HomeMy WebLinkAboutBIE - Art in Public Places (4/7/2026)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 , www.mia mibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eri c Carpenter, City Manager
MEETING DATE: April 22, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH , ENTITLED "PUBLIC PROPERTY," ARTICLE
VII, ENTITLED "ART IN PUBLIC PLACES," DIVISION 1, ENTITLED
"GENERALLY," SECTION 82-537 THEREOF, ENTITLED "DEFINITIONS,"
TO CREATE CERTAIN DEFINED TERMS ; AMENDING DIVISION 2 ,
SECTION 82-562 THEREOF, ENTITLED "POWERS AND DUTIES ," TO
MODIFY THE POWERS OF THE ART IN PUBLIC PLACES ("AIPP")
COMMITTEE; AMENDING DIVISION 3 , ENTITLED "F UND," SECTION 82-
587 THEREOF, ENTITLED "APPROPRIATIONS BY THE CITY TO THE
FUND," TO AMEND REQUIREMENTS FOR AN AIPP ALLOCATION TO BE
IMPLEMENTED ON THE SITE OF A CITY CONSTRUCTION PROJECT;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
lil Yes D 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 requ ired by State law .
D The proposed Ordinance is required for compliance with Federal or State law or regulation ;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D T he proposed Ordinance relates to the adoption of budgets or budget amendments ,
includ ing revenue sources necessary to fund the budget;
D 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 financia l ass istance
accepted by the City ;
D T he proposed Ordinance is an emergency ord inance;
D The Ordinance relates to procurement; or
D The proposed Ordinance is enacted to implement the following :
a . Private appli cat ions for compreh ensive p lan amendments and land development
regulation amendments;
b . Development orders , development permits, and development agreements ;
c. Sections 190 .005 and 190.046 , Florida Statutes , regard ing community development
districts ;
d . Section 5 53. 73 , Florida Statutes, relating to the Florida Building Code ; or
e . Se ction 6 33.202 , Florida Statutes, relating to th e Florida Fire Prevention Code .
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Business Impact Estimate
Page2
If none of the above exceptions apply, th is Bus iness 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 itse lf . The
Commission Memorandum and Ordinance are attached hereto.
2 . The City of Miami Beach estimates that the proposed Ordinance w ill have no direct economi c
impact on private , for-profit businesses in the City of Miami Beach , that the proposed Ordinance
will not increase existing direct compliance costs under the Art in Public Places Program 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 finds that the number of businesses like ly to be impacted by the
proposed Ordinance is speculative .
1 4. Additional comments : None .
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Ordinances -RS Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J . Dopico
DATE:
TITLE:
March 18 , 2026 11 :20 a .m. First Read ing Public Hearing
AN ORDINANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH , ENTITLED "PUBLIC PROPERTY," ARTICLE V II , ENTITLED
"ART IN PUBLIC PLACES," DIVISION 1, ENTITLED "GENERALLY," SECTION 82-
537 THEREOF , ENTITLED "DEFINITIONS," TO CREATE CERTAIN DEFINED
TER MS; AMENDING DIVISION 2, SECTION 82-562 THEREOF , ENTITLED
"POWERS AND DUTIES ," TO MODIFY THE POWERS OF THE ART IN PUBLIC
PLACES ("AIPP") COMMITTEE ; AMENDING DIVISION 3, ENTITLED "FUND,"
SECTION 82-587 THEREOF , ENTITLED "APPROPRIATIONS BY THE CITY TO
THE FUND ," TO AMEND REQUIREMENTS FOR AN A IPP ALLOCATION TO BE
IMPLEMENTED ON THE SITE OF A CITY CONSTRUCTION PROJECT; AN D
PROV IDING FOR REPEALER , CODI FICATION , SEVERABILITY, AND AN
EFFECTI V E DATE.
BACKGROUND/HISTORY
The City of Miami Beach ("Ci ty") has an Art in Public Places Program whereby the City makes
certain funds available to acqu ire , install , and maintain works of art on public property with in the
City and in City construction projects so as to enhance the quality of the urban environment and
property values in the City.
ANALYSIS
Th e attached Ordinance is presented on First Reading by the sponsor, Commissioner Tanya K.
Bhatt, for the consideration of the Mayor and City Commission.
The Ordinance creates the definition of a "public-private project". The Ordinance amends Section
82-562 to give the Art in Public Places Committee the power to recommend whether to install or
affix all or any portion of a work of art onto the interior or exterior of a project site.
