Pop. 82,890 · Miami-Dade County
Miami Beach enforces strict pool safety under Florida's Residential Swimming Pool Safety Act (F.S. 515) and the Florida Building Code HVHZ provisions. All residential pools require at least one approved safety feature including barriers, alarms, or safety covers, with barriers being the most common compliance method.
Above-ground pools in Miami Beach require a building permit and must comply with Florida Statute 515 pool barrier requirements and Miami-Dade County Code Section 8C-4. All pools deeper than 24 inches need a safety barrier at least 48 inches high with self-closing, self-latching gates before being filled with water.
Hot tubs and spas in Miami Beach must comply with Florida Building Code barrier requirements under Miami-Dade Code Section 8C-4. A safety cover meeting ASTM F1346 standards may serve as an alternative to a full barrier enclosure for spas. Electrical work requires a separate permit and GFCI protection.
Miami Beach regulates garage conversions under its Land Development Regulations and Miami-Dade County building code. Converting a garage to livable space requires building permits, must comply with off-street parking requirements, and converted spaces must meet all habitability standards including HVHZ construction.
Carports in Miami Beach are classified as accessory structures under the Land Development Regulations and require a building permit. Maximum height is 12 feet for one story in single-family districts. All carport structures must meet High-Velocity Hurricane Zone wind load requirements and comply with zoning setbacks.
Miami Beach restricts ADUs under its Land Development Regulations. ADUs are permitted only in certain single-family residential zoning districts, must maintain the external appearance of a single-family home, and are subject to strict size and design requirements consistent with Miami-Dade County ADU standards.
Miami Beach permits Accessory Dwelling Units (ADUs) on residential lots under the Land Development Regulations, subject to setback, height, and design standards. ADUs may contain a full kitchen and separate electric meter. Tiny homes on wheels are not permitted as permanent dwellings. All ADUs must meet HVHZ building standards.
Miami Beach requires building permits for sheds and utility storage structures. Sheds must be single-story, non-habitable, accessory to the principal residence, limited to 400 square feet maximum, and must meet HVHZ wind load standards for the barrier island location.
Miami Beach strictly regulates short-term rental occupancy, prohibiting STRs entirely in single-family homes and most residential zoning districts. Where permitted, occupancy is limited based on bedroom count, and the city aggressively enforces violations through its Code Compliance division.
Miami Beach short-term rental operators must address guest parking in their required Operational Management Plan (OMP). The city's dense barrier island layout means most STR properties rely on public metered parking, parking garages, or on-site building parking. Operators must inform guests about available parking options and restrictions.
Miami Beach requires short-term rental operators to maintain liability insurance as part of the Certificate of Use and Florida DBPR licensing process. Given the city's strict STR regulations, insurance requirements apply only to properties in approved zoning districts with proper licensing.
Miami Beach imposes a 4% city Resort Tax on all short-term rental revenue, in addition to the Miami-Dade County 6% Tourist Development Tax, and the Florida 6% state sales tax plus 1% discretionary surtax. Operators must obtain a Resort Tax Certificate and display the certificate number in all advertisements. Operating without a Business Tax Receipt carries a $20,000 first-offense fine.
Miami Beach does not impose an annual night cap, but Sec. 142-1111(a) bans any rental of less than six months and one day in most residential zones (RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, TH) unless a specific grandfathered exemption applies. The Collins Waterfront Local Historic District exemption requires a minimum seven-night reservation, and no unit may be re-rented more frequently than once every seven days.
Operating an STR in Miami Beach requires a city Business Tax Receipt (BTR), a Resort Tax certificate, an approved Certificate of Use, and a Florida DBPR vacation rental license. Both the BTR and Resort Tax numbers must appear in every advertisement. The city's pre-2011 ordinance is grandfathered under F.S. 509.032(7)(b), so enforcement is aggressive.
Miami Beach prohibits STRs in all single-family homes and many multi-family buildings. Where allowed, operators need a DBPR license, county Certificate of Use, city Business Tax Receipt, and Resort Tax account. Fines start at $20,000.
Miami Beach STRs must comply with general noise ordinance. Cities can regulate STR noise even though they cannot ban rentals. Complaints can trigger registration review.
Miami-Dade does not impose a countywide primary-residence requirement on short-term rentals, but Florida statute §509.032 and Ord. 14-77 limit the county's ability to ban non-owner-occupied rentals where zoning otherwise permits transient use.
Miami-Dade Ordinance 14-77 does not require host presence during short-term rental stays in unincorporated areas, but absentee whole-home rentals in single-family residential zones are sharply restricted by zoning compatibility rules.
Under Miami-Dade Chapter 8CC, repeat short-term-rental violations trigger escalating civil fines and potential revocation of the property's STR registration, with each subsequent offense carrying multiplied penalties up to several thousand dollars per occurrence.
Florida HB 1011 (2024) and Miami-Dade Ordinance 14-77 require Airbnb, Vrbo, and similar platforms to verify host registration numbers, collect and remit taxes where contracted, and remove listings the county identifies as unlicensed or revoked.
Miami Beach enforces strict pool barrier requirements under Florida's Residential Swimming Pool Safety Act and Miami-Dade County Section 33-12. All residential pools must have safety barriers at least 48 inches high with self-closing, self-latching gates, and barriers must meet HVHZ wind load standards.
Fences in Miami Beach require a building permit or Zoning Improvement Permit (ZIP) before installation, depending on the type and location. Applications must include a survey or site plan showing the proposed fence location relative to property lines. Properties in historic districts require additional Historic Preservation Board review.
Miami Beach fence height limits follow Miami-Dade County zoning standards under Section 33-11. Front yard fences are limited to 3.5 feet, while side and rear yard fences may be up to 6 feet. Visibility triangles at intersections and within 10 feet of driveways limit fences to 2.5 feet. Properties in the Art Deco Historic District may face additional design review requirements.
Miami Beach regulates retaining walls through its zoning and building codes. Retaining walls require building permits, must meet HVHZ structural standards, and are particularly relevant given the city's sea level rise adaptation and stormwater management infrastructure projects.
