Resolution 2025-33661 RESOLUTION NO. 2025-33661
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A ONE-TIME
ADDITIONAL SPECIAL EVENT SPONSORSHIP FOR THE OCEAN
DRIVE ASSOCIATION JULY 4, 2025, EVENT FIREWORKS DISPLAY
FUNDING GAP IN AN AMOUNT UP TO $50,000; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE SPONSORSHIP AGREEMENT RELATED TO THE APPROVED
FUNDING.
WHEREAS, the Ocean Drive Association ("ODA"), in partnership with the City of
Miami Beach, has hosted annual Independence Day fireworks on the Lummus Park
beachfront for over a decade; and
WHEREAS, in recent years, the ODA has expanded its Independence Day
celebration to include a patriotic concert on Ocean Drive and 12th Street, featuring an
orchestra performance by the Miami Beach Classical Music Festival; and
WHEREAS, as part of its partnership, the City of Miami Beach provides special
event sponsorship to the ODA in the amount of $50,000 in matching funds for fireworks
displays for Independence Day and New Year's Eve; and
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted an
amendment to the Turtle Nesting Protection Ordinance No. 2024-4652, which restricts
fireworks displays on the beachfront during turtle nesting season but permits displays
from offshore barges; and
WHEREAS, the ODA has indicated that securing an offshore barge for the July 4,
2025, fireworks display is cost prohibitive and has requested that the City fund the
remaining $50,000 necessary to cover the cost of the barge and fireworks activation; and
WHEREAS, the ODA has submitted a fully executed agreement with Explosive
Touch Enterprises, a fireworks vendor, detailing a total cost of$100,000 for the fireworks
display and offshore barge; and
WHEREAS, the Administration recommends a one-time special event sponsorship
in an amount of up to $50,000 to support the Ocean Drive Association's offshore barge
fireworks display for Independence Day 2025, with future funding requests to be
considered during the FY2026 budget process.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve a one-time additional special event sponsorship for the
Ocean Drive Association July 4, 2025, event fireworks display funding gap in an amount
up to $50,000; and further authorizing the City Manager and City Clerk to execute the
sponsorship agreement related to the approved funding.
PASSED and ADOPTED this at day of Mar , 2025.
ATTEST: /
MAY 2 7 2025 ezdcaitztwt_
even Meiner, Mayor
Rafael E. Granado, City Clerk tt,
ti
i 'INEORP OUIEDI 0
'S 4 y 9h:
APPROVED AS TO
FORM&LANGUAGE
(/ &&FFO�R EXECUTION
sl zDate
IAttorney()OJ Corr
Date
2
Resolutions -C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 21, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A ONE-TIME ADDITIONAL SPECIAL
EVENT SPONSORSHIP FOR THE OCEAN DRIVE ASSOCIATION JULY 4, 2025,
EVENT FIREWORKS DISPLAY FUNDING GAP IN AN AMOUNT UP TO $50,000;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE SPONSORSHIP AGREEMENT RELATED TO THE APPROVED
FUNDING.
RECOMMENDATION
The Administration remains committed to the continued partnership with Ocean Drive
Association's annual fireworks activations during Independence Day and recommends a one-time
special event sponsorship funding for the offshore barge fireworks for the 2025 Ocean Drive
Independence Day fireworks activation.
BACKGROUND/HISTORY
For over a decade, the Ocean Drive Association (ODA), in partnership with the City of Miami
Beach, has hosted its annual Independence Day fireworks on the Lummus Park beachfront. In
the last few years, the ODA added an additional element to the Independence Day fireworks
celebration with a patriotic concert on Ocean Drive and 12 Street,with an orchestra performance
by the Miami Beach Classical Music Festival.
As part of the partnership, the City provides special event sponsorship to the ODA in the amount
of$50,000 in matching funds for fireworks displays for Independence Day and New Year's Eve.
ANALYSIS
On September 6, 2006, the City Commission adopted the City's Turtle Nesting Protection
Ordinance No. 2006-3525 to create a framework for the City to protect native sea turtles by
minimizing beachfront lighting. Artificial night-time lighting directly affects and disorients adult sea
turtles and hatchlings resulting in losses in turtle populations. The sea turtle nesting season is
from April 1 through October 31 in the City of Miami Beach. Each year, the City refines its
procedures to prepare for the upcoming nesting season.
In Fall of 2024, the Environment and Sustainability department launched the "Flip the Switch"
campaign to increase awareness and compliance of turtle-friendly lighting and reduce the
damaging effects of artificial light on sea turtles.
On October 30, 2024, the Mayor and City Commission adopted an amendment to the Turtle
Nesting Protection Ordinance No. 2024-4652 (Exhibit A) to further reduce the damaging impacts
of artificial light on the native sea turtle population by integrating Florida Fish and Wildlife
Conservation Commission recommendations. Among the recommendations to the Ordinance,
786 of 2719
Sec. 46-203. Prohibited activities disruptive to marine turtles were amended to allow fireworks
display during turtle season only occurring from offshore barges as depicted below
Sec. 46- 203. Prohibited activities disruptive to marine turtles. a) [Prohibited generally.] The
following activities involving direct illumination of portions of the beach are prohibited on the beach
at nighttime during the nesting season for the protection of nesting marine turtle females, nests
and hatchlings: 1) The operation of all motorized vehicles, except emergency and law
enforcement, or beach maintenance vehicles or those permitted on the beach for marine turtles'
conservation and/ or research. Whenever possible, authorized vehicles used on the beach at
night shall have red or amber filters covering the headlights. 2) The building of campfires or
bonfires. 3) Fireworks displays, except those that occur from offshore barges that have a permit
from the Fire Department and City special event permits and a Florida Department of
Environmental Protection (" DEP") permit or exemption.
On April 17, 2025, the Ocean Drive Association (ODA) sent a letter to the City Manager (Exhibit
B) stating their awareness of the Ordinance precluding fireworks on the beachfront during turtle
nesting season; only fireworks on barges would be approved. The ODA shared that securing an
offshore barge would be cost prohibitive and asked if the City would fund the full cost of the
fireworks activation.
In addition, the ODA shared a fully executed agreement from Explosive Touch Enterprises
(Exhibit C)a fireworks vendor which includes the cost of an offshore barge in the total amount of
$100,000.
ODA Offshore Barge Fireworks Cost:
Fireworks Display& Barge $100,000
Less Current City Sponsorship $ 25,000
Less ODA Matching Funds $ 25.000
Variance $ 50,000
FISCAL IMPACT STATEMENT
Additional special event one time sponsorship for the Ocean Drive Association's 2025
Independence Day Fireworks Display in an amount of up to $50,000. Future requests must be
vetted through the FY2026 capital budget process.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BIE)was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
The Administration remains committed to the continued partnership with Ocean Drive
Association's annual fireworks activations during Independence Day and recommends a one-time
special event sponsorship funding in an amount up to $50,000, including the offshore barge, for
the 2025 Ocean Drive Independence Day fireworks activation. Any funding for future fireworks
787 of 2719
displays that require barges must be separately requested and discussed during the 2026 budget
process.
Applicable Area
South Beach
Is this a "Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Proiect?
