HomeMy WebLinkAboutBIE - Plastic Decorations Restrictions (4/8/2026)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miam i Beach, Florida 33 139, www.miamibeachfl.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
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI
BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE Ill , ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-74
THEREOF, ENTITLED "PLASTIC RELATED OR METALLIZED
DECORATIONS PROHIBITED AT PUBLIC MARINAS, MARINE
FACILITIES, PARKS, AND BEACHES," IN ORDER TO CLARIFY
APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF
DECORATIONS IN OUTDOOR PUBLIC SETTINGS; 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;
□ The proposed Ordinance is an emergency ordinance ;
□ The Ordinance relates to procurement; or
□ T he proposed Ordinance is enacted to implement the following :
a. Pri vate 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 Bu ildin g Code ; or
e. Section 633 .202 , Fl orida 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.
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Business Impact Estimate
Page 2
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 rec itals to the Ordinance itself. The
Commission Memorandum and Ordinance are attached hereto.
2. This Ordinance amends existing regulations to provide flexibility for interested parties ,
including for-profit businesses , to use decoration items that are made of materials other than
natural fibers or uncoated paper products , as long as such decoration items are "non-
consumable" and capable of being used repeatedly without any fragmentation or dispersal of their
constituent parts, or without needing to be discarded or destroyed after use. Accordingly, the City
of Miami Beach estimates that the proposed Ord inance 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 reven ue 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 the for-profit businesses that are likely to be impacted by
the proposed Ordinance are as follows: for-profit businesses that have been issued special event
permit approval for the use of City property, and other for-profit businesses authorized to operate
on City property pursuant to a lease , management agreement, concession agreement, or other
City approval.
, 4. Additional comments: None.
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Ordinances -RS L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE:
TITLE:
March 18, 2026 10:15 a.m. First Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE Ill , ENT ITLED
"USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 1, ENT ITLED
"G ENERALLY," BY AMENDING SECTION 82-74 THEREOF , ENTITLED "PLASTIC-
RELATED OR METALLIZED DECORATIONS PROHIBITED AT PUBLIC MARINAS ,
MARINE FACILITIES , PARKS , AND BEACHES," IN ORDER TO CLARIFY
APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF
DECORATIONS IN OUTDOOR PUBLIC SETTINGS; AND PROVIDING FOR
REPEALER, SEVERABILITY , CODIFICATION AND AN EFFECTI VE DATE.
BACKGROUND/HISTORY
Th e attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez.
The City has been consistent in its commitment to protect its marine environment and w ildl ife.
Items such as glitter, tinsel , plastic or metallized confetti , sequins , synthetic flower petals, and
mylar streamers are lightweight, easily dispersed , and often become litter on beaches , public
parks, and other public property and waterways. These materials break down into microplastics
that persist for years, harm marine life, and are nearly impossible to remove.
Public beaches , parks, marinas , and marine facilities are especially vulnerable to this pollution ,
which threatens sensitive species like nesting sea turtles and shoreb irds. Non-plastic alternatives,
such as reusable decor, natural fibers, and compost able materials, are readily availab le .
On September 17, 2025, the Mayor and City Commission adopted Ordinance No. 2025-4774 ,
amending Article Ill of Chapter 82 of the City Code , entitled "Use of Publ ic Property," to prohibit
the use or possession of plastic-related or metallized decorati ons in certain outdoor public
facilities to deter harmful littering and protect marine ecosystems.
ANALYSIS
The attached ordinance is presented on first reading by the sponsor, Commissioner Alex J.
Fernandez, for the consideration of the Mayor and City Commission.
Certain decoration items made of natural materials or reusable , non-consumable plasti c or
metallized material may not pose a hazard to the marine environment if they are removed from ,
and do not scatter, fragment, or disperse in , publ ic property during and after use. These
decoration items may therefore be permitted on publ ic property, provided that they are used in a
sustainable manner and do not cause litter on public property.
