HomeMy WebLinkAboutBIE - Add Multifamily to Residential Waste Agreement (2/11/2026)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: February 25, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE III, ENTITLED
"COLLECTION AND DISPOSAL," BY AMENDING DIVISION 2, ENTITLED “COLLECTION,”
BY AMENDING SECTION 90-97 THEREOF, ENTITLED "GARBAGE COLLECTION
SERVICES," TO MODIFY THE THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY
RESIDENCE FOR PURPOSES OF DETERMINING WHETHER SOLID WASTE MUST BE
COLLECTED AND DISPOSED OF BY A SINGLE-FAMILY WASTE CONTRACTOR OR A
FRANCHISE WASTE CONTRACTOR; AND BY AMENDING ARTICLE IV, ENTITLED
“PRIVATE WASTE CONTRACTORS,” BY AMENDING DIVISION 4, ENTITLED “SPECIALTY
CONTRACTORS,” BY AMENDING SUBDIVISION II, ENTITLED “ROLLOFF/PORTABLE
WASTE CONTAINER CONTRACTORS,” BY AMENDING SECTION 90-278 THEREOF,
ENTITLED “FEES AND REQUIREMENTS; PENALTIES FOR NON-PAYMENT,” TO MODIFY
THE THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE APPLICABLE TO A
POTENTIAL EXEMPTION FROM OBTAINING A SITE-SPECIFIC CONSTRUCTION AND
DEMOLITION COLLECTION PERMIT AND THE PAYMENT OF CONSTRUCTION AND
DEMOLITION COLLECTION FEES UPON COMPLIANCE WITH CERTAIN CRITERIA FOR
CONSISTENCY WITH THE AMENDMENTS TO SECTION 90-97; 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;
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
Business Impact Estimate
Page 2
☐ 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
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. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
Ordinances - R5 S
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:February 5, 2026 10:50 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE III, ENTITLED "COLLECTION AND DISPOSAL," BY AMENDING
DIVISION 2, ENTITLED “COLLECTION,” BY AMENDING SECTION 90-97
THEREOF, ENTITLED "GARBAGE COLLECTION SERVICES," TO MODIFY THE
THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE FOR
PURPOSES OF DETERMINING WHETHER SOLID WASTE MUST BE
COLLECTED AND DISPOSED OF BY A SINGLE-FAMILY WASTE CONTRACTOR
OR A FRANCHISE WASTE CONTRACTOR; AND BY AMENDING ARTICLE IV,
ENTITLED “PRIVATE WASTE CONTRACTORS,” BY AMENDING DIVISION 4,
ENTITLED “SPECIALTY CONTRACTORS,” BY AMENDING SUBDIVISION II,
ENTITLED “ROLLOFF/PORTABLE WASTE CONTAINER CONTRACTORS,” BY
AMENDING SECTION 90-278 THEREOF, ENTITLED “FEES AND
REQUIREMENTS; PENALTIES FOR NON-PAYMENT,” TO MODIFY THE
THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE APPLICABLE
TO A POTENTIAL EXEMPTION FROM OBTAINING A SITE-SPECIFIC
CONSTRUCTION AND DEMOLITION COLLECTION PERMIT AND THE PAYMENT
OF CONSTRUCTION AND DEMOLITION COLLECTION FEES UPON
COMPLIANCE WITH CERTAIN CRITERIA FOR CONSISTENCY WITH THE
AMENDMENTS TO SECTION 90-97; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Alex J. Fernandez, has been submitted
for consideration by the Mayor and City Commission.
Presently, pursuant to Section 90-97 of the City Code, the City of Miami Beach (“City”) provides
solid waste collection services to single-family residences, and multifamily residences with a
maximum of 8 units, through a City-negotiated contract with a single-family waste hauler.
However, larger multifamily properties (with 9 units or more) are currently required to contract
independently with private, franchise waste haulers for solid waste collection and disposal
services without City oversight or involvement.
Under the City-negotiated waste collection agreement, the City maintains direct oversight and
enforcement authority over the waste contractor, enabling the City to assist in resolving
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
8
4
5
9
complaints and ensuring consistent service delivery. The proposed Ordinance would increase
the maximum number or mass threshold of multifamily buildings eligible for collection by the City’s
single-family waste hauler under Section 90-97 from 8 units to 16 units. This amendment will
benefit more residents and promote greater efficiency, fairness, and accountability in solid waste
services, while maintaining high environmental and service standards Citywide.
Multifamily residential buildings with seventeen (17) or more units, including large condominium
buildings, will continue to negotiate their own waste collection agreements as such larger
buildings are generally in a better position to negotiate favorable terms with franchise waste
haulers due to their size, administrative capacity, and bargaining power.