No 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
Tourism and Culture
Sponsor(s'
Co-sponsor(sl
Condensed Title
Approve Additional Sponsorship for Ocean Drive Association July 4 Fireworks Funding Gap. TC
Previous Action (For City Clerk Use Only'
788 of 2719
ORDINANCE NO. 2024-4652
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
EXISTING ORDINANCE AND INCLUDE RECOMMENDED
MODIFICATIONS BY THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION ("FWC"); AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the beach along the Atlantic Ocean, within the boundaries of the City
of Miami Beach, is utilized by federally and state protected sea turtles for nesting; and
WHEREAS, sea turtle nesting season in the State of Florida occurs between May
1 and October 31; however, sea turtle nesting begins on April 1st in the City of Miami
Beach to account for the earlier Leatherback nesting season; and
WHEREAS, artificial night-time lighting directly affects and disorients adult sea
turtles and hatchlings resulting in losses in turtle populations; and
WHEREAS, in 2006, the City Commission passed and adopted the City's Turtle
Nesting Protection Ordinance No. 2006-3525, set forth in Chapter 46 of the City Code;
and
WHEREAS, the Ordinance created a framework for the City to protect native sea
turtles by minimizing beachfront lighting and reducing the impact on the native population;
and
WHEREAS, the Miami-Dade County Sea Turtle Conservation Program surveys
over nineteen (19) miles of beaches daily from March to October inclusive of hatched
nests inventories and documentation of hatchling disorientations; and
WHEREAS, high densities of disorientation due to misdirected and artificial lighting
were documented within South, Mid, and North Beach in 2022 and 2023; and
WHEREAS, the amendments to the existing ordinance are proposed to further
reduce the damaging impacts of artificial light on sea turtles and be consistent with the
Florida Fish and Wildlife Conservation Commission's ("FWC") recommendations; and
WHEREAS, the amendments include amending, clarifying, and expanding the
definitions in Section 46-202 for consistency with FWC recommendations; and
WHEREAS, the amendments include modifying the prohibitive activities disruptive
to marine turtles in Section 46-20 for consistency with FWC recommendations: and
WHEREAS, the amendments include removing the "exceeding 50% of the value
of the structure' threshold for renovations to comply with lighting standards for new
development; and
WHEREAS, the amendments include modifying the lighting standards for new and
existing development to apply to lighting within line of sight of the beach, not just lighting
east of the Coastal Construction Control Line (CCCL); and
WHEREAS, the amendments include lighting requirement options for existing
interior lights for hotel and commercial properties (non-residential) that are visible from
the beach and modify lighting standards.
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Article V of Chapter 46 of the City Code, entitled 'Turtle Nesting Protection
Ordinance," is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
Article V. Turtle Nesting Protection Ordinance
Sec. 46-201. Purpose and Intent.
The purpose of this article is to reduce the impacts of artificial coastal lighting on
threatened and endangered sea turtles that nest on the beaches of Miami Beach by
restricting artificial lighting and other activities that disorient turtle hatchlings, causing
them to crawl toward land rather than toward the ocean. This article is intended to provide
overall improvements in nesting habitat degraded by light pollution, and increase
successful nesting activity and production of hatchlings. The restrictions and constraints
of this article shall be effective within the incorporated areas of Miami Beach and apply to
any coastal lighting or other activity that has potential to adversely impact sea turtles
within City limits.
2
Sec. 46-202. Definitions.
Artificial light means any point source of light emanating from a device made by humans,
including but not limited to incandescent mercury vapor, metal halide, sodium lamps,
fluorescent, flashlights, spotlights, streetlights, vehicular lights, construction lights,
security lights, cell phones, flash photography bonfires, or any light emanating from any
reflective surface of the device.
Beach means that area of unconsolidated material that extends landward from the mean
low-water line of the Atlantic Ocean, to the place where there is a marked change in
material or physiographic form, or to the line of permanent vegetation.
Bug-lype-bulb- ny yellev``.
Coastal construction activities mean any work or activity that is likely to have a material
physical effect on existing coastal conditions or natural shore and inlet processes.
Coastal Construction Control Line (CCCL) means the line established by the State of
Florida pursuant to section 161.053, Florida Statutes, and filed in the public records of the
county,which defines that portion of the beach dune system subject to severe fluctuations
based on a 100-year storm surge, storm waves or other predictable weather conditions.
County means Miami-Dade County.
Cumulatively illuminated visible means illuminated by numerous artificial light sources
that as a group are directly or indirectly visible to an observer standing anywhere on
the beach.
Beachwalk means the serpentine path located adjacent to the Atlantic ocean and west of
the dune system.
Directly illuminated visible means visibility of the glowing elements,
lamps, globes, or reflectors of an artificial light source by an observer standing that is
visible-to-an-observer on the beach.
Dune means a mound or ridge of loose sediments, usually sand-sized, Tying landward of
the beach and deposited by any natural or artificial mechanism.
F.A.C. means the Florida Administrative Code.
Filmed glass means window glass that has been covered with a film such that the material
has a shading coefficient that meets or exceeds the requirements in the F.A.C. Rule 62B-
55.004 of--forty-fwe-{46) percent-or--less, adhesive as an integral part, and has
performance claims that are supported by approved testing procedures and
documentation.
3
Floodlight means a reflector-type light fixture that may be attached directly to a building,
other structure, or free-standing, and is unshielded.
Frontal dune means the first natural or artificial mound or bluff of sand that is located
landward of the beach and that has sufficient vegetation, height, continuity and
configuration to offer protective value.
Ground-level barrier means any vegetation, natural feature or artificial structure rising
from the ground that prevents beachfront lighting from shining directly onto the beach-
dune system.
Hatchling means any species of marine turtle, within or outside of a nest, which has
recently hatched from an egg.
Indirectly i/lucnirtate4 visible means illuminated reflected light as a result of glowing
elements, lamps, globes, or reflectors of an artificial light source that which is net visible
to an observer standing anywhere on the beach without the light source being directly
visible.
Long wavelength light source means light bulbs or diodes that produce light that
measures greater than 560 nanometers and absent wavelengths below 560 nanometers
on a spectroscope, which include low-pressure sodium vapor, true red neon, red, orange
or amber light-emitting diode (LED), or other lighting sources that produce light that
measures greater than 560 nanometers and absent wavelengths below 560 nanometers.
Low-profile luminaire means a light fixture set on a base that raises the source of light no
higher than forty-eight (48) inches off the ground, and designed in such a way that light
is directed downward from a hooded light source.
Marine turtle means any marine-dwelling reptile of the families Cheloniidae or
Dermochelyidae found in Florida waters or using the beach as a nesting habitat, including
the species: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys
coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi
(Kemp's Holley). For purposes of this section, marine turtle is synonymous with sea turtle.
Minimized means a combination of Low-Shielded-Long light sources includingfixtures
being mounted as low as possible, using the lowest wattage necessary, completely
downward directed and shielded, installing fewer fixtures, using a long wavelength light
source, and using only if needed for safety.
Nest means an area where marine turtle eggs have been naturally deposited or
subsequently relocated.
Nesting season means the period from April through October 31 of each year.
4
New development means new construction and remodeling of existing structures when
such remodeling includes alteration of exterior lighting and glass such as windows
railings, balconies, and doors.
Nighttime means the time period between sunset and sunrise within the city limits of
Miami Beach.
Person means individuals, firms, associations, joint ventures, partnerships, estates,
trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Pole lighting means a light fixture set on a base or pole that raises the source of the light
higher than forty-eight(48) inches off the ground.