Additionally, the Ordinance amends Section 82-5 87 to permit AiPP allocations to be utilized on
the site of a city construction project fo llowing the art selection pro c ess set forth in Article V II of
Chapter 82 of the City Code, as deemed appropriate by the Mayor and City Commission on a
five-sevenths waiver . The Ordinan ce also amends section 82-587 t o require that a work (s) of art
se le cted and installed on the site of a pub li c-private project shall be installed or affixed to the
exteri or of the site in an outdoor space or location that is accessible to the pub li c at all reasonable
times .
FISCAL IMPACT STATEMENT
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N /A
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?
N o
Is this item related to a G .O . Bond
Project?
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 Tanya K . Bhatt
Co-sponsor(s)
Condensed Title
11 :20 a.m. 1st Rdg , Art in Publi c Places. (Bhatt) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO . ________ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION O F THE
CITY OF MIAMI BEACH, FLORI DA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," ARTICLE VII , ENTITLED "ART IN PUBLIC PLACES,"
DIVISION 1, ENTITLED "GENERALLY," SECTION 82-537 THEREOF ,
ENTITLED "DEFINITIONS," TO CREATE CERTAIN DEFINED TERMS;
AMENDING DIVISION 2, SECTION 82-562 THEREOF, EN T ITLED
"POWERS AND DUTIES ," TO MODIFY THE POWERS OF THE ART IN
PUBLIC PLACES ("AIPP") COMM ITTEE ; AMENDI NG DIVISION 3,
ENTITLED "FUND," SECTION 82-587 THEREOF, ENTITLED
"APPROPRIATIONS BY THE CITY TO THE FUND ," TO AMEND
REQUIREMENTS FOR AN AIPP ALLOCATION TO BE IMPLEMENTED
ON THE SITE OF A CITY CONSTRUCTION PROJECT; AND
PROVIDING FOR REPEALER, CODIFICAT ION , SEVERABILITY, AND
AN EFFECTIVE DA TE .
WHEREAS , the City of Miam i Bea ch ("City'') ha s previo usly recognized that cultural and
arti stic re sources, including works of art and the perfo r ming arts, enhance the qua lity of life of
reside nts, workers, and visitors of the City and enhance the quality of the urban environment and
pro perty valu es in the City; and
WHEREAS , Article VII of Chapter 82 of the City Code provide s for an A rt in Pu blic Plac es
("AiPP") program whereby the City makes ce rta in fu nd s availab le to acq uire, install , and mainta in
works of art o n public prop erty within the City and in City con struction projects ; and
WHEREAS , the Mayor and City Commis sion desire to exp and opportunities for the
imp le mentation of th e A iPP progra m whe re A iPP alloca tion s may be utilized on-s it e, as deem ed
appropriate by the Ma yor and City Commission; and
WHEREAS , the Mayor and City Com m ission fi nd that the purposes of the AiP P would be
enha nced by , and therefore desire to , allow the Mayor and City Commission to require , on a fi ve-
se ven ths vote, that the requ ired Ai PP appropriation be utilize d on the site of the city construction
project or public-private project followi ng a selection process pursu ant to Article VII of Chapte r 82
of the City Code , e ntitled "Art in Publ ic Pla ces "; an d
WHEREAS, the Mayor and City Comm ission further desire to requi r e that. whenever the
City Com mission finds a p ublic-private project is an appropriate site for works of art, then any
work of a rt fun ded and sel ected pur sua nt to this article a s part of such public-private proj ect shall
be installed in or affix ed to the exterior of the project in an o utdoor space or locatio n open and
accessible to the public at all re ason ab le times .
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 82-588 of Chapter 82 of the Miami Beach City Co d e is he reby
amend ed as follow s:
CHAPTER 82
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PUBLIC PROPERTY
• • •
ARTICLE VII. ART IN PUBLIC PLACES
* • *
DIVISION 1. GENERALLY
Sec. 82-537. Definitions and exemptions.
The following words , terms and phrases , when used ·in this article , sha ll have the meanings
ascribed to them in th is section, except where the context clearly ind icates a different meaning :
Art in public places means works of art of exceptional quality executed on an appropriate
scale and for pub li c access in public places other than museums, wh ich enrich and give diversion
to the public environment.
Art in public places committee means the advisory committee appoin ted by the city
commission to carry out the duties and functi ons set forth in this article .
City construction project means any construction contract for any city-owned building ,
facility, or other city-owned property includ ing , but not limited to , parks , pools , recreation tra il s,
baywalks , beachwalks , streetscape beautification projects, and golf courses , to whi ch the city is
a party, for (i) new construction (ii) additions; or (iii) renovations having a value equal to or greater
than $ 250 ,000 .00. The definition of city construction project shall also be deemed to include
construction projects that are developed by persons or entities other than the city, but which
require the participation of the city as a party to a (i) development agreement, (ii) ground lease,
or (iii) management agreement for a city owned building or facility ha¥ing a term of ton years or
more (including rene•Nal terms) where such manageFAent agreement contemplates that the
manager/operator will design and construct a city building or facility as part of the terms of such
agreement.
