HomeMy WebLinkAboutBIE - Building Permit Forgiveness and Assistance (4/8/2026)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager
MEETING DATE: April 22, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
BUILDING PERMIT FORGIVENESS AND ASSISTANCE ORDINANCE AN
ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY
AMENDING DIVISION IV THEREOF, ENTITLED "2017-2026 BUILDING
PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE
BUILDING PERMIT REPRIEVE PROGRAM FOR OWNERS OF SINGLE-
FAMILY RESIDENTIAL, MUL Tl-FAMILY RESIDENTIAL, MIXED-USE OR
COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A
BUILDING PERMIT, OR WHO HOLD EXPIRED PERMITS, THROUGH
DECEMBER 31, 2028, AND TO AMEND THE DEFINITION OF "EXISTING
BUILDINGS" AS USED THEREIN; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE , AND A SUNSET
PROVISION.
Is a Business Impact Estimate Required?
0 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 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
D The proposed Ordinance is enacted to implement the following :
a. Private applications for comprehensive plan amendments and la nd development
regulation amendments;
b. Development orders , development permits, and development agreements ;
c . Sections 190 .005 and 190.046, Florida Statutes , regard ing commun ity development
districts ;
d . Section 553.73, Florida Statutes , relating to the Fl orida Building Code ; or
e . Section 633.202 , Florida Statutes, relating to the Florida Fire Prevention Code .
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Business Impact Estimate
Page 2
If none of the above exceptions apply, th is Business Impact Estimat e 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 Ord inance will decrease the amount of
building permit fees and fines collected , totaling approximately $1 ,000 ,000 annually, by 10 to 20
percent. Therefore, the proposed Ordinance will have a small to moderate direct economic impact
on private , for-profit businesses in the City of Miam i Beach that seek reprieve from fines for work
performed without permits or inspections .
Additionally, the proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur, except to the extent that businesses are responsible for applying for reprieve.
The proposed Ordinance will not impose any new charge or fee for which businesses will be
financially responsible , and the proposed Ordinance will not impact the City of Miami Beach 's
regulatory costs and will not generate any re venue 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 M iami Beach finds that the number of businesses likely to be impacted by the
proposed Ordinance is speculative .
1 4 . Additional comments : None.
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Ordinances -RS X
MIAMI BEACH
COMMISSION MEMORANDUM
TO : Honorable Mayor and Members of the City Commission
FROM : City Attorney Rica rdo J. Dopico
DATE:
TITLE:
March 18, 2026 11 :1 5 a .m. F irst Read ing Public Hearing
BUILDING PER MIT FORGI VENESS AND ASSISTANCE ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS ," BY AMENDING
ARTICLE 11 , ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING
DI V ISION IV THEREOF , ENTITLED "2017-2026 BUILDING PERMIT REPRIEVE
PROGRAM," TO EXTEND THE DURATION OF THE BUILDING PERMIT
REPRIEVE PROGRAM FOR OWNERS OF SINGLE-FAMILY RESIDENTIAL ,
MUL Tl-FAMILY RESIDENTIAL, MIXED-USE OR COMMERCIAL PROPERTIES
WHO HAV E FAI LED TO OBTAIN A BUILDING PERMIT, OR WHO HOLD EXPIR ED
PERMITS, THROUGH DE CEMBER 31 , 2028, AND TO AMEND THE DEFINITION
OF "EXISTING BUILDINGS " AS USED THEREIN ; AND PROVIDING FOR
REPEALER, CODIFICATION , SEVERABILITY, AN EFFECTIV E DATE, AND A
SUNSET PROVISION .
RECOMMENDATION
BACKGROUND/HISTORY
The City of Miami Beach ("City") has determine d that there are numerous property owners in the
C ity who have performed work on the ir homes or businesses without fi rst obtaining a build ing
permit or inspection. The City wou ld like to ensure (1) that unauthorized work is brought into
comp liance with the Florida Building Code , inclu ding obtainment of all required permits and
inspections , and (2) that new owners of property with outstanding building violations are not fa ce d
wi th double or triple permit fees.
Since May 1, 2017 , the City has provided for a reprieve from certain building permit fees for
property owners , or designees of pro perty owners , who volunta ril y apply for reprieve , purs uant to
Ordinance No. 2017-4088 and subsequent Ordinances renewing and extending the reprieve
period (the "Program").