Also, pursuant to Section 90-278, there is currently an exemption from Construction and
Demolition permits and collection fees for small renovations or repairs involving less than 1,000
square feet for single family residences, multifamily buildings with up to 8 units where the
renovation or repair work and the work area are less than 1,000 square feet, and multifamily
buildings with 9 or more units where the work area is less than 1,000 square feet. The revisions
to Section 90-278, increasing the maximum number from 8 units to 16 units eligible for
Construction and Demolition exemptions, are being made to ensure consistency with the revised
classification of multifamily residential building sizes as set forth in Section 90-87 of the City Code.
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
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
8
4
5
9
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
10:50 a.m. 1st Rdg, Add Multifamily to Residential Waste Agreement. (Fernandez) CA
Previous Action (For City Clerk Use Only)
Deferred on 12/17/2025 - R5 V
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
ORDINANCE NO.
WHEREAS,under the City-negotiated waste collection agreement,the City maintains direct
oversight and enforcement authority over the waste contractor,enabling the City to assist in
resolving complaints and ensuring consistent service delivery;and
WHEREAS,multifamily buildings currently required to engage franchise waste haulers
must negotiate and manage their own private collection contracts,which may result in inconsistent
service quality,limited recourse,or unfavorable terms for residents;and
WHEREAS,larger multifamily properties (with 9 units or more)are currently required to
contract independently with private,franchise waste haulers for solid waste collection and disposal
services without City oversight or involvement;and
WHEREAS,multifamily residential buildings with seventeen (17)or more units,including
large condominium buildings,are generally in a better position to negotiate favorable terms with
franchise waste haulers due to their size,administrative capacity,and bargaining power;and
WHEREAS,expanding eligibility for multifamily buildings to receive solid waste collection
services from the City’s single-family waste hauler would allow more residents to benefit from the
consumer protections,and service quality standards and oversight provided by the City under its
contractual agreement;and
WHEREAS,pursuant to Section 90-97 of the City Code,the City of Miami Beach (“City")
presently provides solid waste collection services to single-family residences,and multifamily
residences with a maximum of 8 units,through a City-negotiated contract with a single-family waste
hauler;and
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 90 OF THE CODE OF THE
CITY OF MIAMI BEACH,FLORIDA,ENTITLED "SOLID WASTE,"BY AMENDING
ARTICLE III,ENTITLED "COLLECTION AND DISPOSAL,"BY AMENDING
DIVISION 2,ENTITLED “COLLECTION,"BY AMENDING SECTION 90-97
THEREOF,ENTITLED "GARBAGE COLLECTION SERVICES,"TO MODIFY THE
THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE FOR
PURPOSES OF DETERMINING WHETHER SOLID WASTE MUST BE
COLLECTED AND DISPOSED OF BY A SINGLE-FAMILY WASTE
CONTRACTOR OR A FRANCHISE WASTE CONTRACTOR;AND BY
AMENDING ARTICLE IV,ENTITLED “PRIVATE WASTE CONTRACTORS,”BY
AMENDING DIVISION 4,ENTITLED “SPECIALTY CONTRACTORS,”BY
AMENDING SUBDIVISION II,ENTITLED “ROLLOFF/PORTABLE WASTE
CONTAINER CONTRACTORS,”BY AMENDING SECTION 90-278 THEREOF,
ENTITLED “FEES AND REQUIREMENTS;PENALTIES FOR NON-PAYMENT,”
TO MODIFY THE THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY
RESIDENCE APPLICABLE TO A POTENTIAL EXEMPTION FROM OBTAINING
A SITE-SPECIFIC CONSTRUCTION AND DEMOLITION COLLECTION PERMIT
AND THE PAYMENT OF CONSTRUCTION AND DEMOLITION COLLECTION
FEES UPON COMPLIANCE WITH CERTAIN CRITERIA FOR CONSISTENCY
WITH THE AMENDMENTS TO SECTION 90-97;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
CHAPTER 90
SOLID WASTE
ARTICLE III.COLLECTION AND DISPOSAL
DIVISION 2.COLLECTION
***
2
WHEREAS,pursuant to Section 90-278,there is currently an exemption from C&D permits
and collection fees for small renovations or repairs involving less than 1 ,000 square feet for single
family residences,multifamily buildings with up to 8 units where the renovation or repair work and
the work area are less than 1 ,000 square feet,and multifamily buildings with 9 or more units where
the work area is less than 1 ,000 square feet;and
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
WHEREAS,providing larger multifamily buildings—i.e.,buildings with 17 or more units—
with the flexibility to negotiate their own waste collection agreements is desirable and appropriate,
while extending City-provided services to smaller multifamily buildings promotes fairness and
service equity;and
WHEREAS,the revisions to Section 90-278 are being made to ensure consistency with the
revised classification of multifamily residential building sizes as set forth in Section 90-87 of the
City Code;and
WHEREAS,construction and demolition (“C&D”)haulers and other persons engaged in the
collection or disposal of construction and demolition debris are required to obtain a C&D collection
permit pursuant to section 90-276,including a site-specific C&D collection permit for each project
involving new construction or the demolition of an existing structure;and
WHEREAS,the Mayor and City Commission find that adoption of this Ordinance is in the
best interest of the City and its residents.
