BIE - Good Standing Requirements for Zoning Amendments (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
GOOD STANDING REQUIREMENTS FOR ZONING AMENDMENTS
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 1 OF THE MIAMI BEACH
RESILIENCY CODE
AMENDING CHAPTER 2 OF THE MIAMI
ART
FINES, FEES, OR OTHER OPEN BILLS, FOR APPLICATIONS TO AMEND THE LAND
DEVELOPMENT REGULATIONS OR THE COMPREHENSIVE PLAN; 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;
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
Business Impact Estimate
Page 2
b. Development orders, development permits, and development agreements;
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:
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
Ordinances - R5 O
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 17, 2025 10:30 a.m. First Reading Public Hearing
TITLE: GOOD STANDING REQUIREMENTS FOR ZONING AMENDMENTS
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 1 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
“GENERAL PROVISIONS,” ARTICLE II, ENTITLED “DEFINITIONS,” SECTION
1.2.1, ENTITLED “GENERAL DEFINITIONS,” BY ADDING A DEFINITION FOR
“HABITUAL OFFENDER;” BY AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE IV, ENTITLED “AMENDMENTS TO COMPREHENSIVE
PLAN AND TO THE TEXT OF THE LAND DEVELOPMENT REGULATIONS,” BY
AMENDING SECTION 2.4.1, ENTITLED “GENERALLY,” TO ESTABLISH
PROCEDURES TO ADDRESS OUTSTANDING VIOLATIONS, FINES, FEES, OR
OTHER OPEN BILLS, FOR APPLICATIONS TO AMEND THE LAND
DEVELOPMENT REGULATIONS OR THE COMPREHENSIVE PLAN; 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 February 3, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion item pertaining to requirements for applicants seeking zoning incentives to
be in good standing with the City (C4 Y) to the Land Use and Sustainability Committee (LUSC).
On April 15, 2025, the LUSC discussed and continued the item to the June 10, 2025, LUSC
meeting, with direction to staff to further develop the proposed draft amendments in accordance
with the following:
1. Create a definition for ‘habitual offender’.
2. Establish a minimum waiting period after all fines and violations have been resolved and
before a transmittal hearing can occur before the Planning Board.
3. Create options for a potential City Commission waiver of all or part of the waiting period,
subject the payment of a fine or the voluntary proffer of a public benefit.
On June 10, 2025, the LUSC discussed the proposal and recommended that the City Commission
refer an amendment to the Land Development Regulations of the City Code (LDRs) to the
Planning Board, in accordance with the recommendations in the LUSC memorandum, and
including the requirement for any waiver to be approved by a 5/7 vote.
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred
the ordinance to the Planning Board (C4 C).
ANALYSIS
Attached is an ordinance amending Chapters 1 and 2 of the LDRs. The following is a general
summary of the amendments:
Chapter 1 - General Definitions
The following definition for ‘habitual offender’ has been created:
Habitual offender is an individual or entity with a record of three (3) or more adjudicated
violations, within the preceding 3 years, of the City’s land development regulations, the City Code
(including, without limitation, Chapter 58), the Florida Building Code, and/or the Florida Life Safety
Code.
Chapter 2 - Administration and Review Procedures
For private applications to amend the LDRs or Comprehensive Plan, the property owner shall
certify the following, prior to consideration of the amendment by the Planning Board:
1. There shall be no open zoning, city code, building, or life safety violations at the subject
property.
2. There shall be no outstanding fines, fees, liens or other open bills due to the City.
The Administration is supportive of the attached ordinance, as it applies to all applications
uniformly and would be an added incentive to correct outstanding violations and past due fines in
an expedient manner. These requirements could also be included as a condition of eligibility as
part of future zoning incentive legislation, including legislation presently before the City
Commission, LUSC, or Planning Board.
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).
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
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for October 29, 2025.
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?
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)
Commissioner David Suarez
Condensed Title
10:30 a.m. 1st Rdg PH, Good Standing Requirements for Zoning Amendments.
(Fernandez/Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154
Docusign Envelope ID: D3067901-78DF-4CA3-A782-14CAECF92154