ANALYSIS
The attached Ordinance is presented on First Reading by the sponsor, Commissioner Alex J.
Fernandez, for the consideration of the Mayor and City Comm ission .
The Ordinance extends the Program's applicabi lity t o any work performed without permits or
inspections that commenced prior to the Ordinance's effective date. The Ordinance also exten ds
the deadline to submit a request for reprieve to December 31 , 2028. The existing Program
currently covers work performed on or before December 31 , 2022, but does not apply to any work
commenced after that date .
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FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Y es
(FOR ORDIN ANCES ON LY )
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https ://www.mi am ibeachfl.qov/c ity-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?
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 , spe cify the na me of lobbyist(s) a nd principa l(s):
Department
Ci t y Attorn ey
Sponsor(s)
Com mi s sioner Alex Fernandez
Co-sponsor(s)
Commissioner Monica Matteo-S alinas
Com missioner T an ya K . Bhatt
Condensed Title
11:15 a .m . 1st Rdg, Bu ilding Pe rmit Forg iveness & Assis tance Ord . (A F/MM S/TB ) CA
Previous Action (For City Clerk Use Only)
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Bu ilding Permit Forg iveness and Assistance Ordinance
ORDINANCE NO . _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF T HE
CITY OF MIAMI BEACH , FLORIDA, AMENDING CHAPTER 14 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "BU I LDING
REGULATIONS ," BY AMENDING ARTICLE II , ENTITLED
"CONSTRUCTION STANDARDS ," BY AMENDING DIVISION IV
THEREOF, ENTITLED "2017-2026 BUILDING PERMIT REPRIEVE
PROGRAM," TO EXTEND THE DURATION OF THE BUI LDING PERMIT
REPRIEVE PROGRAM FOR OWNERS OF SINGLE-FAMILY
RESIDENTIAL, MULTI-FAMILY RESIDENTIAL , MIXED-USE OR
COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A
BUILDING PERMIT , OR WHO HOLD EXPIRED PERMITS, THROUGH
DECEMBER 31 , 2028 , AND TO AMEND THE DEFINITION OF
"EXISTING BUILDINGS" AS USED THEREIN ; AND PROVIDING FOR
REPEALER , CODIFICATION , SEVERABILITY, AN EFFECTIVE DATE,
AND A SUNSET PROVISION .
WHEREAS , the City of Mi a mi Beach ("City") has determ ined that there are numerous
property owners in the Cit y who h ave perfo rmed work wi thout a permit : and
WHEREAS, the City desire s to en s ure that unauthorized work comp lies with the Florida
Building Code , as failure to comply w ith the Code can resu lt in a li fe safety issue to the inhab itants
of the st ructure : a nd
WHEREAS, cost is a concern to many person s who e ither have exp ired pe rm its (w ithout
a fin al inspection or pe rmi t cl ose-out) or who never a pplied for a perm it; and
WHEREAS, in many cases , when title to prope rty is transferred , the new owner of the
property, unaware of the prior unpermitted work , is left to resolve ou t standing permi tt ing issues ,
and faces double perm it fees or trip le fees, as established by the bu il ding officia l: and
WHEREAS, on May 1, 2017, in response to th e foregoing concerns , the City en acted
Ord inance No. 2017-4088 , w hich crea te d a one-year (May 1, 2017 throug h April 30 , 2018)
reprieve pe riod for prope rty owners and tenants to bring their prope rt ies into comp liance with the
Florida Building Code ; a nd
WHEREAS, on Ma y 16, 2018, and pursuan t to Ord ina nce No. 20 18-4 192, the Mayor and
Cit y Comm ission extended the reprieve pe riod by one ye ar, th rough April 30 , 20 19; and
WHEREAS , on May 9 , 2019, and pursua nt to Ord inance No. 2019-426 2, the Mayor and
City Comm iss ion exte nded the reprieve period t hrough April 30, 2020; and
WHEREAS, on Decembe r 9, 2020 , and pu rsuant to Ord inance No . 2020-4387 , the Mayor
and City Co mmi ssion re instated the reprieve program from May 1, 202 0 throug h December 31 ,
2021 ;and
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W HEREAS, on January 20 , 2022 , and pursuant to Ord in ance No . 2022-4462, the Mayor
and City Comm iss ion extended the reprieve perio d through December 31 , 2022 ; and
WHEREAS, on March 13, 2024 , and pu rsu ant to Ord in ance No. 2024-4602 , the Mayor
and City Comm ission extended the reprieve through December 31, 2026 ; and
WHEREAS, the Mayor and City Comm ission now desire to extend the reprieve period
through December 31 , 2028 ; and
WHEREAS , the amendments set forth in this Ordinance are necessary to accomplish all
of the above objectives.
