R5C-Amend Film And Print Production PermitsCOMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 12 Of The
Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article I Thereof, Entitled "Film And
Print Production Permits," By Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification,
Severability, And An Effective Date.
Key Intended Outcome Supported:
Diversify Business Base in Miami Beach
Supporting Data (Surveys, Environmental Scan, etc.): In 2012 the City issued 1,004 total film and print permits. Of I those, 54 separate entrees for locations in single family homes with a total of 182 days in totaL
Item Summary/Recommendation:
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for
the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that
established Film and Print Guidelines. The guidelines, while somewhat burdensome and cost prohibitive to some
productions, are designed to maintain the integrity of a neighborhood, and have become a model other communities
have referenced when trying to create their own.
As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The
Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A
violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before
the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued.
This will ensure that the violator is still afforded due process.
The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee (NCAC)
to discuss enhanced penalties between first and second reading. The attached Ordinance was prepared in response to
the direction given at the February 6, 2013 City Commission meeting.
Section 1 O(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000 fine for
the first offense, a $3,000 fine for the second offense and a $6,000 fine for a third offense within a 12 month period.
Section 1 O(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit. Violations
of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a $3,000 fine for a third
offense within a 12 month period.
Section 1 O(e) includes enhanced penalties that require the film and print production to immediately terminate upon
confirmation of a violation by the City's Police Department and Code Compliance Division; the violation must also be
issued to the property owner and the production company, who shall be joint and severally liable for the violation; and
the City Manager MUST not issue any new permits to the production company for a period of 12 months.
The Neighborhood and Community Affairs Committee discussed this matter at their March 18, 2013 meeting and
approved a motion to tighten the ordinance and move it to the City Commission for consideration.
Advisory Board Recommendation:
Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15,
2012, November 19, 2012 and March 18, 2013. The Production Industry Council (PIC) has reviewed amendments to
the guidelines at numerous meetings since January 2012.
Financial Information:
Source of
Funds:
OBPI
ncial Impact Summary:
Amount
City Clerk's Office Legislative Tracking:
Assistant City Manager
Account
City Manager
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AGENDA ITEM
DATE ---4--1-$..-..J~"'
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and
Jimmy L. Morales, City Manager
April 17, 2013 FIRST READING
AN ORDINANCE OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE,
ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I
THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING
SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Following the approval of the Film and Print Guidelines at the February Commission meeting, and with
direction from the Neighborhood and Community Affairs Committee at the March 18, 2013 meeting, staff
recommends approval of the proposed amendments to the Film and Print Ordinance on first reading,
strengthening the enforcement language and penalizing those cited for filming without a permit.
KEY INTENDED OUTCOME SUPPORTED
Maximize Miami Beach as a Destination Brand.
BACKGROUND
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and
criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a
companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline
insurance, indemnity and application requirements; basic requirements for Police and other municipal services;
do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential
production requests, as well as more detailed enforcement policies. These guidelines have been designed to
allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and
flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating
the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s).
The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for
facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print
Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's
neighborhoods and businesses. The Office of Film and Special Events issues close to 1000 film permits each
year and is an information resource to productions, businesses and residents alike.
Film and Print production is a coveted industry, responsible for substantial direct and indirect economic impact
to Miami Beach. In 2012, the City's Film and Print Office issued a record 1022 permits for over $110 Million
reported in Miami Beach alone, an upswing largely credited to the State of Florida's Film and Entertainemnt
Incentive, which the City lobbied to achieve. Projects filmed in Miami Beach last year included features "Pain
and Gain" and "Iron Man 3" as well as television series "Burn Notice" and "Magic City." The images taken here
in all mediums are transmitted throughout the world and are a true engine for our tourism destination.
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City Commission Meeting
Film and Print Ordinance
Proposed Amendments
April 17, 2013 Page 2
At the February 6, 2013 Commission meeting, a compromise between the production industry and residents
was reached and the Film and Print Guidelines were adopted.
PROPOSED FILM & PRINT ORDINANCE AMENDMENTS
As you know, the City has been reviewing the City Code to standardize and streamline enforcement
provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a
set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request
an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer
which resulted in the violation being issued. This will ensure that the violator is still afforded due process.
This item was heard on first reading on February 6, 2013. The Ordinance was introduced and staff explained
that the ordinance solely focuses on penalties and enforcement provisions to mirror other sections of the City
Code. Commissioner Weithorn suggested that there should be enhanced penalties for productions that do not
have a permit and perhaps be banned for one year before they can obtain a permit. Commissioner Weithorn
further stated that her concern is with individuals or companies that do not follow rules; they should be fined
with severe penalties, in order to obtain full compliance. Discussion continued regarding penalties to the
homeowners that rent houses for film and print productions without permits and Mayor Bower requested that
penalties be enforced to homeowners that rent properties as well.
The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee
(NCAC) to discuss enhanced penalties between first and second reading. The Attached draft Ordinance was
prepared in response to the direction given at the February 6, 2013 City Commission meeting.
