Ordinance 2025-4767 ORDINANCE NO. 2025-4767
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 VII, ENTITLED "CONSUMER PROTECTION OF OWNERS OF
RESIDENTIAL REAL PROPERTY," BY AMENDING SECTION 58-600,
ENTITLED "DEFINITIONS," SECTION 58-602, ENTITLED "NOTICE TO
ASSOCIATIONS," AND SECTION 58-611, "CIVIL PENALTIES FOR
VIOLATIONS OF SECTION 58-602," TO REQUIRE A PROSPECTIVE
BULK OWNER OF RESIDENTIAL CONDOMINIUM UNITS TO PROVIDE
NOTICE TO RESIDENTIAL UNIT OWNERS OF ANY PRESENT OR
PENDING APPLICATION, OR OTHER REQUEST, TO AMEND THE
COMPREHENSIVE PLAN OR LAND DEVELOPMENT REGULATIONS
IN CONNECTION WITH A PROPOSED REDEVELOPMENT OF THE
CONDOMINIUM PROPERTY; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the condominium form of ownership is popular throughout the City of Miami
Beach, including in its historic districts; and
WHEREAS, in response to rising property values and recent changes to the Florida
Condominium Act, Ch. 718, Fla. Stat., and other relevant state statutes, attempts to terminate
condominiums are on the rise in the City of Miami Beach; and
WHEREAS, it is in the public interest to ensure transparency in the condominium
termination buyout process and to apprise unit owners of present or pending applications or other
requests to amend the Comprehensive Plan or Land Development Regulations in connection with
a proposed redevelopment of a condominium property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. 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 VII. CONSUMER PROTECTION OF
OWNERS OF RESIDENTIAL REAL PROPERTY
Sec. 58-600. Definitions.
(a) "Acquire" or "Acquisition" means gaining any right, benefit, or consideration through any
contract, option, or agreement with an owner of real property, regardless of whether a sale,
conveyance, or transfer of all or any portion of an ownership interest in real property has been
consummated.
(b) "Association" shall have the meaning set forth in s. 718.103, Fla. Stat.
(c) "Bulk owner" shall have the meaning set forth in s. 718.117, Fla. Stat.
(d) "ContacY' means to initiate any written or verbal communication via any physical or electronic
medium, including but not limited to telephone calls, electronic mail, letters or leaflets, and in-
person visits.
(e) "Condominium property" shall have the meaning set forth in s. 718.103, Fla. Stat.
(f) "Developer" means the person or entity, and any affiliates, agents, employees, and attorneys
of the person or entity, initiating or attempting to initiate contact with a unit owner.
(g) "Property manager" means the person or entity responsible for the supervision, maintenance,
and/or operation of condominium property.
(h) "Prospective bulk owner" means a person or entity which has acquired twenty (20) percent or
more of the total ownership interests of condominium property, regardless of whether the person
or entity is seeking to acquire the rights and interests of a bulk owner; and any successor in
interest or assignee of such person or entity.
(i) "Solicit" or"Solicitation" means to request, encourage, persuade, or convince a unit owner:
(1) to enter into a contract, option, or agreement to sell, convey, or transfer all or any portion
of their ownership interest to the developer; or
(2) to modify the terms of a contract, option, or agreement, if a unit owner has previously
entered into a contract, option, or agreement to sell, convey, or transfer all or any portion
of their ownership interest to the developer.
(j) "ThreaY' or"Threaten" means any statement that:
(1) explicitly or implicitly threatens a forced sale of the property of any property owner;
(2) cajoles, pressures, forces, harasses, or otherwise coerces a property owner to enter into
a contract, option, or agreement to sell, convey, or transfer property to the developer; or
(3) cajoles, pressures, forces, harasses, or otherwise coerces a property owner to modify the
terms of an existing contract, option, or agreement to sell, convey, or transfer property to
the developer.
(k) "Unit owner" or"Owner of a uniY' shall have the meaning set forth in s. 718.103, Fla. Stat.
* * *
Sec. 58-602. Requiring notice to condominium associations by prospective bulk owners.
(a) Within thirty (30) calendar days after a prospective bulk owner acquires twenty (20) percent
or more of the ownership interests of condominium property, or succeeds in or receives an
assignment of the interests of a prospective bulk owner, the prospective bulk owner shall deliver
a notice by mail to the following recipients:
(1) The secretary or equivalent officer of the condominium association.
(2) The property manager.
(3) Each unit owner in the condominium.
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(4) The city manager.
(b) The notice shall contain the following information:
(1) The name, principal address, business phone number, and email address of the
prospective bulk owner. If the prospective bulk owner is an entity, the notice shall also
include the name, principal address, business phone number, and email address of the
registered agent. If the prospective bulk owner is an entity formed and existing outside the
state of Florida, the notice shall also inciude the prospective bulk owner's Florida business
address or, if applicable, local business address.
(2) The name and street address(es) of the condominium.
(3) The total number of units which the prospective bulk owner has acquired as of the date of
the notice.
