HomeMy WebLinkAboutO-14429City of Miami
Ordinance 14429
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17980 Final Action Date: 1/8/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PUBLIC
BENEFITS TRUST FUND," MORE PARTICULARLY BY AMENDING SECTION
62-642 OF THE CITY CODE, TITLED "ESTABLISHED," TO INCLUDE AN
ADMINISTRATIVE COST, CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about October 22, 2009, the City Commission adopted Ordinance
No. 13114 as the current Zoning Ordinance, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, pursuant to the Miami 21 Code, the Public Benefits Program was
established to, and allows for, cash contribution in exchange for, in compliance with the
Miami 21 Code regulations. bonus Building Height in T5 and T6 Zones, bonus Floor Lot
Ratio ("FLR") in T6 Zones, and bonus Building Height in D1 Zones; and
WHEREAS, Chapter 62, Article XIV, Section 62-642 of the Code of the City of
Miami, Florida, as amended, ("City Code") establishes the Public Benefits Trust Fund into
which the cash contributions made according to the Miami 21 Code are used to supplement
affordable/workforce housing, public parks and open space, and green building certification
shortfalls; and
WHEREAS, there are also Major Use Special Permits ("MUSPs"), Development
Agreements, and Covenants that contemplated payment into the Public Benefits Trust
Fund; and
WHEREAS, the City of Miami ("City") has established a trust fund (Special Revenue
10095) into which funds are collected from payments through the Public Benefits Program
("Program") pursuant to the Miami 21 Code; and
WHEREAS, the City seeks to implement an administrative cost that will be used
towards management of the Public Benefits Trust Fund Special Revenue account; and
WHEREAS, an administrative cost is needed to be allocated for the management of
the Public Benefits Trust Fund; and
WHEREAS, the City's Planning Department recommended approval of the
administrative cost allocation of fifteen percent (15%); and
WHERAS, on October 8, 2025, at a duly noticed public meeting, the Planning,
Zoning and Appeals Board ("PZAB") considered PZAB Item. 8 and passed Resolution No.
PZAB R-25-060, by a vote of eight to zero (8-0), recommending approval of the allocation
City of Miami Page 1 of 3 File ID: 17980 (Revision: A) Printed On: 1/22/2026
File ID: 17980 Enactment Number: 14429
of an administrative cost to manage the Public Benefits Trust Fund, with the modification
that it be up to ten percent (10%) rather than fifteen percent (15%); and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), which will further Goal HO-1 and Goal PR-1 of the MCNP;
and
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 and incorporated as if fully set forth in this section.
Section 2. Chapter 62/Article XIV of the City Code is further amended in the following
particulars:
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIV. - PUBLIC BENEFITS TRUST FUND
Sec. 62-641. - Public benefits trust fund; intent.
It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash
contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the
city, to supplement affordable/workforce housing, public parks and open space, and green
building certification shortfalls.
Sec. 62-642. - Established.
(a) There is hereby established a trust fund to be entitled the "Public Benefits Trust Fund,"
into which funds shall be deposited pursuant to this article.
(b) The city commission, upon the manager's recommendation, shall annually allocate funds
collected.
(c) All cash contributions allocated by the city commission to support affordable/workforce
housing shall be deposited in the affordable housing trust fund for expenditures pursuant
to the guidelines adopted by the city commission.
(d) All cash contributions allocated by the commission to support parks and open space shall
be deposited in the parks and open space trust fund, as set forth herein, to be expended
in accordance with the guidelines outlined therein.
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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File ID: 17980
Enactment Number: 14429
(e) Ten percent (10%) of fees collected shall be allocated towards administrating the Public
Benefits Trust Fund.
* *„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days upon adoption hereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y - tor -y 10/14/2025 a ge Wy j ng III, C y -tor -y 12/17/2025
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.
City of Miami Page 3 of 3 File ID: 17980 (Revision: A) Printed on: 1/22/2026