Section 1 O(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000
fine for the first offense, a $3,000 fine for the second offense and a $6,000 fine for a third offense within a 12
month period.
Section 1 O(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit.
Violations of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a
$3,000 fine for a third offense within a 12 month period.
Section 1 0( e) includes enhanced penalties that require the film and print production to immediately terminate
upon confirmation of a violation by the City's Police Department and Code Compliance Division; the violation
must also be issued to the property owner and the production company, who shall be joint and severally liable
for the violation; and the City Manager MUST not issue any new permits to the production company for a
period of 12 months.
The Neighborhood and Community Affairs Committee discussed this item at their March 18, 2013, meeting
and recommended to tighten the ordinance and move it to the City Commission for consideration.
CONCLUSION
The Administration recommends approving the proposed ordinance on first reading and scheduling the public
hearing and second reading for May 8, 2013.
KB/MAS/GW
F:\INFO\$ALL\Max\TCD\CMO\Tourism\Film and Print\Film and Print ORDINANCE Memo April.docx
406
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND
ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED
"FILM AND PRINT PRODUCTION PERMITS," BY AMENDING
SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the
citizens of Miami Beach to ensure that film productions are compatible with the City, which is a
major and internationally recognized tourist destination; and
WHEREAS, the Administration recognized that specific measures need to be taken in
order to minimize the disruption and impact to surrounding residential inhabitants and business
entities; and
WHEREAS, the Administration has reviewed the enforcement provisions that are
applicable for film and print production permit violations, and is recommending necessary
amendments which shall establish appropriate fines and penalties against those individuals who
violate the requirements of Article I of the City Code; and
WHEREAS, the Administration and City Attorney's Office recommends amending the
enforcement provisions for violations of Section 12-1, which are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach
City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows:
CHAPTER 12
ARTS, CULTURE & ENTERTAINMENT
* * *
ARTICLE I. FILM AND PRINT PRODUCTION PERMITS
* * *
Sec. 12-1. -Film and print production permits.
The city manager or the manager's designee, shall have the authority to issue, modify or revoke
permits for film and print productions, in accordance with criteria set forth in this section and the
film and print regulations approved by separate resolution of the city commission.
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(1) [Unlawful without permit.] Except for filming by individuals for personal or educational
use, and "professional journalists" collecting, photographing, recording, or reporting
"news," as such terms are defined in F.S. § 90.5015, it shall be unlawful to engage in film
and print production activities on public property, residentially zoned (private) property, or
in film and print activities that require any city services, without a film and print permit.
(2) [Additional regulations and conditions may be imposed.] The city manager or the
manager's designee may impose additional reasonable regulations and conditions to a
specific permit to ensure the public health, safety and welfare, and peaceful enjoyment of
surrounding residents and businesses, at any time.
(3) [Application needed.] Individuals or businesses wishing to conduct film, television,
video and/or photography projects on public property, private residential property, or any
location that impacts or requires city services, must apply in advance to the city, providing
a completed application, including proof of insurance and indemnification, as required by
the film and print regulations, and receive a permit, before any film or print production
activity may commence;
(4) City services. Upon receipt of a completed permit application, the permit will be
reviewed to determine what, if any, city services will be required. Requirements may vary
for each production. The city manager or the manager's designee, in their discretion, may
require additional city services and/or monetary deposits not specifically listed or codified.
(5) Film and print regulations. The mayor and city commission may adopt by resolution
film and print regulations and the city manager or the manager's designee will administer
the regulations as they pertain to film and print productions working within the city. The
manager may authorize amendments to the regulations proposed by the administration,
and shall present such amendments to the city commission for approval, by resolution.
(6) Code of conduct. The city code of conduct for film and print productions shall be
distributed with all notification and/or signature forms. Copies are available in the office of
arts, culture and entertainment.
(7) Parking. All productions requiring prearranged parking must receive prior approval
from both the parking department and the city manager or the manager's designee before
a permit may be issued. Unless prior approval is received for specific requests, all
production vehicles must park legally at all times.
(8) Moratoria. The city manager or the manager's designee, at his sole discretion, is
authorized to place a temporary moratorium on the issuance of film and print production
permits for locations and/or neighborhoods which have experienced overuse as a result of
high volume and/or heavy impact filming. The moratorium shall remain in effect for a
maximum period of six months, but may be renewed for additional six-month periods if in
the discretion of the manager, the impact of the prior filming activities in the area warrants
extension.
(9) Conflict with noise provisions. The city manager or the manager's designee, may
issue a permit that authorizes filming in conflict with Chapter 46, Article IV, of this City
Code, or other applicable noise ordinance, only where the applicant has met all of the city's
requirements for obtaining a permit as prescribed in this division and the film and print
regulations, and the filming cannot be performed in compliance with the applicable noise
ordinance. Such a permit must specify the precise manner by which the noise ordinance
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may be exceeded, by what duration, and at what locations. Such permit authorization may
be modified or revoked if in the discretion of the manager, or designee, the authorization
excessively negatively impacts the surrounding neighborhood. Having a permit shall not
relieve the permit holder from compliance with all other applicable local, county, state or
federal laws.
