Committee continues review of construction parking penalties after staff outlines enforcement limits under state law

The committee on April 15 heard staff recommendations and legal constraints on enhancing enforcement of construction parking and traffic management plan (CPMP) violations in Miami Beach residential neighborhoods and continued the matter for further work with the city attorney.

The city code requires construction projects valued over $250,000 to obtain a CPMP when applying for a building permit; the CPMP is reviewed by the Parking Department and enforced by parking code and police staff. Jose Gonzales, Transportation and Mobility Director and Interim Parking Director, told the committee that between June 2024 and the date of the report the city issued 90 CPMP-related fines: 70 first offenses, 16 second offenses and 4 third offenses.

"The code allows for a $5,000 fine for the first offense, a $10,000 fine for the second offense, and a $15,000 fine for the third offense," Gonzales said. Staff also described one inspector assigned to CPMP inspections and additional proactive inspections done by engineering and parking officers.

Vince (building director), speaking on enforcement authority under the Florida Building Code, said stop-work orders are generally permitted only where there is an unsafe condition or imminent threat to public safety (for example, blocked access for a fire truck or blocked hydrant). He said a 1-day stop-work order can be issued when an unsafe condition is present and that the building department can revoke approval for a permit under certain circumstances.

Committee members said the volume of first-offense citations suggests weak deterrence and asked whether stronger penalties or an earlier stop-work authority could be adopted. The city attorney's office told the committee that state law limits code-enforcement fines (noting a recent court decision): a first violation may be limited to $1,000, repeat violations up to $5,000 per day, and magistrate findings of irreparable harm could allow up to $15,000 in some circumstances. The attorney advised revising the municipal penalty schedule to conform to state limits.

After discussion, the committee continued the item so staff and the city attorney can prepare conforming language and a penalty schedule that better deters repeat violations while complying with Florida law.

Why this matters: CPMP noncompliance in residential streets has drawn complaints about blocked lanes and obstructed emergency access; the committee sought clarity balancing deterrence with legal constraints.

Next steps: staff will work with the city attorney to return with revised penalty language, enforcement procedures and options for stronger second- and third-offense responses consistent with state law.