Ordinance 2025-4737 ORDINANCE NO. 2025-4737
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 58-602 THEREOF, TO BE
ENTITLED "NOTICE TO ASSOCIATIONS," REQUIRING
PROSPECTIVE BULK OWNERS OF RESIDENTIAL CONDOMINIUM
UNITS TO PROVIDE NOTICE OF THEIR ACQUISITION OF INTERESTS
IN CONDOMINIUM PROPERTY; 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 property values and recent changes to the Florida
Condominium Act, Ch. 718, Fla. StaL, and other relevant state statutes, attempts lo 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 identified
alleged tactics by prospective developers and their affiliates to conceal their identities and efforts
to acquire controlling interests in condominiums; and
WHEREAS, it is in the public interest to ensure transparency in the condominium
termination buyout process and to apprise unit owners of negotiations with other unit owners; and
WHEREAS, predatory tactics to initiate condominium terminations threaten 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 BY THE MAYOR AND CITY COMMISSION OF
TNE 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 hereinafter set forth below:
CHAPTER 58
HOUSING
ARTICLE VII. CONSUMER PROTECTION OF
OWNERS OF RESIDENTIAL REAL PROPERTY
Sec. 58-600. Oefi n itions.
U "Acquire" or "Acauisition" means aaininq anv riqht benefit or consideration throuqh anv
contract. ootion or aqreement with an owner of real oropertv reqardless of whether a sale
convevance or transfer of all or anv oortion of an ownershio interest in real orooertv has been
consummated.
Lb) "Association" shall have the meanina set forth in s 718 103 Fla Stat
(c) "Bulk owner" shall have the meanina set forth in s 718 N7 Fla Stat
(dl "Condominium oropertv" shall have the meanina set forth in s 718 103 Fla Stat
(el "Prooertv manaoer' means the oerson or entitv responsible for the suoervision maintenance
and/or ooeration of condominium oropertv
(fl "Prosoective bulk owner" means a oerson or entitv which has acouired thirtv (30) oercent or
more of the total ownershio interests of condominium orooertv reoardless of whether the oerson
or entitv is seekinq to acquire the riahts and interests of a bulk owner and anv successor in
interest or assiqnee of such oerson or entitv
Sec. 58•602. Reauirina notice to condominium associations bv orospective bulk owners
(a) Within thirtv (30) calendar days after a orospective bulk owner acauires thirtv (30) percent or
more of the ownership interests of condominium oropertv or succeeds in or receives an
assiqnment of the interests of a orosoective bulk owner the prosoective bulk owner shall deliver
a notice bv mail to the followinq recipients
f 1� The secretary or equivalent officer of the condominium association
j2� The orooertv manaaer.
j3� Each unit owner in the condominium.
(b) The notice shall contain the followinq information�
�j The name principal address business ohone number and email address of the
prosoective bulk owner If the orospective bulk owner is an entitv the notice shall also
include the name princioal address business ohone number and email address of the
reqistered aaent. If the orospective bulk owner is an entitv formed and e 'stina ou[side[he
state of Florida the notice shall also include the orosoective bulk owner's Florida business
address or, if apolicable local business address
j2� The name and street adtlress(es) of the wndominium
j3� The total number of units which the orospective bulk owner has acauired as of the date of
the notice.
f4� The followino statemenT
"The oartv named in this notice has acauired at least thirtv (30) percent
of the ownershio interests in this condominium "
f5� Additionallv if the orospective bulk owner intends to aoprove and file a olan of termination
of condominium the notice shall also indude the followina statement�
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'The oartv named in this notice has bequn acauirinq ownershio interests
in this condominium with the intent to aoprove and file a olan of
termination with the Division of Florida Condominiums Timeshares and
Mobile Homes."
Lc) The orospective bulk owner shall deliver an uodated version of the notice to all recioients
reqwred under this section within five (51 business days followinq a chanae to anv information
contained in the notice.
(d) Anv notice reauired under this section shall be olainlv visible and written in a font size of no
less than 14 ooints and all information thereuoon shall be clear and leaible
(e) Uoon receiot of a notice the association or orooertv manaqer shall consoicuouslv publish
post. or distribute the notice in a common area or otherwise in the manner bv which notices are
customarilv provided to the members of the association
(fl Effective date The orovisions of this section shall aoplv to anv prosoective bulk owner that
acquires thirtv (30) percent or more of the ownershio interests of condominium oropertv on or
after Julv 1 2025
Sec. 58-670. Civil oenalties.
