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Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2961 Final Action Date: 2/8/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), ENTITLED "GROUP HOMES," TO AMEND SECTION 62-650 OF THE
CITY CODE, ENTITLED "REGULATION OF GROUP HOMES PURSUANT TO
STATE LAW," TO CLARIFY APPLICABILITY, AND TO AMEND SECTION 62-
651 OF THE CITY CODE, ENTITLED "APPLICATION OF GROUP HOMES," TO
ADD SUBSECTION E, ENTITLED "EMERGENCY PREPAREDNESS
REQUIREMENTS," TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY
FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES, ASSISTED
LIVING FACILITIES ("FACILITIES") CATERING TO THE ELDERLY, AND
OTHER SIMILARLY SITUATED CITY OF MIAMI SUBSIDIZED ELDERLY
LIVING UNITS, AS DEFINED BY DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY
FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE OF
CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT
LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR
CONDITIONING ("A.C.") IN THE CORRIDORS OF THE FACILITY; AND
PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY
SHOULD BE ON SITE WITHIN 24-HOURS OF A HURRICANE OR STORM'S
PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE
ADEQUATE CARE OF SENIOR RESIDENTS IN THE AFTERMATH OF
HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER
OUTAGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Frank Carollo, Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") has a vibrant and sizeable population of elderly
residents; and
WHEREAS, the City is committed to providing a high quality of life for all its residents;
and
WHEREAS, hurricanes and major storms are frequent occurrences in the City and the
South Florida area, often resulting in widespread power outages that may take weeks to restore;
and
WHEREAS, during the power outages associated with Hurricane Irma, a significant
number of elderly persons died in a Hollywood, Florida nursing home and many others were
hospitalized due to lack of air conditioning ("A.C."); and
WHEREAS, elderly individuals are more susceptible to heat strokes and other heat
City of Miami Page 1 of 4 File ID: 2961 (Revision: D) Printed On: 2/4/2025
File ID: 2961 Enactment Number:
related complications; and
WHEREAS, generators equipped with adequate fuel ensure housing units not only
maintain power to essential equipment such as elevators, lights, and emergency alarms, but
also provide air-conditioned designated room(s) near living quarters to prevent heat related
ailments until full power is restored; and
WHEREAS, resident attendants/staff to the elderly should be on site within twenty-
four (24) hours of a hurricane or storm's passage, or as soon as safely possible, to ensure
adequate care of our senior residents;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62, Article XV of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XV. GROUP HOMES
Sec. 62-650. Regulation of group homes pursuant to state law.
(c) The provisions of Section 62-651(c)(2)(e) of the City Code regarding Emergency
Preparedness Requirements within this Article shall apply to any qualifying Facility regardless
of the number of residents.
Sec. 62-651. Application for group homes.
* * *
(c) Any reservations or applications shall be reviewed as follows:
*
*
*
(2) The planning and zoning department Department of Planning and the Office
of Zoning will review the information and conduct an independent review of the
following:
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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e. Emergency Preparedness Requirements for all Facilities. Compliance with these
City housing requirements for group homes, City funded affordable senior housing,
nursing homes, Assisted Living Facilities ("ALF") catering to the elderly, and other
similarly situated City -subsidized elderly living units, as defined by Department of
Housing and Urban Development ("HUD") guidelines ("Facilities"), shall be
mandatory for those projects that utilize funding sources including, but not limited to,
Community Development Block Grant ("CDBG") funds, HOME Investment
Partnerships Program ("HOME") funds, Housing Opportunities for Persons with
AIDS ("HOPWA") funds, and State Housing Initiatives Partnership ("SHIP") funds.
1. The generators must be able to power essential services, as set forth in
Chapter 10-8 of the City Code, including but not limited to, elevators, lights,
emergency alarms, and Air Conditioning ("A.C.") in one or more designated
room(s) within the Facility. Essential services means necessities required to
maintain an established minimum standard for quality of life for residents in a
facility offering housing to the elderly. Designated room(s) means a public,
common, or private space which can safely and lawfully house residents in
an appropriate fashion pre- and post -foreseeable disaster.
2. Notwithstanding any requirement mentioned herein, resident, or assisted
living services are to be on site within twenty-four (24) hours of a foreseeable
disaster, or as soon a safely possible, unless they are required to remain at
the Facility. This does not negate the requirement to have staff on site and
available to run the required generator(s) and other life sustaining essentials.
3. The generator and staff requirements contained in Sections 62-
651(c)(2)(e)(1) and (2) above are subject to the conditions contained in
Section 10-8 of the City Code, including approval by the City's Emergency
Manager.
f. If the applicant requires additional time to process and submit all the requested
information above, the reservation or application must be renewed for an additional
180 days. If the process is not completed within the two 180-day periods provided
above, the reservation or application will expire and a new reservation or
application cannot be processed on that property for 30 days.
fg.. Such review cost shall be as stated by the Miami Dade County City Code, as
amended.
h. The implementation of the requirements listed herein shall be further detailed
and approved through an Emergency Plan pursuant to Section 10-8 of the
Code."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
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File ID: 2961
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
9/19/2017 - rt6 ia'isis d1�i ez, Cutty Attar
Enactment Number:
11/6/2017 i tdria 1
deli z, i✓ty ttor
ley ) 12/5/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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