BIE - Concurrency and Mobility Fee Waiver Requirements (9/24/2025)TO:Mayor Steven Meiner and Members of the City Commission
FROM:Eric Carpenter, City Manager
MEETING DATE:October 29, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
CONCURRENCY AND MOBILITY FEE WAIVER PROVISION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 3 OF THE MIAMI BEACH
PROVIDE WAIVER PROVISION OF APPLICABLE CO
A WAIVER PROVISION OF APPLICABLE MOBILITY FEES; AND PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; 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;
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Business Impact Estimate
Page 2
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.
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, provided at First Reading and attached hereto.
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;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 P
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 10:35 a.m. First Reading Public Hearing
TITLE: CONCURRENCY AND MOBILITY FEES – WAIVER PROVISION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 3 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
“CONCURRENCY MANAGEMENT AND MOBILITY FEES,” BY AMENDING
ARTICLE II, ENTITLED “CONCURRENCY,” BY CREATING SECTION 3.2.3,
ENTITLED “IMPOSITION AND COLLECTION OF CONCURRENCY MITIGATION
FEES,” TO ESTABLISH A PROCESS AND CRITERIA FOR THE CITY
COMMISSION TO CONSIDER A PROVISIONS FOR THE WAIVER OF
APPLICABLE CONCURRENCY MITIGATION FEES AND TO PROVIDE AN
OPTION FOR AN INSTALLMENT PLAN FOR THE PAYMENT OF APPLICABLE
CONCURRENCY MITIGATION FEES; BY AMENDING ARTICLE III, ENTITLED
“MOBILITY FEES,” BY AMENDING SECTION 3.3.3, ENTITLED “IMPOSITION AND
COLLECTION OF MOBILITY FEES,” TO ESTABLISH A PROCESS AND CRITERIA
FOR THE CITY COMMISSION TO CONSIDER A PROVISIONS FOR THE
WAIVER OF APPLICABLE MOBILITY FEES AND TO PROVIDE AN OPTION FOR
AN INSTALLMENT PLAN FOR THE PAYMENT OF APPLICABLE MOBILITY FEES;
AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for October
29, 2025.
BACKGROUND/HISTORY
On June 25, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred
the proposed ordinance directly to the Planning Board (C4 E).
ANALYSIS
The Land Development Regulations of the City Code (LDRs) require the payment of concurrency
mitigation fees and mobility fees as it relates to increases in development intensity. These fees
are assessed to offset impacts to the City’s transportation system and ensure that adequate
infrastructure is available to support new or intensified uses.
The proposed ordinance would waive concurrency and mobility fees for properties located within
the following areas:
1. 41st Street (Indian Creek to Alton Road).
2. Lincoln Road (Collins Avenue to Alton Road).
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3. Washington Avenue (5th Street to 17th Street).
4. 71st Street and Normandy Drive (CD-2 zoned properties).
The waiver provision is intended to support economic revitalization in targeted commercial areas
by reducing upfront costs, encouraging occupancy, and reducing commercial vacancies.
The rationale for this waiver provision is well intended and limiting the timeframe to one year
should help address any negative financial implications. Notwithstanding, the Administration
recommends that the City Commission, between First and Second Reading, consider limits on
the extent of new construction that would be eligible for this waiver. In this regard, controlling the
amount of new square footage that would be eligible for a waiver would limit the potential loss in
mobility fees for threshold projects that would likely have the most significant impact on our
transportation and roadway networks.
The Administration would also urge caution regarding any future extension of the proposed waiver
provision beyond one year, or expansion of applicable areas beyond those proposed in the
attached ordinance. To this end, a more significant impact on revenue generated for
transportation and mobility projects could occur if the proposed waiver is not properly constrained.
PLANNING BOARD REVIEW
On September 9, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board
also recommended that the City Commission study additional areas of the City for a potential
waiver of concurrency and mobility fees.
FISCAL IMPACT STATEMENT
Over the past five years, approximately 335 applications were assessed a mobility fee for new
development or changes in use within an existing building. Although limited to one year, the
proposed waiver provision would apply to several, significant commercial areas of the City and
will likely have an impact on revenue generated to address transportation and mobility issues.
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
Not Applicable
CONCLUSION
The Administration recommends that the subject ordinance be approved at First Reading and a
Second Reading public hearing be scheduled for October 29, 2025.
Applicable Area
Citywide
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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?
Yes 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
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
10:35 a.m. 1st Rdg PH, Concurrency & Mobility Fee-Waiver Provision. (Fernandez) PL 5/7
Previous Action (For City Clerk Use Only)
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