(1 0) Enforcement.
a. Permits shall be maintained at the site on V.'hich the photography or filming
occurs. Upon the request of any police officer or code compliance officer of the city,
the owner, lessee of the property or representative of the production company, shall
produce such permit for inspection.
b. Persons engaged in film and print activities 'Nithout a permit, or otherv;ise in
violation of a permit, this section or the film and print regulations provided for herein,
shall be subject to enforcement by city police or code compliance officers, through the
issuance of immediate cease and desist orders, the violation of 'Nhich may subject the
offender to arrest, and/or enforcement as provided for in section 1 14 of this Code,
and/or notices of violation referred to special masters, who have authority to issue
fines or enforce compliance, as provided for in Chapter 30 of this Code. Police or
code compliance officers will coordinate enforcement •.vith the office of arts, culture
and entertainment. As an alternate and supplemental remedy, the city may enforce
this section by injunctive relief in any court of competent jurisdiction, and in such
circumstance the city shall be entitled to recover its reasonable attorneys' fees and
costs. For repeat offenders, the manager or designee may decline to issue permits to
such person or entity for one year, or such other period as the manager deems
appropriate.
Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines must be imposed for a violation of
Section 12-1(1 ), for those violations incurred for not obtaining a Film and Print
Permit:
(1) First offense committed for violation of Section 12-1{1), within a 12 month
period must be a fine of $1000.00;
(2) Second offense within a 12 month period must be a fine of $3000.00;
(3) Third offense and subsequent offenses within a 12 month period must be a
fine of $6000.00.
(b) Civil fine for violators. The following civil fines must be imposed for a violation of this
section, except for those penalties set forth in subsection (1 O)(a):
(1) First offense within a 12 month period must be a fine of $500.00;
(2) Second offense within a 12 month period must be a fine of $1500.00;
(3) Third offense and subsequent offenses within a 12 month period must be a
fine of $3000.00.
(c) Enforcement. The Code Compliance Division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
enforcement agencies or regulatory bodies from any action to assure compliance
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with this section, and all applicable laws. If an enforcing officer finds a violation of this
section, the officer may issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation, amount of fine for
which the violator is liable, instructions and due date for paying the fine, notice that
the Violation may be appealed by requesting an administrative hearing within ten
days after service of the Notice of Violation, and that failure to appeal the violation
within the ten days, shall constitute an admission of the violation and a waiver of the
right to a hearing.
@ Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal.
ill A violator who has been served with a Notice of Violation must elect to either:
§..:. Pay the civil fine in the manner indicated on the Notice of Violation; or
Q.. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be requested within 10 days of the
issuance of the notice of violation.
ill The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73 .
.@} If the named violator, after issuance of the Notice of Violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master mav be informed of such failure bv report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be
treated as an admission of the violation, which fines and penalties to be
assessed accordingly.
ill A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner
as a court judgment by the sheriffs of this state, including lew against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
recording of any such lien that remains unpaid, the City may foreclose or
otherwise execute upon the lien.
@ Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
@l The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (1 0) days of the issuance of the Notice of Violation.
ill The Special Master shall not have discretion to alter the penalties prescribed
in subsection (1 O)(a) and (b).
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.(§} Enhanced penalties. The following enhanced penalties must be imposed, in addition
to any mandatory fines set forth in subsections (1 O)(a) and (b) above. for violations of
this Section:
ill Enhanced Penalties for Subsection (1 O)(a):
@ The film and print production activity must be immediately terminated,
upon confirming a violation has occurred, by the Miami Beach Police
Department and the Code Compliance Division.
fQl Violations for subsection {1 O)(a}, within a residential zoning district must
be issued to the property owner and the production company, who shall
be ioint and severally liable for the violation.
ill The City Manager must decline to issue a Film and Print Production
Permit to such person or entity that has violated this subsection within a
12 month period. The prohibition from receiving the Film and Print
Production Permit must be for a one (1) year period of time.
ill Enhanced Penalties for Subsection (1 O)(b):
@ If the offense is a fourth offense within the preceding 12 month period of
time, in addition to the fine set forth in subsection (1 O)(b), the property
owner, production company or permittee must be prohibited from
receiving a Film and Print Production Permit for a three (3) month period
of time.
fQl If the offense is a fifth offense within six (6) months following the fourth
offense, in addition to any fine set forth in subsection (1 O)(b), the property
owner, production company or permittee must be prohibited from
receiving a Film and Print Production Permit for a six (6) month period of
time. The property owner, production company or permittee must be
deemed a habitual offender.
ill The City Manager may decline to issue future Film and Print Production
Permits to such person or entity that have been deemed habitual
offenders pursuant to this section for a period of one year. or such other
period of time acceptable to the City Manager.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way effect the validity of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (1 0) days following adoption.
PASSED AND ADOPTED this ___ day of ________ , 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underline denotes additions
Strikethrough denotes deletions
MATTI HERRERA BOWER
MAYOR
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