Miami Beach regulates fence materials under Miami-Dade County Code Section 33-11. Acceptable materials include wood, vinyl, wrought iron, masonry, and chain link (rear/side yards only). Chain link fences must be heavy galvanized 2-inch diamond weave with top rail. All fencing must meet High Velocity Hurricane Zone (HVHZ) requirements for wind resistance. Wire, cloth, and canvas affixed to fences must be properly maintained.
Florida has no shared fence cost statute. FL §823.11 prohibits spite fences. Each property owner responsible for their own fence.
Miami Beach enforces a maximum of 10 domestic pets per household with no more than four dogs. Animal hoarding situations are addressed through Code Compliance, Animal Services, and potentially Miami-Dade County Animal Services when animal cruelty or neglect is suspected.
Beekeeping in Miami Beach is governed by Florida Statute 586, which preempts local governments from prohibiting beekeeping on residential property. Beekeepers must register with the Florida Department of Agriculture and Consumer Services (FDACS) and follow Best Management Requirements for maintaining European honey bee colonies. HOA or deed-restricted communities may impose their own restrictions.
Miami Beach prohibits most exotic and wild animal ownership under city ordinances and Florida Fish and Wildlife Conservation Commission (FWC) regulations. Pit bulls are banned, farm animals are prohibited, and exotic wildlife requires FWC permits classified by species risk level.
Miami Beach prohibits intentional feeding of wildlife including feral cats, feral dogs, peafowl, iguanas, and other wild animals on public and commercial property. A registered feeder program provides controlled exceptions for community cat colony management through Trap-Neuter-Vaccinate-Return (TNVR).
Miami Beach may allow backyard chickens with limits. Roosters typically banned in residential areas. Livestock requires agricultural zoning. FL right-to-farm law protects ag uses.
Miami Beach requires dogs on leash at all times in public areas. Dogs prohibited on the beach except in designated dog beach areas. Off-leash dog parks available. Waste cleanup required under city ordinance with active enforcement.
Miami Beach follows the countywide pit bull ban repeal (October 2023). FL section 767.14 preempts breed-specific legislation statewide. All dogs now regulated by behavior-based dangerous dog standards only.
Miami-Dade County Code Chapter 5 requires that all dogs and cats adopted from Animal Services be sterilized before release, and unsterilized pets must carry an annual unaltered-animal license through the Animal Services Department.
Miami-Dade County requires dogs and cats to be microchipped as part of pet licensing under Chapter 5, and Animal Services uses chips to return strays to owners and reduce shelter intake countywide.
Miami-Dade County Chapter 5 restricts retail pet stores from selling dogs and cats sourced from commercial breeders, steering buyers toward shelters, rescues, and humane sources to curb puppy-mill supply chains.
Miami-Dade County Code Chapter 5 caps the number of dogs and cats that may be kept at a residence in unincorporated areas, with stricter limits for multifamily dwellings and a hobby-kennel permit option for owners exceeding the threshold.
Miami-Dade County licenses owned cats under Chapter 5 and operates a Trap-Neuter-Vaccinate-Return community-cat program for outdoor colonies, balancing humane management with public-health rabies vaccination requirements.
Miami-Dade County protects native and migratory birds through the federal Migratory Bird Treaty Act and Florida nongame rules, with extra county safeguards for nesting wading birds, burrowing owls, and shoreline rookeries.
Miami-Dade County does not run a coyote trapping program; under Florida wildlife rules, residents are encouraged to haze coyotes, secure pets and trash, and report aggressive animals to Animal Services and FWC.
Florida's Cottage Food Law (F.S. 500.80) allows Miami Beach residents to sell homemade food products with annual gross sales up to $250,000 without a state license or inspection. The city requires a Business Tax Receipt, though Florida law prohibits local governments from imposing additional regulations on cottage food products themselves.
Miami Beach home-based businesses are prohibited from having on-site clients or customers visit the residence. The home occupation must not generate pedestrian or vehicular traffic beyond what is normal for the residential neighborhood. No retail sales, client appointments, or customer pickups are permitted at the home business location.
Home daycare operations in Miami Beach require a Certificate of Use, Business Tax Receipt, and compliance with Miami-Dade County zoning under Section 33-199(a). Family day care homes may serve up to 5 children including the operator's own. Florida DCF registration is mandatory for caring for children from more than one unrelated family.
Home-based businesses in Miami Beach require a Certificate of Use for Home Occupation and a Business Tax Receipt (BTR). Under Resiliency Code Section 7.5.5.6, no more than 25% of the dwelling unit (max 500 sq ft) may be used for the business. All business activities must occur indoors with no visible external evidence of the business operation.
No external signage of any kind is permitted for home-based businesses in Miami Beach. Home occupations must not have any visible external evidence of the business operation, including signs, displays, window lettering, or advertising visible from outside the residence. The city's sign code under Chapter 138 reinforces this prohibition.
Miami Beach regulates artificial turf installation through Chapter 126 (Landscape Ordinance). Artificial turf is permitted in certain applications but must meet city standards for appearance, drainage, and heat mitigation, and cannot fully replace required landscape coverage in new development.
Miami Beach does not have a specific composting ordinance. Residential composting is permitted subject to general property maintenance and sanitation standards. The city's fertilizer ordinance and environmental regulations provide the framework for organic waste management on the barrier island.
Florida law permits rainwater harvesting statewide, and Miami Beach does not impose additional restrictions beyond state and county standards. Collected rainwater may be used for landscape irrigation, vehicle washing, pool filling, and other non-potable purposes consistent with Florida DEP guidelines.
Miami Beach prohibits properties from becoming overgrown with weeds, invasive vegetation, or unkempt plant growth under Chapter 46 of the City Code. Property owners must remove noxious weeds, invasive species, and dead vegetation. The city actively enforces property maintenance standards, especially in tourist-facing areas and historic districts.