(4) The following statement:
"The party named in this notice has acquired at least twenty(20) percent
of the ownership interests in this condominium."
(5) , ' If the prospective bulk owner intends to approve and file a plan of
termination of condominium, the notice shall also include the following statement:
"The party named in this notice has begun acquiring ownership interests
in this condominium with the intent to approve and file a plan of
termination with the Division of Florida Condominiums, Timeshares, and
Mobile Homes."
(6) If the prospective bulk owner has filed a present or pendinq application, or other request,
to amend the comprehensive plan or land development requlations in connection with a
proposed redeveloqment of the condominium property, the notice shall also include the
followinq statement:
"The partv named in this notice has filed a planninq and zoninq application
to amend the City of Miami Beach's Comprehensive Plan and/or Land
Development Requlations in connection with a proposed redevelopment of
this condominium propertv. A copv of the application mav be obtained from
the Citv of Miami Beach bv contactinq the Planninq Department at 305-
673-7550 or planninqinfo(a�miamibeachfl.qov."
(c) The prospective bulk owner shall deliver an updated version of the notice to all recipients
required under this section within five (5) business days following a change to any information
contained in the notice.
(d) Any notice required under this section shall be plainly visible and written in a font size of no
less than 14 points, and all information thereupon shall be clear and legible.
(e) Upon receipt of a notice, the association or property manager shall conspicuously publish,
post, or distribute the notice in a common area or otherwise in the manner by which notices are
customarily provided to the members of the association.
(f) Effective date. The provisions of this section shall apply to any prospective bulk owner that
acquires twenty (20) percent or more of the ownership interests of condominium property on or
after July 1, 2025.
(g) Applicability. This section shall apply to condominium property with a minimum of twelve (12)
condominium units.
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* * *
Sec. 58-611. Civil penalties for violations of Section 58-602.
(a) The code compliance department shall enforce section 58-602; however, this shall not
preclude other law enforcement agencies from taking any action to assure compliance with
section 58-602 and all applicable laws.
(1) If a violation is observed, the enforcement officer shall be authorized to issue a notice of
violation to the individual or entity. The notice will 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, that the violation may be appealed by requesting an administrative
hearing before a special magistrate within ten days after service of the notice of violation,
and that the failure to appeal the violation within ten days of service shall constitute an
admission of the violation and a waiver of the right to a hearing.
(2) A violation of section 58-602 shall be subject to the following fines:
a. Penalties.
i. If the violation is the first offense, a person or business shall receive a civil
fine of$500.00;
ii. If the violation is the second violation within the preceding six months, a
person or business shall receive a civil fine of$1,000.00;
iii. If the violation is the third violation within the preceding six months, a person
or business shall receive a civil fine of$2,000.00; and
iv. If the violation is the fourth or subsequent violation within the preceding six
months, a person or business shall receive a civil fine of$5,000.00.
v. For a failure by a condominium association or property manager to publish,
post, or distribute a notice as required under section 58-602, a first offense
shall be subject to a written warning. A second or subsequent offense by a
condominium association or property manager shall be subject to the
penalties set forth in (i) through (iv).
b. Each condominium association, property manager, and unit owner who does not
receive a written notice required under section 58-602 shall be considered a
separate and distinct offense subject to applicable penalties.
(3) A violator who has been served with a notice of violation must elect to either:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special magistrate to appeal the notice
of violation, which must be requested within ten days of the service of the notice of
violation.
(4) The procedures for appeal by administrative hearing of the notice of violation shall be
as set forth in sections 30-72 and 30-73 of this Code. A request for the administrative
hearing must be accompanied by a fee as approved by a resolution of the city
commission, which shall be refunded if the named violator prevails in the appeal.
(5) 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 magistrate, the
special magistrate may be informed of such failure by the code enforcement officer. The
failure of the named violator to appeal the decision of the code enforcement officer within
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the prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special magistrate, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed accordingly.
(6) 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 levy against the violator's real or personal property, but shall not be
deemed to be a court judgment except for enforcement purposes. On or after the 61 st
day following the recording of any such lien that remains unpaid, the city may foreclose
or otherwise execute upon the lien.
(7) Any party aggrieved by a decision of a special magistrate may appeal that decision to a
court of competent jurisdiction.
(8) The special magistrate shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if the
violator has failed to request an administrative hearing within ten days of the service of
the notice of violation.
(9) The special magistrate shall not have discretion to alter the penalties prescribed in this
section.
SECTION 2. REFERENCES TO FLORIDA STATUTES.
All references to any section, chapter, or provision of the Florida Statutes in this
Ordinance are made as that section, chapter, or provision may be amended from time to time.
SECTION 3. 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 this 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 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the �� day of S�, o,�j.
PASSED and ADOPTED this 3 day of s{ �►►16tr 025.
