2001-3303 ORD
ORDINANCE NO. 2001-3303
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA CREATING CHAPTER
12, ENTITLED "ARTS, CULTURE & ENTERTAINMENT," AND
ARTICLE I, ENTITLED "FILM AND PRINT PRODUCTION," IN
THE MIAMI BEACH CITY CODE, CREATING SECTION 12-1,
ENTITLED "PERMITS FOR FILM AND PRINT PRODUCTIONS,"
ESTABLISHING PROCEDURES AND CRITERIA FOR THE
ISSUANCE OF PERMITS FOR FILM AND PRINT PHOTOGRAPHY
IN THE CITY; AUTHORIZING THE CITY MANAGER OR THE
MANAGER'S DESIGNEE TO GRANT FILM AND PRINT PERMITS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING
SECTION 46-156(A) CONCERNING TEMPORARY NOISE
PERMITS; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is an international center of the Film and Print
Production Industry; and
WHEREAS, this Production Industry has experienced remarkable growth and has had
a significant economic impact on Miami Beach; and
WHEREAS, with cooperation and respect for all segments of Miami Beach's diverse
community, this indigenous and international production industry can continue to be a highly
competitive and attractive market for Film and Print production; and
WHEREAS, it is necessary to provide and codify an orderly arrangement for the use of
public properties and facilities, and the respectful and responsible use of residential areas by
the Film and Print industry; and
WHEREAS, it is necessary to authorize the City Manager or the Manager's designee,
the Office of Arts, Culture & Entertainment, the power to grant Film and Print permits,
enforce Film and Print Regulations, and adopt regulations pertaining to the Film and Print
industry.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: A new Chapter 12, entitled "Arts, Culture & Entertainment," and a new
Article I, entitled "Film and Print Productions," in the Code of the City of Miami Beach are
hereby created, and a new section 12-1, entitled "Film and Print Production Permits," is
hereby created as follows:
CHAPTER 12
ARTS. CULTURE & ENTERTAINMENT
Article I. Film and Print Productions
Sec. 12-1. Film and Print Production Permits.
The Citv Manal!er or the Manal!er's desil!nee. shall have the authoritv to issue. modify or
revoke permits for film and print productions. in accordance with criteria set forth in this
section and the Film and Print Rel!ulations approved bv separate resolution of the Citv
Commission.
W Except for filminl! bv individuals for personal or educational use. and
"professional iournalists" collectinl!. photol!raphinl!. recordinl!. or reportinl!
"news." as such terms are defined in section 90.5015. Florida Statutes. it shall be
unlawful to enl!al!e in film and print production activities on public propertY.
residentiallv zoned (private) propertv. or in film and print activities that reauire
anv city services. without a film and print permit.
(!il The City Manal!er or the Mana~er' s desil!nee mav impose additional reasonable
rel!ulations and conditions to a specific permit to ensure the public health. safety
and welfare. and peaceful eniovment of surroundinl! residents and businesses. at
anv time.
W Individuals or businesses wishinl! to conduct film. television. video and/or
photol!raphv proiects on public propertv. private residential propertv. or anv
location that impacts or reauires city services. must applv in advance to the citv.
providinl! a completed application. inc1udinl! proof of insurance and
indemnification. as reauired bv the Film and Print Regulations. and receive a
permit. before anv film or print production activity mav commence:
@ Citv Services - Upon receipt of a completed permit application. the permit will
be reviewed to determine what. if anv. citv services will be required.
Requirements mav Vary for each production. City Manal!er or the Manal!er's
designee. in their discretion. mav reauire additional city services and/or monetary
deposits not specificallv listed or codified.
UU Film and Print Rel!ulations - The Mavor and Citv Commission mav adopt bv
resolution Film and Print Regulations and the City Manal!er or the Manal!er's
desil,mee will administer the Rel!ulations as thev pertain to film and print
productions working within the City of Miami Beach. The Manal!er mav
authorize amendments to the Re\lulations proposed bv the Administration. or
mav present such amendments to the Citv Commission for approval. bv
resolution.
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ill Code of Conduct - The City of Miami Beach Code of Conduct for film and orint
oroductions shall be distributed with all notification and/or shmature forms.
Cooies are available in the Office of Arts. Culture & Entertainment.
f.g} Parkinl! - all t>roductions reQuirinl! prearranged oarkinl! must receive orior
aooroval from both the Parkinl! Department and the City Manal!er or the
Manal!er's desil!nee before a oermit mav be issued. Unless prior approval is
received for soecific reQuests. all oroduction vehicles must park legallv at all
times.
lhl Moratoria - City Manager or the Manal!er's desil!nee. at his sole discretion. is
authorized to place a temoorarv moratorium on the issuance of film and orint
oroduction permits for locations and/or neil!hborhoods which have exoerienced
overuse as a result ofhil!h volume and/or heavy imoact filminl!. The moratorium
shall remain in effect for a maximum oeriod of six months. but mav be renewed
for additional six month oeriods if in the discretion of the Manal!er. the imoact
of the orior filminl! activities in the area warrants extension.
ill Conflict with noise orovisions - the City Manal!er or the Manal!er's desil!nee.
mav issue a oermit that authorizes filminl! in conflict with Chaoter 46. Article IV.
of the Miami Beach City Code. or other aoolicable noise ordinance. onlv where
the aoolicant has met all of the citv's reQuirements for obtaininl! a oermit as
prescribed in this ordinance and the Film and Print Rel!ulations. and the filminl!
cannot be oerformed in comoliance with the aoolicable noise ordinance. Such
a permit must soecify the precise manner bv which the noise ordinance mav be
exceeded. bv what duration. and at what locations. Such oermit authorization
mav be modified or revoked if in the discretion of the Manal!er. or desil!nee. the
authorization excessivelv nel!ativelv imoacts the surroundinl! neighborhood.
Having a permit shall not relieve the oermit holder from comoliance with all
other aoolicable local. countv. state or federal laws.
ill Enforcement -
ill Permits shall be maintained at the site on which the ohotograohv or
filminl! occurs. Uoon the reQuest of anv police officer or code comoliance officer
of the Citv. the owner. lessee of the orooertv or reoresentative ofthe Production
Comoanv. shall oroduce such oermit for insoection.
ill Persons enl!al!ed in film and print activities without a oermit. or otherwise
in violation of a oermit. this section or the Film and Print Regulations provided
for herein. shall be subiect to enforcement bv Citv oolice or code comoliance
officers. throul!h the issuance of immediate cease and desist orders. the violation
of which mav subiect the offender to arrest. and/or enforcement as orovided for
in section 1-14 of this Code. and/or notices of violation referred to Soecial
Masters. who have authoritv to issue fines or enforce comoliance. as orovided for
in Chapter 30 of this Code. Police or code comoliance officers will coordinate
enforcement with the Office of Arts. Culture & Entertainment. As an alternate
and suoolemental remedv. the City mav enforce this ordinance bv injunctive
relief in anv court of comoetent iurisdiction. and in such circumstance the City
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shall be entitled to recover its reasonable attornevs' fees and costs. For reDeat
offenders. the Manager or designee mav decline to issue Dermits to such Derson
or entity for one vear. or such other Deriod as the Manager deems apDroDriate.
Sections 12-2 - 12-4. Reserved.
SECTION 2. That Miami Beach City Code Section 46-1 56(a), in Chapter 46, Article IV,
Noise, is hereby amended as follows:
Sec. 46-156. Temporary permits.
