For several months the Administration has been gathering input from upland property owners and concessionaires, hotel and condominium management, City-contracted concessionaries, the City Attorney’s Office, the Environment and Sustainability Department, and Ocean Rescue Division to provide updates to the Rules and Regulations. The Administration also sought engagement from key stakeholders, including neighborhood associations, and Miami-Dade County to gather relevant feedback to incorporate into the Sixth Amendment to the Beachfront Concession Rules and Regulations.

As a result of gathering information from multiple sources and a close review of the Fifth Amendment to the Rules and Regulations great consideration was given to each of the concerns raised by Commissioner Alex Fernandez in his referral of this item and from all stakeholders. The following are a few revisions that have been contemplated in the proposed amendment.

• Considerable edits to the “Workable Concession Area” section which dictates beach area available for use and enjoyment. The proposed amendment will require Concessionaires expand areas available for the public.  Currently there is a distance or clearance of five (5) feet between their Concession workable area and the neighboring Concession workable area. The proposed amendment for two neighboring concessions would provide a ten (10) foot wide area between concessions in addition to a ten (10) foot clearance east or in front of their first row of chairs and the previous high waterline for public use.

• A clause regarding clarifying naming additional properties has been provided. Additional properties which utilize the beachfront and amenities behind any given upland property is limited only to those located within the city limits of Miami Beach. Requests to become additional properties of some Beachfront hotels have been received from City of Miami establishments.

• In addition to these measures, the approximate acreage of Beachfront in Miami Beach is 167.99 acres. The total number of acres under private and City concession agreements is 57.74 acres. The number of acres fully available for use by the public is 110.25 acres. This is inclusive of all properties which: i) do not operate a concession, ii) all properties which are currently closed for construction, iii) the 10-foot clearance in front of Concession and 10-foot clearance between each concession operation, and iv) street ends where there is no lifeguard tower.

Additionally, the following items have also been updated in the proposed Sixth Amendment:

• Centralizing rules and regulations for Food Truck concessionaires
• Providing guidance for creating “Children’s Play Areas” (proper security, parental supervision, etc.)
• Providing guidance for use of private watercrafts (specifically jet-skis and wave runners)
• Providing clear guidance for placement of chairs (with reference to mean water line)
• Required language for the Beach Safety Rules
• Required language for the Concessionaire Acknowledgement and Authorization
• Updates to Rate and fee schedules

Collectively, the information gathered from all stakeholders provided a holistic roadmap to address the revisions needed for the Sixth Amendment to the Rules and Regulations. On July 10, 2023, an informational workshop was held to review the proposed changes. A copy of the draft amended Rules and Regulations was distributed to over 140 stakeholders prior to the session. The workshop clarified material terms and provided a productive discussion with positive feedback on the proposed modifications.