BIE - Website Advertising for LDR Amendments (5/23/2025)
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: June 25, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
WEBSITE ADVERTISING FOR LDR AMENDMENTS
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 IV, ENTITLED
“AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF THE LAND
DEVELOPMENT REGULATIONS,” SECTION 2.4.2, ENTITLED “AMENDMENT TO THE TEXT
OF LAND DEVELOPMENT REGULATIONS,” BY MODIFYING THE PUBLISHED NOTICE
REQUIREMENTS FOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE; 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
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Business Impact Estimate
Page 2
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.
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:
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Ordinances - R5 U
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:45 a.m. First Reading Public Hearing
TITLE:WEBSITE ADVERTISING FOR LDR AMENDMENTS
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 IV,
ENTITLED “AMENDMENTS TO COMPREHENSIVE PLAN AND TO THE TEXT OF
THE LAND DEVELOPMENT REGULATIONS,” SECTION 2.4.2, ENTITLED
“AMENDMENT TO THE TEXT OF LAND DEVELOPMENT REGULATIONS,” BY
MODIFYING THE PUBLISHED NOTICE REQUIREMENTS FOR AMENDMENTS
TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE; 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 June
25, 2025.
BACKGROUND/HISTORY
On November 20, 2024, at the request of Commissioner David Suarez, the City Commission
referred a proposal pertaining to website advertising for land use amendments (C4 V) to the Land
Use and Sustainability Committee (LUSC). On January 16, 2025, the LUSC recommended that
the City Commission refer the attached ordinance to the Planning Board.
On February 26, 2025, at the request of Commissioner David Suarez, the City Commission
referred the proposed ordinance to the Planning Board (C4 E).
ANALYSIS
Section 50.0311, Florida Statutes, permits the use of publicly accessible websites, hosted by
counties, as an alternative to publishing legal notices in newspapers. On May 15, 2024, the City
Commission adopted Ordinance No. 2024-4618, allowing the City to publish legal advertisements
and notices on a Miami-Dade County-hosted website instead of in newspapers, with exceptions
as specified by the City and County Charters or Codes.
On November 5, 2024, the City’s electorate approved Referendum 5, amending City Charter
Section 2.05 to authorize online publication of notices for proposed ordinances in accordance with
Section 50.0311, Florida Statutes. The amendment was recommended by the Ad Hoc Advisory
Charter Review and Revision Board (CRB).
Consistent with the voter-approved Charter amendment, the attached draft ordinance amends
Chapter 2 of the Land Development Regulations (LDRs) in the City Code. This change replaces
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
the current requirement for newspaper publication of amendments to the LDRs with an online
notice on a Miami-Dade County-hosted website, in accordance with the provisions of Section
50.0311, Florida Statutes.
The City Commission adopted a similar ordinance on February 3, 2025, authorizing the same
website notice requirements for land use boards applications for development approval.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). Separately, the
Planning Board also recommended that the City website include a link to notices on the Miami-
Dade County website.
SUMMARY
The Administration is supportive of the proposal as changing the publication of notices for
amendments to the LDRs to a website managed by the county will be much more cost effective,
as well as provide needed flexibility in the timing for such publications. To allow the website
advertising for amendments to the LDRs to commence as soon as possible, it is recommended
that the City Commission waive the annual zoning cycle restriction for the subject amendment,
pursuant to Section 2.3.2 of the LDRs, and schedule a Second Reading public hearing for June
25, 2025.
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 the following:
1. The City Commission approve the subject ordinance at First Reading.
2. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject amendment and schedule a Second Reading public hearing for June
25, 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
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
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 David Suarez
Co-sponsor(s)
Condensed Title
10:45 a.m. 1st Rdg PH, Website Advertising for LDR Amendments. (Suarez) PL
Previous Action (For City Clerk Use Only)
Not reached on 4/23/2025 - R5 U
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529
Docusign Envelope ID: A733F01E-A91F-4E61-B9ED-C4D95C2E6529