(a) The city manager or his designee is authorized to issue a temporary permit to
allow noise prohibited by sections 46-152 and 46-155 when produced by a temporary use
or activity that does not significantly endanger the health, safety or welfare of the
neighborhood. The city manager or his designee may prescribe any reasonable conditions
necessary to minimize any adverse effect upon the community. A permit granted under
this article shall contain all conditions upon which the permit has been granted, including
the period of time for which the permit has been granted. Such relief may be granted in
the following situations:
*
*
*
(3) Special events & film and Drint Dermits. When the applicant seeks to hold lift
!leti',i~ 6f!l special event or film and print llroduction. or other activity. and
has met all of the city's requirements for obtaining such permit as set forth in
applicable regulations, resolutions or ordinances and the activity or special
event cannot be performed or held in a manner that would comply with
sections 46-152 and 46-155. ExceDt for sDecial events and film and print
Droductions. sSuch permits may be issued for a period of time not to exceed
three days. l-.6 More thttn three te:ftlI3oIB1j l'cnnitJ fef the e6ndtu~t fir 3peeial
e"ent" that .iolate the prohibition;] in 3eetieft -46 15261 46 155 3hftll be
i33tlea fur tl partietdar loeati611 en I'lL,ate prol'e.ll} (.;thil1 ail) 12 month
l'eried. Thi3 3eeti6l'i :mall aha tip!,l) t61'rl" ate entitie3 holtling lea3e3 far tl3e
6f city 6.. nea I'1'6j'lerty .. ithill the eity. In lieu of a seDarate Dermit issued
hereunder. the sDecial event or film and Drint Dermit mav include the
authorization and conditions contemplated hereunder. See section 12-1 m.
for Film and Print Production Permits. or 12-5. for SDecial Events.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
It is the intention ofthe City Commission, and it is hereby ordained that the provisions
of this ordinance shall become and be made part of the Code of the City of Miami Beach as
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amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
Passed and adopted this 18th day of
,2001.
~~
MAYOR
ATTEST:
~~ PaL~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~/
City AU
3/0//,:}/
Date
F:\ATTO\HELG\Ordinances\Film&print\F&PORDINANCE.rev.new.wpd - March 21, 2001
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EXHIBIT A
'iii CITY OF MIAMI BEACH - FILM AND PRINT DIVISION II TEL: (305) 673-7070 & FAx: (305) 673-7063
FILM & PRINT REQUIREMENTS AND GUIDELINES
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
WHO NEEDS A FILM PERMIT?
PERMIT ApPLICATION REQUIREMENTS
A. Requests for film permit
B. Requests for a print permit
NEWS MEDIA
STUDENTS
CITY SERVICES
A. Beach Patrol
B. Convention Center / Theater of the Performing Arts
C. Golf Courses
D. Vehicles on Beach
E. Helicopter Landings/Low Flights
F. Street & Lane closures
G. Traffic Interruption
H. Parking
I. ParksIRecreation Facilities
J. Production Deposits
K. South Pointe Park
L. Off Duty Fire / Fire Rescue
M. Off Duty Police
N. Sanitation Department
CITY WIDE PERMITS
RESIDENTIAL NEIGHBORHOOD FILMING
A. Notification Forms / Requirements
B. Signature Forms / Requirements
C. Internal Review Board
D. Residential Parking
E. Code of Conduct
MORATORIA
ENFORCEMENT
MISCELLANEOUS
REVISIONS
COMMUNITY
OTHER GOVERNMENT AGENCIES
A. Miami-Dade County Beach Maintenance
B. Florida Department of Transportation
C. Miami-Dade County Turtle Program
ASSOCIATION & PROPERTY OWNERS
A. Mercantile Associations
B. Individual/Commercial property Owners
SUMMARY
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3
3-5
3
3
3
3
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4
4
4-5
5
5
5
5
5-6
6
6
6-9
7
7,8&9
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9-10
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10-11
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11-12
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f;Iil
FILM & PRINT REQUIREMENTS AND GUIDELINES
.1.
EXHmIT A
I. WHO NEEDS A FILM & PRINT PERMIT?
Individuals or businesses wishing to conduct commercial film. television. video and photographv
proiects must obtain a Film & print permit from the City of Miami Beach.
Film & Print permits are issued for both public and private properties. Film and Print activities
taking place on private (commerciallv zoned) property mav not require a permit. as long as those
activities (including vehicles) are completelv self-contained on the propertv. Anv activities that
require city services require a film & print permit. The permit shall be available for inspection at the
site on which the photographv and/or filming is to occur. Upon the request of anv police officer or
code enforcement officer of the City. the owner. lessee or representative of the production companv
shall exhibit such permit.
II. PERMIT ApPLICATION REOUIREMENTS
Individuals or businesses wishing to conduct commercial film. television. video and photographv
proiects must provide the City with a copv of the following documents prior to the issuance of anv
film & print permits:
. Valid Certificate of Insurance for one million US dollars in generalliabilitv coverage. naming
the City of Miami Beach as additional insured and policv holder:
. Completed Indemnity Agreement signed and sealed (notarv seal or cornorate seal); and
. Completed permit application form.
A. Requests for a film permit should be received no less than four working davs prior to the start of
production unless additional time is required due to the nature of the request.
Film permit applicants are issued permits that are date. time. and location specific. Requests for
filming on weekends or holidavs are reviewed on a case-bv-case basis. Locations for film
production are reserved on a first-come. first-serve basis regardless of the size or scope of the
production. Film permits for small crews mav be issued on a "Citv-Wide" basis with review and
approval from Film & Print Office.
B. Requests for a print (photographv) permit should be received no later than noon on the dav prior
to the start of production. Print permit applicants (photographv) mav be issued a "Citv-Wide"
permit which is valid all dav for a period of time not to exceed three weeks. These "Citv-Wide"
permits do not grant the applicant anv special privilege. nor exemption. from anv Citv rule.
regulation. ordinance or need for Citv services. "Citv-Wide" permits do not include interiors of
public buildings. Due to the complex nature of film production. anv film oermit issued for a specific
location is understood to have priority over anv "Citv-Wide" print permit.
While these time frames are considered minimum standards. the Film & Print Office alwavs
appreciates as much notification time as possible. and earlv notice is in the interest of applicants who
wish to secure specific locations. which are booked on a first-come frrst-serve basis. or require City
services. The Film & Print Office. without obligation. makes everv effort to accommodate all
reasonable requests that do not meet the above noted minimum time frames.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.2.
III. NEWS MEDIA: "professional iournalists" collecting. photographing. recording. or reporting "news"
as defined in section 90.5015 of the Florida Statute are exempt from obtaining a permit - but are
encourage to notify the Film & Print Division if possible.
IV. STUDENTS are exempt from compliance with the insurance requirement. However. students must
complv with aU other requirements and provide proof of current enroUment.
VI. CITY SERVICES
Upon receipt of the completed permit application or written request, the Office of Film & Print will
determine which City services wiU be required. The City wiU determine minimurn staffing levels
appropriate for proposed film or print productions. The City assumes no liability arising or resulting
from the determinations of respective minimum staffing levels or the requirements for anv
production. Because no two production requests are the same. requirements mav Vary for each
production. The following is a general list of frequentlv required services. The Film & Print Office
reserves the right to require additional Citv Services and/or monetarY deposits not listed below.
A. Use of Beach Patrol Headquarters and Lifel!uard Stands
Approval of the Captain of Beach Patrol is required. Beach Patrol Headquarters must notify the
Office of Film & Print of their approval prior to the issuance of permit. Water activities and/or
stunts mav require the presence of Off-Duty Miami Beach Patrollifeguard(s).
B. Use of the Convention Center I Theater of the Performinl! Arts
Film permit applicants must contact the management of these facilities in order to obtain approval
and/or pav anv applicable fees for the use of these facilities prior to a film/print permit being issued.
Parking arrangements must also be made with the management of these facilities and the Parking
Department for the use of non-metered parking for these public venues.