�a) The code comoliance deoartment shall enforce this section� however this shall not oreclude
other law enforcement aaencies from takino anv action to assure comoliance with this division
and all aoplicable laws
j� If a violation is observed the enforcement officer shall be authorized to issue a notice of
violation 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 apoealed bv reauestinq an administrative
hearina before a soecial maoistrate 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 riqht to a hearino
f2� A violation of this section shall be subiect to the followinq fnes�
a. Penalties.
i_ If the violation is the first offense a oerson or business shall receive a civil
f ne of$500.00�
ii. If the violation is the second violation within the orecedinq six months a
person or business shall receive a civil fine of$1 000 00�
iii. If the violation is the third violation within the orecedino 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 orecedinq six
months. a oerson or business shall receive a civil fine of 5 000 00
v_. For a faiWre bv a condominium association or oropertv manaqer to oublish
post or distribute a notice as reauired under this section a first offense shall
be subiect to a written warninq A second or subseauent offense bv a
condominium association or oropertv manaqer shall be subiect to the
penalties set forth in (i)throuqh (iv)
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b. Each condominium association prooertv manaoer and unit owner who does not
receive a wntten notice reawred under this section shall be considered a seoarate
and distinct offense subiect to aoplicable oenalties
f 3� 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. Request an administrative hearinq before a soecial maoistrate to aopeal the notice
of violahon which must be reauested within ten days of the service of the notice of
violation.
� The orocedures for aooeal bv administrative hearino 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
hearina must be accomoanied bv a fee as aoproved bv a resolution of the ciN
commission. which shall be refunded if the named violator orevails in the a�peal
j5� If the named violator after issuance of the notice of violation fails to oav the civil fine
or fails to timelv request an administrative hearina before a soecial maqistrate the
special maaistrate mav be informed of such failure bv the code enforcement officer The
failure of the named violator to aooeal the decision of the code enforcement officer within
the orescribed time oeriod shall constitute a waiver of the violator's riaht to an
administrative hearino before the soecial maoistrate and shall be treated as an
admission of the violation for which fines and oenalties shall be assessed accordinalv
f6� A certifed coov of an order imoosinq a fine mav be recorded in the oublic records and
thereafter shall constitute a lien uoon anv real or�ersonal orooertv owned bv the violator
which mav be enforced in the same manner as a court iudoment bv the sheriffs of this
state. includinq lew aqainst the violators real or oersonal oropertv but shall not be
deemed to be a court iudqment exceot for enforcemenl ourooses On or after the 61st
dav followina the recordinq of arn such lien that remains unoaid the citv mav foreclose
or otherwise execute uoon the lien
f 7� Anv partv aqqrieved bv a decision of a soecial maqistrate mav appeal that decision to a
court of comoetent iurisdiction
j8� The special maqistrete shall be orohibited from hearina the merits of the notice of
v_iolation or considerinq the timeliness of a reouest for an administrative hearinq if the
wolator has failed to reauest an administrative hearina within ten days of the service of
the notice of violation.
j9� The special maaistrate 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
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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
repea�ed.
SECTION 5. SEVERABILITY.
If any section, subsection, dause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the �day of TNIy , ��j
- T
PASSED and ADOPTED this aS day of_,/l�ty{ ,�p�;
ATTEST: r//!pL���-�-^�- G��
�_
iUN � Q 2172� Steven Meiner, Mayor
w,,..
af . Granado, Cit Clerk ;;PMI,.,•'�`.q�,,,+
Y ��r..' S+.
REGIS BARBOU '� '; `:
(Sponsored by Commissioner Alex J. Fernandez) ' '��Nfaet o�At[o- ;
�
Underlined denotes new additions ��'�4R�.— .��`�:•
'"' �.H'26.-`'
Strike4breu@p denotes deletions •
APPROVED AS TO
FORM AND LANGUAGE
�& FOR UTION
�A����
City Attomey �k Date
5
Ordinances - R5 O
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attomey Ricardo J. Dopico
DATE: June 25, 2025 10:70 a.m. Secontl Reading Public Hearing
TITLE: 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 PROPERTV,"
BY CREATING SECTION 58-600 THEREOF, TO BE ENTITLED "DEFINITIONS,"
TO ADOPT CERTAIN DEFINED TERMS;CREATING SECTION 58-602 THEREOF,
TO BE ENTITLED "NOTICE TO ASSOCIATIONS," RE�UIRING PROSPECTIVE
BULK OWNERS OF RESIDENTIAL CONDOMINIUM UNITS TO PROVIDE NOTICE
OF THEIR ACQUISITION OF INTERESTS IN CONDOMINIUM PROPERN;
CREATING SECTION 5&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 altached Ordinance is presented by the sponsor, Commissioner Alez J. Femandez, (or the
consideretion of the Mayor and Ciry Commission.
