BIE - Private Paid Parking Lot Signage (10/10/2025)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: October 29, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED “TRAFFIC AND
VEHICLES,” BY AMENDING ARTICLE III, ENTITLED “OFF-STREET PARKING LOTS AND
FACILITIES,” BY AMENDING SECTION 106-118, ENTITLED “PRIVATE PROPERTY USED
FOR MOTOR VEHICLE PARKING; SIGNAGE REQUIRED; PENALTIES,” BY AMENDING,
SUPPLEMENTING, AND ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO
OWNERS AND OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN
TO THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; 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.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;
d.Section 553.73, Florida Statutes, relating to the Florida Building Code; or
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Business Impact Estimate
Page 2
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. 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. The Commission Memorandum and Ordinance are attached hereto.
2. a. The City of Miami Beach estimates that the proposed Ordinance will have the
following economic impact on private, for-profit businesses in the City of Miami Beach:
The Ordinance requires private properties that are open to the public for paid motor
vehicle parking to post signs and stickers (which shall be provided, at merely its
administrative cost of production, by the City of Miami Beach) in specific locations, with
such signs and stickers clearly and unequivocally identifying that the lots are privately
owned/operated and are not City/municipal lots. Therefore, the Ordinance will have only
a minimal direct economic impact on private, for-profit businesses in the City of Miami
Beach.
b. The proposed Ordinance will have a very minimal direct compliance cost in requiring
the businesses to purchase the materials and place the provided sign(s) and stickers in
the appropriate locations;
c. The proposed Ordinance will not impose any new charge or fee for which businesses
will be financially responsible; and
d. The City of Miami Beach will not generate any revenue from new charges or fees,
and, the City intends to monitor and seek compliance with the Ordinance by utilizing its
existing staff.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
There are approximately 25 businesses in the City that will be impacted by the Ordinance.
4. Additional comments: None.
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Ordinances - R5 T
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:September 17, 2025 10:55 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE,
ENTITLED “TRAFFIC AND VEHICLES,” BY AMENDING ARTICLE III, ENTITLED
“OFF-STREET PARKING LOTS AND FACILITIES,” BY AMENDING SECTION 106-
118, ENTITLED “PRIVATE PROPERTY USED FOR MOTOR VEHICLE PARKING;
SIGNAGE REQUIRED; PENALTIES,” BY AMENDING, SUPPLEMENTING, AND
ENHANCING THE SIGNAGE REQUIREMENTS APPLICABLE TO OWNERS AND
OPERATORS OF PRIVATE PROPERTY WHEN SUCH PROPERTY IS OPEN TO
THE PUBLIC FOR PAID MOTOR VEHICLE PARKING; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Commissioner Alex Fernandez, is submitted for
consideration by the Mayor and City Commission.
Despite originally enacting section 106-118 of the City Code in December 2024, the City
Administration, along with the Mayor and City Commission, have continued to receive complaints
from members of the public concerning private parking lots that may appear to be, or be
reasonably mistaken for, public or City-owned property.
Consequently, members of the public who park in private lots or facilities without clear knowledge
that they are on private property are subject to towing and/or heavy penalties, which can be a
major inconvenience, an unexpected expense, and a distressing experience. Moreover, the
potential for such confusion is especially burdensome for parents with strollers or young children
and for people with disabilities, for whom the towing of a vehicle poses heightened practical and
personal hardship.
Accordingly, the proposed Ordinance aims to further ensure that private properties open to the
public for paid motor vehicle parking are clearly and unequivocally identified as such through the
prominent posting of additional signage in order to avoid any uncertainty or confusion. In an
attempt to do so, the proposed Ordinance would impose the following requirements upon owners
and operators of private properties open to the public for paid motor vehicle parking: the
installation on the private property, at typical driver eye-level, “Private Property” signage at each
driveway access or curb cut allowing vehicular access to the property; the affixing of stickers,
which clearly identify the lot or facility as private property, to the front of every sign displaying any
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payment information and to the front of every pay-on-foot meter located within the private
property; and requiring the owner or operator to install at the head of every parking space
designated for use by a disabled person, at typical driver eye-level, a sign which clearly, legibly,
and prominently states the following: PRIVATE PROPERTY – PAYMENT REQUIRED – TOW
AWAY ZONE – DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT.
FISCAL IMPACT STATEMENT
The sponsor of this item requests that the Administration be prepared to address the fiscal impact
of this proposed measure, if any, at the City Commission meeting.
