HomeMy WebLinkAboutBIE - Turtle Season Special Event Regulations 2nd Rdg (6/5/2026)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive , Miami Beach, Florido 33 139 . www.miomibeochfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager
MEETING DATE: June 24, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE V, ENTITLED "TURTLE NESTING PROTECTION ORDINANCE,"
BY AMENDING SEC. 46-203, ENTITLED "PROHIBITED ACTIVITIES
DISRUPTIVE TO MARINE TURTLES," BY AMENDING SECTION 46-203(C),
RELATING TO SPECIAL EVENTS, TO ESTABLISH RULES FOR SPECIAL
EVENTS HELD BETWEEN APRIL 1 -APRIL 30 AND MAY 1 -OCTOBER
31, INCLUDING LIGHTING PROHIBITIONS, TIME LIMITATIONS, AND
PENAL TIES; PROVIDING FOR REPEALER , SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
~ 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 la w.
D The proposed Ordinance is required for compliance with Federa l or State law or regulation ;
D The proposed Ordinance relates to the issuance or refinancing of debt;
D The proposed Ordi nance relates to the adoption of budgets or budget amendments ,
including revenue sources necessary to fund the budget;
D The proposed Ordinance is required to implement a contract or an agreement, includ ing,
but not limited to, any Federal , State, local, or private grant or other financial assistance
accepted by the City;
D The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement; or
D The proposed Ordinance is enacted to imp lement 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, re lating to the Florida Fire Pre vention 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 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 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, except for those that may need to schedule events in complia nce with
this Ordinance .
1 4 . Additional comments: None .
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Ordinances -RS G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE:
TITLE:
May 20 , 2026 9:36 a.m. First Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
CODE, ENTITLED "ENVIRONMENT ," BY AMENDING ARTICLE V , ENTITLED
"TURTLE NESTING PROTECTION ORDINANCE ," BY AMENDING SEC. 46-203 ,
ENTITLED "PROHIBITED ACTIVITIES DISRUPTIVE TO MARINE TURTLES ," BY
AMENDING SECTION 46-203(C ), RELATING TO SPECIAL EVENTS , TO
ESTABLISH RULES FOR SPECIAL EVENTS HELD BETWEEN APRIL 1 -APRIL
30 AND MAY 1 -OCTOBER 31 , INCLUDING LIGHTING PROHIBITIONS , TIME
LIMITATIONS, AND PENALTIES; PRO V IDING FOR REPEALER, SEVERABILITY ,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The beach along the Atlantic Ocean with in the boundaries of the City of Miami Beach is utilized
by federally and state-protected sea turtles for nesting , as documented in the City's ligh ting and
turtle-nesting materials and cod ified within the City's existing Turtle Nesting Protection Ord inance.
Sea turtle nesting season begins on April 1 within the City of Miami Beach , to account for earlier
nesting of leatherba ck turtles, and continues through October 31 .
Artificial lighting and nighttime illumination visible from the beach during nesting season can
disorient adult turtles and hatchlings , resulting in reduced nesting success and increased
mortality, as recognized in existing City legislation and Florida Fish and Wi ldlife Conservation
Commission recommendations.
Special events conducted on the beach during nesting season commonly in volve lighting,
equipment , and activity that-if not properly limited-can produce artificial light visible from the
beach or create nighttime disturbances inconsistent with sea turtle protect ion best practices.
The sponsor of this proposed ordinance, Commissioner Da vid Suarez, desires to strengthen the
provisions of Section 46-203(c) by (1) cod ifyin g specia l-eve nt lighting restrictions for April 1
through April 30 consistent with existing rules ; (2) prohibiting special events after 9:00 p.m .
between May 1 and October 31, including any associated load-in and load-out lighting; and (3)
requiring the City Adminis tration to incorporate a substantial security deposit or penalty provision
of up to $50,0 00 into special event agreements for an y event taking place between Apri l 1 and
April 30 if sea-turtle -friendly lighting requirements are vio lated .
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FISCAL IMPACT STATEMENT
N/A
Does this Ord inance requ ire a Busi ness Impact Estimate? No
(FO R ORDI NANCES 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/
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 in itially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying?
If so, s pecify the name of lobbyist(s) and principal(s):
Department
City A tto rn ey
Sponsor(s)
Commissioner David Suarez
Co-sponsor{s)
Commissioner Al ex Fernandez
Condensed Title
NR-9:36 a.m. 1st Rdg , Turtle Season Special Event Regulations. (Suarez/Fernandez) CA
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Previous Action (For City Cle rk Use Only)
Not reached on 4/22/2026 -RS T
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ORDINANCE NO . ______ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH , FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE , ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE V , ENTITLED "TURTLE NESTING PROTECTION
ORDINANCE," BY AMENDING SEC. 46-203 , ENTITLED "PROHIBITED
ACTIVITIES DISRUPTIVE TO MARINE TURTLES," BY AMENDING
SECTION 46-203(C), RELATING TO SPECIAL EVENTS, TO
ESTABLISH RULES FOR SPECIAL EVENTS HELD BETWEEN APRIL
1-APRIL 30 AND MAY 1-OCTOBER 31 , INCLUDING LIGHTING
PROHIBITIONS , TIME LIMITATIONS, AND PENAL TIES; PROVIDING
FOR REPEALER , SEVERABILITY, CODIFICATION , AND AN
EFFECTIVE DA TE.