Miami Beach promotes Florida-Friendly Landscaping through Chapter 126 (Landscape Ordinance) and requires native and drought-tolerant plant species in new landscaping plans. The city's resilience strategy emphasizes salt-tolerant native vegetation suitable for the barrier island environment.
Miami Beach requires permits for tree removal and significant trimming. Coconut palms and sea grapes protected as coastal species. Art Deco Historic District landscaping changes require design review approval.
Miami Beach strictly regulates tree removal under Chapter 126 (Landscape Ordinance) Section 126-5. No person may cut down, destroy, move, or effectively destroy any tree without a Tree Work Permit. Removal must be justified, and replacement or relocation of trees is required.
Miami Beach requires property owners to maintain lawns and landscaping in a well-kept condition under Chapter 46 (Environment) and property maintenance standards. Overgrown grass, weeds, and unmaintained vegetation are code violations subject to enforcement by Code Compliance. Vacant lots are held to the same maintenance standards as occupied properties.
Miami Beach follows water management district restrictions. Watering days and times designated. FL §373.185 protects Florida-Friendly Landscaping rights.
Consumer fireworks are prohibited in Miami Beach except during designated state-authorized holidays (July 4th, New Year's Eve, and New Year's Day). Professional fireworks displays require a permit from the Miami Beach Fire Department, submitted at least 30 days in advance by a licensed and insured contractor. A minimum of two firefighters must be on-site during any permitted display.
As a densely developed barrier island, Miami Beach does not have traditional wildfire brush clearance requirements. However, property owners must maintain vegetation to prevent fire hazards under Chapter 50 of the City Code and Chapter 46 environmental standards. Overgrown lots, accumulated debris, and unmaintained vegetation that creates fire risk are subject to code enforcement.
Open burning is heavily restricted in Miami Beach due to the dense urban environment and environmental sensitivity. Open pit fires and bonfires require separate permits obtained at least two weeks in advance by a licensed contractor. Beach fires are subject to Florida DEP regulations and are prohibited during sea turtle nesting season (April 1 through October 31).
Miami Beach is a densely developed barrier island with no designated wildfire zones. The city faces no wildfire risk due to its urban environment, lack of wildland-urban interface, and surrounded-by-water geography. Fire prevention focuses on structural fire safety and HVHZ hurricane compliance.
Miami Beach follows Florida Building Code Residential Section R314 and Florida Statute 553.883 for smoke alarms, plus F.S. 509.211 carbon monoxide rules for lodging. Alarms are required in every sleeping room, outside each separate sleeping area, and on every story including basements, with interconnection in new construction. Battery-only alarms installed or replaced after January 1, 2015 must use a sealed nonremovable 10-year battery.
Gas fire pits are allowed in Miami Beach with proper installation. Wood-burning recreational fires must be under 3 feet. Condo balcony fire pits are typically prohibited by building management. Beach fire pits require permits.
Miami-Dade Fire Rescue enforces NFPA 58 and the Florida Fire Prevention Code on propane tank storage, capping the amount of liquefied petroleum gas residents may keep on a single-family lot and regulating tank placement near buildings.
Miami Beach operates an extensive metered parking system managed by the Miami Beach Parking Department. Meters in the South Beach area typically operate from 9:00 AM to 3:00 AM. Residential parking permits are available for eligible residents in controlled parking zones. Vehicle storage on public streets is prohibited, and vehicles may not remain parked beyond posted time limits.
Miami Beach regulates driveway construction and parking under the Land Development Regulations (Chapter 130) and the city's zoning code. Vehicles must not block sidewalks when parked in driveways. Driveway aprons and curb cuts require permits from the Public Works Department. Parking on unpaved front yard areas is prohibited.
Commercial vehicle parking in Miami Beach residential areas is regulated by Miami-Dade County Code Section 33-124.1. No more than two Category 1 commercial vehicles (marked passenger vehicles, trucks, or vans under 8 feet tall) may be parked at a residence. Category 2 vehicles (larger commercial vehicles) must be stored behind the front building line within enclosed screening. Violations carry $500 fines per vehicle per day.
Miami Beach enforces strict overnight parking regulations through metered parking zones, residential parking permit districts, and time-limited street parking. Most metered spaces operate 24 hours in entertainment districts, and overnight parking on residential streets may require a residential parking permit.
Miami Beach prohibits abandoned vehicles on public and private property under Chapter 106 of the City Code and Florida Statute 715.07. Vehicles parked on public streets for more than 72 hours without being moved, or inoperable vehicles on private property, are subject to towing and impoundment.
Miami Beach previously adopted EV-ready parking requirements for new construction, but Florida Senate Bill 1084 (effective July 2024) preempts all local EV charger regulation. The city continues to operate public EV charging stations in municipal garages including Tesla Superchargers.
Miami Beach restricts oversized vehicles on the barrier island. RV and boat storage is extremely limited due to the city's dense urban character. Most streets have size restrictions. No RV camping or overnight vehicle habitation.
Miami Beach enforces strict noise standards under Chapter 46, Article IV of the City Code. Sound from radios, TVs, speakers, or other devices that is plainly audible at 100 feet between 11:00 PM and 7:00 AM constitutes a prima facie violation. The Entertainment District along Ocean Drive has additional enforcement protocols due to concentrated nightlife activity.
Miami Beach addresses aircraft noise through coordination with Miami-Dade Aviation Department and FAA regulations governing operations at Miami International Airport (MIA). As a barrier island east of the airport, Miami Beach experiences flyover noise managed through voluntary runway use procedures and federal noise standards.
Miami Beach restricts construction noise by zoning district with different schedules for residential and commercial zones. Residential zones allow construction Monday through Friday 8:00 AM to 6:00 PM and Saturdays 10:00 AM to 4:00 PM, with no construction on Sundays or national holidays. Commercial zones permit construction 7:30 AM to 6:30 PM (extended to 7:30 PM during daylight saving time).
