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BIE - TURTLE NESTING (10/11/2024)MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov TO:Mayor Steven Meiner and Members of the City Commission FROM:Eric Carpenter,City Manager M._fba-- MEETING DATE:October 30,2024 SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE,ENTITLED "ENVIRONMENT,"BY AMENDING ARTICLE V,ENTITLED "TURTLE NESTING PROTECTION ORDINANCE,"BY AMENDING SECTIONS 46-202, AND 46-203 THEREOF TO STRENGTHEN AND CLARIFY THE PROVISIONS OF THE ORDINANCE PASSED IN 2006 AND INCLUDE RECOMMENDED MODIFICATIONS BY THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC};AND, PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? IZ!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.Private applications for comprehensive plan amendments and land development regulation amendments; b.Development orders,development permits,and development agreements; c.Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. Business Impact Estimate Page2 If none of the above exceptions apply,this Business Impact Estimate is hereby provided in accordance with Section 166.041 (4 ),Florida Statutes. 1.Summary 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.The Commission Memorandum and Ordinance are attached hereto. 2.(a)Commercial properties are required to comply with the existing ordinance and proposed amendments.If the building has visible lights from the beach and is not already in compliance with the ordinance,estimated costs for upgrading to compliant fixtures may range from $200 to $500 per light for turtle-friendly lighting and $305 to $610 per window for compliant tints.Property owners may also have installation and permit fees.There may also be a long-term savings in energy usage,especially through energy-efficient LED lighting and heat-reducing window tints that may help mitigate the upfront costs if needed. Cost Category Cost Range Outdoor Lighting (Basic Installation)$80 -$300 per fixture Sea Turtle Lighting $200 -$500 per fixture Hurricane Windows $300 -$600 per window Tinted Windows (Sea Turtle Friendly)$305 -$610 per window Applied Tint $5-$8 per sq.ft. Factory Tint $10-$15 per sq.ft. Shields for Outdoor Lighting $50 -$150 per shield Standard LED Bulb $1-$10 per bulb Turtle-friendly LED Bulb $20 -$50 per bulb Curtains/Drapes $100 -$400 per window (b)The proposed ordinance does not introduce any new direct fees or charges. (c)The City is not expected to incur regulatory costs related to the enforcement and inspection of properties for compliance with the new lighting and tinting standards.The City already employs Code Compliance personnel.The ordinance does not have a fine schedule associated with it,and properties that do not comply with Code may be referred to the Special Magistrate. Business Impact Estimate Page 3 3.Commercial and businesses properties may need to comply with the ordinance. Properties with lights visible from the beach may need to adjust their outdoor lighting and indoor lighting and windows to meet the sea turtle protection regulations if they don't already meet the requirements of the existing ordinance.There are 7,313 Business Tax receipts registered with the City,however,it is not possible to filter out the businesses that may need to meet sea turtle requirements.Additionally,it is difficult to determine the exact number of properties with lights visible from the beach that will be affected,as compliance may fluctuate.Some properties may be in violation one day and compliant the next,particularly as education programs help property owners implement manageable changes to bring their buildings in line with the ordinance. 4.The ordinance provides an opportunity for property owners to contribute to environmental conservation efforts for endangered species while also potentially benefiting from reduced long-term operational costs.