HomeMy WebLinkAboutReso Upland Property Ownerp r fLp4t S
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Fabiola Stuyvesant, Commissioner
March 19, 2026
Resolution Directing the Drafting of an Ordinance to Eliminate the
Discriminatory "Upland Property Owner" Beach Event Requirement for
Residents
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
Adoption of this Resolution directs the City Manager and the City Attorney to draft a municipal
Ordinance within thirty (30) days that abolishes the current Code requirement forcing residents to
obtain an "upland property owner" sponsor to host an event on the public beach. The drafted
Ordinance shall ensure that all residents of Sunny Isles Beach have equal, direct access to apply for
public beach event permits, regardless of which side of Collins Avenue they reside on.
The beaches of Sunny Isles Beach are a public asset, maintained and protected by the tax dollars of
every single resident in this City.
However, under the City's current Special Event permitting procedure, event permits for the public
beach are not issued directly to individuals. Any resident seeking to host a simple gathering —such as a
family birthday party on the sand —is legally required to have an "upland property owner" (specifically,
an oceanfront condominium or hotel) co-sign, sponsor, or approve their application.
This bureaucratic requirement creates a discriminatory, two -tiered system of residency. It effectively
bans every single resident living on the West side of Collins Avenue from utilizing their own public beach
for private family events, simply because they do not own oceanfront real estate. It grants oceanfront
condominium boards the arbitrary power to act as gatekeepers over public land.
Item Number: 9.0
418
To correct this inequity, Commissioner Stuyvesant brings forward this Resolution as a formal policy
directive. Similar to recent administrative directives, this Resolution does not unilaterally change the
City Code today; rather, it directs the Administration to perform the following:
1. Drafting Legislation: The City Attorney is directed to draft an Ordinance that creates a direct -to -
resident beach event permitting process for residents, eliminating the "upland property owner"
requirement.
2. Strict Timeline: The drafted legislation must be completed within thirty (30) days and placed on
the agenda for formal review and first reading at the next regularly scheduled City Commission
meeting.
By adopting this Resolution, the City Commission is simply authorizing the preparation of the necessary
legal documents to modernize our permitting process and restore equal access to the beach.
Finally, it must be noted on the public record that a vote against this Resolution is a vote to preserve a
segregated system of public beach access. Rejecting this administrative directive would signal to the
taxpayers living on the West side of Collins Avenue that this Commission views them as second-class
citizens who are required to pay for the maintenance of the public beach but are strictly prohibited from
celebrating on it.
ADDITIONAL INFORMATION:
By removing this discriminatory barrier, the City will likely see an increase in permit application fees from
local residents who were previously barred from utilizing the permitting process.
ATTACHMENTS:
Resolution
Item Number: 9.0
419
RESOLUTION NO. 2026 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO DRAFT AN
ORDINANCE TO ELIMINATE THE "UPLAND PROPERTY OWNER" REQUIREMENT
FOR RESIDENTS SEEKING PUBLIC BEACH EVENT PERMITS; ESTABLISHING A
DIRECT -TO -RESIDENT PERMITTING PROCESS TO ENSURE EQUAL ACCESS TO
PUBLIC BEACHES REGARDLESS OF RESIDENTIAL LOCATION; SETTING A STRICT 30-
DAY DEADLINE FOR LEGISLATIVE DRAFTING FOR PRESENTATION AT THE NEXT
REGULAR COMMISSION MEETING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the public beaches of Sunny Isles Beach are a vital municipal asset,
maintained, preserved, and protected by the tax contributions of every single resident within the
City; and
WHEREAS, under the City's current Special Event permitting procedure, event permits for
the public beach are not issued directly to individual residents; and
WHEREAS, any resident seeking to host a private gathering on the public beach is
currently required by City Code to obtain the sponsorship, approval, or co -signature of an "upland
property owner" (specifically defined as an oceanfront condominium association, hotel, or
commercial property); and
WHEREAS, this bureaucratic requirement creates a discriminatory, two -tiered system of
residency, effectively banning every resident living on the West side of Collins Avenue —as well
as those living in non -oceanfront properties on the East side —from utilizing their own public
beach for private family events simply because they do not own oceanfront real estate; and
WHEREAS, the City Commission finds that granting oceanfront property owners the
arbitrary power to act as gatekeepers over public land is inequitable and contrary to the City's
commitment to serving all residents equally; and
WHEREAS, the City Commission desires to modernize the municipal permitting process
to ensure that all residents of Sunny Isles Beach have direct, equal, and unfettered access to apply
for public beach event permits; and
WHEREAS, this Resolution serves as a formal, binding directive commanding the City
Manager and the City Attorney's Office to commence the immediate drafting of an Ordinance to
correct this inequity, ensuring that the Commission and the public have a drafted legislative
document to formally review and discuss without unnecessary bureaucratic delay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
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Section 2. Directive to Draft Establishing Legislation. The City Commission hereby directs the
City Attorney to draft the necessary Ordinance required to officially abolish the "upland property
owner" sponsorship requirement for homesteaded residents of Sunny Isles Beach seeking to
obtain a Special Event permit for the public beach.
Section 3. Equal Access & Direct Permitting. The drafted Ordinance shall establish a
modernized, direct -to -resident permitting framework that allows any verified, homesteaded
resident of Sunny Isles Beach to directly apply for and obtain a beach event permit, subject to
standard municipal safety, fee, and cleanup deposit requirements, without requiring the
permission of any third -party condominium board, hotel, or upland property owner.
Section 4. Strict Timeline for Presentation. The City Attorney is strictly directed to complete
the drafting of the aforementioned Ordinance within thirty (30) days from the effective date of
this Resolution. Said drafted legislation shall be placed on the official agenda and presented to
the City Commission for formal review, discussion, and first reading at the very next regularly
scheduled City Commission meeting following the 30-day period.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED on this 19th day of March, 2026.
ATTEST:
Mauricio Betancur, CIVIC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
VOTE:
Mayor Svechin (yes) (no)
Vice Mayor Viscarra (yes) ono)
Commissioner Lama (yes)
o)
Commissioner Joseph (yes) (no)
Commissioner Stuyvesant (yes) (no)
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