R5K - Amend Peddler/solicitor Code, Create "no List

Ordinances - R5 K

R5 K 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. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The attached Ordinance is presented on second 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.

SECOND READING CHANGES:

Between first and second reading, the ordinance was amended to provide for a public education campaign for solicitors and to mandate an initial warning before issuing a first offense violation.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

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

10:20 a.m. 2nd Rdg, Requirements for Home Solicitation. (Magazine) CA

Previous Action (For City Clerk Use Only)

ORDINANCE NO. _ _ _ _ _ _

First Reading Public Hearing on 9/17/2025 - R5 S

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.

WHEREAS , the City of Miami Beach seeks to promote public safety, consumer protection, and residential privacy through reasonable regulation of door-to-door solicitation activities; and

WHEREAS, Florida Statutes § 501 .022 requires state-issued permits for home solicitation sales, but does not preempt municipalities from imposing additional local requirements; and

WHEREAS , 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; and

WHEREAS , the Mayor and City Commission find that a local regulatory framework for home solicitation sales is necessary to ensure transparency, accountability, and respect for residential boundaries; and

WHEREAS, this ordinance governs commercial home solicitation sales and does not restrict political canvassing, religious speech, or any other noncommercial speech that receives greater protection pursuant to the First Amendment.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:

SECTION 1. That Chapter 7 4 of the Code of the City of Miami Beach, Florida, entitled "Peddlers and Solicitors," be amended by creating Section 74-2 to read as follows :

CHAPTER 74

PEDDLERS AND SOLICITORS

* * * ARTICLE I. IN GENERAL

* * *

Sec. 74-2. Home Solicitation Sale Regulations.

(a) Definitions. For purposes of this section, the following terms shall have the meanings ascribed : (1) Home solicitation sale shall be defined as set forth in Fla. Stat. 501.021 (1 ). (2) Solicitor, for purposes of this section, means any person engaged in home solicitation sales. except those exempted by Fla. Stat. 501 .022(1 )(b). (3) No Solicitation List means a registry maintained by the City listing addresses where solicitation is prohibited.

(b) Permit and Business Tax Receipt Required. (1) No person shall engage in home solicitation sales within the city without first obtaining:

a. A valid home solicitation permit issued by the Clerk of the Circuit Court pursuant to Florida Statutes§ 501 .022; and

b. A City of Miami Beach Business Tax Receipt (BTR). (2) Applicants must submit proof of the state-issued permit. identification, and payment of applicable fees.

(c) Hours of Solicitation. Solicitation shall be permitted only between the hours of 9:00 a.m. and 7:00 p.m .. Monday through Saturday. No solicitation shall occur on Sundays or legal holidays.

(d) Conduct Standards. Solicitors shall: (1) Refrain from deceptive, aggressive, or coercive conduct. (2) Immediately leave the premises upon request. (3) Not enter any property marked with a "No Soliciting" sign or listed on the city's No Solicitation List. (4) Carry and display their permit and BTR at all times during solicitation.

(e) Display of Permit. (1) The city-issued BTR and state permit must be visibly displayed on the solicitor's person. (2) Failure to display permits shall constitute a violation of this section.

(f) No Solicitation List. (1) The city shall maintain a No Solicitation List of addresses where solicitation is prohibited. (2) Residents may enroll by submitting their address to the city clerk's Office. (3) The list shall be updated monthly and made available to all permitted solicitors. (4) Solicitors shall review the list (at least) on the first day of each month (or before beginning solicitations if beginning mid-month) and comply with the list prior to engaging in solicitation. (5) The city administration shall undertake a public education campaign to inform all applicable businesses of the requirements of this section.

(g) Enforcement and Penalties. (1) Any person who violates any provision of this section shall be subject to the following civil fines after receiving one warning for an initial violation of this section:

a. $1,000.00 per day for a first offense;

b. $5,000.00 per day for a second or subsequent offense; and

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c. $15,000.00 for any violation determined by the special magistrate to be irreparable or irreversible in nature. (2) Repeated violations may result in revocation of the city- issued BTR. (3) Violations may also be prosecuted under City Code Sec.1-14, Florida Statutes§ 810.09 (Trespass), and/or any other available legal remedies.

* * *

SECTION 2. REPEALER.

All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed .

SECTION 3. SEVERABILITY.

If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.

SECTION 4. CODIFICATION.

It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect the _ _ day of _ _ __ _ __ _ , 2025.

ATTEST:

Steven Meiner, Mayor

Rafael E. Granado, City Clerk

Underline denotes additions Strikethrough denotes deletions Double underline denotes additions on second reading

(Sponsored by Commissioner Joseph Magazine)

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APPROVED AS TO FORM & LANGUAGE & FO X UTION