WHEREAS,increasing the maximum number or mass threshold of multifamily buildings
eligible for collection by the City’s single-family waste hauler under Section 90-97 from 8 units to
16 units will promote greater efficiency,fairness,and accountability in solid waste services,while
maintaining high environmental and service standards Citywide;and
SECTION 1.That Section 90-97 of Division 2 of Article III of Chapter 90 of the Miami Beach City
Code is hereby amended as follows:
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
CHAPTER 90
SOLID WASTE
ARTICLE IV.PRIVATE WASTE CONTRACTORS
DIVISION 4.SPECIALTY CONTRACTORS
*
SUBDIVISION II.ROLLOFF/PORTABLE WASTE CONTAINER CONTRACTORS
3
Sec.90-278.-Fees and requirements;penalties for non-payment.
C&D haulers and other persons engaged in the collection or disposal of construction and
demolition debris with or without a grapple service,with or without the use of C&’)container s,using
dump trucks,trailers of any kind,or any other heavy equipment are required to obtain a C&D
collection permit pursuant to section 90-276 and shall submit 20 percent of their gross monthly
receipts as set forth below:
(1 )On-street C&D collection fee.When the C&D container is to be located on the street,the
on-street C&D collection fee shall be 20 percent of the contractor's total monthly gross
receipts for the month in which the C&D collection permit was issued and every month
thereafter for so long as construction and demolition debris collection and removal
services are being provided within the city.Four barricades with flashing lights shall be
posted.In addition,when the C&D container is to be located in parking meter spaces,an
additional fee shall be due,as set forth in appendix A,per meter,per day.
(2)Off-street C&D collection fee.When the C&D container is to be located on private property
or when there is no C&D container,the off-street C&D collection fee shall be 20 percent
Sec.90-97.-Garbage collection services.
(a)Mandatory.Each dwelling or commercial establishment in the city is required to
have a solid waste collection service,and garbage facilities approved by the city
manager.
(b)Collection by single-family waste contractors.All solid waste generated by single
family residences and multifamily residences of eight sixteen units or less shall be
collected,conveyed and disposed of by a single-family waste contractors).
(c)Collection by franchise waste contractors.All solid waste generated by
commercial establishments,industrial uses,hotels,roominghouses,multifamily
residences of nine seventeen dwelling units or more shall be collected,conveyed
and disposed of by franchise waste contractors.
SECTION 2.That Section 90-278 of Subdivision II of Division 4 of Article IV of Chapter 90 of the
Miami Beach City Code is hereby amended as follows:
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
4
of the contractor's total monthly gross receipts for the month in which the C&D collection
permit was issued and every month thereafter for so long as construction and demolition
debris collection and removal services are being provided within the city.
(3)Collection fee exceptions.The following shall be exempt from obtaining a site-specific
C&D collection permit (if otherwise applicable)and the payment of C&D collection fees
pursuant to this section:
(a)Any single-family home renovations or repairs involving less than 1 ,000 square feet in
the aggregate.
(b)Any multi-family building with two to eight sixteen units,provided that the renovation
or repair work and the work area is less than 1 ,000 square feet.
(c)Any multi-family building with mno seventeen or more units,provided that the
renovation work area is less than 1 ,000 square feet.
(4)List of accounts.Each C&D hauler shall provide the city manager with a current list of the
names and addresses of each account,upon initial application,and upon any application
for renewal,of its permit,the frequency of service,and the permit number and capacity of
each C&D container (if the account has a C&D container)as per account and the address
serviced by each C&D container.No property owner may share an account with another
property owner.