Barking dogs and noisy animals in Miami Beach fall under Miami-Dade County Ordinance 21-28(c), which prohibits animal noise that disturbs the peace of neighbors. Police officers who respond and hear the barking can issue an immediate $100 fine. Miami Beach Animal Control also handles nuisance complaints during business hours.
Miami Beach regulates commercial and industrial noise under Chapter 46, Article IV of the City Code. The city enforces strict noise limits with specific decibel thresholds and prohibited hours, reflecting its dense mixed-use urban environment where commercial entertainment districts abut residential areas.
Miami Beach banned all gasoline-powered leaf blowers effective August 1, 2023, after a phased implementation beginning in February 2022. Only electric or battery-powered leaf blowers are permitted. Fines range from $250 for a first violation to $1,000 for third and subsequent violations within 12 months.
Miami Beach strictly regulates amplified music especially in the South Beach entertainment district. Outdoor amplified music has specific decibel limits and curfew times. Beach music events require special permits with sound plans.
Miami Beach requires permits for removing any tree that normally matures to 20 feet or more under Chapter 126 (Landscape Ordinance). No person may cut down, destroy, or effectively damage a protected tree without following the city's permit procedures. The Environment and Sustainability Department oversees tree protection.
Miami Beach has a Heritage Tree program administered by Urban Forestry. Property owners can apply to designate exceptional trees as Heritage Trees through the Heritage Tree Permit Application. Heritage Trees receive the highest level of protection and cannot be removed except under extreme circumstances.
When tree removal is approved in Miami Beach, the city requires replacement trees of equivalent or greater value. Chapter 126 mandates replacement ratios based on the removed tree's size, species, and condition. The Miami-Dade County Landscape Manual provides valuation standards. Payment into a tree trust fund may be accepted when on-site planting is infeasible.
Miami-Dade Code Chapter 24 §24-49 protects mangroves, native specimen trees, and heritage trees countywide, requiring DERM permits for trimming or removal, with strict penalties for unauthorized cutting.
Miami Beach enforces setback requirements through its Land Development Regulations that vary by zoning district. In single-family residential zones, front setbacks are typically 20 feet, side setbacks are 10% of lot width or at least 5 feet, and rear setbacks are 15-25% of lot depth. Variances require Board of Adjustment approval.
Miami Beach limits lot coverage in single-family residential zones to 30% for two-story homes, with maximum unit size at 50% of lot area. Increased lot coverage up to 40% is available for architecturally significant homes with reduced setbacks. These limits protect pervious surface area on the barrier island for stormwater management.
Miami Beach enforces strict building height limits to preserve the Art Deco architectural character and barrier island scale. Heights vary by zoning district, with single-family zones limited to 25-35 feet. Maximum height variances greater than 3 feet are prohibited. The city's height restrictions are among the most protective in South Florida.
Miami Beach requires erosion and sediment control measures on all construction sites that disturb soils. As an NPDES co-permittee with Miami-Dade County, the city mandates Best Management Practices including silt fences, inlet protection, gravel construction entrances, and floating turbidity barriers for waterfront work.
Miami Beach enforces strict coastal development controls through its Sea Level Rise and Resiliency Ordinance (2017-4123), Florida's Coastal Construction Control Line (CCCL) requirements, and local land development regulations. Properties seaward of the CCCL require DEP permits and elevated construction above base flood elevation.
Miami Beach has invested over $500 million in stormwater infrastructure to combat sea level rise and tidal flooding. The city's Stormwater Management Master Plan requires all development to maximize pervious surfaces and manage on-site stormwater. Properties must comply with the city's NPDES co-permit requirements with Miami-Dade County.
Nearly all of Miami Beach lies within FEMA Special Flood Hazard Areas (Zones AE and VE). All construction must meet or exceed Base Flood Elevation (BFE) requirements with additional freeboard. Flood insurance is mandatory for properties with federally-backed mortgages, and the city participates in the National Flood Insurance Program Community Rating System.
Miami Beach requires all development to properly grade and drain sites to prevent flooding of adjacent properties and manage stormwater in accordance with the Stormwater Management Master Plan. Properties must be filled, graded, and harmonized to match existing road elevations, with drainage directed away from neighboring lots.
Miami-Dade appointed the first US Chief Heat Officer in 2021 and adopted an Extreme Heat Action Plan addressing outdoor workers, cooling centers, tree canopy, and cool surfaces across the county.
Miami-Dade GreenPrint sustainability plan and Administrative Order 3-37 direct departments to favor environmentally preferable products, recycled content, and energy-efficient equipment in county purchases.
Miami-Dade adopted a 2022 Climate Action Strategy and Sea Level Rise Strategy, requiring departments to integrate climate adaptation into capital planning and building decisions countywide.
Miami-Dade limits unnecessary engine idling at Port Miami, Miami International Airport, and county fleet yards under air quality and operating policies, though no countywide idling ordinance applies to private vehicles.
Roof replacements in unincorporated Miami-Dade follow Florida Building Code reflectance requirements for low-slope commercial roofs, supporting heat-island goals while complying with HVHZ wind standards.
Miami Beach requires commercial door-to-door solicitors to obtain a city Business Tax Receipt and a State Home Solicitation Permit under its No Solicitation Ordinance. Both permits must be visibly displayed on the solicitor's person at all times while soliciting. The ordinance only applies to commercial solicitation.
Miami Beach maintains an official No Solicitation List through the City Clerk's Office. Residents can register their address to prohibit commercial solicitors from visiting. Posting a No Solicitation sign also provides protection. Commercial solicitors who contact registered addresses face enforcement action.
Miami Beach does not have a just-cause eviction ordinance. Evictions follow Florida Statute Chapter 83 (the Florida Residential Landlord and Tenant Act). Landlords may terminate month-to-month tenancies with 30 days written notice without stating a cause. Fixed-term leases end at expiration without renewal obligation.
Florida preempts local rent control, so Miami Beach cannot cap rent amounts. However, the city enacted Ordinance 2021-4427 requiring landlords to provide at least 60 days written notice before imposing rent increases exceeding 5%. Tenants have 30 days to accept or negotiate after receiving notice.
