Ordinance 2025-4738 6
ORDINANCE NO. 2025-4738
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 AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 58-2,
THEREOF, TO BE ENTITLED "FAIR APPROVAL PROCESS"
REQUIRING CONDOMINIUM ASSOCIATIONS TO APPROVE OR
DISAPPROVE AN APPLICATION FROM A POTENTIAL RESIDENT
WITHIN FIFTEEN (15) BUSINESS DAYS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, condominium associations often require an application, an application fee,
and an interview before approving a potential resident to live in the condominium; and
WHEREAS, unreasonably long delays belween application and acceptance or denial of
the potential resident have the potential to disrupt an already fragile and difficult housing market
for potential residents; and
WHEREAS, the Mayor and City Commission have determined that a fifteen (15) business
day period limit between application and denial oracceptance of a potential condominium resident
is reasonable and necessary to ensure reasonable access to housing within the City of Miami
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 'I. 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 I. IN GENERAL
Sec 58-2 Reauirina condominium associations to aoprove or disaoprove an aoolication
from a potential condominium resident within fifteen (151 business days.
� Anv condominium association that reauires an apqlication an application fee and/or an
interview before aoprovina a potential condominium resident to move onto the oropertv must
complete the entire orocess and aoprove or denvthe aoplicaM for residencv in the condominium
within fifteen (15) business days from the date a comolete apolication and or aoplication fee is
submitted Additionallv the condominium association must orovide notice of the aooroved or
denied application to the ootential resident and/or their aoent promptiv uoon makinq ihe
determination bul in no event later than the close-of-business on the fifteenth business dav that
the application is oendina.
(b) A condominium association that does not aoprove or denv a comolete aoplication with anv
application oaid-in-full for a potential resident within ffteen 1151 business days shall refund anv
apolication fee collected uoon request of the aoplicant within fortv-eiaht (48) hours of the reauest
and oroceed to orocess the aoolication conduct anv required interview and aoprove or denv the
application as soon as is oracticable
(c1 The reauirements of this section shall be limited as follows�
(1) The time limitation set forth herein shall not aooN to am potential resident who does
not possess a valid United States Social Securitv Number or Individual Taxoaver ldentification
Number(ITIM�
(2) The time limitation set forth herein shall not aoolv if the declaration of condominium
sets forth a different time limitation� and
(3) The time limitation set forth herein shall no[ aopiv if the ootential resident aqrees in
writinq to waive it.
(cl Anv condominium association that violates this section shall after a ninetv dav education
period durina which the citv administration shall orovide notice of the reouirements of this
ordinance to all condominium associations in the citv be issued a Notice of Violation bv the citv's
code comoliance deoartment and must elect to either
a. Pav the followina civil fine:
i. First violalion: $100 oer dav oer violation�
ii. Second and/or subseauent violation� $200 per dav oer violation� and
iii. $500 oer violation if the soecial maqishate finds the violation to be
irreoarable or irreversible in nature
b. Request an administrative hearina before a soecial maoistrate to appeal the
notice of violation. which must be reauested within ten days of the service of
the notice of violation The orocedures for appeal bv administrative hearinq
of the notice of violation shall be as set forth in sections 30-72 and 30-73 of
Ihis Code Aoplications for hearinos must be accomoanied bv a fee as
approved bv a resolution of the citv commission which shall be refunded if
the named violator orevails in the aooeal
(2) Failure to oav the civil fine or to timelv reouest an administrative hearinq before
a sDecial maqistrate shall constitute a waiver of the violators riaht to an
administrative hearina before the soecial maaistrate and shall be treated as an
admission of the violation for which fines and oenalties shall be assessed
accordinalv.