Construction cost means "hard costs " associated with construction of a city construction
project. Land acquisition costs , arch itect and engineering fees , environmental remed iation costs ,
and costs associated with subsequent changes in construction contracts , except as provided in
the proceeding sentence , are not included . An ad j ustment wi ll be made to an original art in pub li c
places appropriati on only for construction costs associated with city requested changes in scope
requ iring add itional appropriations more than $250,000.00 in the aggregate .
Public-private proiect means a city construction project that is developed by persons or
entities other than the city, but which require the partici pation of the c ity as a party to a (i)
development agreement, (ii ) ground lease, or (ii i) management agreement for a city-owned
building or facility having a term of ten years or more (includ ing renewal terms} where such
management agreement contemplates that the manager/operat or w ill design and construct a city
build ing or facility as part of the terms of such agreement.
Professional advisory committee means a group of arts professiona ls selected by the arts
in public places committee and confirmed by the city commission to recommend works of art or
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artists for one or more acquisitions. The comm ittees may a lso contain up to two members of the
design review board or historic preservation board , to be determined and selected by such
boards, depending upon the location of the proj ect for which the art is intended, and which board
would have jurisdiction over the project.
Works of art means the application of skill and taste to production of tangible objects
according to aesthetic principles , including , but not lim i ted to , pa intings , sculptures, engravings,
carvings , frescos , mobiles , murals, collages , mosaics, statues, bas-reliefs, tapestries ,
photographs and drawings , or combinations thereof; and artist-designed public facilities ,
bu ildings, and /or spaces and functional elements , either as integral parts of a larger project or as
a separate entity.
The provisions of this article shall not apply to the new construction of, renova tions, or additions
to the following city construction projects :
a . Water and sewer related facil it ies , such as pump stations , water ma ins, water lines ,
sewer lines , treatment facilities, etc.
b. Storm drainage infrastructure.
c . Road construction or bridges , provided , however, that streetscape beautification
projects , which may include , but are not lim ited to : resurfacing , new curbs , gutters.
pavers, sidewalks , landscaping , lighting , bus shelters , bus benches, street furniture
and signage, and sim ilar above-ground improvements, shall no t be exempted and
shall be subject to the provisions of this article.
d . City construction projects undertaken to replace , recons truct , or repair an existing
public building or facility damaged or destroyed by a sudden unexpected turn of
events, such as an act of God , riot. fi re , flood , accident, or other urgent circumstance.
e . The construction , remodeling , repair or improvement to a public electric or gas utility
system .
f . Where the city construction project is undertaken as a rout ine repair or maintenance
of an exi sting public fac ility.
g . Low-income or moderate-income housing or workforce housing developments
constructed on city-owned land , either by the city or by persons or entities other than
the city, pursuant to a (i) development agreement with the city, (ii ) ground lease , (iii) a
purchase and sale agreement re lating to the sale of any ci ty property, or (iv)
management agreement with the city , provided the development satisfies all of the
requirements for such low-income, moderate-income or workforce housing units , as
set forth in chapter 58 of the City Code .
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DIVISION 2. ART IN PUBLIC PLACES COMMITTEE
Sec. 82-562. Powers and du ti es .
The art in publ ic places committee shall have the following powers and duti es :
(1) To recommend to the city comm ission whether a particular proposed city construction
project is an appropriate site for works of art and whether all or a part of the
appropriation requ ired by section 82 -587 should be utilized at the site; or reduced or
wa ived in its en tire ty; or p laced , whether in its entirety or a portion thereof, in the art in
public places fund for other acceptable uses.
(2) To recommend to the city comm ission the se lection of existing works of art or to
determine whether to recommend the selection of new works of art, and screen
subm issions therefore, for the fulfi ll ment of the requirements of this article .
(3 ) To conduct contests and competitions to select works of art to be recommended for a
site .
(4 ) To recommend a profess ional advisory comm ittee to advise the committee and city
commission regard ing selection of works of art for a city construction project.
(fil To recommend whether to install or affix all or any portion of a work of art onto the
interior o r exterior of the subject property.
(a §)To recommend to the city comm iss ion the maintenance and insurance necessary to
preserve and protect works of art.
(e Z)To make a recommendation to the ci ty commission regard ing proposed projects that
include works of art and to participate in the planning of su c h projects .