The Proposed Ordinance amends Article Ill of Chapter 82 t o create additional defined terms;
amend the definition of the term "prohibited decorat io n item" to mean any consumable pla stic or
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meta lli zed d eco ra tion item , rather tha n a ll plastic decoration items; define the term "sustain able
decoration item" to mean any decoration mad e of natural fibers or a non -consumable plastic or
metalli zed decorat ion item ; prohibi t the use of sustainable decoration item s in a manner that
causes them to fragment outdoor s or become litter; provide for a written warni ng for a sustainable
decoration item offe nse ; and cla rify that penalties levied un der this section are separate from , and
in ad dition to , any applicabl e littering offense under Art icle II of Ch apter 46 of the City Code .
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
No (FO R ORD INANC ES ON LY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https ://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FI NANCIAL INFORMATI ON
CONCLUS ION
Applicable Area
Citywi d e
Is this a "Residents Right to Know " item ,
pursuant to City Code Section 2 -17?
No
Is th is 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 1
includes a principal engaged in lobbying? No
If so , specify t he name of lobbyist(s) and principal (s ):
Department
C ity Atto rn ey
Sponsor(s)
Com missioner Alex Fernandez
Condensed Title
NR-10 :15 a.m . 1st Rdg , Plastic Decorations Restrictions. (Fe rnand ez) CA
Previous Action (For City Clerk Use Only
Not reache d on 2/2 5/2026 -R5 O; Not reached on 2/5/2026 -R5 U; Not reached on 12/17/2025
-R5W
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ORDINANCE NO . ___ _
AN ORD INANCE OF THE MAYOR AND CITY COMMISSION OF TH E
CITY OF MIAMI BEACH , FLORIDA, AME NDING CHAPT ER 82 OF TH E
MIAMI BEACH CITY CODE , ENT ITLED "PUBLIC PROPERTY," BY
AM ENDING ARTICLE Ill , ENTIT L ED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 1, ENTIT LED "GE N ERALLY ," BY AMENDING
SECTION 82-74 THEREOF , EN TITLED "PLASTIC-RELATED OR
ME TALLIZED DECORATIONS PROHIBITED AT PUB LI C MARI NAS,
MARINE FAC ILIT IES , PARKS , AND BEACHES ," IN ORDER TO
CLARIFY APPLICABLE RES TRICTIONS ON THE POSSESSION AND
USE OF DECORATIONS IN OU T DOOR PUBLIC SETTINGS ; AN D
PROVIDING FOR REPEALER , SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE .
WHEREAS , pursuant to Fl a . Stat. 403 .161 of Chapter 403 , ent itled "Envi ronmental
Control ," the State of Florida has prohibited any person from causing any pollution so as
to harm or injure human health or welfare , animal , plant or aquatic life or property; and
WHE REAS , the City of Miami Beach is committed to the preservation and
protection of its marine environment by restricting sources of harmful litter; and
WHEREAS , plast ic-related decorative materials-including bu t not limited to
gl itter, tinsel , plastic or metallized confetti, sequins , artificial/synthetic decorative flower
petals, and mylar streamers-a re lightweight , easily dispersed by wind and water, and
frequently become litter on beaches , parks , and in waterways ; and
WHEREAS , these materials are commonly composed of petroleum-based plastics
or metallized plastics that fragment into microplastics and nano plastics , wh ich persist in
the environment for years and are impracticable to remove once dispersed ; and
WHEREAS, publi c beaches , marinas, and ma rine fac ilities are high -r isk vectors
for litter migration , as w ind , tides, storm surge , and rainfall rapidly transport small
decorative plastics into coastal wate rs and stormwater systems ; and
WHEREAS , the City acknowledges the potential risk of p lastic-related decorative
materia ls causing environmental pollution , obstructing waterways , and compromising the
aesthetic appeal of the marinas, marine facilities , and the waterways (i ncluding Biscayne
Bay); and
WHEREAS , the City's beaches and nearshore habitats support sensitive and
protected species , including nesting sea turtles an d shorebirds , that are threatened by
pollution from plastic-related decorative materials; and
WHEREAS , microplastics and fragments from such decorations are often ingested
