BIE - BALLOONS PROHIBITED AT PUBLIC MARINAS-FACILITIES-PARKS-BEACHES (7/9/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE, ENTITLED
“PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC
PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING
SECTION 82-73 THEREOF, ENTITLED “BALLOONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES” TO INCREASE THE CIVIL PENALTIES AND
SPECIFY RESPONSIBLE PARTIES FOR VIOLATIONS IN ORDER TO DETER HARMFUL
LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
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Ordinances - R5 AB
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:June 25, 2025 1:40 p.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED
“USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED
“GENERALLY,” BY AMENDING SECTION 82-73 THEREOF, ENTITLED
“BALLOONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS,
AND BEACHES” TO INCREASE THE CIVIL PENALTIES AND SPECIFY
RESPONSIBLE PARTIES FOR VIOLATIONS IN ORDER TO DETER HARMFUL
LITTERING AND PROTECT MARINE AND COASTAL WILDLIFE; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner David Suarez for
consideration at the June 25, 2025 City Commission meeting.
On January 31, 2024, the Mayor and City Commission adopted Ordinance No. 2024-4590
prohibiting the use or possession of balloons at public marinas, beaches, marine facilities, or
parks to prevent environmental pollution, avert the unnecessary obstruction of waterways, and
avoid denigrating the aesthetics of the waterways and its marinas, marine facilities, parks, and
beaches.
The sponsor of this Ordinance proposes to amend Ordinance No. 2024-4590 to increase the civil
penalties and to expand the scope of liability for violations in order to further deter harmful littering
and protect marine and coastal wildlife. Specifically, possession or use of ballons at any public
marina or public marine facility by a person or entity shall result in the following fines: (1) first
violation within a 12-month period shall be a civil fine of $250 for each balloon up to a maximum
total fine of $1,000.00; (2) second or subsequent violation by a person or entity within a 12-month
period shall be a civil fine of $1,250.00 for each balloon up to a maximum total fine of $5,000.00.
Furthermore, vessel operators shall be liable for a violation of the foregoing prohibition if any
balloons are present on the vessel in the possession, custody, or control, of any crew member,
passenger, or other person.
FISCAL IMPACT STATEMENT
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N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
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
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
1:40 p.m. 1st Rdg PH, Balloons Prohibited at Public Marinas/Marine Facilities/Parks/Beaches.
(DS) CA
Previous Action (For City Clerk Use Only)
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