Roof top advertising sign means an outdoor advertising display that is mounted on the
top of a building's roof.
Solar screens mean screens that are fixed installations and permanently project shade
over the entire area of glass area-of-the-window. The screens must be installed on the
outside of the glass and must have a shading coefficient that meets or exceeds the
requirements in the F.A.C. Rule 628-55 004 as may be amended of-forfigfive-(45)
percent-ecfess and have performance claims supported by approved testing procedures
and documentation.
Tinted glass means any glass treated to achieve an industry-approved inside-to-outside
light transmittal value that meets or exceeds the requirements in the F.A.C. Rule 628-
55 004 as_it may beamenU g . Such transmittance is
limited to the visible spectrum (four hundred (400) to seven hundred (700) nanometers)
and is measured as the percentage of light that is transmitted through the glass.
Sec. 46-203. Prohibited activities disruptive to marine turtles.
(a) [Prohibited generally.]The following activities s
of-the-beach-are prohibited on the beach at nighttime during the nesting season for the
protection of nesting marine turtle females, nests and hatchlings:
(1) The operation of all motorized vehicles, except emergency and law
enforcement, or beach maintenance vehicles or those permitted on the beach
for marine turtles conservation and/or research. Whenever possible
authorized vehicles used on the beach at night shall have red or amber filters
covering the headlights.
(2) The building of campfires or bonfires.
(3) Fireworks displays, except those that occur from offshore barges that have a
permit from the Fire Department and and a Florida
Department of Environmental Protection ("DEP") permit or exemption.
(b) Operation of motorized vehicles. During nesting season the operation of all
motorized vehicles except emergency and law enforcement, beach maintenance
5
vehicles, concessionaire vehicles that have a Beachfront Concession Permit, or those
permitted on the beach for marine turtles conservation and/or research, shall be
prohibited on the beach unless authorized and/or_escorted by the City of Miami Beach
Police Department. Additionally, after sunrise the operation of authorized motorized
vehicles must wait until Miami-Dade County has conducted its mominq sea turtle nesting
survey,
Eh 3(&) Special events. Special events taking place on the beach during nesting season
that may have lighting needs shall require a permit or exemption from the Florida
Department of Environmental Protection. Additionally, any lighting associated with a
special event cannot be visible from the beach after 9:00 p.m. Any authorized lighting
must be low wattage long wavelength light source, shielded, and directed away from the
beach.
(c)(s_11 Lighting standards for new development. It is the policy of the City of Miami Beach
that no artificial light shall be directly, indirectly, or cumulatively visible from illuminate any
area of the beach. The following applies to lighting within line-of-sight of the beach that
Line (CCCL) or-lighting-that directly
illuminates-the-beashand interferes with turtle nesting. To meet this intent, all public and
private properties and uses involving new construction development, or-reaevatiens
o within
line-of-sight of the beach lesatedeast-ef the CCCL shall comply with the following:
(1) Exterior artificial light fixtures shall be designed and positioned so that the
point source of light or any reflective surface of the ight`xtm"is not directly,
indirectly, or cumulatively visible from the beach;
are-not-diresthier-indirectly-illuminated
(2) Exterior artificial light fixtures within direct line-of-sight of the beach shall be
completely shielded downlight only fixtures, or recessed fixtures having low
wattage long wavelength light source
watts-er less) and non-reflective interior surfaces. Other fixtures that have
appropriate shields, louvers or cut-off features may also be used if in
compliance with the requirements of subsection (1) of this section.
(3) All fixtures shall be mounted as low in elevation as possible through use of
low-mounted wall fixtures, wall fixtures fitted with hoods, low bollards, step
lights, path lights, paver lights and ground-level fixtures, so that no light is
directly indirectly, or cumulatively visible from the beach or 41uminates-the
beach-
(4) Floodlights, upward-oriented lights, spotlights or search lights for decorative
and accent purposes, or used as security lights, are prohibited if they would
be directly indirectly, or cumulatively visible from the beach-er-would
indirectly-or cumu
(5) Exterior lights used expressly for safety or security purposes shall be limited
to the minimum number minimum wattage and configuration required to
achieve the safety and security function in compliance with the provisions
of Crime Prevention Through Environmental Design (CPTED). Motion
6
detectors should be employed to keep lights off except when approached,
and such motion detectors should switch lights on for the minimum duration
possible.
(6) Pole lights, if used, shall be fitted with long wavelength light sources and
shall be shielded in such a manner that light will be contained primarily
within the area that is landward of the pole, and light shall not be directly,
indirectly, or cumulatively visible from the beach.
(7) Lights on balconies including step lights, that serve as egress areas from
building and on catwalks, step lights within line-of-sight of the beach facing
the—ocean shall be limited to: low profile luminaries fitted with long
wavelength light sources and positioned so that no light illuminates-or is
directly. indirectly, or cumulatively visible from the beach walfineunted
(8) Tinted or filmed glass shall be installed on all glass windows walls
balconies, elevator shafts, stairwells, railings and glass doors of single-and
multi-steer all structures facing or within line-of-sight of the beach. Shade
Solar screens can be substituted for this requirement.
(9) Parking areas and structures shall be designed and located to prevent
vehicular headlights from being directly:or indirectly or cumulatively visible
from illuminating the beach. Parking area and parking structure lighting shall
be shielded from the beach through the use of shields that direct light away
from the beach, and ground-level barriers designed in conformance to the
CPTED principals. Such ground-level barriers shall not interfere with marine
turtle nesting or hatchling emergence and shall not cause short or long-term
damage to the beach/dune system. Entrances and exits to parking
structures shall not face the ocean. Surfaces of parking areas shall not
contain ground glass or other reflective material.
(10)Lighting provided for any outdoor recreational feature on or abutting the
beach (such as tennis court, swimming pool, etc.) shall utilize low mounted
fixtures such as bollards and path lights, be long wavelength only light
sources, and be shielded to prevent light from being directlyref indirectly,
or cumulatively visible from illuminating the beach.
(11)Dune crosswalks. if lighted. shall utilize low profile shielded luminaries fitted
with long wavelength light sources and only be used landward of the crest
of the dune or beachwalk; no lights are authorized seaward of the dune
crest or beachwalk.
(12)No roof top advertising sign that is illuminated in any fashion shall be
permitted. All illuminated signaqe should be sited on the landward side of
the structure and mounted such that it is not within line of sight of the beach.
Illuminated signage should use low wattage. long wavelength only light
sources that are downward directed and fully shielded.
(13)Temporary security lights at construction sites shall not be mounted more
than fifteen (15)feet above the ground. Illumination from the lights shall be
the minimum necessary to assure security, shall not spread beyond the
7
boundary of the property being developed, shall be directed away from the
beach, and in no case shall such lights be directly indirectly, or cumulatively
visible from illuminate the beach.
(d•)(e) Lighting standards for new development that has already been permitted. The
provisions of subsection Ll (e) of this section shall not apply to any structure for which
the City of Miami Beach Building Department has issued a building permit prior to the
effective date of this division. Such structures shall be governed by the provisions of
subsection CD(e)-of this section.
