BIE - Courtesy Notice Requirements for Residential Tenants (3/19/2025)
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
MEETING DATE: April 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
COURTESY NOTICE REQUIREMENTS FOR RESIDENTIAL TENANTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
“MIAMI BEACH RESILIENCY CODE,” CHAPTER 2, ENTITLED “ADMINISTRATION AND
REVIEW PROCEDURES,” ARTICLE II, ENTITLED “GENERAL DEVELOPMENT APPLICATION
AND HEARING PROCEDURES,” SECTION 2.2.4, ENTITLED “PUBLIC HEARING,” SECTION
2.2.4.1, ENTITLED PUBLIC NOTIFICATION,” BY CREATING A COURTESY NOTICE
REQUIREMENT SPECIFIC TO RESIDENTIAL TENANTS FOR THE CITY’S LAND USE BOARDS;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
X 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;
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Business Impact Estimate
Page 2
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.
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, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 X
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:February 3, 2025 11:20 a.m. First Reading Public Hearing
TITLE:COURTESY NOTICE REQUIREMENTS FOR RESIDENTIAL TENANTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED “MIAMI BEACH RESILIENCY CODE,” CHAPTER
2, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE II,
ENTITLED “GENERAL DEVELOPMENT APPLICATION AND HEARING
PROCEDURES,” SECTION 2.2.4, ENTITLED “PUBLIC HEARING,” SECTION
2.2.4.1, ENTITLED “PUBLIC NOTIFICATION,” BY CREATING A COURTESY
NOTICE REQUIREMENT SPECIFIC TO RESIDENTIAL TENANTS OF
PROPERTIES THAT ARE THE SUBJECT OF A CITY LAND USE BOARD
APPLICATION; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for April
23, 2025.
BACKGROUND/HISTORY
On September 11, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred an item (C4 U) to the Land Use and Sustainability Committee (LUSC) pertaining to notice
requirements for tenants of residential buildings. On October 14, 2024, the LUSC discussed the
proposal and recommended that the City Commission refer an ordinance amendment to the
Planning Board in accordance with the recommendations in the LUSC memorandum.
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred the ordinance (C4 L) to the Planning Board. The item is co-sponsored by Commissioners
Tanya K. Bhatt and Joseph Magazine.
ANALYSIS
Currently, the Land Development Regulations of the City Code (LDRs) require a notice for land
use board applications be mailed to all property owners within 375 feet of the property that is the
subject of the application. However, there is no requirement for a notice to be provided to
residential tenants of a building if they are not the unit owner.
The attached draft ordinance amends Chapter 2 of the LDRs to create a courtesy notice
requirement, which would apply to all land use boards, for tenants of residential units, including a
link to a housing impact statement. The proposed ordinance is largely ministerial, and the
additional mailing labels required would be the responsibility of future land use board applicants.
PLANNING BOARD REVIEW
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On January 7, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for April 23, 2025.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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 Tanya K. Bhatt
Commissioner Joseph Magazine
Condensed Title
11:20 a.m. 1st Rdg PH, Courtesy Notice Requirements for Residential Tenants. (AF/TB/JM) 5/7
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Previous Action (For City Clerk Use Only)
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