C. Golf Courses
All permit applicants must contact the management ofthese facilities to obtain approval and/or pav
anv applicable fees for the use of these facilities prior to anv permits being issued. Golf Courses are
not included as part of the "City-Wide" permit.
D. Vehicles on the Beach
The applicant is required to obtain a Vehicle Beach Access Permit NBAP) from the Office of Film
& Print in addition to the regular film/print permit. The dav rate of$150.00 per vehicle per dav must
be paid prior to the issuance of anv VBAP. Request and pavment for vehicle access to the beach
should be received no later than 24 hours in advance of the production date. The use of Off-Dutv
police is required to escort vehicles to and on the beach.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.3.
E. Helicopter landin!!s and/or fli!!hts under 1000 feet
A letter of authorization from the City Manager is required orior to the issuance of the film/print
permit. A complete request package should be received no later than four working davs prior to the
production date. As part of a helicopter low-flight/landing request. a production must submit the
following: proof of insurance from the companv/helicopter owner. proof of pilot's license and
certification for requested activities in addition to authorization from FAA authorities.
F. Street / Lane Closures
A street closure permit is required prior to the issuance of the film/print permit. A street closure
permit is obtained from the Police Off-Duty Office and requires the signature of both the Chief of
Police and the City Manager. The use of Off-Dutv police is necessarY. A street closure permit
request should be made no less than seven working davs prior to the production date. In addition.
signed letters of approval must be obtained from a minimum of 80% (preferablv 100%) of the
affected properties within the block. and/or business/residential associations in the area. if applicable.
Based on the location. the Office of Film & Print will identify which entities are to be notified.
G. Traffic Interruption
All productions that require anv amount of traffic interruption require prior approval. Traffic
interruption for vehicles (both cars and boats) requires specific information to be relaved to the Film
& Print Office prior to approval. All traffic interruption will be directlv coordinated on-site bv the
Off-Dutv officer in accordance with the permit.
H. Parkin!!
Most productions require some level of parking arrangements. When an applicant requires on-street
meter rentals or parking spaces in Citv parking lots/garages. arrangements must be made with the
City Parking Department. Due to the high demand for parking spaces in the Citv of Miami Beach.
the Parking Department will onlv rent parking meters for vehicles essential to production and/or to
clear parking spaces for the production (no visible vehicles in the shot). All production vehicles must
park in legallv designated parking spaces and/or lots. Vehicles parked in unauthorized areas (e.g..
handicapped spaces. loading zones. fire lanes. allevwavs. lanes of traffic. unlicensed lots. residential
zones. etc.) without official authorization will be fined and/or removed. Loading zones are for
expeditious loading and unloading and can not exceed 30 minutes in time. Production vehicles are
prohibited from parking on Ocean Drive.
Requests for parking meters mav be required to be accompanied bv a letter of consent from the
affected business/property owner prior to the meter rental being approved. Production vehicles that
park adiacent to private oroperties must issue prior notification or obtain approval from the
business/property owner(s). The Film & Print Office determines if (anv) notification and/or approval
from affected businesses/residents is needed for meter rentals prior to the permit being issued. This
determination is made on a case-bv-case basis.
FILM & PRINT REQUIREMENTS AND GUIDELINES
-4.
ReQuests for production vehicle parking should be received bv the Parking Department no later than
48 hours prior to the production date and prior to 3:00 p.m. weekdavs. ReQuests for meter rentals
made less than 24 hours in advance will be assessed a late fee bv the Parking Department. Meters
are usuallv bagged 24 hours in advance in order to provide sufficient notice to the community.
It is stronglv suggested. and mav be reQuired of some productions. that orange safety cones be J;llaced
along all trucks and eQuipment parked on public streets/thoroughfares to increase public safetv.
I. Parks / Recreational Facilities
The Parks Department and/or Park Supervisor must be contacted when the applicant reQuires the use
of a park facility (amphitheaters. basketba11/handball/tennis courts. baseball/football/soccer fields.
pools. etc.). Approval and/or pavrnent of all applicable rental fees must be made prior to the issuance
of the anv permit. (Parks reQuiring the pavrnent of applicable entrance fees and/or filming fees are
North Shore Open Space Park and South Pointe Park)
J. Production Deposits
For sorne productions a refundable $2.500 deposit will be reQuired for filming on public property.
This deposit is primarilv for those productions that will be in one location for a longer than usual
time period. and with elements of the production left at the site over several davs. The Film & Print
office shall have discretion to reQuire the deposit.
J. South Pointe Park
Applicants reQuesting the parking of vehicles within the picnic area of the park (west of the
boardwalk) are reQuired to be accompanied bv Off-Duty police personnel and must enter throul1h
the paved roadwav in the park and not bv crossing over the curve at the cul-de-sac on South Pointe
Drive (next to Penrod's). Additionallv. anv applicant reQuesting the parking of vehicles east of the
boardwalk must obtain a Vehicle Beach Access Permit.
K. Off-Duty Fire / Fire Rescue
The Off-Dutv Fire Coordinator must be contacted when the applicant reQuests the use of fire.
pvrotechnics. or will be performing stunts/activities (crashes. iumps. falls) that are considered life
threatening. The use of Off-Duty fire personnel is reQuired.
L. Off-Duty Police
Off-Duty police are reQuired on anv film production if the production personnel consists of five or
more people. or anv production in which the proposed activity is deemed bv the Film & Print Office
or the Police Department to present a potential hazard or inconvenience to the general public.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.5.
The Police Off-Duty Coordinator determines the minimum number of off-duty police personnel that
will be required and is responsible for the collection of all related fees. Requests for Off-Duty police
personnel should be received three business days prior to the production date to ensure the request
can be filled.
. Off-Dutv officers will be required for most residential neighborhood filming as discussed in the
Residential Neighborhood Filming section of these regulations. Print productions complete1v
contained on private residential property and not including anv large crews. outside set-ups or
other impact elements. mav be exempt from obtaining an off-duty officer.
. Off-Duty Police Officers first prioritv will be to address public safety related activities. as well
as providing security needs as thev relate to the production.
. Off-Duty officers working on a production are empowered to ensure execution of the pre-
approved site plan and/or film permit. Officers mav determine on-site modifications to the
permit when public safetv is an issue. Anv other changes made on-site should be done in
cooperation with officer( s) on-site and the Film & Print Office.
. Permittees are encoural1ed to disclose foreseeable labor/management disputes and other
controversial issues as relative to their proiect as it mav affect the City's ability to provide police
services.
. Applications for Off Duty must be received bv the Off Duty office a minimum of three business
davs prior to the date ofrequested service. The Off Duty office mav grant exceptions. and print
production may be exempt.
. Anv approved Off Duty requested that is cancelled by the Off Duty employer. must provide the
OffDutv office with a minimum oftwentv-four (24) hours notice of the cancellation. Failure
to provide twentv- four (24) hour notice will result in the Off Duty emp10ver being responsible
for the four (4) hour minimum for each emplovee scheduled plus the appropriate administrative
charges.
M. SANITATION DEPARTMENT
The Office of Arts. Culture and Entertainment will contact the Sanitation Department when the
relocation or removal of dumpsters/trash receptacles are necessarY and/or when the proposed
production activity interferes with regular trash collection. Please note that anv production that is
found illegallv dumping debris/trash will be fined. In addition. anv production leaving debris/trash
behind at anv production location will be billed for the time. labor and equipment used bv the
Sanitation Department to clean-up the area.
VI. CITY WIDE PERMITS
"City-Wide" permit includes the use of public prooertv (beach. parks. sidewalks etc) and exteriors
of the above listed facilities. However. the "City-Wide" permit does not allow the permit holder to
interfere with anv scheduled activities at anv location. A representative of these venues can request
that the permit holder stop all production activity and vacate the area immediate1v and permit holder
must prompt1v complv. Citv Wide permits mav be issued to print productions that are of a low-
impact/small scale. and film/TV productions also low impact/small in scale that do not exceed 5
people total.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.6.