NOW, THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH , FLORIDA:
SECTION 1. That Division IV of Article II of Chapter 14 of the City Code, entitled "Bu il ding
Regulations ," is hereby amended as follows :
CHAPTER 14
BUILDING REGULATIONS
• • •
ARTICLE I I. CONSTRUCTION STANDARDS
* .. •
DIVI SION 4 . 2017-202-6 2028 BU I LDING PERMIT REPRIEVE PROGRAM
Sec. 14-85. Intent of reprieve program .
The city desires to extend the The building perm it reprieve (amnesty ) program , which was
re instated on May 1, 2020, is hereby extended through the period ending on December 31, ~
2028. Repri eve from double or triple building perm it fee s for work performed without permits or
inspections, as established by the build ing official and as further delineated in divi sion 1, sections
14-61 through 14-67, and Append ix A to t his Code. shall be provided to those property owners ,
or designees of property owners, who voluntarijy appl y for reprieve . Except as specifically
provided in this division, !).Jothing nothing herein shall preclude the bu ilding officia l from assessing
fees or penalties for work performed wi thout a permit, or work performed in viol ation of any
provision of the Florida Building Code, Florida Fire Preven tion Code , or the city's land
development regul ations . Not hing herein shall be construed to excuse an applicant from
compliance with the Florida Building Code , Florida Fi r e Prevention Code , or the city's land
development regulations.
Sec. 14-86. Fees.
A property owner who has appli ed for reprieve pursuant to th is di vision will be assessed only
those fees (in effect at the time of the perm it application ) a s soc iated with appl icab le to new perm its
or the re -issuance of permits . Fees associated with work performed withou t permits , or without
inspections, as delineated in d ivi sion 1, sections 14-61 through 14--67, and appendix Appendix A
af to this Code , will not be assessed to the reprieve app li cant. T he fee for processing applications
and to conduct any te sting pursuant to this d ivision shall be set forth in appendix Appendix A af
to th is Co d e.
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Sec. 14-87. Gui deli nes a nd requ irements of t he reprieve progra m.
(a) Existing buildings.
(1) An existing bu il ding under Chapter 34 of the Florida Build ing Code includes any bu ilding
or structure built with proper permits and completed with all mandatory inspections and
for which a certificate of completion or occupancy has been issued ; any building or
structure, including any part thereof as well as any addition or repair , that was
constructed without proper permits in which the work performed commenced prior to
the effective date of this Ordinance December 31 , 2022 ; or any building or structure
constructed pursuant to permits obtained under the Florida Bu il ding Code , which
expired without certificates of completion or occupancy having been issued .
(2) A cert ificate of completion or occupancy for any existing bu il ding constructed without
proper perm i ts or permits which expired may be obtained by applyin g to the building
official and fulfil li ng the following cond i tions :
(A) The owner sha ll furn ish a set of as-built pl a ns of the bui lding or structure ;
(B) The owner shall furnish an as-bu ilt certificate issued by a Florida-reg istered
engi neer or architect , in a form that is satisfactory to the building officia l, which
certificate attests that, to the best of the knowledge, belief and profess ional
j udgment of the engineer/arch itect, and based on the engineer/arch itect's
inspection of the structure, the structure :
(i) Is structurally sound ; and
(ii) Satisfies the requ irements of the app licable code in effect at the time the work
was commenced , indicating the date the work on the structure was
commenced from the best available records , and the requireme nts of the
applicable co de in effect on that date; and
(iii) Complies with all requirements of th e current ed ition of the applicable code
identified in subsections (a)(2 )(C ) and (D); and
(iv) Complies with the pe rmit appl ication and plans approved by the bu il ding
officia l, if applicable .
(C ) The owner sha ll comp ly with the following life safety requ irements of the current
edition of the Florida Buil ding Code :
(i) Means of eg ress or escapes ;
(ii) Requirement of shutters;
(ii i) Residen tia l single station smoke detectors installed in accordance with NFPA ;
(iv) Requirement for ground fault interrupters;
(v) Requirement for full size pressure and temperature rel ief valved li nes on a ll
water heaters ;
(vi) Handicapped access requ irements ;
(vii ) All gas pipi ng sys tems shall be bonded to the ground ;
(viii) Handrails sha ll be inspected and replaced , if nece ssary, in full compliance
with requ irements of the most recent vers ion of the bu il ding code .
