BIE - Prohibit Plastics/Metallized Decoration at Marinas and Parks (9/5/2025)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: September 17, 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 CREATING
SECTION 82-74 THEREOF, ENTITLED “PLASTICRELATED OR METALLIZED
DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE FACILITIES, PARKS, AND
BEACHES,” 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.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b.Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or
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Business Impact Estimate
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d.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.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 Q
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:September 3, 2025 10:46 a.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 CREATING SECTION 82-74 THEREOF, ENTITLED “PLASTIC-
RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS,
MARINE FACILITIES, PARKS, AND BEACHES,” 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 Alex J. Fernandez.
The City has been consistent in its commitment to protect its marine environment and wildlife.
Items such as glitter, tinsel, plastic or metallized confetti, sequins, synthetic flower petals, and
mylar streamers are lightweight, easily dispersed, and often end up as litter on beaches, parks,
and waterways. These materials break down into microplastics that persist for years, harm marine
life, and are nearly impossible to remove.
Public beaches, marinas, and marine facilities are especially vulnerable to this pollution, which
threatens sensitive species like nesting sea turtles and shorebirds. Non-plastic alternatives, such
as reusable décor, natural fibers, and compostable materials, are readily available.
The Proposed Ordinance would amend Article III of Chapter 82 to prohibit the use or possession
of plastic-related decorative materials in outdoor public spaces. This proposal builds on Ordinance
No. 2024-4590, which banned balloons in similar areas, and aligns with Florida Statute 403.161
prohibiting pollution harmful to people, wildlife, and property.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
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(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 Alex Fernandez
Co-sponsor(s)
Commissioner David Suarez
Condensed Title
10:46 a.m. 1st Rdg PH, Prohibit Plastic or Metallized Decorations at Marinas/Parks. (AF/DS) CA
Previous Action (For City Clerk Use Only)
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