VII. RESIDENTIAL NEIGHBORHOOD FILMING
Productions desiring to film in residential neighborhoods are required to obtain a permit.
Detailed below are the standard logistical requirements for oroductions of all sizes desiring to
obtain oermits in residential locations. No two oroductions are the same. and the Film & Print
Office mav require oroductions to meet additional requirements deoending on the nature and
scope of a production.
Productions that will require completed notification or signature forms are stronglv encouraged to
begin the notification and process of obtaining signatures at least one week in advance. Comoleted
signature forms are due to the Film & Print Office no less than 48 hours orior to start of production
on site.
English and Soanish language signature and notification forms are available through the Film &
Print Office and are mandatory for use bv production companies. These forms must be used bv all
productions. and shall be reviewed and aporoved bv the Film & Print Office before anv distribution.
A. Notification Forms/Reouirements:
. Notification to affected neighborhood(s) is required for residential location oroductions between
the hours of 7:00 a.m. and 10:00 p.m. weekdavs and 8:00 a.m. and 10:00 o.m. weekends.
*NOTE: Times denote load-in and 'tail-lights out' for all filming activity.
. Print productions mav be exemot from this requirement as long as the activity does not involve
large numbers of crew/talent. anv parking or equioment not located sole1v on orimarilv filming
propertv (within the home's prooerty). considerable equipment. special effects (e.g..
ovrotechnics. rainmakers. etc.) or activitv that will have a ootentiallv significant imoact on a
neighborhood. These oroductions would not be exempt from obtaining a permit.
. Mandatorv notification to the affected neighborhood should occur no less than 48 hours orior to
commencement of anv residential filming activitv.
. Notification forms must be distributed to all affected areas in a neighborhood. For oumoses of
the regulations. the affected neighborhood shall be determined bv the Office of Arts. Culture and
Entertainment. Notification must be orovided to residents within a minimum of 500 feet from
anv filming activitv and/or equioment parking. Some locations mav require additional areas of
notice.
. In certain instances. a oroduction mav be required to obtain signatures from the imoacted area
during normal filming hours (see the Signature Forms section of these guidelines).
B. Sitmature Forms/Reouirements:
. Signature consent forms from affected neighborhood residents will be required for residential
location filming between the hours of 10:00 p.m. and 7:00 a.m. weekdavs
. and 10:00 o.m. and 8:00 a.m. weekends. *NOTE: Times denote load-in and 'tail-lights out'
for all filming acti vitv.
. For residential location filming requests for extended hours between 10:00 p.m. and 1 :00
a.m.. signature consent forms from 60% of affected neighborhood residents must be obtained
FILM & PRINT REQUIREMENTS AND GUIDELINES
.7-
bv production.
. For residential location filming requests for extended hours between 1:00 a.m. and 7:00 a.m..
signature consent forms from 75% of affected neighborhood residents must be obtained by
production.
. Print productions mav request exemption from this requirement as long as the activity does not
involve large numbers of crew/talent. considerable equipment. special effects( e.g.. pyrotechnics.
rainmakers. etc.) or activitv which will have a potentiallv significant impact on a neighborhood.
. Signature approvals for residential location filming during normal hours will be required in
the case of exceptional filming activities (e.g.. gunfire. bullet hits. fire effects. explosions. car
crashes. arial filming. etc.) as determined bv the Film & Print Office based on an assessment
of impact to surrounding neighborhood. and/or anv situation in which the activities mav
present a public safety concern.
. In any instance where a production proposes to film at a residential location in excess of 14
consecutive davs. regardless of filming activitv. the production will be required to obtain
signature consent forms from 90% of affected neighborhood residents.
. Anv residential location that wishes to host in excess of 60 days of filming either
consecutivelv or within a 6 month period will require review bv an Internal Review Board
assembled bv the Citv Manager to review the request and set conditions for approval.
Requests for review must obtain the 90% signature approvals before coming before the
Internal Review Board.
. A resident's signature. printed name and address are required on each form.
. Original signature forms must be submitted to the Film & Print Office before a permit mav be
issued.
. For multi-dwelling units. approval signatures will be accepted from the property owner. manager.
condo association board of directors or individual unit owners/tenants. Signature consent forms
from individuals in multi- dwellings units must meet the same minimum percentages as outlined
above.
. A map created bv the production companv should be included with the original signature forms
upon deliverv to the Film & Print Office. This map should clearlv identify pertinent streets bv
name & block (i.e. 700 block) indicate all addresses requiring signatures. and clearlv show a site
plan for production including all essential equipment parking and anv catering plans.
. At those addresses at which signatures are required. the map submitted to the Film & Print Office
should indicate: approvals. refusals. obiections. and vacancies bv address. In the instance of a
failure to obtain a signature at anv given address. applicant must document to the Film & Print
Office as to the number of attempts at making contact.
. Signature forms must be distributed to all impacted areas in a neighborhood. Signature forms
must be provided to residents within 500 feet from anv filming activitv and/or equipment
parking. Some locations mav require additional areas of notice.
. At all times the Film & Print Office reserves the right to require the need for Signature forms
as a condition of the permit.
FILM & PIUNT REQUIREMENTS AND GUIDELINES
.8.
In recognition that anv production has the most impact on adiacent properties. the Film & Print
office will require a signature approval from those adiacent properties when a production
qualifies as an 'signature' level production. If one of the adiacent propertv owners do not wish to
consent. the production mav request that the Film & Print office activate the City's Internal
Review Board to review the production's request. The Internal Review board will have the
authoritv to approve the production's request after considering all circumstances including the
opinion of the adiacent propertv owner.
C. Internal Review Board
For the purposes described above. an Internal Review Board composed of representatives from the
following Citv of Miami Beach departments will be convened: Police Department. Code Compliance.
City Manager's Office. Arts. Culture & Entertainment. and the Parking Department. Other City
Departments will be brought into the Internal Review process as determined based on the scope &
impact of a particular proiect (Parks and Recreation. Beach Patrol. Building Department etc.). A
Board Member from the Production Industrv Council will also be included on the Internal Review
Board.
When the activation of an Internal Review Board is required. the Film & Print office shall
organize the meeting. Recognizing the often short timeJine productions must work within. all
efforts will be made to ensure that process is completed quicklv and with full representation of
all parties involved.
Please Note
. The Office of Arts. Culture and Entertainment mav determine that some locations require
additional areas of notification.
. Production mav elect to attach an additional letter with further information relating to the shoot
at their discretion.
D. Residential Parking
. Production vehicles arriving on location in or near a residential neighborhood shall not enter
the area before the time stipulated in the permit. and must park in approved areas one bv one.
turning off engines as soon as possible.
. Residential productions mav onlv arrange for immediate location parking of essential production
equipment. The parking of private cast/crew vehicles on public streets is prohibited at all times.
In all instances. arrangements should be made bv the production companv to legallv park
cast/crew vehicles on private propertv.legallv available spaces or shuttle personnel to set.
. All production vehicles on location must have a window placard on dashboard identifying the
production companv and/or proiect name.
. Several areas in Miami Beach are restricted to Residential Permit parking onlv. Mondav throu~h
Fridav 6:00 p.m. through 7:00 a.m.. and 24 hours Saturdav and Sundav. Productions in these
areas must make arrangements with the Police and Parking Departments to demarcate and secure
the necessary sites.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.9.
. When residential parking for a production is to be reserved demarcation using barricades or
traffic cones shall occur no less than 24 hours prior to filming.