WHEREAS , the beach along the Atlantic Ocean with in the boundaries of the City of Miami
Beach is ut il ized by federally and state-protected sea turtles for nesting , as documented in the
City's lighting and turtle-nesting materials and cod ified withi n the City 's exi st ing Turtle Nesting
Protection Ord inance; and
WHEREAS , sea turt le nesting season begins on Apri l 1 w ithi n the City of Miami Beach , to
account for earlier nesting of leathe rba ck turtles , and cont inues through Octo ber 31 ; and
WHEREAS , artificia l li ghting and nighttime ill umination vis ible from the beach du ri ng
nesting season can disorient adult turtles and hatchl ings , resu lting in redu ced nesting success
and increased morta lity, as recogn ized in existing City leg islation and Fl o rida Fish and W ildl ife
Conservation Commission recomme ndations; and
WHEREAS , spe ci a l events conducted on the beach during nesti ng season commonly
involve lighti ng , equipme nt, and acti vity that-if not properly limited-can prod uce artificial light
vi sible from the beach or create nighttime disturbances in cons istent wi th sea tu rt le protection best
practices ; and
WHEREAS , the Mayor and City Comm ission d esire to strengt he n the p rovis ions of
Section 46-203(c ) by (1) co difying spe ci al-eve nt lighting res trictions for April 1 through April 30
cons istent w ith existing rul es; (2 ) proh ibiting special events after 9:00 p.m. between May 1 and
October 31 , including any associated load-in and load-out li ghti ng ; and (3) requirin g the City
Administration to incorporate a substantial security deposit or penalty provision of up to $50,000
into special event agreements for any event tak ing place be tween April 1 and April 30 if
sea -turt le -friend ly lighting requ irements are vio lated ; and
WHEREAS , the Mayor and City Comm iss ion fi nd these amendments to be necessary to
enhance protection of the City's sensitive coasta l habitat for sea turtle nesting .
NOW, THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH , FLORIDA :
SECTION 1. That Section 46 203(c) of the City Code is hereby amended as follows :
CHAPTER 46 . ENVIRONMENT
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• • •
ARTICLE V. TURTLE NESTING PROTECTION ORDINANCE
• * *
Sec. 46-203. Prohib ited activities disruptive to marin e turtles .
•
(c) Special ev-enlo. Special e¥ents taking plaoe on th e beaoh during nesting season that may
ha¥e lighting needs shall require a permit or exemption from the Florida Department of
Environmenta l Protection. Additionally , any lighting assooiated with a speoial e 1.ient oannot
be \1isible from the beaoh after 0:00 p.m . Any authorized lighting must be low wattage long
wa¥elength light source , shielded , and direoted away from the beaoh .
(c) Special Events : Seaso na l Restrictions .
(1) Special events taking place on the beach during nesting season (i.e . April 1 through
October 31) that may have lighting needs shall require a perm it or exemption from the
Florida Department of En vi ronmental Protection. Additionally, any lighting associated
with a specia l event cannot be visible from the beach after 9 :00 p.m . Any authorized
lighting must be low wattage long wave length lig ht source, sh ielded, and directed away
from the beach .
(2) April 1 through April 30 .
Specia l events occurring on the beach between April 1 and April 30 shall comply with all
existing turtle friendly li ghting requirements, including prohibi t ions on visible li g htin g and
mandatory use of authorized, turtle friendly lighting only, as set forth in subsecti on (c)(1 ).
(3 ) May 1 through October 3 1.
Spe cial events are proh ibited on the beach after 9 :00 p .m. during this period . Th is
prohibition shall include all associated lighting, including li ghting used fo r load in, load out,
staging, or equipment movement, which shall not occur after 9 :00 p.m .
( 4) Security Deposit / Penalty.
The City Adm inistration shall require each special event applican t or organ izer c onducting
an event between April 1 a nd October 31 to post a sign ificant pena lty or security deposit-
suggested at $50,000-within the specia l eve nt agreement.
If any se a turtle related lighting requirement is viol ated, the security deposit may be
forfeited in whol e or in part.
Any other viol ation of the special event permit wi ll be subject to the penalties specified for
that violation of t he special event permit.
(5) Incorporation .
2
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The rules and penalties set forth in this subsection (c) shall be incorporated into the special
event perm it applic ation as we ll as into the special event permi t.
SECT ION 2. REPEALER .
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed .
SECTION 3. SEVERABILITY.
If any section , subsection, clause or provision of this Ordinance i s he ld invalid , the
rema in der sha ll not be affected by su ch inval idity.
SECTION 4. CODIFICATION.
It is the in tentio n of the Mayor and City Commission of the City of Miami Bea c h, and it is
hereby orda in ed that the provisions of this ord inance shall become and be made part of the Miami
Beach City Code . The sections of th is ordinance may be renumbered or re lettered to accompl ish
such in tention, and the word "ordinance" may be changed to "sectio n," "article ," or other
appropriate word.
SECTION 5. EFFECTIVE DATE .
This Ord inance shall take effect January 1, 2027 , to allow adequate time for event
producers , the Tourism & Cu lture Department, and the publi c to ad just plann ing and operations .
PASSED AND ADOPTED this ___ day of _______ , 2026.
ATTEST:
Ra fael E. Granado , City Clerk
(Sponsored by Comm issioner Da vi d Suarez )
Underli ne denotes add itio ns
Strikethrough denotes deletions
3
Steven Mein er, Mayor
APPROVED AS TO
FOR M & LANGUAGE
&~UTION
, t Jr>f 20 u
City Attorney ;t:?1? Date
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