Since 1997, the City Charter has reflected the express mandate of the voters of the City of Miami Beach that a heightened approval requirement should apply to any increase in a property’s zoned floor area ratio (FAR), the method the City uses to regulate the size of a building.  

Specifically, prior to amending the City’s Land Development Regulations to increase a property’s FAR, for many years, the City Charter has first required approval of the proposed FAR increase by a majority of the voters voting in a City-wide referendum. If voters approve a proposed FAR increase, the FAR increase would thereafter be implemented via adoption of a City Land Development Regulation, on a 5/7th vote of the City Commission. 

Recently, on May 2, 2023, following approval by the Florida House of Representatives, the Florida Senate enacted Senate Bill 718, with significant new restrictions on zoning by referendum (the “New Bill”). The New Bill, if signed by the Governor, would take effect on July 1, 2023. 

The New Bill provides that, except under very limited circumstances, “a referendum process in regards to any land development regulation is prohibited.”  As the City Charter cannot conflict with State law, the New Bill will likely narrow the applicability of the City’s voter referendum requirement for FAR increases.  I understand that the City Attorney’s Office is preparing a detailed memorandum addressing the impacts of the New Bill on relevant provisions of the City Charter.  

In anticipation of the New Bill restricting the City’s ability to place many proposed FAR measures on the ballot, I would like the Ad Hoc Advisory Charter Review and Revision Board to consider whether the City Commission should amend the current 5/7th City Commission voting requirement for adoption of a Land Development Regulation, to require a 6/7th vote of the City Commission for adoption of any future Land Development Regulation that includes an FAR increase.