R5S - Limit Temporary Tenant Use Permit Renewals for ...

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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING DIVISION 2, ENTITLED “PERMIT FEES,” BY AMENDING SECTION 14-65 THEREOF, ENTITLED “MECHANICAL PERMITS,” TO LIMIT THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX “A” TO THE CITY CODE, ENTITLED “FEE SCHEDULE,” TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.  

December 17, 2025
Sponsors
Public Works
Commissioner Laura Dominguez
Commissioner Laura Dominguez

Detailed Information

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Ordinances - R5 S

R5 S AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING DIVISION 2, ENTITLED “PERMIT FEES,” BY AMENDING SECTION 14-65 THEREOF, ENTITLED “MECHANICAL PERMITS,” TO LIMIT THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX “A” TO THE CITY CODE, ENTITLED “FEE SCHEDULE,” TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
Eric Carpenter, City Manager

DATE:

DATE: December 17, 2025 11:00 a.m. First Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE I, ENTITLED “IN GENERAL,” BY AMENDING DIVISION 2, ENTITLED “PERMIT FEES,” BY AMENDING SECTION 14-65 THEREOF, ENTITLED “MECHANICAL PERMITS,” TO LIMIT THE NUMBER OF TEMPORARY TENANT USE PERMIT RENEWALS ALLOWED FOR ELEVATORS; AND FURTHER AMENDING APPENDIX “A” TO THE CITY CODE, ENTITLED “FEE SCHEDULE,” TO REVISE AND INCREASE FEES CHARGED FOR THE TEMPORARY TENANT USE PERMIT RENEWALS FOR ELEVATORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends amending the City Code to incorporate an increase in the fee structure for temporary use renewals for elevators. Under the new amendment, after the first renewal, which will remain at $162, any subsequent temporary use renewals are proposed to increase to $2,090, matching the temporary use permit fee. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a way to encourage property owners and elevator companies to work together to ensure safe and functional elevators.

BACKGROUND/HISTORY

On June 25, 2025 at the request of Commissioner Laura Dominguez, the Mayor and City Commission (”City Commission“) approved a referral to the Finance and Economic Resiliency Committee (”FERC”), Item C4 I (”Attachment A”), to discuss the proposed amendment to the City Code, increasing the fees charged for the temporary use permit renewals.

Under Chapter 399, Florida Statutes (the “Elevator Safety Act”), including Section 399.13, the Elevator Safety Division of the City’s Public Works Department has been delegated the jurisdictional authority over elevators, escalators, moving walks, wheelchair lifts, and related equipment in the City of Miami Beach (the “City”).

The Elevator Safety Division is responsible for enforcing the Elevator Safety Act; the Florida Elevator Safety Code, Chapter 61C-5 of the Florida Administrative Code; Chapter 30 of the Florida Building Code; the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators; the State Fire Marshal’s Uniform Fire Safety Standards (NFPA 72); portions of the National Electrical Code (NEC 70); and the Americans with Disabilities Act.

The City has issued temporary tenant use permit renewals to provide relief to elevator owners and operators undertaking final permit inspections and permit activities for elevator units. The City currently allows for an indefinite number of temporary tenant use permit renewals for elevators. These renewals are issued for 30-day intervals.

The City seeks to incentivize property owners and elevator companies to limit their use of temporary tenant use permits and work together in ensuring safe and functional elevators, consistent with the Florida Building Code and related statutes and regulations.

The Administration recommends fixing the fee for a first temporary tenant use permit renewal at $162 and increasing the fee to obtain a second or subsequent temporary tenant use permit renewal for an elevator to $2,090. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary tenant use permit is issued. The proposed draft ordinance is attached.

The proposed elevator temporary use renewal fee increase was presented at the September 26, 2025 FERC meeting. FERC members agreed on the fee increase and made a motion to move the item to the full City Commission for approval.

FISCAL IMPACT STATEMENT No fiscal impact.

Does this Ordinance require a Business Impact Estimate? Yes (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/

CONCLUSION The Administration recommends amending the City Code to incorporate an increase in the fee structure for temporary use renewals for elevators. Under the new amendment, after the first renewal, which will remain at $162, any subsequent temporary use renewals are proposed to increase to $2,090, matching the temporary use permit fee. The Administration also recommends limiting the number of renewals to three (3) after the initial temporary use permit is issued, as a way to encourage property owners and elevator companies to work together to ensure safe and functional elevators.

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?

Yes

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

Public Works

Sponsor(s)

Commissioner Laura Dominguez

Co-sponsor(s)

Condensed Title

11:00 a.m. 1st Rdg PH, Increase Fees, Temporary Use Permit Renewals for Elevators. (LD) PW

Attachment

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