Ordinance 2025-4736 ORDINANCE NO. 2025-4736
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI
BEACH CITY CODE, ENTITLED "HOUSING," BY CREATING ARTICLE VII,
ENTITLED "CONSUMER PROTECTION OF OWNERS OF RESIDENTIAL
REAL PROPERTY," BY CREATING SECTION 58-600 THEREOF, TO BE
ENTITLED "DEFINITIONS," TO ADOPT CERTAIN DEFINED TERMS;
CREATING SECTION 58-601 THEREOF, TO BE ENTITLED "PROHIBITED
CONTACTS FOR SOLICITATIONS," TO ADOPT REGULATIONS
PROHIBITING CERTAIN PREDATORY SOLICITATIONS TO RESIDENTIAL
CONDOMINIUM UNIT OWNERS; CREATING SECTION 58-610 THEREOF,
TO BE ENTITLED "CIVIL PENALTIES," TO PROVIDE FOR PENALTIES
AND ENFORCEMENT; AND PROVIDING FOR REFERENCES TO FLORIDA
STATUTES, REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the condominium form of ownership is popular throughout the City of Miami
Beach, including in its historic districts; and
WHEREAS, in response to rising propeRy values and recent changes to the Florida
Condominium Act, Chapter 718, Fla. StaL, and other relevant state statutes, attempts to terminate
condominiums are on the rise in the City of Miami Beach; and
WHEREAS, the City of Miami Beach Office of the Inspector General ("OIG") has identifed
alleged tactics by prospective developers and their aRiliates to contact condominium owners to
pressure them to sell;
WHEREAS, the OIG recommended the adoption of an ordinance to prohibit predatory
tactics employed by some developers seeking to buy out and terminate residential condominiums,
which include unwanted and repeated or threatening contacts for solicitations; and
WHEREAS, predatory tactics to initiate condominium terminations threalen the housing
security of City of Miami Beach condominium owners and the City's substantial commitment to
and investment in its historic properties.
NOW, THEREFORE, BE IT ORDAINED 8Y THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 58 of the Code of the City of Miami Beach, Florida, entitled "Housing,"
is amended as follows and as hereinaker set forth below:
CHAPTER 58
HOUSING
ARTICLE VII. CONSUMER PROTECTION OF
OWNERS OF RESIDENTIAL REAL PROPERTY
Sec. 58-600. Definitions.
(al "ContacP' means to initiate anv written or verbal communication via anv ohvsical or electronic
medium. indudina but not limited to teleohone calls electronic mail letters or leaflets and in
person visits.
�b) "Develooer" means the oerson or entitv and anv affiliates aaents emolovees and attornevs
of the oerson or entitv initiatinq or attemotinq to initiate contact with a unit owner
(c) "SoliciP' or"Solicitation" means to reouest encouraqe persuade or convince a unit owner
j1� to enter into a contract option or aqreement to sell convev or transfer all or anv portion
of their ownershio interest to the develooer or
f2� to modifv the terms of a contract ootion or aqreement if a unit owner has oreviouslv
entered into a contract ootion or aqreement to sell convev or transfer all or anv portion
of their ownershio interest to the develooer
�d) "ThreaP' or"Threaten" means am statement thaY
� explicitiv or implicitiv threatens a forced sale of the oropertv of anv orooertv owner
j� caloles, pressures forces harasses or othervvise coerces a oropertv owner to enter into
a contract. option or aqreement to seil convev or transfer oropertv to the develooer or
� caioles. pressures forces harasses or otherwise coerces a oropertv owner to modifv the
terms of an existino contract oation or aqreement to sell convev or transfer orooertv to
the develooer.
(e) "Unit owner" or "Owner of a unit" shall have the meaninq set forth in s 718 103 Fla Stat
Sec. 58-601. Prohibited contacts for solicitations
La No develooer shall contact a unit owner to solicit them in furtherance of a oroposed olan of
termination of condominium:
� if the solicitation contains anv threat or
f 2� three (3)or more times within anv 180-dav oeriod if the unit owner has oreviouslv reiected
a solicitation or affirmativelv reauested in writino to the develooer not to be contacted
(b) This section shall not orohibiT
j� a solic'tation not encomoassetl bv oart (a) of this section�
f 2� a contact bv or on behalf of the followino oarties�
a. A condominium or communitv association
b. The board of directors of the condominium association or a member of the board
of directors actinq in his or her official caoacity
c. The oropertv manaqer or anv desiqnee aqent or attomev of the condominium
association otherwise authorized to make a contact
d. Anv person or entitv from whom contact is otherwise reauired to be made bv the
Florida Condominium Act Chaoter 718 Fla Stat or another aoplicable rule or
statute.