(e)(f) Exterior Lighting standards for existing development. It is the policy of the City of
Miami Beach that no artificial Qutdoor light, shall be directly, indirectly, or cumulatively
visible from illuminate any area of the beach. To meet this intent, exterior lighting of
existing structures, within line-of-sight of
from-the beach, shall be in compliance with the following:
(1) Within six (6) months of the effective date of this article, existing artificial light fixtures
shall be repositioned, modified, or removed so that the point source of light or any
reflective surface is not directly, indirectly or cumulatively visible from the beach.;
and
(2) Within one (1) year of the effective date of this article, the following measures shall
be taken to reduce or eliminate the negative effects of existing exterior artificial
lighting:
a. Reposition fixtures so that the point source of light or any reflective
surface ofthe-lightfixture is no longer directly, indirectly, or cumulatively
visible from the beach;
b. Replace fixtures having an exposed light source with fixtures containing
recessed light sources or shields;;
c. Replace traditional light bulbs with low wattage, long wavelength light
sources ;
d. Replace non-directional fixtures with directional fixtures that point down
and away from the beach;
e. Replace fixtures having transparent or translucent coverings with
fixtures having opaque shields covering an arc of at least 180 degrees
and extending an appropriate distance below the bottom edge of the
fixture on the seaward side so that the light source or any reflective
surface of-the-light-fixture is not directly, indirectly, or cumulatively
visible from the beach;
f. Replace pole lamps that are directly or indirectly visible from the beach
with low-profile, low-level luminaries fitted with long wavelength light
sources or add shielding so that the light source or any reflective
8
surface of-the-light-fixture is not directly, indirectly, or cumulatively
visible from the beach;. If the use of low-level luminaries is not feasible
pole lamps shall be fitted with long wavelength light sources and shall
be shielded in such a manner that light shall be contained primarily
within the area that is landward of the pole, and light shall not be
directly, indirectly, or cumulatively visible from the beach.
g. Replace incandescent, florescent, and high intensity lighting with the
lowest wattage long wavelength light sources
lighting possible for the specific application;
h. Plan or improve vegetation buffers between the light source and the beach
to screen light from the beach:
i. Construct a ground level barrier to shield light sources from the beach.
Ground-level barriers must not interfere with marine turtle nesting or
hatchling emergence, or cause short- or long-term damage to the
beach/dune system;
j. Permanently remove or permanently disable any fixture that cannot be
brought into compliance with the provisions of these standards.
(g) Inferior liahtina standa is for existing development It isshe policy pf the city
of miami beach to reduce the negative effgpts of interior Iiohting risible from
the_beach. To meet this intent. the following stan dard shall apply to interior
fightuax,WaLotures within line-of-sightof tha beach:
(1)Within one year of the effective date of this article, gne or more of the following
measures shall be takenhotels and commercial orocerties to reduce or eliminate
the negative effects of existing interior artificial light sources that are directly
indirectly, or cumulatively visible from the beach:
a. Apply window tint film that meets the light transmittance standards for
tinted glass and/or-
b. Rearrange lamps and other moveable fixtures away from windows and/or:
c. Use opaque shades or room darkening window treatments (e.g. blinds
curtains, screens)to shield interior light from the beach.
(2) Residential groaertie_s and.mufti-family_ grope ties are enspuraged to reduce.
minimize or eliminate the negative effects of existino interior artificial light sources
visible from.theheach at nighttime through the f Ilowing measures
a. Tum off or dim all unnecessary lights and/or
b. Apply window tint film that meets the light transmittance ,standa _for
tin Mass and/4_r,
c. Rearrange lamps and other moveable factures away from windows and&c
d. Us gue shades or room darkening window treatments (ems blinds
curtains screens) to shield interior light from the beach
9
(3)Uj Commercial signage facing the ocean or in the line-of-sight of the beach, except
building identification signs, shall not be illuminated during the hours of 9pm - 7am of
nesting season within eighteen (18) months of the effective date of this article.
Building identification signs within line-of-sight of the beach shall utilize low wattage
long wavelength light sources.
(4)j4) Buildings located along Ocean Drive that are east of the CCCL line are allowed to
maintain current outdoor lighting. Additional special event spotlights or lighting during
turtle season should be minimized after 9pm and/or directed away from the beach.
When conducting renovations, buildings are encouraged to replace Neon lighting with
true red or amber LED lighting.
(kW Publicly owned lighting. Street lights, existing lighting at parks, publicly owned
parking facilities and publicly owned walkways shall be subject to the following:
(1) Streetlights. Street lights installed after the effective date of this ordinance
shall either be located so that the bulk of illumination will travel away from the
beach, and shielding is used to prevent light from being directly, indirectly, or
cumulatively visible from illuminating the beach, or shall be low profile
luminaries. Street lights existing prior to the effective date of this ordinance
shall be equipped with shields that prevent light from being directly, indirectly
or cumulatively visibleshallh-aM
from the beach.
(2) Lighting at parks, publicly owned parking facilities and publicly owned
walkways shall be shielded or shaded during nighttime hours of nesting
season so that such lighting is not directly, indirectly, or cumulatively visible
from ate the beach-and-visibility
Such shielding or shading shall not create a CPTED problem or safety hazard
for pedestrians.
Sec. 46-204. Enforcement and Penalties.
Violation of the provisions of this article or failure to comply with any of its requirements
shall constitute an offense enforceable pursuant to the enforcement provisions of Section
1-14 and Chapter 30 of this Code. When it has been determined that a violation has
occurred, notice of the violation and an opportunity for a hearing shall be served on the
property owner. Other person or persons responsible for lighting or management of the
property may also be served with notice if determined appropriate by the City
administration. Upon refusal, failure or neglect of the person or persons served with a
notice of violation to cure the violation with ten (10) days of such notice, or when the
violator or the violator's representatives do not appear at the hearing granted pursuant to
this Code or as otherwise provided by law, or when an order finding a violation is entered
against the violator, the enforcing agency shall notify the property owner, in writing, that
an external lighting source causing the violation may be removed by the City within ten
(10) business days thereafter. Alternatively, or in addition, at the discretion of the City
administration, a daily fine may be assessed against the violator, with such fine to begin
10
to be assessed within ten (10) business days thereafter, and to be continuously assessed
until the conclusion of nesting season or until the violation is corrected. Costs incurred by
the City associated with the removal by the City of external lighting sources causing
violations shall be recovered from the property owner, or such person or persons causing
the violation, and, if not recovered from the person or persons, shall be placed as a lien
against the property and reimbursed to the City at time of sale of the property.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
This Ordinance shall take effect on the _p._ day of /6t'flm4r , 2024.
PASSED AND ADOPTED this 30 day of 0 v✓ , 2024.
ATTEST:
/ LY NOV 0 5 2024 ven Meiner, Mayor
Rafael E. Granado, City Clerk \ �1!aE;..
Underline denotes additions it
Str+kethrough denotes deletions
A ;
Doubly urderflne denotes additions on second reading 2 '�'UT
t:'`
Stfikeffifeklegh denotes deletions on second reading APPROVED AS TO
FORM& LANGUAGE
(Sponsored by Commissioner David Suarez) & FOR EXECUTION
A (01 2?/202 r
11 ranA Date
Ordinances -R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO. Honorable Mayor and Members of the City Commission
FROM. Eric Carpenter. City Manager
DATE. October 30, 2024 10..35 a m Second Reading Public Hearing
TITLE TURTLE NESTING PROTECTION AMENDMENT
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 EXISTING ORDINANCE AND INCLUDE RECOMMENDED
MODIFICATIONS BY THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION ("FWC"); AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the subject ordinance
at Second Reading public hearing set for October 30, 2024.