Miami Beach requires all rental properties to register with the city. Vacation and short-term rentals (less than 6 months and 1 day) are prohibited in single-family homes and restricted to specific zoning districts in multifamily buildings. All rental operators must obtain a Business Tax Receipt and Resort Tax certificate.
Miami-Dade landlords must follow Florida Statute §83.49, which requires written notice of how the deposit is held, return within 15 days if no claim is made, and a 30-day claim notice if deductions apply. The county adds no extra rules.
Miami-Dade does not require landlord-funded relocation assistance for ordinary lease terminations, but tenants displaced by code condemnation, demolition, or government acquisition may receive Uniform Relocation Act benefits or county housing assistance through Public Housing and Community Development.
Florida permits no-fault evictions at the end of a lease term or with proper notice for month-to-month tenancies. Miami-Dade has not enacted just-cause eviction protections, and Florida §125.0103 limits county authority to constrain landlord termination rights.
Miami-Dade Chapter 11A bars landlords from refusing to rent based on the tenant's lawful source of income, including Section 8 Housing Choice Vouchers, Social Security, veterans benefits, and other government assistance. Enforcement runs through the Commission on Human Rights.
Florida §83.67 prohibits landlord retaliation, lockouts, utility shutoffs, and removal of tenant property. Miami-Dade has no separate tenant-anti-harassment ordinance, but the county human rights ordinance Ch. 11A protects against discriminatory housing harassment.
Miami-Dade Public Housing and Community Development administers approximately 19,000 Housing Choice Vouchers. Chapter 11A protects voucher holders from landlord discrimination, and PHCD pays the housing assistance payment directly to landlords each month.
Miami-Dade enforced state and federal COVID-19 eviction moratoria from March 2020 through August 2021. The CDC moratorium was struck down by the Supreme Court, and Florida ended its emergency protections. No local moratorium currently exists in the county.
Miami Beach restricts food truck operations to approved private property locations with owner authorization. Vending on public rights-of-way requires special event permits. The city protects brick-and-mortar restaurants by limiting food truck proximity to established dining areas in the entertainment and Art Deco districts.
Food trucks operating in Miami Beach must obtain a city Business Tax Receipt and comply with Miami-Dade County mobile food service permitting. A Certificate of Use from Miami-Dade County is required annually. State licensure from the Florida Department of Agriculture is also mandatory. Operations are restricted to approved locations.
Miami Beach parks are generally open from sunrise to sunset. Public beaches are closed from 10:00 PM to 5:00 AM under City Code Section 82-2. Persons found on beaches during closed hours face citations. Specific parks may have extended hours for programmed activities.
Miami Beach enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Miami Beach limits garage sales to one per residential property per 12-month period. Each sale may last a maximum of two consecutive days. Exceeding the frequency limit or conducting sales without a permit constitutes a code violation. This is stricter than neighboring Miami-Dade County's two-per-year allowance.
Miami Beach garage sales must operate during permitted daytime hours, generally between 8:00 AM and 6:00 PM. Sales are limited to two consecutive days as specified on the permit. All signage and merchandise must be removed from view and the property restored after the sale concludes.
Miami Beach requires a permit for garage sales at a fee of $20.00. Only one garage sale is permitted per residential location in each 12-month period. Each permit is valid for two consecutive days. The permit must be obtained before the sale.
Medical marijuana dispensaries in Miami Beach are limited to specific commercial zoning districts (CD-2, C-PS2, CD-1) under Section 142-1502 of the City Code. Dispensaries must maintain a 500-foot buffer from schools and may not dispense products outside their premises. All sales must occur indoors and not be visible from outside.
Home cultivation of cannabis is illegal in Miami Beach and throughout Florida. Florida law only permits medical marijuana through licensed Medical Marijuana Treatment Centers (MMTCs). Patients with valid medical marijuana cards may possess and use approved products but cannot grow cannabis plants at home.
Florida preempts most local cannabis regulation under FL §381.986. Medical Marijuana Treatment Centers must locate at least 500 feet from public or private elementary, middle, or secondary schools. Miami-Dade applies pharmacy zoning to dispensaries since the state bars stricter local rules.
Florida MMTCs may deliver medical marijuana directly to qualified patients and caregivers anywhere in the state under FL §381.986 and OMMU rules. Miami-Dade cannot prohibit deliveries. Patients must hold a valid Medical Marijuana Use Registry ID; deliveries are tracked end-to-end by the state.
Florida bans home cultivation of cannabis for any purpose. Even registered medical marijuana patients cannot grow plants at home under FL §381.986. Cultivation is a felony under FL §893.13 with sentence enhancements for proximity to schools. Miami-Dade cannot legalize home grows.
Miami-Dade treats Medical Marijuana Treatment Centers as pharmacies under FL §381.986 pharmacy parity. Retail dispensing is allowed in commercial and business zones where pharmacies operate. Cultivation and processing are allowed in industrial and agricultural districts subject to standard zoning.
Vacant lots in Miami Beach must be maintained free of overgrown vegetation, debris, and standing water under the City Code. Owners must register vacant properties and keep them secured to prevent unauthorized access. Failure to maintain vacant lots creates mosquito breeding grounds and public nuisance conditions in this tropical climate.
Miami Beach enforces strict trash bin and solid waste regulations under Chapter 90 of the City Code. Garbage containers must have lids, trash cannot overflow, and collection is restricted to specific hours. Violations are enforced by Code Compliance at (305) 673-7555.
Miami Beach requires all properties to be maintained to minimum housing and property standards under the City Code. Properties must be painted, free of debris, have maintained landscaping, and have no broken or missing windows. The Abandoned and Vacant Properties Registry tracks neglected structures to prevent neighborhood decline.
Miami Beach requires a $20 permit for garage sales, limiting each residential address to one sale per 12 months for a maximum of two consecutive days. Business entities cannot conduct garage sales at residential locations. Items must be displayed on the property without encroaching on sidewalks or rights-of-way.