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
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)
Condensed Title
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10:55 a.m. 1st Rdg PH, Private Paid Parking Lot Signage. (Fernandez) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO.
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE III.OFF-STREET PARKING LOTS AND FACILITIES
Sec.106-118.Private property used for motor vehicle parking;signage required;penalties.
(a)Every owner or operator of a private property that is open to the public for paid motor vehicle
parking shall place signage,including stickers,to be provided by the City,stating that the
property is private property and is not a public parking facility operated by a governmental
WHEREAS,the purpose of this ordinance is to further ensure that private properties open
to the public for paid motor vehicle parking are clearly and unequivocally identified as such
through the prominent posting of additional signage in order to avoid any uncertainty or confusion.
WHEREAS,members of the public who park in such private lots or facilities without clear
knowledge that they are on private property are subject to towing and/or heavy penalties,which
can be a major inconvenience,an unexpected expense,and a distressing experience;and
WHEREAS,the potential for such confusion is especially burdensome for parents with
strollers or young children and for people with disabilities,for whom the towing of a vehicle poses
heightened practical and personal hardship;and
WHEREAS,the City Administration,along with the Mayor and City Commission,have
continued to receive complaints from members of the public concerning private parking lots that
may appear to be,or be reasonably mistaken for,public or City-owned property;and
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 106-118 of Article III of Chapter 106 of the Miami Beach City Code is
hereby amended as follows:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 106 OF THE CITY CODE,
ENTITLED “TRAFFIC AND VEHICLES,”HY AMENDING ARTICLE III,
ENTITLED “OFF-STREET PARKING LOTS AND FACILITIES,”BY AMENDING
SECTION 106-118,ENTITLED “PRIVATE PROPERTY USED FOR MOTOR
VEHICLE PARKING;SIGNAGE REQUIRED;PENALTIES,”BY AMENDING,
SUPPLEMENTING,AND ENHANCING THE SIGNAGE REQUIREMENTS
APPLICABLE TO OWNERS AND OPERATORS OF PRIVATE PROPERTY
WHEN SUCH PROPERTY IS OPEN TO THE PUBLIC FOR PAID MOTOR
VEHICLE PARKING;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
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***
SECTION 2.REPEALER.
SECTION 3.SEVERABILITY.
2
If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
(b)The signage and stickers required by subsections (a)(1)and (a)(2)herein,which shall be in
a form approved by the Mayor and City Commission pursuant to duly enacted resolution,
shall be in addition to any signs or notices required pursuant to Fla.Stat.§715.07,Fla.Stat.
§715.075,County Code section 30-474,or any other provision of law.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
entity.Such signage and stickers shall be installed entirely on private property as set forth
in subsections (a)(1)and (a)(2)herein.
(1 )A sign structure with the required signage shall be prominently placed and permanently
installed at each driveway access or curb cut allowing vehicular access to the property
within 5 feet from the public right-of-way line,with the bottom of each sign not less
than 4 feet above ground--level-and tl top of each sign not more than W feet above
ground level installed at typical driver eye level (approximately four feet above ground
level).
(d)Any owner or operatorthat fails to comply with the reguirements of this section shall be cited
by the City's code compliance department and fined $1 00.00 per day for a first violation and
$250.00 per day for each subseguent violation.
(2)A sticker,clearly identifying the lot or facility as private property,shall be prominently
affixed to the front of every sign displaying any payment information and to the front of
every pay-on-foot meter located within the private property.
(c)Any owner or operator that fails to comply with the requirements of this section shall be cited
by the City's code compliance department end-fined-$100.00 per day for a first violation and
$250.00 per day for each subseguent violation.At the head of every parking space
designated for use by a disabled person,as commonly marked with blue striping and/or
signage,the owner or operator of a private property that is open to the public for paid motor
vehicle parking shall install a sign,at typical driver eye level,which clearly,legibly,and
prominently states the following:PRIVATE PROPERTY -PAYMENT REQUIRED -TOW
AWAY ZONE -DISABLED PERMITS NOT ACCEPTED IN LIEU OF PAYMENT.This sign
shall be in addition to any signs or notices required pursuant to Fla.Stat.§553.5041(6)or
any other provision of law.
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SECTION 4.CODIFICATION.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the day of .,2025.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Alex J.Fernandez)
3
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 a part of the
Code of the City of Miami Beach,Florida.The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
Dote
Underline denotes additions.
Strikethrough denotes deletions.
CityWorney
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