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� advertisements for realtv services� or
f� the delivery or distribution of oresentations or leaflets bv a develooer at a dulv noticed
meetino of the association uoon the invitation or aoproval of the board of directors
Sec. 58-610. Civil oenalties
(a) The code comoliance deoartment shall enforce this section� however this shall not oreclude
other law enforcement aoencies from takina anv action to assure comoliance with this division
and all aoplicable laws
� If a violation is observed the enforcement officer shall be authorized to issue a notice of
v_iolation to the individual or entitv The notice will inform the violator of the nature of the
violation, amount of fine for which the violator is liable instructions and due date for
pavinq the fine. that the violation mav be aopealed bv reauestina an administrative
hearina before a soecial maqistrete within ten days after service of the notice of violation
and that the failure to aooeal the violation within ten days of service shall constitute an
admission of the violation and a waiver of the riaht to a hearina
j2� A violation of this section shall be subiect to the followina fines
a. Penalties.
i_ If the violation is the frst offense a person or business shall receive a civil
fine of$500.00�
ii. If the violation is the second violation within the orecedino six months
person or business shall receive a civil fine of 1 000 00�
iii. If the violation is the third violation within the orecedinq six months a person
or business shall receive a civil fine of�2 000 00� and
iv. If the violation is the fourth or subseauent violation within the orecedina six
months. a person or business shall receive a civil fine of 5 000 00
b. Each contact made in violation of this section whether to the same or a different unit
owner within the same condominium shall be considered a seoarate and distinct
offense subiect to aoolicable oenalties
j3� A violator who has been served with a notice of violation must elect to either
a. Pav the civil fine in the manner indicated on the notice of violation� or
b. Reauest an administrative hearinq before a soecial maqistrate to aopeal the notice
of violation which must be reauested within ten days of the service of the notice of
violation.
f4� The orocedures for aopeal bv administrative hearinq of the notice of violation shall be
as set forth in sections 30-72 and 30-73 of this Code A reauest for the administrative
heanna must be accomoanied bv a fee as aoproved bv a resolution of the citv
commission which shall be refunded if the named violator orevails in the aopeal
� If the named violator after issuance of the notice of violation fails to oav the civil fine
or fails to timelv reouest an administrative hearinq before a soecial maqistrate the
special maoistrate mav be informed of such failure bv the code enforcement officer The
failure of the named violator to aopeal the decision of the code enforcement officer within
the orescribed time oeriod shall constitute a waiver of the violator's riaht to an
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administrative hearina before the soecial maaistrete and shall be treated as an
admission of the violation for which fines and oenalties shall be assessed accordinqlv
f� A certified coov of an order imoosino a fine mav be recorded in the oublic records and
thereafter shall constitute a lien uoon anv real or oersonal orooertv owned bv the violator
which mav be enforced in the same manner as a court iudament bv the sheriffs of this
state includina levv aqainst the violator's real or �ersonal orooertv but shall not be
deemed to be a court iudqment exceot for enforcement ourooses On or after the 61 st
daV followina the recordino of arn such lien that remains unoaid the citv mav foreclose
or othervvise execute uoon the lien
f7� Anv oartv aqqrieved bv a decision of a soecial maqistrate mav aooeal that decision to a
court of comoetent iurisdiction
j8� The soecial maaistrate shall be orohibited from hearina the merits of the notice of
violation or considerinq the timeliness of a reauest for an administra[ive hearino if the
violator has failed to reauest an administrative hearinq within ten days of[he service of
the notice of violation.
�9j The soecial maqistrate shall not have discretion to alter the oenalties orescribed in this
subsection.
SECTION 2. REFERENCES TO FLORIDA STATUTES.
All references to any section, chapter, or provision of the Florida Statutes in this ordinance
are made as that section, chapter, or provision may be amended from time to time.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the S day of J�, 2025.
PASSED and ADOPTED this u�� day of_7uNE , 2025.
