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," SECTION 7.5.5, ENTITLED "SPECIALIZED USE
REGULATIONS,"AT SUBSECTION 7.5.5.1 ENTITLED"ASSISTED LIVING
AND MEDICAL USES," BY EXEMPTING SEXUALLY TRANSMITTED
INFECTION (STI) TESTING SERVICES FROM THE REGULATIONS OF
THIS DIVISION; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, according to recent data, Miami-Dade County now ranks No. 4 in the country
for total human immunodeficiency virus (HIV) cases by county; and
WHEREAS, by rate of transmission, Miami-Dade County ranks No. 17 nationally, with
1,190 people diagnosed with HIV per 100,000 people; and
WHEREAS, the HIV "hot spots" in Miami-Dade County include zip code 33139, which
covers all of South Beach; and
WHEREAS, this public health crisis disproportionately impacts the LGBTQ community and
people of color; and
WHEREAS, In response to the rising rates of transmission, it is in the best interest of the
city to provide better access to testing services citywide; and
WHEREAS, allowing sexually transmitted infection (STI) testing to be exempt from the
restrictions outlined in the City's medical use regulations, especially in commercial, mixed-use,
and multifamily districts, will facilitate the expansion of testing services; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 1, entitled "General Provisions," Article II, entitled "Definitions," Section
1.2.2, entitled "Use Definitions," at Subsection 1.2.2.9, entitled "Specialized Uses," is hereby
amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II: DEFINITIONS
* * *
1.2.2 USE DEFINITIONS
* *
1.2.2.9 Specialized Uses
* * *
Sexually transmitted infection (STI).testing service means a service provided by medical
professionals to provide individuals with testing and diagnoses of sexually transmitted
infections.
Skilled nursing unit means skilled nursing units are based in hospitals, either housed
inside the hospital or in a separate building. They typically provide only short-term care and
rehabilitation services. The skilled nursing unit does not have a separate license because it
is part of the hospital license. See the hospital definition for further information.
* * *
SECTION 2. Chapter 7, entitled "Zoning Districts and Regulations," Article V, entitled
"Supplementary District Regulations," at Section 7.5.5, entitled "Assisted Living and Medical
Uses," at Subection 7.5.5.1, entitled "Assisted Living and Medical uses," is hereby amended as
follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE V: SUPPLEMENTARY DISTRICT REGULATIONS
* * *
7.5.5 SPECIALIZED USE REGULATIONS
* * *
7.5.5.1 Assisted Living and Medical Uses
* * *
c. Exempt uses.
The following medical sub-uses, which, unless otherwise noted service individuals in
their place of residence,,shall be exempt from the regulations of this division:
1. Health care services pool.
2. Home health agency.
3. Home medical equipment provider.
• 4. Homemaker and companion services.
5. Home hospice service.
6. Massage therapist.
7. Portable x-ray provider.
8. Pharmacies.
9. Medical cannabis treatment centers.
10. Sexually transmitted infection (STI) testing services, within a place of residence, as
well as within multi-family, commercial and mixed-use districts.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of,the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this or day of -lir , 2024.
..A ,,,..---r?oec:vt4o.L.....
Steven Meiner, Mayor
ATTEST:
J J L 3 0 2024
Ra ael E. ranado, City Clerk �•B•,,, APPROVED AS TO
'\. "ii."