Miami Beach enforces a Turtle Nesting Protection Ordinance (Chapter 46, Article V) that requires all beachfront and nearby properties to minimize artificial lighting visible from the beach during nesting season (April 1 - October 31). The 2024 update expanded requirements to include interior lighting in hotels and commercial buildings visible from the beach.
Miami Beach regulates outdoor lighting to prevent light trespass onto neighboring properties under the Land Development Regulations and Miami-Dade County zoning standards. All exterior lighting must be directed, shielded, and focused away from adjacent properties. Additional restrictions apply near the beach for sea turtle protection.
Miami Beach regulates political and election signs under Chapter 138 of the Land Development Regulations. Temporary political signs are permitted on private property during election periods without a permit. Signs must be removed within 7 days after the election. Size and placement restrictions apply per Articles III and IV of Chapter 138.
Miami Beach requires a $20 permit for garage sales, which are limited to one per residential address per 12-month period for two consecutive days. Garage sale signs must comply with temporary sign regulations under Chapter 138 and cannot be placed on public property, utility poles, or rights-of-way.
Miami Beach permits temporary holiday decorations and displays on private residential property without a permit under the temporary sign provisions of Chapter 138. Displays must not obstruct pedestrian or vehicular traffic, create electrical hazards, or violate sea turtle lighting restrictions during nesting season (April 1 - October 31).
Miami Beach requires single-stream recycling for all properties under Chapter 90, Section 90-340 of the city code. Recyclable materials include paper, glass, metal, and plastics #1-7. All multifamily and commercial properties must have accessible recycling programs. Contaminated recycling bins may be rejected.
Miami Beach provides twice-weekly residential garbage collection through Waste Connections of Florida. Trash is collected from the rear or side yard of single-family homes. Garbage must be placed in approved containers with lids. Chapter 90 of the city code governs solid waste collection and disposal.
Miami Beach residents receive six free bulk waste pickups per year through Waste Connections of Florida. Bulk pickups must be scheduled by calling (786) 515-2726. Items should be placed at the curb no more than 24 hours before the scheduled date. Free monthly drop-off events are also available.
Miami Beach requires single-family residents to keep garbage containers in the rear or side yard, not visible from the street. Yard waste and bulk items may be placed at the curb no more than 24 hours before scheduled pickup. Containers must be returned to storage after collection.
Florida preempts most local drone regulation under the Unmanned Aircraft Systems Act, but Miami Beach restricts drone use on city property and beaches. Recreational drones near Miami Beach require FAA compliance including LAANC authorization due to proximity to Miami International Airport and Opa-locka Airport approach paths.
Commercial drone operations over Miami Beach require both FAA Part 107 certification and a city Film and Print Permit for aerial filming. The city does not issue blanket airspace permits. Each flight requires a separate permit application submitted at least 5 business days in advance with mandatory off-duty police staffing.
Solar panel installations in Miami Beach require both building and electrical permits with enhanced requirements for the High-Velocity Hurricane Zone (HVHZ). All solar equipment must carry Miami-Dade product approval (NOA) certification, and structural calculations must be stamped by a Florida-licensed Professional Engineer demonstrating wind resistance up to 180 mph.
Florida's Solar Rights Act (Section 163.04, Florida Statutes) prohibits HOAs and condominium associations from banning solar panel installations. Associations may impose reasonable aesthetic requirements but cannot increase installation costs or reduce system efficiency by more than 10%. Miami Beach enforces state law protections for solar access.
Miami-Dade County’s Building Department enforces Florida Statutes Chapter 399 and ASME A17.1 elevator standards, requiring annual inspections, certified mechanics, and posted certificates in all multifamily, commercial, and public buildings.
Miami-Dade County enforces the Florida Fire Prevention Code and Florida Building Code through the Building Department and MDFR, requiring sprinklers in most new commercial buildings, high-rises, and many multifamily projects countywide.
Miami-Dade County requires construction scaffolds and sidewalk sheds to be permitted under Chapter 8A and the Florida Building Code, with engineered design, hurricane wind ratings, and OSHA worker-safety compliance for all multistory projects.
Miami-Dade landlords and sellers of pre-1978 housing must follow federal Title X lead-paint disclosure rules, and the Florida Department of Health Miami-Dade office responds to elevated child blood-lead cases with home assessments.
Miami-Dade landlords and homeowners must keep buildings free of termites, rodents, and roaches under Chapter 8A property-maintenance rules, and the Florida Department of Health Miami-Dade office investigates serious pest-related health hazards.
Miami-Dade County encourages green construction through its Resilient305 strategy and offers expedited permitting and incentives for projects meeting LEED, Florida Green Building Coalition, or county sea-level-rise standards alongside the post-Andrew building code.
Miami-Dade childcare centers must satisfy Florida Building Code, Florida Fire Prevention Code, and DCF licensing standards, with extra county zoning and inspection oversight to protect children in classroom and outdoor-play environments.
Florida HB 1365 (2024) prohibits sleeping or camping on public property statewide effective October 1, 2024. Miami-Dade enforces the ban, with citations and arrests possible after available shelter beds are offered through Camillus House and the Homeless Trust outreach team.
Miami-Dade conducts encampment sanitation through the Homeless Trust and MDPD homeless outreach. Sweeps offer shelter at Camillus House, Chapman Partnership, or Lotus House, then remove abandoned property after a 24-hour notice and store personal items for retrieval.
Miami-Dade's Continuum of Care provides bridge and transitional housing through Camillus House, Chapman Partnership, Lotus House, and Salvation Army. The Homeless Trust funds approximately 9,000 emergency, transitional, and rapid-rehousing beds annually using its food and beverage tax revenue.
Florida licenses food establishments through DBPR (most restaurants) and FDACS (groceries). FDOH-Miami-Dade handles institutional kitchens, schools, and complaints. Florida does not issue letter grades, but inspection reports are public and posted online by establishment.