(7 §_)To recommend legislation concern ing publi c works of art in the city.
(8 ~) To make recommendations to the city commi s s ion rega rding the placement of proposed
donations of works of art for pl acement on publi c property in the city .
(Q 10) To provide an advisory recommendation to private nonprofit app licants seeking to
install works of art in public places and /or noncommercial artistic mura ls, graphics and
image s on private or city-owned bu ildings , which mural, graphic or image art is not
funded by the city.
(-i-011) To perform all other duties and fu nctions as reques ted by the ci ty comm ission .
• • *
DIVISION 3. FUND
•
Sec. 82-587 . Appropri ati ons by the c ity to the fund.
(a ) All appropriations of c ity fund ing for city construction projects sha ll incl ude an appropriation
of funds to the art in public places fund . The amount appropriated to the art in pub li c places
fund sha ll not be less than two percent of the constr uction cost of the city construction project.
The appropriation to the fund shall be made at t he ti me of the award of the construction
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contract for said city construction project. For city requested changes in scope requiring
additional appropriations more than $250 ,000.00 in the aggregate , at the time of
appropriation of monies for the subject changes in scope, the applicable art in public places
fund ing allocation shall be transferred to the art in public p laces fund .
(b) For city construction public-private projects that are developed By persons and entities other
than the city, But that are de>Jolopod pursuant to a development agreement entered into with
the city ; or which involve tho participation of tho city as a ground lessor; or wh ich are
do•.iolopod pursuant to a management agreement having a term (including renewal terms)
of ton years or more and which agreement requires tho design and construction of a city
Building or facility , the requ ired appropriation shall be made at the same time as the
appropriation of funding for the construction public-private project and be based upon the
construction cost, regardless of whether the construction cost is funded by the city or the
person or entity other than the city .
(c) In cons idering the required appropriation for a particular city construction project or publi c-
private project, the city commission may, by resolution approved on ey ~ five-sevenths
(5/7th§) vote:
(1) Waive the required appropriation , finding such waiver to be in the best interest of the
city ;
(2) Reduce the required appropriation amount ; 9f
(3) Find tfiat the particular city construction project or public-private project is AGt an
appropriate site for works of art. and require the appropriation pursuant to section 82 -
587 to be utilized on the site of the city construction project or publ ic-private project
following a selection process for work(s) of art pursuant to th is article , and place all or
a portion of tho required appropriation in tho art in puBlic places fund for use at another
S4t0-: .;_Q[
(1) Find the particular city construction project or public-private pro ject is not an appropriate
site for works of art, and place all or a portion of the required appropriation in the art in
public places fund for use at another site.
(d) The city commission shall also consider whether the funding source for a particular city
construction project is restricted by publ ic bond covenants ; federal , state or loca l laws; and/or
legal parameters which would require that the appropriation be utilized on the particular city
construction project site or pub lic-private project s ite .
(e ) Prior to making a final determination as to the required appropriation fo r a city construction
project or publ ic-private project, the city commiss ion shall consider the recommendation of
the art in public places committee.
ill Whenever the city commission finds the particular pub lic-private project is an appropriate
site for works of art. then any work of art fu nded and selected pursuant to this articl e as part
of such publ ic-priva te project shall be installed in or affixed to the exterior of the project in an
outdoor space or location open and accessible to the pub li c at all reasonab le times .
SEC TIO N 2. REP EALE R.
A ll ordinances or parts of ord inances in conflict herewith are hereby repealed .
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SEC TI ON 3 . SEVERABILITY .
If any section , sentence , clause or phrase of this ord inance is held to be in val id or
unconstitutional by any court of competent jurisd iction , then sa id holding shal l in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4 . CODIFICATION.
It is the intention of the Mayor and City Comm ission of the City of Miam i Beach , and it is
hereby orda ined that the provi sions of th is ord inance sha ll become and be made a part of the
Code of the City of Miam i Beach , Florida . The sections of this ord inance may be renumbered or
re -l ettered to accompl ish such intention , and the word "ord inance " may be changed to "section ,"
"article ," or other appropriate word .
SECTION 5. EFFECTIVE DA TE .
Th is Ordinance sha ll take effect the __ day of -------~ 2026 .
PASSED and ADOP T ED th is __ day of ________ , 2026 .
ATTEST:
Rafae l E. Granado
City Clerk
(Sponsored by Comm i ssioner Tanya K. Bhatt)
Underline denotes additions
Strike through denotes deletions
6
Steven Me iner
Mayor
APPROVED AS TO
FORM A ND LANGUAGE
& FOR EXEC ~ ON
ttorney ~Q Date
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