R5S - Require Home Solicitation Permits, Rules
View full title
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “PEDDLERS AND SOLICITORS,” OF ARTICLE I, ENTITLED “IN GENERAL,” BY CREATING SECTION 74-2, TO ESTABLISH PERMIT AND BUSINESS TAX RECEIPT REQUIREMENTS FOR HOME SOLICITATION; TO ESTABLISH HOURS OF SOLICITATION, CONDUCT STANDARDS, AND PERMIT DISPLAY REQUIREMENTS; TO CREATE A CITY-MAINTAINED “NO SOLICITATION LIST” THAT SOLICITORS MUST CHECK AND COMPLY WITH; TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND REVOCATION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 1 week agoOrdinances - R5 S
COMMISSION MEMORANDUM
10:50 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance is presented on first reading by the sponsor, Vice Mayor Joseph Magazine.
The City of Miami Beach seeks to promote public safety, consumer protection, and residential privacy through reasonable regulation of door-to-door solicitation activities.
Florida Statutes § 501.022 requires state-issued permits for home solicitation sales, but does not preempt municipalities from imposing additional local requirements.
Municipalities such as Winter Garden, South Daytona, and Palm Bay have adopted ordinances requiring local permits, restricting solicitation hours, and establishing “No Solicitation Lists” to protect residents from unwanted intrusions.
A local regulatory framework for home solicitation sales may help to ensure transparency, accountability, and respect for residential boundaries.
If adopted, this ordinance governs commercial home solicitation sales similarly to the other municipalities listed in this memo, and does not restrict political canvassing, religious speech, or any other noncommercial speech that receives greater protection pursuant to the First Amendment.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Joseph Magazine
Co-sponsor(s)
Condensed Title
10:50 a.m. 1st Rdg PH, Requirements for Home Solicitation. (Magazine) CA
Previous Action (For City Clerk Use Only)