BACKGROUND/HISTORY
On September 6, 2006, Ordinance No 2006-3525 was adopted to protect the native sea turtle
population by minimizing beachfront lighting to reduce the negative impact on nesting and
hatchiing sea turtles.
On September 11, 2024, the Mayor and City Commission approved the Ordinance amendment
on First Reading 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). During the item discussion, the C.ty Commission requested the intenor existing artificial
lighting requirement proposed in the amendments apply only to hotels and commercial properties
and not apply to residential properties. In addition, it was recommended to include language
regarding education and encouraging residents to adopt sea turtle-friendly lighting practices. The
changes are included in the Second Reading of the Ordinance.
ANALYSIS
Sea Turtles are protected by the Us Endangered Species Act of 1973 and Florida Statute Chapter
370. It is illegal to harm or harass sea turtles, their nests, or hatchlings. The City of Miami Beach
is a nesting habitat for three species of protected sea turtles Loggerhead, Green, and
Leatherback sea turtles.The handling of turtles and nests is regulated by the state agency,Florida
Fisn and Wildlife Conservation Commission (FWC) Sea turtle nesting season in the State of
Florida occurs between May 1 and October 31-, however, sea turtle nesting begins on April 1st in
the City of Miami Beach to account for the earlier Leatherback nesting season
On beaches where artificial lighting is visible, females may be deterred from nesting and the
hatchings' journey to the sea can be disrupted as they can become disoriented, causing them Io
Page 880 of 2497
crawl away from the ocean and toward the artificial light. Hatchlings are attracted to the brightest
source of light,which on an unlit beach would be the reflection of the moon off the surf. Beachfront
lighting has been documented to negatively affect nesting females and often results in reduced
or abnormal nesting activity Visible light sources and the reflection of"glow" resulting from the
cumulative effects of coastal lights contribute to this problem.
The City of Miami Beach is dedicated to the conservation and preservation of its natural resources
and works with many stakeholders in advance of and through Sea Turtle Nesting Season as
detailed in LTC No. 020-2024. The Environment and Sustainability Department is also
implementing Flip the Switch, a communications campaign funded through a competitively
awarded Sea Turtle Conservancy grant.
The Miami-Dade County Sea Turtle Conservation Program works under a Marine Turtle Permit
issued by FWC to survey over nineteen (19) miles of beaches from March to October. The
surveys begin at sunrise every morning during sea turtle nesting season which include dedicated
County staff identifying, marking off, and where applicable, relocating nests. No beach activities
(beach maintenance operations, sand sifting, litter collection, concessionaire operations, special
events, etc.) can begin before the daily survey is completed and County staff gives the
authorization to begin activities on the beach They also inventory hatched nests and document
hatchling disorientations. According to the County, high densities of disorientation due to
misdirected and artificial lighting were documented within South, Mid, and North Beach in 2022
and 2023. In 2023, 71 disorientation events out of 158 total nests were documented within Miami
Beach. This equates to approximately 45% of nests that were disoriented due to misdirected
artificial lighting. With an approximately 45% disorientation rate, Miami Beach has the second
highest"disoriented nests per mile" rate in Miami-Dade County
The objective of the ordinance amendment is to further reduce the damaging impacts of artificial
light on sea turtles by updating sections of the ordinance for consistency with FWC
recommendations. As such, modified language has been added throughout the ordinance to
clarify lighting requirements and the major recommendations include but are not limited to the
following.
• Amending, clarifying, and expanding the definitions in Section 46-202
• Cell phones and flash photography have been added as sources of artificial light
• The "Bug type bulb"definition has been removed as it is outdated,
• The terms'Beachwalk', 'F A.C.', 'Long wavelength light source', 'Minimized', 'New
Development', and 'Roof top advertising sign' have been added and defined,
• Definitions pertaining to light source type, 'Filmed glass', 'Solar screens'. and
'Tinted glass' have been amended.
• Modifyinq the prohibited activities disruptive to marine turtles in Section 46-203(a)--(c)
• Language was added recommending the use of red or amber filters cn vehicle
headligirts for vehicles authorized on the beach at night.
• Fireworks displays are prohibited on the beachfront Fireworks displays can occur
from offshore barges provided they have approval from the Fire Department and
a Florida Department of Environmental Protection permit or exemption,
• The operation of motorized vehicles during nesting season :s prohibited unless
otherwise specified by the ordinance,
• Lighting associated with special events cannot be visible from the beach after 9.00
p m to be consistent with FDEP and County requirements.
• Lighting standards for new development in Section 46-203(d)
Page 881 of 2497
• Remove the 'exceeding 50% of the value of the structure as determined by the
Building Official° threshold for renovations to comply with lighting standards for
hew development,
• Modify the lighting standards for new development to apply to lighting within line-
of-sight of the beach,not just lighting east of the Coastal Construction Control Line
(CCCL)
• Lighting standards for existing development in Section 46-203(f)
• Modify the lighting standards for existing development to apply to lighting within
line-of-sight of the beach, not just lighting east of the Coastal Construction Control
Line (CCCL).
Dunng the item discussion at First Reading, the City Commission requested the interior existing
artificial lighting requirement proposed in the amendments apply only to hotels and commercial
properties and not apply to residential properties. In addition, it was recommended to include
language regarding education and encouraging residents to adopt sea turtle-friendly lighting
practices.
Between First and Second Reading, the following section of the ordinance was amended to
address the above-mentioned recommendations of the Mayor and City Commission as follows:
• Include lighting requirements options for existing interior lights that are visible from the
beach for hotels and commercial properties
• Apply window tint of film that meets the light transmittance standards for tinted
glass and/or,
• Rearrange lamps and other moveable fixtures away from windows and/or,
• Use of opaque shades or room darkening window treatments (e.g. blinds,
curtains, screens)to shield interior lights from the beach.
• Encourage residential buildings and multi-family properties to reduce, minimize or
eliminate existing interior lighting visible from the beach by taking any of the following
measures
• Turn off or dim all unnecessary lights and/or,
• Apply window tint film that meets the light transmittance standards for tinted glass
and/or,
• Rearrange lamps and other moveable fixtures away from windows and/or,
• Use opaque shades or room darkening window treatments (e.g. blinds, curtains,
screens)to shield interior light from the beach.
Additjonally, the educational component of the Ordinance will be enhanced The Flip the Swatch
campaign will continue to be implemented in the next nesting season to further sea turtle
conservation efforts. Leading up to the 2025 sea turtle nesting season, the Administration plans
to focus on hotels, neighborhood and building associations and concessionaires as critical
stakeholders to increase education and compliance with the ordinance. In addition, the
Administration has met with the Greater Miami and the Beaches Visitors and Convention Bureau
and Miami-Dade County Parks, Recreation, and Open Spaces Department to target an education
campaign focused on eco-tourism.
Page 882 of 2497
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
THE BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance
The Business Impact Estimate (BIE) was published on October 11, 2024,
See BIE at. httpsitwww.miamibeachfl.qovIcty-halllaty-clerkimeennq-nol¢esi.
