HomeMy WebLinkAboutR-17-0137City of Miami
Resolution R-17-0137
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1880 Final Action Date: 3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE
ZONING REGULATIONS OF THE CITY OF MIAMI, FLORIDA AS THEY
PERTAIN TO SHORT-TERM/VACATION RENTALS AND DIRECTING THE
CITY MANAGER TO CONTINUE VIGOROUSLY ENFORCING REGULATIONS
PERTAINING TO LODGING USES TO ENSURE THE HEALTH, SAFETY AND
WELFARE OF THE CITY OF MIAMI'S RESIDENTS AND VISITORS; FURTHER
DIRECTING THE CITY ATTORNEY TO INVESTIGATE THE FEASIBILITY OF
COMMENCING LEGAL ACTION AGAINST THE INTERNET PLATFORMS
THAT FURTHER ILLEGAL SHORT-TERM RENTALS IN THE CITY OF MIAMI.
SPONSOR(S): Tomas Regalado
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21
Code"); and
WHEREAS, the effective date of the Miami 21 Code was May 10, 2010; and
WHEREAS, the Miami 21 Code specifically delineates where lodging uses are and are
not allowed; and
WHEREAS, in 2011, the Florida State Legislature enacted Section 509.032(7)(b),
Florida Statutes, which states a "local law, ordinance, or regulation may not prohibit vacation
rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does
not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011" ("State
Preemption"); and
WHEREAS, on August 11, 2015, the City's Zoning Administrator issued Zoning
Interpretation 2015-001 concerning short-term/vacation rentals (less than 30 days) in T3
Transect Zones; and
WHERAS, the City has continually enforced the Miami 21 Code and City ordinances
against short-term/vacation rentals and party houses since Miami 21 was adopted; and
WHEREAS, since that time, there has been a surge in the online, short-term/vacation
rental market through internet companies which provide a platform for property owners
(commercial and residential) to rent their properties; and
WHEREAS, these rentals provide supplemental income and are used by many as a side
business to maintain their properties or to otherwise supplement their monthly incomes; and
WHEREAS, the City has a direct interest in the health, safety and welfare of its
residents, as well as its thousands of yearly visitors; and
City of Miami Page 1 of 3 File ID: 1880 (Revision: A) Printed On: 3/20/2025
File ID: 1880 Enactment Number: R-17-0137
WHEREAS, the City, through the Miami 21 Code, previously enacted legislation which
regulated all lodging uses, including short-term/vacation rentals, within the City limits and
requires licensure, payment of taxes, and annual safety inspections of all lodging
establishments; and
WHEREAS, pursuant to Article 4, Table 3 of the Miami 21 Code, lodging uses are
permitted only under certain circumstances and in certain areas; and
WHEREAS, pursuant to the Miami 21 Code, short-term/vacation rentals are not allowed
in homes, houses, units, structures, etc. where lodging uses are not allowed; and
WHEREAS, pursuant to the Miami 21 Code, short-term/vacation rentals are not allowed
in T3 Transect Zones and are only allowed under certain circumstances in all other Transect
Zones; and
WHEREAS, any other short-term/vacation rental properties must comply with the same
licensure, business tax receipt, and annual safety inspections as do all other lodging
establishments in the City; and
WHEREAS, any violation of the lodging requirements is enforceable through the
provisions of Chapter 2, Article X of the Code of the City of Miami, Florida, as amended, and
any other remedies as provided by law;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City reaffirms its regulation of lodging uses previously enacted and made
effective prior to the imposition of the State Preemption of short-term/vacation rentals.
Section 3. The City Commission directs the City Manager to continue to vigorously
enforce regulations pertaining to lodging uses to ensure the health, safety, and welfare of the
City's residents and visitors.
Section 4. The City Commission further directs the City Attorney to investigate the
feasibility of commencing legal action against the internet platforms that further illegal short-term
rentals in the City.
Section 5. This Resolution shall become effectively immediately upon its adoption and
signature of the Mayor.'
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 1880 (Revision: A) Printed on: 3/20/2025
File ID: 1880 Enactment Number: R-17-0137
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 1880 (Revision: A) Printed on: 3/20/2025