AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “TAXATION,” BY AMENDING ARTICLE V, ENTITLED “LOCAL BUSINESS TAX,” BY AMENDING SECTION 102-377 THEREOF ENTITLED “PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES,” BY ESTABLISHING A MODIFIED PENALTY AND ENFORCEMENT PROVISION WHICH DELINEATES MONETARY FINES AND CRIMINAL PENALTIES; BY CREATING SECTION 102-386 THEREOF TO BE ENTITLED “PROPERTY OWNER’S RESPONSIBILITIES REGARDING LEGALLY PERMISSIBLE TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF RESIDENTIAL PROPERTY,” BY PROHIBITING PROPERTY OWNERS FROM ADVERTISING THE TRANSIENT RENTAL OR OCCUPANCY OF A RESIDENTIAL PROPERTY WITHOUT THE SUBMISSION OF AN AFFIDAVIT TO THE CITY, BY REQUIRING THE AFFIDAVIT TO CONFIRM THAT THE LAND DEVELOPMENT REGULATIONS AUTHORIZE TRANSIENT RENTAL AND OCCUPANCY; AND ENSURING THAT THE PROPERTY OWNER OBTAINS COMPLIANCE WITH THOSE PROVISIONS SET FORTH WITHIN CHAPTER 102, THE AMERICAN DISABILITIES ACT, THE FLORIDA FIRE PREVENTION CODE AND THE FLORIDA BUILDING CODE; AND BY FURTHER REQUIRING WRITTEN AUTHORIZATION FROM THE CONDOMINIUM ASSOCIATION FOR THE TRANSIENT RENTAL OR OCCUPANCY OF THE RESIDENTIAL PROPERTY OR UNIT; AND REQUIRING NOTIFICATION TO PROSPECTIVE GUESTS BY PROPERTY OWNERS THAT OPERATE INDEPENDENTLY OF THE PRIMARY HOTEL OPERATOR; AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF THIS SECTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

Commissioner Joy Malakoff and Commissioner John Elizabeth Alemán have proposed an ordinance amendment to Chapter 102, by creating Section 102-386 that will be titled “Property Owner’s Responsibilities Regarding Legally Permissible Transient Rental and Occupancy (Short Term) of Residential Property.” Commissioner Michael Grieco has sought to be a co-sponsor of this Ordinance at the July 13, 2016 Commission Meeting, which co-sponsor request was formally approved on July 13, 2016. The proposed ordinance was intended to prohibit property owners from advertising the transient rental or occupancy of a residential property without the submission of an Affidavit to the City. The Affidavit provision of the Ordinance will ensure that the property owner obtains compliance with the City Code, and confirm that the Land Development regulations authorize the transient rental or occupancy at the premises.

The proposed Ordinance was deemed to be an important public policy component that will ensure the City’s residents continue to enjoy their single and multifamily residences, and to make certain that the character and value of these residential neighborhoods and residences are protected and properly preserved. The City has a substantial interest in maintaining the aesthetics, character and tranquility of its residential neighborhoods, in conjunction with regulating the impacts of transients rentals and occupancy, which this proposed Ordinance directly advances as an important governmental interest.

The Mayor and City Commission held the first reading of this Ordinance on July 13, 2016, and determined that further amendments were necessary to ensure compliance with those provisions delineated within Chapter 102, and other technical codes recognized for these intense uses of residential properties or units. Specifically, there is a modification of the penalty and enforcement provision set forth in Section 102-377, and the inclusion of an additional requirement to ensure compliance with the American Disabilities Act, the Florida Building Code, and the Florida Fire Prevention Code.

This modified proposed Ordinance will further prohibit those persons seeking to financial exploit the rental of single and multi-family residences in those unpermitted zoning districts, thereby prohibiting the creation of adverse living conditions for the City residents, by preventing excessive number of guest(s), vehicle(s) and noise that tragically impact these quiet residential communities, and devastates the residential character of single-family and multi-family neighborhoods.