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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 . Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC 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 . Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC 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 . Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC 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 Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC Previous Action (For City Cle rk Use Only) Not reached on 4/22/2026 -RS T Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC 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 Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC • • • 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 Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC 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 Docusign Envelope ID: F3085D2C-FA4A-8E0F-8257-CABD40B807AC