(5)Monthly report.Each C&D collection contractor shall deliver to the city's finance
department a true and correct monthly report of gross receipts generated during the
previous month (from accounts within the city)on or before the last day of each month,
regardless of whether any work was performed within the city during that period.This
monthly report shall include the customer names,service addresses,account numbers,
and the actual amount collected from each customer.Payments of any fees required in
this section shall be made monthly to the finance department,on or before the last day of
each month,for gross receipts of the previous month.C&D haulers having annual gross
receipts reported to the city over $200,000.00 shall,on or before 60 days following the
close of their fiscal year,deliver to the finance department a statement of annual gross
receipts (generated from accounts within the city)certified by an independent certified
public accountant,reflecting gross receipts within the city for the preceding fiscal year.
Failure to timely submit the monthly report on or before the last day of each month will
result in a penalty as set forth in appendix A.
(6)Audit or inspection of C&D haulers'books and records.Each C&D hauler shall allow the
city auditors,upon reasonable notice and during normal business hours,to audit,inspect
and examine the contractor's books and records,and state and federal tax returns,insofar
as they relate to city accounts,to confirm the contractor's compliance with this section.
This information shall include,but not be limited to,the following:billing rates,billing
amounts,sequentially pre-numbered invoices,signed receipts,trip tickets,computer
records,general ledgers and accounts receivable sorted by service address.Additionally,
the city auditors may communicate directly with customers of the C&D hauler for the
purpose of confirming compliance with this section.Failure to provide requested and
complete records in a timely manner shall be cause for revocation of the permit pursuant
to chapter 1 8.
(7)Failure to pay permit fees or C&D collection fee;penalties for late payment.If a C&D
collection contractor fails to timely pay the C&D collection permit fee pursuant to section
90-276 or the on-street C&D collection fees and off-street C&D collection fees as set forth
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
5
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
in subsections (1 )and (2)of this section,respectively,the C&D collection contractor shall
pay any and all of the city's expenses for collection of such fees,including,but not limited
to,court costs,audit costs and reasonable attorney fees.If the contractor fails to pay the
full permit fee or the C&D collection fees on or before the last day of each month,penalty
fees shall be as follows:
(a)Original delinquency.Any C&D hauler who fails to remit any permit fee imposed
by this division within the time required shall pay a penalty of ten percent of the
amount of the delinquent fee in addition to the amount of the fee.
(b)Continued delinquency.Any C&D hauler who fails to remit the permit fee on or
before the 30th day following the date on which the fee first became delinquent
shall pay a second delinquency penalty of ten percent of the amount of the fee in
addition to the amount of the fee and the ten percent penalty imposed pursuant to
subsection (1 ).An additional penalty of ten percent of the amount of the delinquent
fee shall be paid for each additional 30-day period,or part thereof,during which
the permit fee is delinquent,provided that the total penalty imposed by subsection
(a)and this subsection (b)shall not exceed 50 percent of the amount of the permit
fee.This penalty shall be in addition to the permit fee and interest imposed by this
division.
(c)Interest.In addition to the penalties imposed in subsections (a)and (b),C&D
hauler who fails to remit any permit fee imposed by this division shall pay interest
at the highest legal rate of interest permitted by law on the amount of fee,exclusive
of penalties,from the date on which the permit fee first became delinquent until
paid.
(d)Penalties merged with permit fee.Every penalty imposed and all interest accrued
under the provisions of this section shall become a part of the permit fee required
to be paid.
(e)The owner of a property where a project involving new construction or the
demolition of an existing structure was executed shall be jointly and severally liable
with the C&l )hauler or other persons involved in the removal of construction and
demolition debris for the payment of any unpaid permit fees,C&D collection fees,
penalties and interest.
(8)Evidence of payment.In order to effectively provide for the collection of the permit fee by
the contractor to the city,any person seeking to renew his/her annual business tax receipt
pursuant to the provisions of chapter 102,article V,in addition to the requirements
contained therein,shall provide to the finance director evidence of payment of all
outstanding permit fees,fines and other charges as a condition to reissuance or renewal
of the business license.
(9)Identification of equipment.All equipment utilized to collect and transport solid waste in
the city must be conspicuously marked on both sides of the automotive unit with the name
of the hauler,tare weight and cubic yard capacity.Identification information must also be
marked on all trailer and container units.All markings must be in letters and numerals at
least two inches in height.
SECTION 3.REPEALER.
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2
SECTION 4.SEVERABILITY.
SECTION 5.CODIFICATION.
SECTION 6.EFFECTIVE DATE.
day of ,2025.This Ordinance shall take effect the
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Alex J.Fernandez)
6
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.
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
Underline denotes additions.
Strikethrough denotes deletions.
/C Joh&JzeZ.St'"
City Attofneyy^^Date
Docusign Envelope ID: F0599366-3821-4B86-86B6-667C6535B2A2