R5K - Establish Permit Requirements for Home Solicita...

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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.  

December 17, 2025
Sponsors
City Attorney
Commissioner Joseph Magazine
Commissioner Joseph Magazine

Detailed Information

Cached: 11 minutes ago

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

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico

DATE:

DATE: December 17, 2025 10:20 a.m. Second Reading Public Hearing
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.

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

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

ORDINANCE NO. _ _ _ _ _ _

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

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.

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