E. CODE OF CONDUCT
The City of Miami Beach Code of Conduct for Film & Print Productions must be distributed with
all notification or signature approval forms. and crew should also be copied and made aware of the
Code of Conduct.
VIII. MORATORIA
The City Manager or his desil!11ee has sole discretion to place a temporarY moratorium on locations
and neig:hborhoods that have experienced 'bum-out' as a result of previous high volume or large
impact filming.
IX. ENFORCEMENT
. Permits shall be maintained at the site on which the photographv or filming occurs. Permits shall
be presented on the request of anv police officer or code compliance officer.
. Persons engaged in film and print activities without a permit. or otherwise in violation of a
permit. shall be subiect to enforcement bv City police or code compliance officers. through the
issuance of immediate cease and desist orders. the violation of which mav subiect the offender
to arrest. and/or enforcement as provided for in section 1-14 of this Code. and/or notices of
violation referred to Special Masters. who have authority to issue fines or enforce compliance.
as provided for in Chapter 30 ofthis Code. Police or code compliance officers will coordinate
enforcement with the Office of Arts. Culture & Entertainment. As an alternate and
supplemental remedv. the City may enforce this ordinance bv iniunctive relief in anv court of
competent iurisdiction. and in such circumstance the Citv shall be entitled to recover its
reasonable attorneys' fees and costs. For repeat offenders. the Manager or designee mav decline
to issue permits to such person or entity for one vear. or such other period as the Manager deems
appropriate.
IX. MISCELLANEOUS
. Cast/crew mav not trespass onto other neighbor's or merchant's propertv. All
personnel should remain within the boundaries ofthe property that has been permitted for
filming.
. Residents should never be prevented from accessing their street. driveway or home as a result
of film production except for brief periods when scenes are being shot.
. Production shall make everv effort to maintain minimal noise levels at all times. In the
performance of the filming activitv. vehicle engines and generators shall be turned off as soon
as possible. crew shall refrain from unnecessarY shouting and production radio volumes shall be
conducive to effecting communication without being obtrusive to the surrounding:
neilJ:hborhood. If complaints of excessive noise levels occur. a representative of the production
companv shall attempt to identify. correct and/or modify the noise source.
. Removing, trimming and/or cutting of vegetation or trees is prohibited unless approved bv
FILM & PRINT REQUIREMENTS AND GUIDELINES
.10.
the Film & Print Office and/or property owner.
. Productions mav not impede normal residential services such as garbage collection and street
cleaning without securing prior Citv approval.
. At no time mav production disrupt regular mail service.
. Arrangements for the removal of production generated refuse are the sole responsibility of the
production.
. When blocka~e of pedestrian right of wav is anticipated. productions must submit a site plan to
the Office of Arts. Culture and Entertainment for approval.
. Crossovers and/or non-slip rubber matting must be used to safelv cover all cables placed on
streets and sidewalks.
. When filming occurs where pedestrians who are not associated with the production will be
present. production representatives shall be stationed throughout the set in order to direct
pedestrians politely and safelv through or around set.
. Catering mav onlv occur in pre-approved areas. and mav not present anv safety hazard or public
nUisance.
. All smoking refuse must be properlv disposed of in marked 'butt-cans' or other specificallv
designated receptacles.
. Cast/crew mav not bring pets to location. unless part of the production.
. Signs utilized for the direction of cast/crew must be hung with plastic wrap (i.e.. vellow
"caution" tape) string or plastic coated wire. Signs that are not removed promptlv after
production mav be subiect to a fine.
. The Office of Arts. Culture and Entertainment mav required cast/crew to wear identification
badges when on location.
X. REVISIONS
Revisions to these Film and Print Regulations proposed bv Administration mav be apProved bv the
Citv Manager. City Manager mav determine that the nature ofa revision(s) is such that Mavor and
Commission apProval will be needed. in the form of a resolution.
XI. COMMUNITY
Miami Beach is proud of its communitv's spirit of giving and cooperation. We invite production
companies who film in Miami Beach to contribute leftover food and expendables to local non-profit
groups needing assistance. For a list of non-profit groups. please contact the Film & Print Office.
We appreciate any efforts vou make to assist our community in better understanding the production
process. The Film & Print Office will assist in facilitating appointments for members of your cast
or crew to talk to students in local schools and meet with members of our community.
The Citv of Miami Beach is undergoing an extensive effort to improve qualitv of life in our
residential neighborhoods. Productions are encouraged to consider assisting in these neighborhood
initiatives. Ifa production is capable of making lasting contributions to the community. the City
would be happv to help facilitate these efforts.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.11.
XII. OTHER GOVERNMENT AGENCIES
A. Miami-Dade County Beach Maintenance
Miami-Dade Countv Beach Maintenance must be contacted when the applicant requires the beach
to be raked and cleaned prior to the regular scheduled maintenance or when the applicant's presence
on the beach may interfere with the regular scheduled maintenance. (Beach Maintenance: 305/868-
7075)
B. Florida Department of Transportation
Contacted when the applicant will be filming on State roadwavs (MacArthur Causewav. Aurthur
Godfrev Road. Julia Tuttle Causewav. Alton Road. Fifth Street. Collins Avenue north of 5th Street.
Indian Creek Drive) that are within the Citv's boundaries but are under the iurisdiction of the State.
If the apt>licant will be interfering with the normal flow of vehicular traffic on these roadwavs. a
State permit rnust be obtained in addition to the Citv's permit and the use of City of Miami Beach
Police Off-Dutv personnel is mandatorv. (FDOT: 305/470-5368)
C. Miami Dade County Turtle Prol!:ram
It is turtle nesting season each vear April through October and activities on the beach may be subiect
to additional conditions. (For more information. please contact Bill Ahern or Jim Hoover at
Hauloyer Beach Park. 305/947-3525).
XIII. ASSOCIATIONS & PROPERTY OWNERS
A. Mercantile Associations
Contacted when the applicant requires the use of anv portion of a citv block in such a manner that
mav interfere with dailv business operations and/or pedestrian/vehicular rights-of-wav.
B. Individual/Commercial Property Owners
Contacted when the applicant requests the use of public Property (e.g.. sidewalk. curb. loading zone.
parking meter. allevwav. park area. median. roadwav. etc.) directly in front. behind. across or next
to a specific parcel of non-public propertv and/or when the individual/commercial property will
appear in the production. When an individual/commercial property will appear prominentlv in anv
production. written approval from the Property may be required before a permit is issued.
Confirmation from these departments. associations and property owners must be obtained by the
ap1;Jlicant. All confirmations and/or additionallv required permits will be verified bv the Film &
Print Office prior to the issuance of any permit.
FILM & PRINT REQUIREMENTS AND GUIDELINES
.12.
XIV. SUMMARY
Because no two requests are the same (due to the creative nature of the entertainment industrY) it
may be necessary to impose additional requirements. The best guideline is courtesv to the Miami
Beach community. Proper planning and notification is the kev to anv successful production. No
matter the size of the production. all parties are encouraged to contact the Film & Print Office as
soon as thev know about anv proiects scheduled in the Citv of Miami Beach.
P:\INPO\$ALLIALEXlS\ORlGINAL DOCUMENTS\GUIDELINES2.doc
FILM & PRINT REQUIREMENTS AND GUIDELINES
- 13.
EXHIBIT B
Letters of Support
Film & Print Ordinance
May 28,2001
4 Letters to Follow:
. Miami Beach Production Industry Council
. Florida Film Commissioner
. Miami-Dade Office of Film & Entertainment
. Association of Independent Commercial Producers
(AICP)
CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami Beach, FL 33139
http:\\ci.miami.beach.ft.us
City of Miami Beach, Production Industry Council
Alan Randolph, Chair
Tammy Green
John Bilboa
Pam Gardiner
Ken Lorber
Greg Schelnman
Totty Salzarbltorla
Jeff Peal
Alexis Edwards
February 13, 2001
Staff:
Dennis Leyva
To the City of Miami Beach Mayor and Commission,
As chair of the Production Industry Council, and on behalf of the entire committee, we strongly
recommend the adoption of the Film and Print Guidelines before the Commission. These
guidelines are key to fostering the continued strength of this vital Miami Beach industry.
