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HomeMy WebLinkAboutOrdinance 2026-4799ORDINANCE NO. 2026-4799 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 2024-4682 TO EXTEND THE SUNSET DATE OF THE DISCOUNTED FEES FOR TIMELY FILED RECERTIFICATION REPORTS AND ASSOCIATED BUILDING PERMIT FEES FROM DECEMBER 31, 2025 TO DECEMBER 31, 2026; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, section 553.80, Florida Statutes, requires that building permit fees be consistently applied; and WHEREAS, building permit fees for residential single-family residences are currently calculated at 1.7 percent of the construction costs and for commercial properties, which include condominiums and cooperatives, are calculated at 1.9 percent of construction costs; and WHEREAS, the recently enacted "milestone" inspection of a building's structural integrity as set forth in section 553.899, Florida Statutes, includes inspection of the load -bearing walls and other structural elements designed to provide support and stability for the overall structure; and WHEREAS, existing buildings are required to be recertified as structurally and electrically safe for continued use and occupancy as required by section 8-11 of the Miami -Dade County Code; and WHEREAS, many condominium and cooperative associations were not prepared for milestone inspections and recertification expenditures, including permit fees, which were previously required for buildings or structures that have been in existence for forty years and subsequent reinspection at ten-year intervals; and WHEREAS, in response, the City Commission adopted Ordinance No. 2024-4682 to provide a 50% discount on the recertification filing fee for timely submissions and reduced building permit fees for work associated with recertification; and WHEREAS, despite these efforts, many condominium and cooperative associations continue to face financial and logistical challenges in complying with recertification requirements, including limited reserves, difficulty securing qualified professionals, and the cumulative burden of repair costs; and WHEREAS, extending the sunset date of the incentives established in Ordinance No. 2024-4682 by one additional year will provide continued relief and encourage timely compliance with recertification mandates, thereby promoting public safety and structural accountability. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SF(`TICIIU 1 The provisions of Ordinance No. 2024-4682 shall remain in full force and effect, except that the sunset date referenced in Section 5 of said ordinance is hereby amended to read: "The provisions of this Ordinance shall take effect ten days following adoption and shall automatically sunset and shall be repealed on December 31, 2026 unless extended by Commission action." SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this S day of Ff6rU0 2026. ATTEST: FEB 0 9 2026 Steven Meiner, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner David Suarez) M[ORP ORATED:' cH 26�-1� APPROVED O FORM& LANGUAGE & FOR EXECUTION � 2IZt�Z,r City Attorney ;M Date Ordinances - R5 L MIAMI BEACH COMMISSION MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM City Attorney Ricardo J. Dopico DATE February 5, 2026 10:10 a m Second Reading Public Hearing TITLE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO 2024-4682 TO EXTEND THE SUNSET DATE OF THE DISCOUNTED FEES FOR TIMELY FILED RECERTIFICATION REPORTS AND ASSOCIATED BUILDING PERMIT FEES FROM DECEMBER 31, 2025 TO DECEMBER 31, 2026: AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The sponsor of the attached ordinance, Commissioner David Suarez, presents it for consideration on first reading. Section 553.80, Florida Statutes, requires that building permit fees be consistently applied. Building permit fees for residential single-family residences are currently calculated at 1.7 percent of the construction costs and for commercial properties, which include condominiums and cooperatives, are calculated at 1.9 percent of construction costs. The recently enacted "milestone" inspection of a building's structural integrity as set forth in section 553.899, Florida Statutes, includes inspection of the load -bearing walls and other structural elements designed to provide support and stability for the overall structure. Existing buildings are required to be recertified as structurally and electrically safe for continued use and occupancy as required by section 8-11 of the Miami -Dade County Code Many condominium and cooperative associations were not prepared for milestone inspections and recertification expenditures, including permit fees, which were previously required for buildings or structures that have been in existence for forty years and subsequent reinspection at ten-year intervals. In response, the City Commission adopted Ordinance No 2024-4682 to provide a 50% discount on the recertification filing fee for timely submissions and reduced building permit fees for work associated with recertification. Despite these efforts, many condominium and cooperative associations continue to face financial and logistical challenges in complying with recertification requirements, including limited reserves, 961 of 2180 difficulty securing qualified professionals, and the cumulative burden of repair costs. If adopted, extending the sunset date of the incentives established in Ordinance No. 2024-4682 by one additional year will provide continued relief and encourage timely compliance with recertification mandates, thereby promoting public safety and structural accountability. FISCAL IMPACT STATEMENT The Budding Department will provide an estimate of the economic impact of the proposed ordinance Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 1/13/2026 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? No Is this item related to a G.O. Bond Project? Ie 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 David Suarez Co-sponsors) 962 of 2180 Condensed Title 10:10 a.m. 2nd Rdg, Extend Sunset Date of Discounted Building Permit Fees. (Suarez) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 12/17/2025 - R5 AD 963 of 2180