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends the Mayor and City Commission approve the subject ordinance
to further reduce the damaging impacts of artificial light on the native sea turtle population by
integrating Honda Fish and Wildlife Conservation Commission recommendations. Information
regarding the ordinance will be communicated widely through a public outreach process and
informational campaign.
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? Proiect?
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 -
•
Environment and Sustainability
Sponsor(s(
Commissioner David Suarez
Co-sponsor(st
Crc', or tap heie to antes te.t
Page 883 of 2497
Condensed Title
10.35 a m 277 Rdg, Turtle Nesting Protection Ordinance Amendment. (Suarez) EN
Page 884 of 2497
1BEACH
OfFICG OF THE On' MANAGER
NC LTC I0202024 LETTER TO COMMISSION
fc Honorable Mayor Steven Meiner
and Members of the City Commission
PROM Alina Hudak. City Managrl3
SATE January 19, 2024
S B;ECT 2024 Sea Turtle Nesting Season in Miami Beach
The City of Miami Beach is dedicated to the conservation and preservation of its natural
resources. including the protection of sea turtles that nest annually on our beaches. City
Ordinance No. 2006-3525 restricts artificial lighting dunng nesting season between Apnl 1
and October 31 (Ord. No. 2006-3525). Each year. the City refines its procedures to prepare
for the upcoming nesting season and I am pleased to share an update
Education and Events
The Environment and Sustainability Department was awarded �a
a competitive grant by the Sea Turtle Conservancy in the
amount of$13,550 to launch a campaign for the 2024 sea
turtle nesting season The Department is working closely with FIiPTNE
111
the Office of Marketing and Communications to launch the SWITCN�
"Flip the Switch" campaign to Increase awareness and
compliance of turtle-friendly lighting The oblective is to reduce 6EAC1-i
the damaging impacts of artificial light on sea turtles by
implementing low, long. and shielded lighting practices On —r- .
beaches where artificial lighting is visible females may be
deterred from nesting and the hatchlings' important Journey to the sea can be disrupted.
This poses a serious threat to sea turtle hatchlings as they can become disonerled causing
them to crawl away from the ocean and toward the artifioal light.
Digital messaging will be disseminated via all social media channels and will include digita,
ads, paid social ads, and a public service announcement(PSA). Printed advertisements will
include bus shelters, physical flyers. stickers, magnets, and a featured article in the Spring
edition of the Miami Beach Magazine Furthermore. the campaign will engage the
community and target population through regular newsletters during the nesting season,
emphasizing the critical importancepf protecting sea turtles. • 4
To learn more about sea turtle nesting season here on Miami Beach and how community
members can help, the City is pleased to announce the following events for the community
this season
- Miami-Dade County will be hosting a Sea Turtle Awareness Public Workshop on
Saturday, January 20 at the North Shore Park Youth Center (501 72n4 Street)at
12.30 pm and on Saturday, February 10 at the Miami Beach Regional Library
(227 22" Street) at 1230 pm.
The Environment and Sustainability Department will be hosting Turtle Fest on April
20 at Altos del Mar Park (76' Street 8 Cailins Averue). This family fun event was
Page 885 of 2497
firs!held in 2023 and celebrates the start of sea turtle nesting season to raise
awareness about sea turtle conservation.
Background
Sea Turtles are protected by the US
/"' Endangered Species Act of 1973 and Florida
1t}$ DO NOT HANDLE Statute Chapter 370. It is illegal to harm or
OR DISTURB •
harass sea turtles, their nests, or hatchlings
The City of Miami Beach is a nesting habitat
for three species of protected sea turtles'
Loggerhead, Green, and Leatherback sea
turtles. Handling of turtles and nests is
i . regulated by the state agency, the Honda
.x,., Ji Fish &Wildlife Conservation Commission
•
® \ ' ' 9 Sea turtle nesting season in the State of
�aa � .... "sa Florida occurs between May 1 and October
0me9-a.rE51-oe• 31, however, sea turtle nesting begins on
DON'fTOUCH,REPORTTIEM April 1" in Miami Beach to account for the
earlier Leatherback nesting season Locally,
the Miami-Dade County Sea Tulle
Conservation Program (MDCSTCP) is responsible for spearheading sea turtle conservation
efforts FWC issued a permit to the County that allows County staff to handle sea turtle
nests and hatchlings, and conduct daily inspections on our beaches
County staff began sea turtle nesting surveys on March ''for the 2023 turtle season The
surveys begin at sunrise every morning during sea turtle nesting season which include
dedicated County staff identifying, marking off, and where applicable, relocating nests. They
also inventory hatched nests and document hatchling disorientations. No beach activities
(beach maintenance operations. sand sifting, litter collection, concessionaire operations,
special events, etc.) can begin before the daily survey is completed and County staff gives
the authorization to begin activities on the beach. This prevents the loss of sea turtle tracks
used to identify nests, as well as potential collisions with nesting sea turtles or newly laid
nests. All nests identified by County staff during the survey are marked and surrounded by
caution tape the same morning they are discovered, signaling the public to maintain a safe
Duffer of at least 10 feet. Furthermore, the City will continue to work closely with the County
to help address any lighting or conservation concerns along our beaches as the season
continues
City Efforts
A successful sea turtle season relies on the entire community to help prepare our beaches
for sea turtle nesting season For this reason, the City implements strategies and conducts
extensive education and outreach to the community to increase sea turtle awareness.
The Environment and Sustainability Department has been working w th various external
stakeholders and City departments on short- and long-term strategies to enhance the
protection of our native sea turtle population Efforts include coordination with FWC and the
County internal training for Code Compliance Officers, installation of lighting retrofits to
include amber lights or shading for City beachfront properties—including parks, parking lots,
and community workshops
The Code Compliance Department enforces the City's Turtle Nesting Protection Ordinance
through proactive inspections and complaints Code Compliance distributes information
Page 886 of 2497
•
annually to beachfront properties to remind them to reduce unnecessary artificial light
sources. keep blinds closed at right. and not harass nesting sea turtles.
If you have any questions, please contact Amy Knowles, Chief Res;,fence Officer, at
AmyKnavles(q miamioeachfl qo3 or Lindsey Precht, Assistant Director of the Environment &
Sustainability Department, at L mdstPrechti.amiamibeachfi goy
ATH/EC/AK
11
o
Page 887 of 2497
a
Ocean Drive
BOARD OF
DIRECTORS
April 17, 2025 Via Email Chairman
Jonathan Plutzik
The Honorable Eric Carpenter The Betsy
City Manager
City of Miami Beach Vice Chairman
1700 Convention Center Drive Jomil Dib
Miami Beach, FL 33139 V&E Restaurants
Secretary
Subject: South Beach Holiday Fireworks Torn Glassie
Avalon Hotel
Dear Mr. Carpenter: Treasurer
Adiie Feola
As think you know, we have been advised that all South Beach holiday fireworks activity must Altanini Realty
emanate from "offshore barges" rather than the "on beach" historical approach. We
understand this is based on a very commendable effort to preserve appropriate conditions for Steven Boucher
Sea Turtle activity on the beach. Noting also that the Ocean Drive Association, and the Boucher Brothers
businesses we represent, have partnered with the city for many years to manage and fund the Management, Inc.
fireworks activations on both July 4th and New Year's Eve.