(3) A certified coov of an order imoosinq a fine mav be recorded in the oublic records
and thereafter shall constitute a lien uoon anv real or personal oropertv owned
by the violator which mav be enforced in the same manner as a court iudament
bv the sheriffs of this state inc�udinq levv aqainst the violator's real or oersonal
propertv, but shall not be deemed to be a court iudqment exceot for enforcement
�urposes. After three months followino the recordinq of am such lien that
2
remains unoaid the citv mav foreclose or otherwise execute uoon the lien for the
amount of the lien olus acerued interest
(4) The soecial maqistrate shall be orohibited from hearinq the merits of the notice
of violation or considerina the timeliness of a reauest for an administrative
hearinq if the violator has failed to reauest an administrative hearinq within ten
daYs of the service of the notice of violation The soecial maqistrate shall not
have discretion to alter the oenalties orescribed in this article Anv oartv
aqorieved bv a decision of a soecial maqistrate mav apoeal that decision to a
court of comoetent iurisdiction
SECTION 2. 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 ihis 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 3. REPEALER.
All ordinances or parts of ordinances in conFlict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, dause 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 on the � day of Gtl , 2025.
�
PASSED and ADOPTED this as day of .�NN 2024.
ATTEST: JUN 3 O ZOZS .��i������E(�n.�
Pr'`�-e�ven Meiner, Mayor
� ..
:'c.'
ae . Granado, Cit Clerk " ' � ` �`
y � 'IX(ORP ORAif�; : APPROVEDASTO
�� �, �".. h:
REGIS BARBOU •.3y. .�9; FORM & LANGUAGE
(Sponsored by Commissioner Alex J. Fem3� 6_-' & F CUTION
��...
Co-sponsored by Commissioner Tanya Bhatt) J,���1�
Underlined denotes new additions City ttomey �X Date
StrikeEp�e�{a denotes deletions
3
Ordinancas- RS P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Ciry Attomey Ricardo J. Dopico
DATE: June 25, 2025 10:15 p.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 5B OF THE MIAMI BEACH CIN
CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY CREATING SECTION 5&2, THEREOF, TO BE ENTITLED "FAIR
APPROVAL PROCESS" REQUIRING CONDOMINIUM ASSOCIATIONS TO
APPROVE OR DISAPPROVE AN APPLICATION FROM A POTENTIAL RESIDENT
WITHIN FIFTEEN (15) BUSINE55 DAYS; AND PROVIDING FOR REPEALER,
SEVERABILIN, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
ANALYSIS
The attached ordinance is presented on First Reading by the sponsor Commissione� Alex J.
Fernandez, for Ihe consideration of the Mayor and City Commission.
Condominium associations oken require an application, an application fee, and an interview
before approving a potential resident to live in the condominium.
The sponsor believes that unreasonably lonq tlelays belween application and acceptance oi
denial of the potential resident have the potential to disrupt an alreatly fregile and diff�cult housing
market for potential residents.
If enacled 6y the Mayor and Ciry Commission, the proposed ordinance would impose a fikeen
(15) business day limit between application and denial or acceptance of a potential condominium
resident in order to ensure reasonable access to housing within the Ciry of Miami Beach.
The proposed ordinance would be enforced by the City's cotle wmpliance department with fines
of $100 per day for a first violation and for a second and/or subsequent violation, $200 per day
per violation.
FISCAL IMPACT STATEMENT
N/A
Uoes this Ordinanee reauire a Business Imoact Estimate7 Ves
(FOR ORDINANCES ONLV)
1531
If applicable, the Businass Impaet Estimate (BIE)was published on: 6I912025
See BIE at: https:/Iwww.miami6eachFl.aovlcitvhalllcitv-clerklmeetina•noticesl
FINANCIAL INFORMATION
CONCLUSION
Aoolicable Area
Cilywide
Is this a "Residents Rioht to Know" item. Is this item related to a G.O. 8ond
oursuant to CiN Code Section 2d7? Proiect?
No No
Was this Aoenda Item initialiv requesled bv a lobbvist which, as defined in Code Sec. 2-481.
includes a orincioal enaaaed in 1o66vino7 No
If so, specify the name of lobbyist(s)antl pnncipal(s):
Deoartment
Ciry Ariomey
Soonsor(sl
Commissioner Alex Femandez
Co-soonsor(s)
Commissioner Tanya K. Bhatt
Condensed Title
10:15 a.m. 2ntl Rtlg, Falr Approval Pmcess for Contlo Approvals. (Fernandez/Bhatt)CA
1532