(D) The owner sha ll comply with the current editi on of the America ns with Disab ili ties
Act and the Florida Fire Prevention Code.
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(3) The as-built certificate spec ified in subsection (a)(2)(B) shall contain a narrative
description of the methodology utilized to make the determination set forth in the as-
built certificate . In issuing the certificate of complet ion or occupancy, the building officia l
sha ll be entitled to rely on the accuracy of the as-built certificate .
(4) Prior to issuing the certificate of completion or occupancy, the build ing officia l shall
conduct an inspection to determine , to the best of the building official's abili ty given the
nature of the construction :
(A ) That the plans submitted reflect the present state of the structure;
(B) That the construction complies with the edition of the Florida Bui lding Code in effect
at the time the work was commenced ;
(C ) That the structure complies with all requ i rements of the Florida Bu ilding Code
identified in subsection (a)(2)(C) and (D); and
(D ) That the as-bui lt certificate accurately represents the conditions of th e structure.
(5) Authority of the building official to enforce the F lorida Bu ilding Code . Notwithstanding
the provisions of this section , the building official may at all times continue enforcement
of the applicable code through any authorized means includi ng issuance of a notice of
violation, recording of the same, and/or commencement and prosecution of a case
before the unsafe structures board. Th is section sha ll not be construed to conflict with
or supersede , nor shall it serve as a defense to , any enforcement action brought by the
bu ilding official based on the current requ irements of the applicable code .
(6) The building official shall create a reprieve application form and shall promulgate a
procedure for an applicant to seek reprieve pursuant to th is d iv ision .
(b) Guideline s for renewal of expired roof permits without a fina l insp ection. Roofing permits
issued prior to December 31 , 2022 the effective date of this Ordinance, under the jurisdiction
of the ~lorida Building Code , sha ll comply with the following guidelines :
(1) A Sta te of Florida duly li censed architect or eng ineer may provide an as -built
certification letter, s igned and sealed , certifyin g that the roof is in comp li ance with the
Florida Bui lding Code in effect at the time of the roof installation.
(2) The as-built letter shall state the approximate date of the roof in sta llation .
(3 ) The as-bu ilt letter shall state the product approval number of the approved roofing
system and state that the underlayment and the fasteners were visually inspected by
plugg in g the roof. In li eu of plugging of the roof~ an uplift test is acceptab le.
(4) An application for the renewa l of the roof permit must be subm itted by a licensed roof
contractor.
(5) Upon submittal of the req uired documents the c ity 's roofing inspector will review the as-
built letter for compliance with the Florida Build ing Code in effect at the time of the roof
installation .
(6) Upon submittal of the as-built letter and the as-built plans requ ired by this d ivision , al l
documents will be reviewed for compliance w ith th is division and the applicable codes .
* * *
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SECTIO N 2 . REPEALER.
All ord inances or parts of ord inances and all sections and parts of sections in confl ict
herewith are hereby repealed .
SECTION 3. CODIFICATION.
It is the intention of the City Comm ission , and it is hereby ordained that the provisions of
th is Ordinance shall become and be made part of the Code of the City of M iami Beach as
amended ; that the sections of this Ord inance may be renumbered or re lettered to accomp li sh
such intention ; and that the word "ordinance" may be changed to "section " or other appropriate
word .
SECTION 4. SEVERABILI TY.
If any section, subsection , clause or provision of th is Ord inance is held inva lid , the
remainder shall not be affected by such invalidity.
SECTION 5 . SUNSET.
As of December 31 , 2028, the provis ions of th is Ordinance shall term inate and be of no
force or effect. The codifier is hereby directed to remove the provisions herein from the City Code
on December 31 , 2028 .
SECTION 6. EFF EC T IVE DATE.
This Ordinance shall take effect ten days fo ll ow ing adoption .
PASSED AND ADOPTED th is __ day of _______ , 2026.
ATT ES T :
Rafael E. Granado , City Clerk
(Sponsored by Commissioner Alex J. Fernandez )
5
Steven Meiner, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& F,GRc)F TION
~r=9~--~.l11l-".2-~~~
orney ~(J Date
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