Miami-Dade Code Chapter 8B addresses property maintenance and nuisances, including rodent harborage. Owners must keep premises free of conditions attracting rats. Mosquito Control District also handles vector inspections. Violations are enforced by Code Compliance with civil fines under Chapter 8CC.
Florida lacks a specific bed bug statute, but landlords must maintain habitable rental units under FL §83.51. Miami-Dade Code Compliance enforces minimum housing standards under Chapter 17. Tenants can demand treatment in writing and withhold rent only after statutory notice procedures.
Florida law treats household sharps as solid waste but encourages safe containment. Miami-Dade Solid Waste accepts sharps in rigid puncture-resistant containers at home-chemistry collection events. The IDEA Exchange in Miami operates Florida's first syringe services program under FL §381.0038.
Florida requires every DBPR-licensed restaurant to have at least one Certified Food Protection Manager (CFPM) and all employees trained in food handler basics within 60 days of hire. Certification follows ANSI-CFP accredited courses such as ServSafe and is valid five years.
Florida Statute §877.112 raised the legal sales age for tobacco and nicotine products to 21 in 2021, aligning with federal Tobacco 21 law. Miami-Dade enforces ID verification at retail. Sales to anyone under 21, including military personnel, are prohibited; the prior military exemption no longer applies.
Florida §877.111, enacted in 2022, expressly preempts local governments from banning or restricting the sale of flavored tobacco and nicotine products. Miami-Dade cannot prohibit menthol cigarettes, flavored vape pods, or flavored cigars. Federal FDA flavor rules continue to apply to cartridge-based e-cigarettes.
Florida requires retailers to hold a Tobacco Products Permit issued by the Division of Alcoholic Beverages and Tobacco. Miami-Dade Code Chapter 17B regulates cigarette and vape vending machines, prohibiting placement where minors have unsupervised access. Local zoning controls smoke-shop and vape-shop locations.
Florida §500.90 preempts local bans on polystyrene foam containers in private commerce. Miami-Dade cannot ban Styrofoam at private restaurants. The county does prohibit polystyrene at county facilities, parks, and beaches under Resolution R-578-15, which courts have upheld as proprietary action.
Florida Statute §403.7033 preempts all local regulation of disposable plastic bags. Miami-Dade and its cities cannot ban or tax single-use plastic bags. Miami Beach passed a bag ban in 2018 that was struck down. Retailers may voluntarily adopt reusable-bag programs.
Florida HB 771 (2019) imposed a moratorium on local plastic straw bans, later effectively continued. Miami-Dade restricts plastic straws only at county-owned beaches, parks, and facilities under proprietary authority. Private restaurants countywide may freely provide plastic straws.
Miami-Dade enforces a year-round two-day-per-week irrigation schedule under Code Chapter 32 and South Florida Water Management District rules, restricting lawn watering to designated days and hours.
WASD offers conservation rebates for replacing high-water-use turf with Florida-friendly landscaping, micro-irrigation, and rain sensors in unincorporated Miami-Dade and participating cities.
WASD operates a reclaimed water program serving select irrigation customers and is investing in advanced treatment to recharge the Biscayne Aquifer, reducing reliance on potable water.
Miami-Dade WASD customers can request a one-time leak adjustment on their water bill after repairing a documented leak, with proof of repair and a six-month consumption history.
The Miami-Dade Comprehensive Development Master Plan (CDMP) sets long-range land use, infrastructure, and growth policy for unincorporated areas, guiding zoning decisions and amendments under Chapter 33.
Miami-Dade Code Chapter 33C designates Rapid Transit Zones along Metrorail and SMART Plan corridors, allowing higher density mixed-use development near stations under county-controlled standards.
Miami-Dade Code Chapter 33 §33-193.7 offers density bonuses to developers in unincorporated areas who provide workforce housing units affordable to households earning 65 to 140 percent of area median income.
Miami-Dade Complete Streets Design Guidelines and Resolution R-1009-14 require bicycle and pedestrian accommodations on county roadway projects, integrating with the SMART Plan and regional Bike305 network.
Shared electric scooter and bike programs in Miami-Dade operate under municipal pilot agreements; the county follows Florida Statute 316.2128 for personal scooters and prohibits sidewalk riding in business districts.
Tobacco and vape retailers in unincorporated Miami-Dade must hold a state Tobacco Products Permit and a county Local Business Tax Receipt. Florida preempts most flavor and product bans, but local zoning and age-verification still apply.
Secondhand dealers in Miami-Dade must register with the Sheriff under Florida Statute 538, hold a county Local Business Tax Receipt, and report all transactions daily to the LeadsOnline electronic database used by MDPD detectives.
Pawnbrokers operating in Miami-Dade need a state Florida Pawnbroking Act license under FL Statute 539.001, a county Local Business Tax Receipt, and must report every pledge to MDPD via LeadsOnline within 24 hours of the transaction.
Tow truck operators working in unincorporated Miami-Dade must obtain a Wrecker Operator Permit from the Department of Regulatory and Economic Resources under Chapter 30A, and rates are capped on the county's published tow rate schedule.
Massage businesses in Miami-Dade need a state license from the Florida Board of Massage Therapy under FL Chapter 480, a county Local Business Tax Receipt, and must comply with anti-trafficking rules including posted hotline notices and ID checks.
Urinating or defecating in public view in unincorporated Miami-Dade is a misdemeanor under Chapter 21 disorderly-conduct provisions, with offenses on park property prosecuted under separate Park and Recreation rules in Chapter 26B.
Miami-Dade Chapter 21 bans aggressive solicitation, including blocking pedestrians, touching strangers, soliciting near ATMs, and approaching occupied vehicles in traffic. Passive panhandling remains protected speech under Florida and federal case law.
Miami-Dade bans smoking and vaping in all county parks and beaches under Chapter 26B, following Florida's 2022 Clean Indoor Air Act amendment that authorized local outdoor restrictions. Cigars are exempt at beaches per state law.