,. 0''- FORM AND LANGUAGE
`-, y'''' & FO EXECUTION
IA'CORP ORATED1' ,g-/r. ,) 2 9Z 9-
Riy•26`��- I y torney Q� Date
First Reading: May 15, 2024
Second Reading: July 24, 20 4 8ponsared by CommissionerAlex J. Fernandez
Co-Sponsored by Commissioner Laura Dominguez
Verified by: Co-Sponsored by Commissioner Tanya K Bhatt
Thomas R. Moone ICP Co-Sponsored by Commissioner Joseph Magazine
Planning Director
T:Wgenda\2024\5 May 2024\Planning\STI Testing Regulations-First Reading ORD.docx
Ordinances -R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Interim City Manager Rickelle Williams
DATE: July 24, 2024 10:50 a.m. Second Reading Public Hearing
TITLE: SEXUALLY TRANSMITTED INFECTION (STI)TESTING REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 1, ENTITLED "GENERAL PROVISIONS," ARTICLE II,
ENTITLED "DEFINITIONS," AT SECTION 1.2.2., ENTITLED "USE DEFINITIONS,"
AT SUBSECTION 1.2.2.9, ENTITLED "SPECIALIZED USES," BY ESTABLISHING
A DEFINITION FOR SEXUALLY TRANSMITTED INFECTION (STI) TESTING
SERVICES; AND BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," SECTION 7.5.5, ENTITLED "SPECIALIZED USE
REGULATIONS," AT SUBSECTION 7.5.5.1 ENTITLED "ASSISTED LIVING AND
MEDICAL USES," BY EXEMPTING SEXUALLY TRANSMITTED INFECTION (STI)
TESTING SERVICES FROM THE REGULATIONS OF THIS DIVISION; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
BACKGROUND/HISTORY
On January 31, 2024, at the request of Commissioner Alex Fernandez, the Mayor and City
Commission referred a discussion item(C4 E)pertaining to STI testing site exceptions to the Land
Use and Sustainability Committee (LUSC) and the Planning Board. On February 26, 2024, the
LUSC recommended that the Planning Board transmit the ordinance to the City Commission with
a favorable recommendation.
ANALYSIS
According to recent data, Miami-Dade County now ranks No. 4 in the country for total human
immunodeficiency virus(HIV)cases by county. By rate of transmission, Miami-Dade County ranks
No. 17 nationally,with 1,190 people diagnosed with HIV per 100,000 people.Additionally,the HIV
"hot spots" in Miami-Dade County include zip code 33139, which covers all of South Beach. This
public health crisis disproportionately impacts the LGBTQ community and people of color.
Medical uses are regulated pursuant to Section 7.5.5.1 of the Land Development Regulations
(LDRs),entitled Assisted Living and Medical Uses. This section divides medical uses into classes
and the classes of medical uses that are allowed in specific zoning districts. Currently STI testing
is considered a Class I medical use, as part of a retail clinic or medical office, and a Class II
medical use, as part of a laboratory or health care clinic. Class I medical uses are allowed in all
zoning categories except RS, TH, RM-1, R-PSI, RMPS-1, and R-PS2 districts. Also; as a Class
1 medical use, STI testing can only be permitted as part of a medical clinic or office.
Page 962 of 1750
Subsection 7.5.5.1.c of the LDRs designates uses that are exempt from regulation as a medical
use. For STI testing to take place outside the confines of a medical facility,this section is proposed
to be amended to exempt STI testing as follows:
c. Exempt uses.
The following medical sub-uses, which, unless otherwise noted, service individuals in their place
of residence, shall be exempt from the regulations of this division:
1. Health care services pool.
2. Home health agency.
3. Home medical equipment provider.
4. Homemaker and companion services.
5. Home hospice service.
6. Massage therapist.
7. Portable x-ray provider.
8. Pharmacies.
9. Medical cannabis treatment centers.
10. Sexually transmitted infection (STI) testing services, within a place of residence, as well as
within multi-family, commercial and mixed-use districts.
Additionally, a definition for"Sexually transmitted infection (STI)testing service"is proposed to be
provided within Section 1.2.2.9 of the LDRs, which establishes definitions for specialized uses,
as follows:
Sexually transmitted infection (STI) testing service means a service provided by medical
professionals to provide individuals with diagnoses of sexually transmitted infections.
PLANNING BOARD REVIEW
On April 25, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on June 26, 2024, with no changes.
Additionally, the City Commission waived the applicable fees based on circumstances unique to
the proposed amendment.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.mlamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Page 963 of 1750
The Administration recommends that the Mayor and City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Laura Dominguez
Commissioner Tanya K. Bhatt
Commissioner Joseph Magazine
•
Page 964 of 1750