Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 9.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: February 26, 2024
TITLE:

AMEND THE LAND DEVELOPMENT REGULATIONS TO EXEMPT STI TESTING FROM THE RESTRICTIONS IN THE CITY'S MEDICAL USE REGULATIONS, IN ORDER TO INCREASE THE AVAILABILITY OF STI TESTING AND MITIGATE THE RECENT SPIKE IN HIV AND OTHER STI TRANSMISSIONS IN MIAMI BEACH

HISTORY:

On January 31, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item (C4 E) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.

As noted in the attached referral memo, according to recent data, Miami-Dade County now ranks No. 4 in the country for total human immunodeficiency virus (HIV) cases by county. By rate of transmission, Miami-Dade County ranks No. 17 nationally, with 1,190 people diagnosed with HIV per 100,000 people. Additionally, the HIV "hot spots" in Miami-Dade County include zip code 33139, which covers all of South Beach. This public health crisis disproportionately impacts the LGBTQ community and people of color.

In response to the rising rates of transmission, the item sponsor has requested that the LUSC discuss amending the Land Development Regulations of the City Code (LDRs) to exempt sexually transmitted infection (STI) testing from the restrictions in the City's medical use regulations, particularly in commercial, mixed-use, and multifamily districts.

ANALYSIS:

Medical uses are regulated pursuant to Section 7.5.5.1 of the LDR’s, entitled Assisted Living and Medical Uses. This section divides medical uses into classes and the classes of medical uses that are allowed in specific zoning districts. Currently STI testing is considered a Class I medical use, as part of a retail clinic or medical office, and a Class II medical use, as part of a laboratory or health care clinic. Class I medical uses are allowed in all zoning categories except RS, TH, RM-1, R-PS1, RMPS-1, and R-PS2 districts. Also, as a Class 1 medical use, STI testing can only be permitted as part of a medical clinic or office.

Subsection 7.5.5.1.c of the LDR’s designates uses that are exempt from regulation as a medical use. For STI testing to take place outside the confines of a medical facility, this section could be amended to exempt STI testing, within certain areas, as follows:

c. Exempt uses.

The following medical sub-uses, which, unless otherwise noted, service individuals in their place of residence, shall be exempt from the regulations of this division:
1. Health care services pool.
2. Home health agency.
3. Home medical equipment provider.
4. Homemaker and companion services.
5. Home hospice service.
6. Massage therapist.
7. Portable x-ray provider.
8. Pharmacies.
9. Medical cannabis treatment centers.
10. Sexually transmitted infection (STI) testing services, within a place of residence, as well as within multi-family, commercial and mixed-use districts.

Additionally, it is recommended that a definition for “Sexually transmitted infection (STI) testing service” be provided within Section 1.2.2.9 of the LDRs, which establishes definitions for specialized uses, as follows:

Sexually transmitted infection (STI) testing service means a service provided by medical professionals to provide individuals with diagnoses of sexually transmitted infections.
If there is consensus on these, or other revisions to the LDRs discussed by the LUSC, an ordinance can be drafted and brought before the Planning Board.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board and City Commission.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Departments

Planning
ATTACHMENTS:
DescriptionType
REF C4EMemo