Loud parties in unincorporated Miami-Dade trigger Chapter 21 disorderly conduct enforcement and Chapter 8CC noise civil penalties. Hosts of repeat unruly gatherings face escalating fines and possible cost-recovery for officer response time.
Hotels and short-term rentals in Miami-Dade collect a combined 13 percent tax: 6 percent state sales tax, 4 percent Convention Development Tax, 3 percent Tourist Development Tax, and 2 percent Professional Sports Franchise Tax under Chapter 29.
Miami-Dade's Living Wage Ordinance (Chapter 2 §2-8.9, enacted 1999 as the first U.S. county living-wage law) requires direct county service contractors and airport and port concessionaires to pay above the state minimum, with rates indexed annually by the Inspector General.
Miami-Dade cannot set its own minimum wage above the Florida rate. The state Constitution Article X Section 24 fixes the floor at $14.84 in 2026, rising to $15 in September and indexed thereafter. Local minimum-wage ordinances are preempted.
Miami-Dade cannot mandate paid sick leave or predictable scheduling for private employers. House Bill 433 (2024) preempts all local employment benefits, hours, scheduling, and leave standards to the state, voiding any past or future county or city ordinances.
Florida Statute 509.032(7) and broader employment preemption framework prevent local governments from requiring private employers to follow predictive or fair-scheduling rules beyond state and federal law.
Miami-Dade is not a sanctuary jurisdiction. After being labeled a sanctuary 2013 to 2017, then-Mayor Carlos Gimenez ordered full ICE cooperation in January 2017. Florida Senate Bill 168 (2019) requires all Florida sheriffs to honor ICE detainer requests.
Florida Statute 448.095 requires every private employer with 25 or more employees to use the federal E-Verify system to confirm work authorization for new hires beginning July 1, 2023, with public agencies and contractors subject to broader requirements.
Miami-Dade County residents report code violations through the 311 Contact Center, online portal, or the Miami-Dade County mobile app. The Regulatory and Economic Resources (RER) Department handles code enforcement for unincorporated areas. Municipalities handle their own incorporated areas.
Miami-Dade County code enforcement response times vary by violation type. Life-safety hazards receive priority response within 24 hours. Standard complaints are typically inspected within 7 to 14 business days. Property owners receive compliance deadlines of 10 to 30 days after notice.
The most common code violations in Miami-Dade County include unpermitted construction, overgrown lots and vegetation, illegal short-term rentals, commercial vehicles in residential areas, signage violations, and property maintenance deficiencies. Hurricane-damaged structures are an ongoing enforcement priority.
Miami-Dade County does not specifically ban bamboo but regulates invasive species under Chapter 18A (Landscape Code) and Chapter 18B (Right-of-Way Landscape). Running bamboo species can become invasive in South Florida's tropical climate. County prohibited plant lists focus on documented invasive species threatening native ecosystems.
Miami-Dade County maintains one of the strictest prohibited plant species programs in the U.S. It is illegal to sell, propagate, or plant certain invasive species under Chapter 18A. The list includes Australian pine, Brazilian pepper, melaleuca, carrotwood, and many others. Controlled species cannot be planted within 500 feet of native plant communities.
Miami-Dade County allows front yard gardens including vegetable gardens. Florida Statute §604.71 (2019) protects homeowners' right to grow vegetables on residential property, overriding HOA and local restrictions. The county's tropical climate supports year-round edible gardening.
Miami-Dade County follows Florida state law on security cameras. Homeowners may install cameras on their property without a permit. Florida Statute §810.145 prohibits video voyeurism. Cameras must not record areas with a reasonable expectation of privacy.
Florida is a two-party (all-party) consent state under FL §934.03. Recording any conversation — in person or by phone — without the consent of all parties is a third-degree felony punishable by up to 5 years in prison. This is one of the strictest recording consent laws in the nation.
Miami-Dade County limits residential fences to 6 feet in rear and side yards and 4 feet in front yards under the county zoning code. Chain-link fences require a Zoning Improvement Permit. All fences must meet the South Florida Building Code for hurricane wind resistance.
Miami-Dade County requires building permits for most sheds and accessory structures. Small utility sheds may qualify for exemption under specific conditions. All structures must meet the South Florida Building Code's 185 mph wind resistance standard.
Miami-Dade County requires permits for most fence installations. Chain-link fences need a Zoning Improvement Permit. The county introduced a streamlined stand-alone residential fence permit process in May 2024. All fences must meet the South Florida Building Code wind resistance standards.
Miami-Dade County requires building permits for most deck and covered patio construction. Wood decks 18 inches or less above ground are exempt. Open concrete patios, walkways, and pavers do not require a building permit. All elevated structures must meet 185 mph wind standards.
Miami-Dade County requires building permits for most renovation work. The South Florida Building Code's 185 mph wind standard applies to all structural modifications. Permit fees were revised effective October 1, 2025. Online permitting is available through the county portal.
Florida allows permitless concealed carry of firearms by law-abiding adults under FS 790.01 and continues to issue concealed weapon licenses through FS 790.06, with both regimes preempting local concealed-carry restrictions.
Florida Statute 790.33 expressly preempts the entire field of firearm and ammunition regulation to the state, voiding all local ordinances and imposing personal civil penalties on local officials who knowingly enact or enforce conflicting rules.
Florida Statute 790.053 generally bans the open carry of firearms by individuals, with limited exceptions for hunting, fishing, camping, target shooting, and lawful self-defense, and preempts any local variance.
Florida Statute 790.25(5) allows any law-abiding person 18 or older to possess a concealed firearm in a private vehicle for self-defense, provided the firearm is securely encased or not readily accessible for immediate use, regardless of any concealed-carry license.
Florida Statutes 823.14 and 163.3162 restrict local governments from adopting zoning rules that inhibit established farms on agriculturally classified land, preserving agricultural uses against incompatible local regulation.
Florida Statute 823.14, the Florida Right to Farm Act, protects established bona fide farm operations from nuisance suits and local ordinances that would inhibit standard agricultural practices conducted in good faith.