The Production Industry Council endorses the efforts of the Office of Arts, Culture and
Entertainment in the hard work and consideration that has gone into the development of the
guidelines. We applaud the consensus building efforts that the Office has encouraged throughout
the development of these guidelines, and we believe that upon review the Commission will also
appreciate the efforts rnade to involve and empower those affected communities.
We strongly recommend the Mayor and Commission adopt these guidelines through the
Ordnance and Resolution now before you, and we hope that you will continue to allow us to
work with the Commission in bringing these positive and proactive efforts to fruition.
smwelYflR)~
JJitdOlPh
Chair, The Production Industry Council
ALEXis\Plaguidelinesmemo.doc
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STATE OF FLORIDA
@ffice of tly.e ~o.&.ernnr
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TIlE CAPITOL
TALLAHASSEE. FLORIDA 32399-0001
JEB BUSH
GOVERNOR
October 17,2000
Mr. James Quinlan
Director, Office of Arts, Culture, and Entertainment
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr.Quinlan:
Thank you for providing the Office of the Film Commissioner with Miami-Beach's new Film and Print
Regulations. As an industry stakeholder who has supported the development of this initiative over the last
year, it gives me great pleasure to fully endorse the implementation of these Regulations. As a crown
jewel in Florida's production economy, the City of Miami Beach continues to be one of Florida's most
sought filming locations. I applaud your community's efforts in taking a proactive lead in developing
production incentives and policies that are designed to balance the needs of both Florida's production
community, as well as it's business and residential constituents.
The development of the Miami Beach Film and Print Regulations has been a process of inclusion, one
that reflects the partnership and commitment to service that the Miami Beach Office of Arts, Culture, and
Entertainment so readily exemplifies. We look forward to working with you and your staff on the
continued development and implementation of a pro-active, long-term policy that will support the growth
of Florida's motion picture and television industry. Ifmy staff or I can be of assistance to you in the
future, please do not hesitate to contact us toll-free at 877-352-3456.
Respectfully yours,
#~..
Rebecca Dirden Mattingly
Florida Film Commissioner
Cc: Alexis Edwards, Film & Print Coordinator.
FI L:\'f
~
- ~.-
~.
MAYOR'S OmCE OF FILM & ENTERTAINMENT
MIAMI-DADE COUNTY
111 N.W. 1st STREET. SUITE 2540
MIAMI, FLORIDA 33128-1902
305.375.3288
FAX: 305.375.3266
www.fi1miami.org
ell fer! II ill III ell !
November 3, 2000
Ms. Alexis Edwards
Film and Print Coordinator
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
~~:50
Dear ~cfwards: '.
I am writing in support of your efforts to introduce a level of municipal control over
filming in residential neighborhoods in Miami Beach, while at the same time
balancing the needs of our growing filmed entertainment production industry. I think
you have all done a wonderful job of building support for these efforts through
extensive meetings with all the various constituent groups: homeowners, municipal
agencies, and industry representatives.
It was our pleasure to collaborate in this effort, and we look forward to seeing the final
result pass the City Commission and be put into effect. If these residential filming
permit procedures work as well as I expect they will, it is likely that we will use your
process as a model for adoption of similar procedures on a County-wide basis.
If I can be of any service to the City of Miami Beach as it moves forward with this
important initiative, please don't hesitate to contact me.
6"iP J--
Jeff Peel, Director
Mayor's Office of Film & Entertainment
.
7415 SW 56do Ave.
Miami, Fl. 33143
30S-666-2528/fAX 305-666-4539
FLORIDA
at)' of Miami Beach
Of nee of Ans, Culture, and Entertainment
1700 Convention Center Dr.
Miami Beach, Fl. :J:J 139
November 1, 2000
To whom it may concern:
lAlt this letter serve to confirm that the Board oftbc Florida chapter ofthe Alel' (Association of
Independent Commercial Producers) ha.~ met and voted to support the efforts and guidelines for
permitting being set forth by your office.
Best Reganls,
..;1/ ~ .
" ,".'-'.. '
::d;:~/~ ~.
~simo MBrtinolti
President. Florida Chapter
MMlpm
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the
City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, April 18, 2001, at the times listed below, to
consider the adoption of the following ordinances:
at 10:45 a.m.,
AN ORDINANCE CREATING DIVISION 6 TO BE ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI ENTITLED "PROCUREMENT" OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION" BY ESTABLISHING A LIVING WAGE REQUIREMENT FOR CITY
SERVICE CONTRACTS AND ESTABLISHING A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Human Resources at (305) 673-7524.
at 11:15 a.m.:
AN ORDINANCE CREATING CHAPTER 12, ARTICLE II OF THE MIAMI BEACH CITY CODE TO BE ENTITLED "SPECIAL
EVENTS", CREATING SECTION 12-5, ENTITLED "SPECIAL EVENTS PERMITS", ESTABLISHING PROCEDURES AND
CRITERIA FOR THE MANAGEMENT OF SPECIAL EVENTS PERMITS; AUTHORIZING THE CITY MANAGER OR THE
MANAGER'S DESIGNEE TO ISSUE, MODIFY, OR REVOKE SPECIAL EVENTS PERMITS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; AMENDING SECTION 46-156(A) CONCERNING TEMPORARY NOISE PERMITS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
at 11:30 a.m.: ~
AN ORDINANCE CREATING CHAPTER 12, ENTITLED "ARTS, CULTURE & ENTERTAINMENT", AND ARTICLE I,
ENTITLED "FILM AND PRINT PRODUCTION", IN THE MIAMI BEACH CITY CODE, CREATING SECTION 12-1,
ENTITLED "PERMITS FOR FILM AND PRINT PRODUCTIONS", ESTABLISHING PROCEDURES AND CRITERIA FOR THE
ISSUANCE OF PERMITS FOR FILM AND PRINT PHOTOGRAPHY IN THE CITY; AUTHORIZING THE CITY MANAGER OR
THE MANAGER'S DESIGNEE TO GRANT FILM AND PRINT PERMITS; PROVIDING FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 46-156(A) CONCERNING TEMPORARY NOISE PERMITS; PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
Inquiries may be directed to the Arts, Culture and Entertainment at (305) 673-2787.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 2B6.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter considered
at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no later
than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired, telephone the Florida Relay Service numbers, (800) 955-B771 (TDD) or (800) 955-8770
(VOICE), for assistance.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 'L '1,b~ 0 \
DATE: April 18, 2001
Mayor Neisen O. Kasdin and
Members oftbe City Commission
Jorge M. Gonzalez \l~
City Manager U (j SECOND READING - PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA CREATING
CHAPTER 12, ENTITLED " ARTS, CULTURE &
ENTERTAINMENT," AND ARTICLE I, ENTITLED "FILM AND
PRINT PRODUCTION," IN THE MIAMI BEACH CITY CODE,
CREATING SECTION 12-1, ENTITLED "PERMITS FOR FILM
AND PRINT PRODUCTIONS," ESTABLISHING PROCEDURES
AND CRITERIA FOR THE ISSUANCE OF PERMITS FOR FILM
AND PRINT PHOTOGRAPHY IN THE CITY; AUTHORIZING
THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO
GRANT FILM AND PRINT PERMITS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; AMENDING SECTION 46-
156(A) CONCERNING TEMPORARY NOISE PERMITS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on Second and Final Reading.