by fish , seabirds , sea turtles , and other wildlife , leading to malnutrition , in ternal injury , and
increased mortality, and may also entangle marine life and shorebirds ; and
W HEREAS , reusable and non-plastic decor ation alternatives , such as reusable or
rental decor; decorations made of natural fiber or paper-based materials ; and
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compostable items designed for outdoor use are more sustainable, read ily available , and
su itable for celebrations on public property ; and
WHEREAS , the City recognizes the importance of fostering public awareness of
the detrimental effects of plastic-related decor use in public areas and endeavors to
encourage responsible practices ; and
WHEREAS , on January 31 , 2024 , the Mayor and City Commission adopted
Ordi nance No . 2024-4590 prohibiting the use or possession of balloons at public marinas ,
beaches , marine facilities , or parks to prevent environmental pol lution, avert the
unnecessary obstruction of waterways, and avoid denig rating the aesthetics of the
waterways and its ma rinas , marine facil ities , parks , and beaches ; and
WHEREAS , on September 17, 2025, the Mayo r and City Commission adopted
Ordinance No . 2025-4774, amending Art icle Il l of Chapter 82 of the City Code , entitled
"Use of Public Property," to prohibit the use or possession of plastic-related or metallized
decorations in certain outdoor public facilities to deter harmful littering and protect marine
ecosystems ; and
WHEREAS, the Mayor and City Comm ission wish to further amend Article Ill of
Chapter 82 of the City Code to permit the use or possession of certain sustainable and
reusable or non-consumable decorative materia ls in outdoor public spa ces .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE C ITY OF MIAMI BEACH , FLOR IDA, AS FOLLOWS :
SECTION 1 . That Section 82-7 4 of the City Code is hereby amended as follows :
CHAPTER 82
PUBLIC PROPERTY
* *
ARTICLE Ill. USE OF PUBLIC PROPERTY
* *
DIVISION 1. GENERALLY
* *
Sec. 82-74. Certa in Plastic related or me talli zed decorations proh ib ited at public
marinas , marin e facilit ies , parks , and beaches .
(a) Pu rpose . T his sect ion is enacted to protect the marine environment, wildlife ,
aesthetics, and public safety by prohibiting the possession or use of certain
unsustainable or consumable, plastic-related or metallized decoration items at all
public marinas , public marine facil ities , and public parks and beaches in the city .
(b) Definitions. The following words , terms, and phrases , when used in this section , shall
have the meaning ascribed to them in this section , except where the co ntext cle arly
indicates a different meaning :
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Consumable means (of a product. good , o r item ) able or inte nded to be fully o r quickly
used and then replaced or discarded, w ithout being reused or salvaged .
Decoration item means any decorative material, product. or article designed or used
for ce lebration, display, or ornamentation.
Marina means any installation which provi des any accommodations or faci li ties for
watercraft, including mooring , docking , storing , leasing , sale , renta l, or servic ing of
watercraft , located in the waters of the city .
Marine facility means any de vice, structure, bu ilding o r component of a marina .
Prohibited decoration i tem means any plast ic related or metallized decorative
material , product, or article designed or used for celebratio n, d isplay, or ornamentation ,
co nsumable decoration item made of plastic-related or metal lized material , includ ing but
not limited to glitter, confetti , sequ ins , tinsel , mylar streamers , arti fic ia l decorative petals ,
metallic garlands , plasti c or metallized table scatter, plasti c decorative cut-outs , pla st ic or
metallized party poppers or cannons , and similar items that a re likely to fragment or
d isperse in outdoor environments . The term shall not include reusable decorations made
exclusively of natural fibers (such as cotton , jute , hemp , or untreated wood ) or uncoated
paper products that do not contain plastic , plastic coatings , metallized films , or gl itter.