ATTEST:
/' ��� `� � �,��� Steven Meiner, Mayor
Rafael E. Granado, City Clerk
1`� 1jt1'��1
(Sponsored by Commissioner Alex J. Fernandez) •-�p?:�'•�••••�.c�-,,�
:;�s���� ti,,
;
Underline denotes new additions . �� .� �
�.INCOR°�RATED'
denotes deletions �-�,�. � J^'
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APPROVED AS TO
FORM AN LANGUAGE
& FO EC ION
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City Attor ��, Date
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Ordinances - R5 E
�il IAI�/1I BEA� H
COMMISSION MEMORANDUM
TO: Honorabie Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 3, 2025 9:40 a.m. Second Reading Public Hearing
TITLE: 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 VII, ENTITLED
"CONSUMER PROTECTION OF OWNERS OF RESIDENTIAL REAL PROPERTY,"
BY AMENDING SECTION 58-600, ENTITLED "DEFINITIONS," SECTION 58-602,
ENTITLED "NOTICE TQ ASSOCIATIONS," AND SECTION 58-611, "CIVIL
PENALTIES FOR VIOLATIONS OF SECTION 58-602," TO REQUIRE A
PROSPECTIVE BULK OWNER OF RESIDENTIAL CONDOMINIUM UNITS TO
PROVIDE NOTICE TO RESIDENTIAL UNIT OWNERS OF ANY PRESENT OR
PENDING APPLICATION, OR OTHER REQUEST, TO AMEND THE
COMPREHENSIVE PLAN OR LAND DEVELOPMENT REGULATIONS IN
CONNECTtON WITH A PROPOSED REDEVELOPMENT OF THE CONDOMINIUM
PROPERTY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
The attached Ordinance is presented by the sponsor, Commissioner Alex J. Fernandez, for
consideration by the Mayor and City Commission at First Reading.
Condominiums are a popular form of rPsidential real property ownership in the City of Miami
Beach and are featured among the City's most cherished historic buildings within both local and
National Register districts.
Rising property values and recent changes to the Florida Condominium Act, chapter 718, F.S.,
and other relevant state statutes have contributed to increased attempts to terminate older
condominiums in the City of Miami Beach.
Section 718.117, F.S., provides the methods by which condominiums may be terminated. Section
718.117(3)(c), F.S., sets forth the procedures, rights, and obligations of parties with respect to an
optional termination of condominium initiated by an owner, together with its affiliates, who holds
at least 80 percent of the voting interests in the condominium (a "bulk owner").
The City of Miami Beach Office of the Inspector General ("OIG") has identified that condominium
residents may not be aware of efforts by developers to acquire controlling interests in
condominium property and gain bulk owner status (defined in the attached Ordinance as
"prospective bulk owners") until it is too late to meaningfully express their opinions, raise
objections, or explore alternative living arrangements. The OIG further found that this lack of
transparency can be especially harmful to elderly and middle- and fixed-income condominium
owners.
864 of 1750
On June 25, 2025, the City Commission adopted an Ordinance requiring prospective bulk owners
of residential condominium units to provide notice of their acquisition of interests in condominium
property to each unit owner on the property; the board of the condominium association; the
property manager (if applicable); and the City Manager.
ANALYSIS
The attached Ordinance amends Chapter 58, Article VII of the City Code, entitled "Consumer
Protection of Owners of Residential Real Property," to amend the existing notice requirement
applicable to prospective bulk owners. Specifically, the Ordinance requires additional notice if a
prospective bulk owner has filed an application or other request to amend the Comprehensive
Plan and/or Land Development Regulations in connection with a proposed redevelopment of the
subject condominium property.�'� The sponsor's intent is to promote transparency, protect
condominium unit owners' interests, and promote owners' early inclusion and participation in
negotiations.
Consistent with the regulations on prospective bulk owners that were recently adopted by the City
Commission, the attached Ordinance (i)would apply once a prospective bulk owner has acquired,
or is under contract to purchase, 20% or more of the tota�ownership interests in the condominium;
and (ii) would apply to condominium property with a minimum of 12 condominium units.
A prospective bulk owner would be required to update and redistribute the notice within five (5)
business days of any changes to the information contained in the notice. Additionally, the
condominium association and/or property manager would be required to conspicuously publish
the notice on the condominium property.
�'�A requirement that prospective bulk buyers provide notice of pending applications to amend the
Comprehensive Plan and/or Land Development Regulations is not in conflict with or expressly
preempted by the Florida Condominium Act or the Florida Deceptive and Unfair Trade Practices
Act.
FISCAL IMPACT STATEMENT
The City will use existing resources to enforce this Ordinance.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY�
If applicable, the Business Impact Estimate (BIE) was published on: 8/19/2025
See BIE at: https://www.miamibeachfl.qov/citv-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
865 of 1750
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv requested bv a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s1
Condensed Title
9:40 a.m. 2nd Rdg, Amend Notice Requirement for Prospective Bulk Condo Owners. (AF)
Previous Action (For CitY Clerk Use Only)
First Reading Public Hearing on 7/23/2025 - R5 V
866 of 1750