Frits Boers
We are writing now to advise you that the cost of such activations, particularly now with the Frtiz Hotel
profound additional cost of securing offshore barges(to the extent they are available at all)
makes our continued financial support of these activities that benefit of the entire Miami I Tom Donal
Beach community beyond our capacity to fund. The Palace
We would be delighted to have ODA leadership to continue to manage the program if the city Mark Muhlrad
chooses to fund the full cost of the two principal holiday fireworks activations Starlite Hotel
Respectfully, Scott Srebnick
Goldman Properties
The Board of Directors
Janet Suarez
VUCA Hospitality
CC: Mayor Steven Meiner
Commissioner Tanya Bhatt Orlando Valdes
Commissioner Laura Dominguez
Cavalier&Henrosa
Commissioner Alex Fernandez Hotels
CommissionerJoe Magazine
Commissioner Kristen Rosen Gonzalez
Commissioner David Suarez
Ceci Velasco
Executive Director
808 of 2719
C — Exp'osive Touc Enterprises, LLC
men X P L /ry rI I —
ATF 1-FL 061-23-5L-01157
loll 4260 Amelia Plantation Court
TOUCH ENTERPRISES Vero Beach, FL 32967
B[led To Date of Issue Invoice Number Amo,mt Due (USD)
Alfie Feola 05/13/2025 0000556 W a 100,000.00
Ocean Drive Improvement
Association Due Date Reference
760 Ocean Drive 05/13/2025 July 4th, 2025
Suite 9 Fireworks Display
Miami Beacn, FL 33139 with ABS Barge
Description Rate Oty Lne Total
Professional Fireworks Display 8 PYRO Services $45.000.00 1 $45,000.00
Professional Fireworks Dispray an Jely 4th,2325 war ABS Barge
ABS Barge 8 Tug $55,000.00 1 555.000.00
Ocear Gorrg Barge n.g.FJe 8 woe'or f reword Disp'ay
Subtotal 100.000.00
Tax 000
Total 100.000.00
Amount Paid 0.00
Payment Schedule
Payment(1 of 2) Dae May 12, 2025 550.000.00
Payment(2 of 2) Due Jul 4, 2025 550,000.00
Amount Due(USD) $100,000 00
Notes
Barge Company added SB,500.00 in additional fees in addition to the original quote amount for Surcharges &
Required On-Hire/Off-Hire Surveys that are completed by Third-Party Surveyors. Total Cost should be
5108.500 00.
Terms
809 of 2719
X PL (; S I V __
TOUCH ENTERPRISES
PROFESSIONAL FIREWORKS DISPLAY
SERVICE CONTRACT
Contract #: 25-0036
sponsor: Ocean Drive Improvement Association
Contact/Client: Alfie Feola
Date of Display: July 4th, 2025
0 ASS Barge ONshore year W minis Pan'fl&^»Ocenn 2ne IAiam 9eacn R"IJ'J9
Location:
Time: Appx. 9:00PM
Duration: 13 Minutes
Show Price: $100,000.00
Deposit Required: $50,000.00
Other details: Company will secure all permits
Scope of Work: 13 Minute Aerial Fireworks Display
utilizing high quality 1 .3G Fireworks. Display will be 100% electronically fired
and will include 3 segments: Opener, Body & Grand Finale.
Company will secure ALL permits required for display. -
Shells Included: 1'-2.5': 1 ,200; 3": 500; 4": 280; 5": 120; 6":99; 7":8; 8": 8
A f" Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page '
810 of 2719
XPSIV =
TOUCH ENTERPRISES
We the undersigned, being interested in a fireworks display for
agree to pay a total price of$ 100.000 00 for the display agreed upon, and the display will be
produced by Explosive Touch Enterprises,LLC.
TERMS AND CONDITIONS:
The undersyned intending to be ley Ily b and agree as follows:
1. Sponsor to make a deposit payment of 50°0 of the contract price upon signing of contract.If the display is
being contracted within 30 days of display date,deposit payment Is due Immediately to ensure enough
time to acquire permits. PERMITS WILL NOT BESECURED FOR THIS EVENT WITHOUT DEPOSIT PAYMENT
BEING RECEIVED. Balance Payment due 14 days prior.
2. In the event Sponsor shall fail to pay any sum when due under the terms of this contract, Sponsor shall
pay,in addition to such amount, interest at the rate of 1.5%per month on the unpaid amount from the
original due date. Sponsor does further agree that it shall pay Explosive Touch Enterprises, LLC.
reasonable attorney fees and court costs in the event Explosive Touch Enterprises, LLC. shall commence
suit or incur fees to compel Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's
default of any of the terms and provisions herein contained.
3. If event is on land, sponsor to furnish police and/or crowd security personnel, provide proper parking
supervision,and insure adequate patrol of the safety zone as marked and secured by the sponsor until
Explosive Touch Enterprises. LLC advises that it is no longer required. Explosive Touch Enterprises, LLC
is not responsible for clean-up of extended range debris for land-based shows other than c ompany
equipment, supplies and packing materials. A land based fireworks display will produce an extended
range debris field depending on wind speed.Sponsor shall be responsible for the clean-up of any such
debris.
4. If event is over the water,Explosive Touch Enterprises, LLC will be responsible for marine event permit,
and for the control of safety zone.
5. Explosive Touch Enterprises, LLC reserves the right to stop the display in the event persons,vehicles or
animals enter the secured safety zone and security is unable or unwilling to remove them and enforce the
safety regulations.
6. Explosive Touch Enterprises,LLC will obtain and furnish at its expense all a pplicable licenses,permits
and a minimum of 51,000,000.00 liability Insurance for your electronically fired display. Explosive Touch
Enterprises, LLC.will obtain all necessary government approvals for the display.
7. In accordance with local regulations and ordinances,fireworks displays shall not take place later than
10:30pm unless approval is obtained from the governing authority.The restrictions shall not be applicable
with regards to holidays such as December 31, January 1,or other national holidays. If for some reason,
shoot time does not occur before the allotted time and shoot is canceled due to local authority or
expiration of permit, Sponsor is liable for full payment of display.
8. Sponsor holds Harmless Explosive Touch Enterprises,LLC from any claims that do not directly relate to
damages produced by Explosive Touch Enterprises. LLC's staff,equipment or pyrotechnic material.The
Sponsors agree to give Explosive Touch Enterprises, LLC prompt notice of any claims or demands and to
cooperate with Explosive Touch Enterprises, LLC or its successors in interest or assigns, if any,in the
defense of any such claims and/or demands.The Sponsors agree to indemnify,and hold Explosive Touch
Enterprises, LLC. harmless against any and all liability claims,damages. losses,expenses and costs,
including attorney fees that arise out of the display(s)which is subject of this contract except for liability
which is due solely to negligence on the part of Explosive Touch Enterprises, LLC. or its staff or
equipment or pyrotechnic material provided by Explosive Touch Enterprises. LLC. or its staff.
9 CREDITS:As a material inducement to Explosive Touch Enterprises, LLC.agreeing to enter into this
agreement,Sponsor shall give Explosive Touch Enterprises. LLC.program credit as sole fireworks
supplier and producer in all press releases, advertising and any other program announcements, printed or
otherwise.