Public property means all public marinas , public marine facilities, pub lic parks , and
beaches in the city.
Sustainable decoration item means:
(1) any decoration item made exclusively of natural fibers (such as cotton , jute,
hemp, or untreated wood) or uncoated paper products that do not contain plastic,
plastic coatings, metallized films, or glitter; or
(2) any non-consumable decoration item. i ncluding one made of or containing
plastic-related or metallized material. that is capable of being used repeatedly without
any fragmentation or dispersal of its constituent parts, or without needing to be
discarded or destroyed after use .
( c ) Proh ibition§..
(1) No person or entity shall possess o r use any prohibited decoration item at
any publ ic marina , public marine facility , publi c park, or publ ic bea ch public property.
(2) No person or entity shall use any sustainable decoration item in such a
manner as to cause, at any public property, the fragmentation or dispersal of the
decoration item 's constituent parts ; or the sweeping , ca sting or throwing , d iscard ing,
depositing, or abandoning of the decoration item or any part of the decoration item
in the outdoor environment after use, such that it becomes li tter as defined in chapter
46. article Ill of th is code. except in containers or areas lawfully provided for the
disposal of litter.
(d ) Enforcement and penalties.
* * *
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(2 ) Written warnings . Unless a written warning has been previously issued to
the violator in the preceding 12 months , a code inspector may , in li eu of issuing a
notice of violation , first issue a written warning to the violator to cease the violation
by either:
a . Immediately collecting , securing, and disposing of all prohibited
decoration itemsi and any dispersed fragments or debris belonging thereto,
be ing possessed or used on the prohibited public property in a container or area
lawfully provided for the disposal of litter an appropriate trash rooeptacle ; 8f
b. Immediately removing from the public property all prohibited
decoration items, and any dispersed fragments or debris belonging thereto,
being possessed or used on the prohibited public property from any public
marina, public marine facility, public park, or public beach .: or
c . Immediately removing, collecting, securing, and/or disposing of all
sustainable decoration items, and any fragments or debris belonging thereto,
such that no sustainable decoration items or any fragments or debris belonging
thereto remain at the public property after use, except in a container or area
lawfully provided for the disposal of litter.
* * *
(3) A violator who has been served w ith a notice of violation must elect to either:
a. Pay the following civil fine:
1. First violation by a person or entity within a 12-month period
shall be a civil fine of $250 .00
2 . Second violation by a person or entity within a 12-month period
shall be a civil fine of $500 ;
3. Third or subsequent vio lation by a person or entity within a 12-
month period shall be a civil fine of $1 ,000 .00 , to a maximum
total fine of $5 ,000 .00 .
4 . Any civil fine levied for a violation of subsection (c)(1) or (c)(2)
shall be separate from, and in add ition to, any applicable
violation of chapter 46, article Ill of this code , entitled "Litter."
* * *
SECTION 2 . REPEALER.
All ordinances or parts of ordi na nces in conflict herewith are hereby repealed .
SECTION 3. SEVERABILITY.
If any section , subsect ion , clause or provision of this Ordinance is held invalid , the
remainder shall not be affected by such invalidity .
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SEC T ION 4. CODIFICATI ON .
It is the intention of the Mayor and City Commission of the C ity of M iam i Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of M iami Beach , Florida . The sections of this Ord inance may be
renumbered or re-lettered to accomplish such intention , and the word "ord inance" may
be changed to "section ," article ," or other appropriate word .
SECTION 5. EFFECTIVE DATE .
This O rdinance sha ll take effect on the __ day of _____ , 2025.
PASSED AND ADOPTED this ___ day of _______ , 2025.
ATTEST :
Steven Meiner, Mayo r
Rafael E . Granado , City Clerk
(Sponsored by Commissioner Alex J . Fernandez)
APPROVED AS TO
FORM AND LANGUAGE
& FO~ECUTION
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