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HomeMy WebLinkAboutBIE - Appendix A - Published Advertising Amendment (4/1/2026) 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: April 22, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE APPENDIX A – PUBLISHED ADVERTISING AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX “A” TO THE MIAMI BEACH CITY CODE TO ADJUST ADVERTISEMENT FEES FOR PUBLIC NOTICES REQUIRED PURSUANT TO SECTION 2.2.3.5 OF THE MIAMI BEACH RESILIENCY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? X 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 e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519 Business Impact Estimate Page 2 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 City’s 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: B8BA26DB-7122-4130-83BA-118FA310F519 Ordinances - R5 Q COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:March 18, 2026 10:40 a.m. First Reading Public Hearing TITLE:APPENDIX A FEE SCHEDULE MODIFICATION - ADVERTISING FEES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" TO THE CODE OF ORDINANCES TO CHANGE THE ADVERTISEMENT FEES FOR PUBLIC NOTICES REQUIRED BY SECTION 2.2.3.5 OF THE RESILIENCY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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 April 22, 2026. BACKGROUND/HISTORY On February 3, 2025, the City Commission adopted Ordinance 2025-4683, amending the Land Development Regulations of the City Code (LDRs). Specifically, section 2.2.4.1 of the LDR’s was amended by replacing the previous requirement for a 30-day published notice in a newspaper of general circulation with a 30-day on-line notice, published on a website hosted by Miami-Dade County, consistent with the requirements of section 50.0311, Florida Statutes. This included public hearing notices required pursuant to Section 2.2.4.1 of the LDRs for applications before the City’s four land use boards (Board of Adjustment, Design Review Board, Historic Preservation Board and Planning Board). ANALYSIS The change to online published notices has resulted in a decrease in the amount of advertisement fees for land use board applications that utilize online notices. The proposed ordinance amends Appendix A to modify the advertisement fees for land use board applications. The current fee ($2,039.00) is specific to advertisements published in a newspaper. The proposed amendment creates a range from $100.00 (for online advertisements) to $2,039.00 (for notices published in newspapers). FISCAL IMPACT STATEMENT No Fiscal Impact Does this Ordinance require a Business Impact Estimate? No (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/ Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519 9 0 6 2 FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule Second Reading of the ordinance for April 22, 2026. 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 David Suarez Co-sponsor(s) Condensed Title NR- 10:40 a.m. 1st Rdg, Appendix A Fee Schedule Modification-Ads Fees. (Suarez) PL Previous Action (For City Clerk Use Only) Not reached on 2/25/2026 - R5 G Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519 APPENDI X A FE E SCHEDULE MOD IFICATION -ADVERTI SING FEES ORDINANCE NO . _____ _ AN ORDINANCE OF T HE MAYOR AND C ITY COMMISSION OF THE CITY OF MIAM I BEACH , FLORIDA, AMENDING APPENDIX "A" TO TH E CODE OF ORDINANCES TO CHANGE THE ADVE RTISEMENT FEES FO R PUBLI C NOTICES REQU IRED BY SEC T ION 2.2.3 .5 OF THE RESILIENC Y CODE ; A ND PROVID ING FOR REPEALER, SEVERABILITY, CODIFICATION , AND AN EFFECTIVE DA TE . WHEREAS , the City of Miam i Beach (the "City") has the authority to enact laws which promote the public health , safety and general welfare of its citizens ; and WHEREAS , the City Code of Ordinances contains fees for noticing public hearings as listed in Appendix "A" thereto, entitled "Fee Schedule "; and WHEREAS , pursuant to Sections 50 .031 and 50.0311 , Florida Stat utes , legall y requ ired advertisements and public notices may be published on a publ icly accessible webs ite hosted by Miami-Dade County, resulting in a significant cost savings ; and WHEREAS, pursuant to Section 50 .0311 , Florida Statutes, the City has adopted amendments to the City Code and Land Development Regu lations to transition required notices from newspaper publication to the Miami-Dade County Legal Ads and Publi c Notice webpage ("County Notice Webpage"); and WHEREAS , it is necessary to amend Appendix A to reflect a range of fees to be assessed based on the type of required notic e from $100.00 (fo r notices that may be published on the County Notice Webpage) to $2 ,039.00 per advertisement, subject to the annual Consumer Price Index (CPI); and WHEREAS , the amendments set forth below are necessary to accompli sh the above objectives . NOW T HEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMM ISS ION OF THE CITY OF MIAMI BEACH , FLORIDA. SECTION 1. That Appendix A , entitled "Fee Schedule ," is hereby amended as provided in "Exhibit A" to this Ordinance . SECTION 2 . REPEALER. All ordinan ces or parts of ordinances and all section and parts of sections in co nflict he rewith are hereby repealed . Page 1 of 3 Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519 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 th is ordinance may be renumbered or relettered to acc omplish such intention ; and that the word "ordinance " maybe 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 Ord inance shall take effect ten days following adopt ion . PASSED AND ADOPTED this __ day of _______ , 20 26 . Steven Meiner, Mayor ATTEST: Rafae l E. Granado, City Clerk First Reading : February 25 , 2026 Second Reading : March 18 , 2026 Verified by: __________ _ Thomas R. Mooney , AICP Planning Director APPROVED AS TO FORM AND LANGUAGE &FO~TION City A orney ~(1 Page 2 of 3 ,z.} J 7) Zoz.S" Date Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519 EXHIBIT A APPENDIX A -FEE SCHEDULE 2.2 .3.5 Adve rti sement (Additional fees may apply based on ~.OiQ .00 [A) notice requ irem ent for LDR . Comp. Plan and FrQm SlQ0.00 corresponding m ap amendments) to s2,0~9.oo Page 3 of 3 Docusign Envelope ID: B8BA26DB-7122-4130-83BA-118FA310F519