Condominiums are a popular form of residential real property ownership in the City of Miami
Beach and are (eatured among the City's most chenshed historic buildings within both loral and
Nalional Register distncts.
Rising property values and recenl changes to the Fbrida Condominium Act, chapter 718, F.S.,
and other relevanl state statutes in the wake of the Champlain Towers South disasler have
contnbuted lo increased attempts to termina[e older condominiums in the City of Miami Beach.
Sec[ion 718.177, F.S., provitles the methods by which condominiums may be lerminated.Section
718.117(3)(c), F.S., se[s(orth ihe procedures, rights, and obliga[ions of parties with respec�[o an
optional termination o(condominium initiatetl by an owner, together with its affliates, who holds
at least 80 percent of the voting interesls in the condominium (a "bulk owner").
The City of Miami Beach ORce of the Inspector General ("OIG") has identified that condominium
resitlenis may not be aware of efforts by tlevelopers to acquire wntrolling interests in
wndominium property and gain bulk owner status (defined in the attached Ordinance as
"prospective bulk owners") until it is too late to meaningfully express their opinions, raise
objections, or explore alternative living arrangements. The OIG further found that this lack of
transparency can be especially harmfW to eldedy and middle- and fxed-income condominium
owners.
1523
ANALYSIS
The Ordinance requires notice be provitled to condominium owners whose condominium is
undergoing a buy-out by a prospective bulk owner.� The sponsor's intent is to protect
condominium unit owners' interests, promote owners' eady inclusion and participation in
negotiations, and protect historic properties.
If enacted by the Mayor and Ciry Commissioq the proposed Ordinance would require developers
ihat acquire thiRy(30)percent or more of the ownership interests in contlominium pmperty to mail
a notice to each condominium unit owner, the property manager, and the condominium
association secretary or equivalent offcec The notice will contain the name, pnncipal address,
business phone number, and email of the prospective bulk ownec The notice wil�also contain the
name and physical address(es) o( the condominium; the number of units Ihe prospective bulk
owner acquired; and all applicable require0 slatements. The Ordinance requires the prospective
bulk owner to update and redistnbute the notice within five (5) business days oi any changes to
infortnation contained in ihe notice. The Ordinance also requires the condominium association
and/or property manager to conspicuously publish the notice.
The proposed Ordinance would be enforced by[he Ciry's wde compliance department with fines
per violation ot$500.00 for a frst oHense; $1,000.00 for a second offense; $2,000.00 for a third
offense; and $5,000.00 for a fourth or subsequent offense. Condominium associations and
property managers would receive a wntlen waming for the first offense, and thereaker be subject
to fines for subsequent violations.
� A requirement that prospective bulk buyers provide notice of their intent to effectuate a
condominium buy-out is not in conflict with or expressly preempted by ihe Flonda Condominium
Act or ihe Flonda �eceptive antl Unfair Trade Prectices Act.
FISCAL IMPACT STATEMENT
The City will use existing resources to enforce this Ortlinance.
Does this Ordinance recuire a Business Imoact Estimate4 Yes
(FOR ORDINANCES ONLV)
If applicable, the Business Impact Estimate (BIE)was pu6liahed on: 6111I2025
See BIE at: https://www.miamibeachFl.aovlcitv-hali/citv-clerklmeetina•noticesl
FINANCIAL INFORMATION
CONCLUSION
Aonlicable Area
Citywide
1524 �
Is this a "Residents Riaht to Know" item � Is this item relateA to a G.O. Bond
pursuant to CiN Code Section 2-177 Proiect?
Yes ryo
Was this Aaenda Ilem initlallv reouested bv a lobbvist which as defned in Code Sec 2481
includes a orincioal enaaaed in lobbvino7 No
It so, specify the name ot lobbyist(s)and principal(s):
Deoartment
Ciry Attomey
Soonsor(sl
Commissioner Alex Femandez
Co-soonsorlsl
Condensed 7itle
10:10 a.m. 2nd Rdg, Notice of Pmspective Bulk Condo Purchase. (Femandez)CA
Previous Action (For Cid Clerk Use Onlvl
First Reatling Public Heanng on 5/21/2025-RS AC
7525 