A r Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 2
811 of 2719
10. If show is canceled due to actions unrelated to the actions or inactions of Explosive Touch Enterprises,
LLC or its staff,equipment or pyrotechnic material, sponsor is responsible for any permit,fire watch or
barge/tug fees, if applicable. Additionally, if the aforementioned cancellation occurs, sponsor will be
responsible for load In/load out expenses not to exceed 50%of budget. If show is stopped while in
progress for any reason,Sponsor will still be responsible for contract amount minus the cost of material
not discharged, unless the stoppage is due to the actions of Explosive Touch Enterprises, LLC or its
staff or due to problems with the equipment or pyrotechnic material of,or provided by Explosive Touch
Enterprises, LLC or its staff, in which case Explosive Touch Enterprises, LLC shall be in default under
this agreement.
11. If wind exceeds 20mph,fireworks display will be postponed to an agreed date between sponsor and
Explosive Touch Enterprises, LLC.
12. Inclement Weather: Explosive Touch Enterprises, LLC.will make every attempt to execute all fireworks
displays as scheduled. Explosive Touch Enterprises, LLC. reserves the right to postpone a display for
safety hazards caused by inclement weather.The Sponsors shall cover the additional costs reasonably
incurred by shooting the display on a mutually agreed upon alternate date. The additional cost for
shooting the display on an alternate date shall not exceed 10%of the display budget.
13. Rain Date policy is as follows: Postponement time Is 11:59wn on the day of display.
14. It the delivery and/or exhibition of the fireworks are postponed by reason of inclement weather, it shall be
re-scheduled to the Inclement Weather Date set forth by Sponsor.
15. In the event a reschedule occurs and is unrelated to the actions or inactions of Explosive Touch
Enterprises, LLC or its staff,and additional fees are Incurred by Explosive Touch Enterprises, LLC such
as permitting, fire watch, police,barge,etc,Sponsor will be responsible for these fees as they are
automatically charged to us.
16. Sponsor agrees to notify Explosive Touch Enterprises,LLC of any unknown changes of said fireworks
display such as change of venue,change of time or any other unknown change a minimum of 14 days
prior to display date. If for any reason an unknown change does not allow for the setup and execution of
fireworks display, sponsor is responsible for 50%deposit.
17. Client agrees to provide Explosive Touch Enterprises, LLC with an adequate firing area that is necessary
to produce a safe fireworks program. If for any reason on the day of display the firing area is considered
unsafe(Ex: Flooding/Standing water is present, muddy terrain or other hazards)to execute the fireworks
display, Sponsor is still liable for 50%of Show Budget.
18. If Sponsor has accepted a pre-payment discount otter at signing of contract, sponsor understands that if
for any reason sponsor cancels fireworks display,that 50%of the pre-payment amount is forfeited.
19. Marketing: Explosive Touch Enterprises, LLC may use public displays for promotional use, including but
not limited to videotaping and providing invitations to current and/or potential customers to view the
display setup site and the fireworks display. For private displays, Explosive Touch Enterprises, LLC will
seek approval from Sponsors before making such invitations. In return for marketing privileges,
Explosive Touch Enterprises may donate products and services to enhance the display.
20. Force Majeure: Explosive Touch Enterprises.LLC will take all reasonable steps to complete its
obligations under this contract. However, Explosive Touch Enterprises, LLC shall not be held
responsible for failure to perform its obligations under this contract if such failure is a result of an act of
God including extreme weather, natural disaster,terrorism,war,or any extraordinary circumstance
beyond its control.
21. Default:If Sponsor fails to timely perform any of its obligations under this Agreement, Sponsor shall be
in default and Explosive Touch Enterprises, LLC shall be entitled to pursue all remedies available under
Florida law or equity. However, not-withstanding the foregoing, if the display is canceled by Sponsor due
to acts of force majeure referenced in Paragraph 20 above,or any other reason unrelated to the actions
or inactions of Explosive Touch Enterprises, LLC,or its staff or due to the equipment or pyrotechnic
material of or provided by Explosive Touch Enterprises, LLC or its staff, Explosive Touch Enterprises,
LLC.shall be entitled to retain the 50%deposit as its liquidated damages due to the difficulty of
determining Explosive Touch Enterprises, LLC. damages arising from such a cancellation. If Explosive
Touch Enterprises, LLC fails to timely perform any of its obligations under this agreement Explosive
Touch Enterprises, LLC shall be in default and Sponsor shall be entitled to withhold any future payment
due hereunder and pursue all remedies available to Sponsor under Florida law or equity.
22.Terms&Condilions:Thls agreement shall be governed by and construed in accordance with the laws of
the state of Florida. This agreement is non-binding irrespective of endorsement until the 50%deposit has
been satisfied and notice presented by Explosive Touch Enterprises,LLC.
23.Venue Guarantee: Sponsor agrees to forfeiture of the 50%deposit and all other incurred fees In the event
the venue does not make proper arrangements and display must be canceled. Any required changes.
moves or special instructions for display site will be provided in written format at time of permitting.This
would include but not limited to moving boats,yachts, vehicles or other necessary items in the fallout
zone. .i4 Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page
812 of 2719
24. Important Note: Items listed for this fireworks display require a firing area that conforms to NFPA 1123,
which states that there must be at least 70 feet per inch of shell diameter between firing site and any
spectators,cars or buildings.
25. Disputes:The prevailing party in any legal dispute between the parties to this agreement shall be
entitled to recover its reasonable attorney's fees, expert witness fees and court and litigation costs
relating to the dispute, including appellate proceedings.
26. Additional Insureds: It is agreed that Explosive Touch Enterprises, LLC.will provide additional insured
status to the persons, entity and/or entities required as a condition of performing the aforementioned
pyrotechnics display.
XPLf„,,\* IV =
TOUCH ENTERPRISES
Display Coordination Contact(DCC)
Please provide information for a primary contact person who can be reached on the date of your event.This
will help to ensure smooth and accurate execution of your display:
Name: _ _ Alfie Feola _
Title: Treasurer, Ocean Drive Improvement Assoc.
Work Phone: -
Cell Phone: - _ _ 305-773-8094
E-mail Address: ohfeo@atlanticbb_net _
NOTE 1:The DCC information provided above is transferred to the Shooter in Charge(SIC)for the day
of display. Please make sure that all information provided is accurate and correct so that there are no
setbacks or communication errors for successful operations.
NOTE 2: Golf Courses, Hotels & Any other venues with Automatic Sprinkler systems, please make sure
to notify your operational or maintenance staff to deactivate outdoor sprinkler systems in the
immediate area of the display site.
Initials
www.explosivetouch.com I Phone: 800-590-7929 I info@explosivetouch.com I v1/2023 Page 4
813 of 2719
XP S I V =
TOUCH ENTERPRISES
Explosive Touch Enterprises, LLC. upon acceptance of this contract in writing, agrees to fulfill the
contract in a workmanlike and professional manner.
May 9, 2025 Date
Ocean Drive Improvement Association
Sponsor or Client Name
City of Miami Beach Sponsor or Client Title
�e�P-e4t Signature
Explosive Touch Enterprises, LLC. Display Company
President/Owner// D Title
1 ( ' `er^� Signature
Please e-mail signed contract to into@explosivetouch.com and make payment
of $50.000.00 to officially bind this contract for your fireworks display.
Thank you for choosing
XPLJ3SIV =
TOUCH ENTERPRISES
to produce your fireworks spectacular!
4 ' Initials
www.explosivetouch.com I Phone: 800-590-7929 I into@explosivetouch.com I v1/2023 Page 5
814 of 2719