ATTEST:
�_� 1UN 3 D �025 e e einer, Mayor
_ \P�„B�,c
A_-R3�el . ranado, CityClerk :��g,
��� REGIS BARBOU : i
(Sponsored by Commissioner Alex J. Femandez) ': ���NfO�P OR�1Ea' ;
'�,3�. :c'i
Underiined denotes new additions *�.;9q�-. -���:
c�:b.,��..,. 6 ���„H�26 ,.
o.*...�,.g., denotes deletions �•�
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
� f��iS��oz.T
City Attorn �� Date
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Ordinances - RS N
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attomey RicarUo J. Dopico
DATE: June 25,2025 9:55 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CIN COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI BEACH CITV
CODE, ENTITLED "HOUSING," BY CREATING ARTICLE VII, ENTITLED
"CONSUMER PROTECTION OF OWNERS OF RESIDENTIAL REAL PROPERTY,"
BY CREATING SECTION 58E00 THEREOF, TO BE ENTITLED "DEFINITIONS,"
TO ADOPT CERTAIN DEFINED TERMS; CREATING SECTION 58-601 THEREOF,
TO BE ENTITLED "PROHIBITED CONTACTS FOR SOLICITATIONS," TO ADOPT
REGULATIONS PROHIBITING CERTAIN PREDATORY SOLICITATIONS TO
RESIDENTIAL CONDOMINIUM UNIT OWNERS; CREATING SECTION 58-610
THEREOF,TO BE ENTITLED"CIVIL PENALTIES,"TO PROVIDE FOR PENALTIES
AND ENFORCEMENT; AND PROVIDING FOR REFERENCES TO FLORIDA
STATUTES, REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
BACKGROUNDIHISTORY
The atlached Ordinance is presentetl by Ihe spon5or, Commissioner Alex J. Fernandez, for Ihe
consideration of the Mayor and City Commission.
Condominiums are a popular form of residential real property ownership in the City of Miami
Beach and are featured among the Citys most chenshed histonc buildings within bofh local and
National Register disMcts.
Recent changes to the Florida Condominium Act, chapter 718, F.S., and other relevant state
statutes in the wake of the Champlain Towers South disaster have contributed to increased
attempts to terminate older condominiums in Ihe Ciry of Miami Beach.
The City of Miami Beach Offce of the Inspeclor General ("OIG') has identifed instances where
condominium unit owners experienced unwanted and threatening solicitations to sell their units
to buyers for the purpose of terminating the condominium.
ANALYSIS
The Ordinance prohibits certain contacts by a developer to condominium unit owners that solicit
ihem to sell, comey, or transfer [heir ownership interests to the developer, or lo modify existing
agreements to sell, convey, or transfer ownership interests m the tleveloper.�
The sponsors in�ent is to protect uni[ownere from experiencing unfair pressure to sell their units
and lo encourage develOpers�o engage in more transparent negotiations and business practices.
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If enacted ty lhe Mayor and Ciry Commission,the proposed Ortlinance would prohibit any person
or entity 6om contacting condominium unit owners to solicit the sale of their unils in furtherance
of a condominium termination if the unit owner has rejeded a solici�ation, requested not to be
conWcted, or if the solicitation contains a threat(as deMed in the attached Ordinance).
The proposed Ordinance woultl 6e enforced by the City's code compliance depaRment with fines
per violation of$500.00 tor a frst oHense; $1,000.00 (or a second offense; $2,000.00 foi a third
ottense; and $5,000.00 for a fourth or subsequent oHense.
�A pmhibition on predatory tactics in condominium buy-out solicitations is not in conflict with or
expressly preemptetl by ihe Flonda Contlominium Acl or the Flonda Deceptive and Unfair Trede
Practices Act.
FISCAL IMPACT STATEMENT
The Ciry will use existing resources to enforce this Ordinance.
Does this Ordinanca reauire a Business ImoaM Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on: 611112025
See BIE at: httos://www.miamibeachfl.aovlcitY-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONC W SION
Aoolicable Area
Ci�ywide
Is this a"Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to CiN Code Section 2-171 Proiect7
Ves No
Was this Aaenda Item initiallv reauested bv a lobbvist which, as defined in Code Sec 2-681.
includes a orincioal enoaaed in lobbvino7 No
If so, specify the name of lobbyist(s)and principal(s):
Deoartment
City Attorney
Soonsorlsl
1576 �
Commissioner Alex Fernandez
Co-soonsor(al
Condensed Title
9:55 a.m. 2nd Rdg, Prohibit Predatory Solicitations to Residential Condo Owners. (AF)CA
Previous Action IFor CiN Clark Use Onlvl
First Reading Public Heanng on 5/21I2025- R5 AD
1517 