ANALYSIS:
The Production Industry, which comprises film, television, fashion, industrial, new media and still
photography, has been served by the City of Miami Beach through its Film and Print Division for
thirteen years. During this time, the production industry has grown to be one of the City's leading
industries, with 1999 estimated to have brought $65 Million dollars to the City's economy. Through
the administration of the City Manager, and under the direction of the Office of Arts, Culture &
Entertainment, the Film and Print Division currently grants these permits.
AGENDA ITEM R... S" F
DATE ~-IS--PI
Film and Print Ordinance
April 18, 2001
Page 2
This Ordinance will codifY the authorization of the City Manager or his designee, the Office of Arts,
Culture and Entertainment or the Film and Print Coordinator, to grant permits for film and
photography productions in Miami Beach.
The Office of Arts, Culture and Entertainment's Film & Print Division is responsible for facilitating
compatible production and, with the oversight of the City Manager's office, issues film and print
permits. The office serves the needs of the City's thriving production community while safeguarding
the City's businesses and neighborhoods. The Film and Print Division issues close to 2000 permits
each year and is an information resource to productions, businesses and residents alike.
Formal codification of the Film and Print permit process is important to the growth and sustainability
of this important City of Miami Beach industry. This Ordinance was approved at first reading at the
March 28, 2001 Commission meeting.
DRAFT FILM & PRINT GUIDELINES
In order for the City of Miami Beach to successfully foster stability and growth in Film and Print
Production within its borders it is necessary to codifY guidelines that serve to define terms and
conditions in which Film and Print Production may occur. The creation of these guidelines, and the
sections that relate to residential filming, were accomplished in consultation with representatives of
the City's constituents, government officials and Production Industry leaders. By including this
content input, all parties can claim ownership of these guidelines and these guidelines in turn will
allow for the successful development of a highly competitive and attractive market for film
production. All of these parties recognize the long-term value of managing and promoting this
industry, and proactively encouraging its continued growth.
The Film & Print guidelines have evolved to answer the changing needs of our production industry,
community residents and businesses. Current administrative guidelines outline insurance, indemnity
and application requirements, basic requirements for Police and other municipality services, do's and
don'ts of filming, restrictions and requirements. The new proposed guidelines expand on this policy
by including requirements for residential production requests as well as more detailed enforcement
policies.
These guidelines have been designed to allow the City flexibility in the coordination of productions.
Rarely are productions "cookie cutter" in nature, and flexibility in the review and approval process
allows us to be proactive and responsive in accommodating the varying needs of this industry.
Standard Requirements
· Individuals or businesses that wish to conduct commercial film, television, video and
photography projects must obtain a Film & Print permit from the City of Miami
Beach.
· Film & Print permits are required for commercial productions located on public
property and residential zoned properties.
· Activities taking place on private (commercially zoned) property may not require a
permit, as long as those activities (including vehicles) are completely self-contained
on the property.
· Any activities that require city services require a Film & Print permit.
Film and Print Ordinance
April 18, 2001
Page 3
COMPARISON TO OTHER MARKETS
Every location trying to attract and support the production industry has policies in place to regulate
and coordinate projects. The Los Angeles area has the longest track record with production
management, while cities like Chicago, Seattle and New York all actively recruit projects and
regulate those projects to the benefit of their markets. Location requirements include the same
fundamental elements: 1) Insurance and other liability documentation requirements 2) submission
deadlines 3) project coordination with location 4) enforcement 5) City services coordination 6)
location management.
In the development of these guidelines, and with the addition of residential permitting, policies were
reviewed and compared from other municipalities (Seattle, San Francisco, Pasadena, West
Hollywood, Chicago, New York) for language and process. In addition, advisory assistance from
the City of Miami Beach Production Industry Council and the Miami-Dade Office of Film &
Entertainment was obtained.
FISCAL IMPACT
The positive fiscal impact this industry has on Miami Beach is recognized as a leading contributor
to the local economy. Below is a brief fiscal overview:
. $65 million in annual budgets were brought to Miami Beach in 1999 and 1,936 permits
were issued
. $61 million in annual budgets brought to Miami Beach in 2000 and 1,666 permits were
issued
. In the past two years, vehicle beach access fees ($150 per day/per vehicle) have exceeded
$33,000 each year.
. The City's strong 'location' driven industry has also lead to companies locating in Miami
Beach
FashionIPrint Film
Companies 38 Companies 10
Employees 350 Employees 96
Operating Budgets $34 million Operating Budgets $11 million
Music New Media
Companies 29 Companies 22
Employees 398 Employees 778
Operating Budgets $60 million Operating Budgets $64 rnillion
Production TV/Cable
Companies 24 Companies 13
Employees 386 Employees 487
Operating budget $27 million Operating Budgets $56 million
Source: Miami Beach Economic Development Department
Miami Beach must proactively work to retain the level of production happening year round. With
competition from other locations in the US and Internationally, and with factors such as trends,
financial markets and weather all having impact on Miami Beach's production industry, it is
necessary to be actively working to nurture the industry. The industry as a whole acknowledges that
Film and Print Ordinance
April 18, 2001
Page 4
it isn't enough to rest on our laurels, but rather Miami Beach must continue to evolve and mature to
meet the challenge of attracting world class productions to the City.
FEES
The City of Miami Beach does not charge a permit fee for the issuance of a Film and Print permit.
The City has never charged a permit fee, and the industry's perception of this is overwhelmingly
positive. While a few municipalities such as Coral Gables and Golden Beach charge an
administrative fee for issuing permits, the net result is the discouragement of productions.
Miami Beach through beach access fees, fees to North Shore Open Space Park and police department
administrative fees has created revenue to offset administrative expenses without imposing a permit
fee. The administration recommends that the permits continue to be issued free of charge.
Some Regional Fees:
. Miami-Dade County Film Office, City of Miami, Miami Beach and Bal Harbor do not
charge a permitfee
. $100 Miami Shores (per permit)
. $100-$500 Golden Beach (per day)
. Coral Gables $125-$250 per location/per day
PROCESS
The City of Miami Beach has been experiencing growth with respect to the entertainment Industry.
This growth has resulted in considerable economic benefit to the community and has also created
new management challenges. Accordingly, these updated guidelines address the way in which the
City's constituents needs are addressed and integrated into the activity of the Film and Print
production community.
Residential filming has recently become an issue as a direct result of the City's absence frorn the
process and lack of coordination of productions. The current county code, which the City follows,
prohibits residentially zoned areas from being permitted for film and print productions as they will
be considered commercial businesses. Despite this, residential filming occurs regularly within Miami
Beach and is a key to the desirable locations this City offers.
In the development and review of this new permitting purview consensus has been built between
City officials, Miami Beach residents and, industry professionals. Below please find a list of these
outreach efforts:
. Industry Roundtables were conducted to discuss issues of concern to the Film and Print
industry
. Approximately 100 copies of draft guidelines were sent to industry professionals for
comments
. Niunerous rneetings were held with City of Miami Beach Code, Legal, Planning and
Police departments and the Production Industry Council for review and input.
. Resident/Neighborhood response: Five publicly noticed resident meetings were held and
listed in the newspaper, invitations to these meetings and to become involved in the
process were sent out to homeowner/neighborhood associations (list from city clerk) and
100 individuals (from GO Bond meetings list). From these meetings the office received
phone calls, emails and written comments. In speaking with residents we found that the
Film and Print Ordinance
April 18, 2001
Page 5
. majority seemed comfortable with the proposed permit process upon review of the
guidelines with City representatives. It should be noted that many of the Beach's
production industry professionals are themselves residents of Miami Beach and are very
aware of protecting quality of life.
