BIE - Vendor Appointments to LUB (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
VENDOR APPOINTMENTS TO LAND USE BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
APPOINTMENT OF A CITY VENDOR, INCLUDING A PRINCIPAL OR EMPLOYEE OF A
VENDOR, TO A CITY LAND USE BOARD; AND PROVIDING FOR REPEALER,
CODIFICATION, 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;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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Business Impact Estimate
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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 J
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 3, 2025 10:10 a.m. First Reading Public Hearing
TITLE: VENDOR APPOINTMENTS TO LAND USE BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” BY AMENDING ARTICLE I, ENTITLED “LAND USE BOARDS,”
BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” AT SECTION 2.1.1.3
THEREOF, ENTITLED “TERMS OF OFFICE,” TO RENAME THE SECTION AS
“APPOINTMENT AND TERMS OF OFFICE,” AND TO ADOPT RESTRICTIONS ON
THE APPOINTMENT OF A CITY VENDOR, INCLUDING A PRINCIPAL OR
EMPLOYEE OF A VENDOR, TO A CITY LAND USE BOARD; AND PROVIDING
FOR REPEALER, CODIFICATION, 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 February 26, 2025, at the request of Commissioner David Suarez, the City Commission
referred the subject ordinance to the Planning Board (R5 U).
ANALYSIS
The subject ordinance amends the “Terms of Office” requirements for the City’s land use boards
(LUBs) under Section 2.1.1.3 of the Land Development Regulations of the city Code (LDRs).
Beginning with terms after September 1, 2025, individuals who are vendors to the city, or
principals or employees of such vendors, cannot be appointed to a City LUB during the term of
the vendor contract and for one year after its termination. Additionally, LUB applicants must certify
the following in writing:
1. They have not been a vendor or associated with one in the past year; and
2. If they (or their entity) became a vendor during their board term, their contract will
automatically trigger resignation from the board.
The subject ordinance provides the City Commission with the ability to waive this rule by a 5/7ths
vote. For purposes of this proposal, “vendor” is defined as anyone doing business directly with
the City or receiving City funds, excluding those whose total business or grant dealings with the
City are $10,000 or less per fiscal year and do not require City Commission approval.
PLANNING BOARD REVIEW
On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board
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also recommended that the proposed ordinance include a distinction for land use board members
serving in a non-compensated, voluntary capacity for a non-profit entity.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive basis, and not on behalf of a private
applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the
City Code, amendments to the City Code require the payment of the applicable fees in section
2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths
(5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practices in urban planning, or based on
circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission determine that the proposed
amendment is necessary based on circumstances unique to the proposed amendment and waive
the applicable fees.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
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 the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second
Reading public hearing for October 29, 2025.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
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?
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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 David Suarez
Co-sponsor(s)
Condensed Title
10:10 a.m. 1st Rdg PH, Vendor Appointments to Land Use Boards. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
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