BIE - STRENGTHEN CONSTRUCTION STANDARDS FOR SEAWALLS/FLOOD BARRIERS (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
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE MIAMI BEACH
CITY CODE, ENTITLED "FLOODS," BY AMENDING ARTICLE Ill, ENTITLED
"RESILIENCY STANDARDS FOR TIDAL FLOOD PROTECTION,” TO AMEND
THE APPLICABILITY OF THIS ARTICLE, MODIFY DEFINITIONS, AND
STRENGTHEN CONSTRUCTION STANDARDS FOR NEW AND EXISTING
SEAWALLS AND OTHER TIDAL FLOOD BARRIERS TO STRENGTHEN
COASTAL RESILIENCE AND MITIGATE THE EFFECTS OF TIDAL FLOODING
AND SEA LEVEL RISE; 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
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e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
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. The Commission Memorandum and Ordinance are attached
hereto.
The Commission Memorandum and Ordinance, if amended on second reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meetings-and-agendas/
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
Property owners may incur direct compliance costs related to the maintenance and repair
of seawalls and other shoreline protection structures.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
A violator who has been served with a notice of violation shall elect either to: Pay the civil-
fine as follows for violations of sections 54-63(a) and/or (b): First offense $250.00; Second
and subsequent offenses $500.00.
In the event that tidal flooding entering the upland property, adjacent property, or a public
right-of-way is not mitigated by a property owner in a timely manner, the City shall be
authorized to install a temporary flooding barrier on the upland property, adjacent
property, or public right-of-way, at the expense of the owner.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The City's regulatory costs include expenses related to inspections, reviews of itemized
construction costs, and enforcement actions such as installing temporary flooding
barriers. The proposed Ordinance states that property owners must maintain their
seawalls and other shoreline protection structures in good repair and reduce the impacts
of tidal flooding on adjacent private properties and public rights -of-way. Revenues from
new charges or fees, such as those for temporary flooding barriers, would aid these
regulatory costs.
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3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance: Any business owning property with frontage along a waterway or waterbody
would be required to comply with the Ordinance.
4. Additional comments: None.
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