. The Neighborhoods Committee of the Commission also convened to review the proposed
Guidelines. Their suggestions regarding more detailed enforcernent language, detailed
internal review board language and more definition for adjacent filming property
approvals were incorporated into the guidelines.
We requested and received written comments from residents and industry professionals. Internal
review and revisions have been made throughout the process of developing the proposed guidelines.
We have received written letters of support have been received from The Miami Beach Production
Industry Council, The Miami-Dade Mayor's Office of Film & Entertainment, The State Office of
the Film Commissioner and, the Association ofIndependent Commercial Producers.
HIGHLIGHTS OF GUIDELINE CONTENT
CITY SERVICES
Upon receipt of the completed permit application or written request, the Film & Print office will
determine which City services will be required. The City will determine minimum staffing levels
appropriate for the proposed production(s). Because no two production requests are the same,
requirements may vary for each production.
VEHICLES ON THE BEACH
The applicant is required to obtain a Vehicle Beach Access Permit (VBAP) from the Film & Print
office in addition to the regular film/print permit. The day rate of$150.00 per vehicle per day must
be paid prior to the issuance of any VBAP. Request and payment for vehicle access to the beach
should be received no later than 24 hours in advance of the production date. The use of Off-Duty
police is required to escort vehicles to and on the beach.
PARKING
Most productions require some level of parking arrangements. When an applicant requires use of
on-street meters or parking spaces in City parking lots/garages, arrangements must be made with the
City Parking Department. Due to the high demand for parking spaces in the City of Miami Beach,
the Parking Department will only rent parking meters for vehicles essential to production and/or to
clear parking spaces for the production (no visible vehicles in the shot). Crew parking arrangements
may be made which utilize city lots and garages. All production vehicles must park in legally
designated parking spaces and/or lots. Vehicles parked in unauthorized areas (e.g., handicapped
spaces, loading zones, fire lanes, alleyways, lanes of traffic, unlicensed lots, residential zones, etc.)
without specific authorization will be fined and/or removed.
Parking requests within residential neighborhoods must be approved by both the Parking Department
and the Film & Print department. Productions may arrange for immediate location parking of
essential production vehicles only, and must have a window placard or dashboard signage
identifYing the production company and/or project name. For those areas restricted to residential
permit parking, productions will work with Parking and Police to demarcate and secure the necessary
sites. Additional requirements are detailed in the guidelines.
Film and Print Ordinance
April 18, 2001
Page 6
OFF-DuTY POLICE
Off-Duty Police are required on any film production if the production personnel consists of five or
more people, for any production in which the proposed activity is deemed by the Film & Print Office
or the Police Department to present a potential hazard or inconvenience to the general public. The
Police Off-Duty Coordinator determines the minimum number of Off-Duty Police personnel that
will be required and is responsible for the collection of all related fees. Requests for Off-Duty Police
personnel should be received three business days prior to the production date to ensure the request
can be filled.
RESIDENTIAL NEIGHBORHOOD FILMING
All productions that want to film in residential neighborhoods are required to obtain a permit. As
no two productions are the same, the Film & Print Office may require productions to meet additional
requirements depending on the nature and scope of the production.
Depending on request from a production, they may be asked to notify or obtain signatures from
surrounding property owners/residents. For the signature approval process, there are differing
percentages of signed approvals required depending on potential impact to the surrounding
neighborhood and upon determination by the Film & Print Office. Productions can range from being
required to obtain 60% to 90% neighborhood signature authorizations depending on the scope of the
project. City approved notification and signature forms are made available in both English and
Spanish.
~ All print productions are required to obtain a permit. Notification and/or signature forms may
not be required if productions are completely contained on private property, no extended hours or
noise/impact activities are expected, and upon review by the Film & Print office.
~ All film productions are required to obtain a permit. Notification or signature forms will be
required depending on the scope and size of the production. Notification must be given a minimum
of 48 hours prior to start of production. Signature forms are due into the Film & Print Office, with
a detailed site map, no later than 48 hours prior to production start.
Notification forms are primarily intended for smaller productions, working during regular hours
(7:00am - 10:00pm) that are completely contained on private property/location and where the
production is determined to have a very limited (if any) impact on surrounding residents.
Signature forms are required when any production desires:
. Filming outside normal hours; as the hours requested at a residential location increase, a greater
percentage of residential authorization signatures are required.
. Any production that involves large crew/talent, considerable equipment, special effects or
activity which will have a potential significant impact on the neighborhood.
. Exceptional filming activities (e.g., gunfIre, bullet hits, fire effects, explosions, car crashes, aerial
filming) require a high level of signature approvals.
. In any instance where a single production will be at a location for 14 consecutive days or longer.
~ The City of Miami Beach Code of Conduct for Film & Print Productions must be distributed with
all notifIcation and/or signature approval forms.
_ ._-:"'---=-=-T"':--=-"1"_--=-3-~-:;':--n:T~--
. Persons engaged in film and print activities without a permit, or otherwise in violation
of a permit, shall be subject to enforcement by City police or code compliance
officers, through the issuance of immediate cease and desist orders, the violation of
which may subject the offender to arrest, and/or enforcement as provided for in
section 1-14 of this Code, and/or notices of violation referred to Special Masters, who
have authority to issue fines or enforce compliance, as provided for in Chapter 30 of
this Code. Police or code compliance officers will coordinate enforcement with the
Office of Arts, Culture & Entertainment. As an alternate and supplemental rernedy,
the City may enforce this ordinance by injunctive relief in any court of competent
jurisdiction, and in such circumstance the City shall be entitled to recover its
reasonable attorneys' fees and costs. For repeat offenders, the Manager or designee
may decline to issue permits to such person or entity for one year, or such other
period as the Manager deems appropriate:
ENFORCEMENT
From the language of the Ordinance:
. Permits shall be maintained at the site on which the photography or filming occurs.
Upon the request of any police officer or code compliance officer of the City, the
owner, lessee of the property or representative of the Production Company, shall
produce such permit for inspection.
COMMUNITY
Miami Beach is proud of its community's spirit of giving and cooperation. We appreciate any efforts
made by production companies to assist our community in better understanding the production
process. The City ofMiamj Beach is undergoing an extensive effort to improve quality oflife in our
residential neighborhoods. Productions are encouraged to consider assisting in these neighborhood
initiatives as a gesture of goodwill.
MORATORIA
The City Manager or his designee has sole discretion to place a temporary moratorium on locations
and neighborhoods that have experienced 'bum-out' as a result of previous high volume or large
impact filming.
During the initial stages of our permitting of private/residential properties the Film & Print Office
shall actively engage a program of monitoring and follow up to gauge the process's success. The
office shall poll both productions and residents to determine how the program is working, how
productions are doing with compliance and, how neighborhoods are accommodating productions.
This process shall continue throughout the permitting of residential properties, and is used currently
by the Film & Print office for larger film analysis. Postproduction meetings have helped the Film
& Print office to take steps to improve the City's service to the industry and residents.
Film and Print Ordinance
April 18, 2001
Page 7
Film and Print Ordinance
April 18, 2001
Page 8
SUMMARY
In order for the City to successfully foster the continued growth of film, television and photography
production it is necessary to adopt a process, criteria and regulations that establish the terms and
conditions by which film and print productions may occur. The proposed Film and Print Guidelines
were developed over the past 10 years and in consultation with representatives of the production
industry, government officials and neighborhood representatives. The proposed Film and Print
Regulations have been endorsed by the Association ofIndependent Commercial Producers (FL), The
Office of the State Film Commissioner, The Miami Beach Production Industry Council and The
Miami-Dade Office of Film and Entertainment. The adoption of this Ordinance, and following the
adoption of the Resolution will allow for the continued development of a highly competitive and
attractive market for film and print production, while balancing the interests of the Miami Beach
residential and business communities.
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