HomeMy WebLinkAboutDocumentation_Regular_Tab 14_1/8/2026 Agenda Item #14.
Regular Council
STAFF MEMO
A-1
Meeting: Regular Council - Jan 08 2026
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 14-25, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE IX.-
SUPPLEMENTAL REGULATIONS. BY CREATING AN ENTIRELY NEW DIVISION TO BE
ENTITLED "DIVISION 8.5. — FILMING OPERATIONS" TO ADOPT REASONABLE REGULATIONS
COMMON IN MANY NEIGHBORING JURISDICTIONS FOR COMMERCIAL FILMMAKING,
VIDEOTAPING AND PHOTOGRAPHY; PROVIDING DEFINITIONS, PROVIDING EXCEPTIONS,
PROVIDING A PERMITTING PROCESS, AND PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
.SUMMAR) A
Following the September 29, 2025, Village Council Workshop, staff is providing this updated
memorandum regarding the proposed ordinance regulating commercial filmmaking, videotaping, and
photography on public property within the Village.
The proposed ordinance is intended to ensure public safety, minimize disruptions to residents and
businesses, and protect Village interests while allowing reasonable commercial production activities.
It establishes clear definitions, permit requirements, application procedures, prerequisites, conditions,
penalties, and recommended fees and timelines.
At the workshop, the Council expressed general support for the framework presented in the original
Staff Memo (attached for reference). No major structural changes were recommended. Discussion
focused primarily on improving clarity, narrowing the scope, and adding protections to ensure the
ordinance is enforceable, fair, and resident-friendly without unnecessarily restricting non-commercial
activities.
Key Points of Consensus and Refinements
1. Scope of the OrdinanceThe ordinance applies only to commercial/professional productions
that require temporary closure, exclusive use, or significant interference with public spaces
(streets, sidewalks, rights-of-way, parks, etc.). It explicitly does not apply to:
o Personal or family events (e.g., wedding photos, family portraits)
o News gathering and reporting (e.g., local TV news stories)
o Student filmmaking or photography projects (high school or college)
o Drone operations (preempted by state law; the Village lacks authority to regulate)
2. Definitions:"Commercial filming/photography" includes feature films, television programs,
commercials, print advertisements, promotional videos, and still photography shoots
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Agenda Item #14.
conducted by production companies or professional photographers for profit. The focus
remains on activities that impact public access or safety.
3. Permit and Application Fee
o A permit will be required for all covered activities.
o Application fee: $40 per shooting day (for multi-day shoots, the fee applies daily).
o Applicants remain responsible for any additional reimbursable costs incurred by the
Village (e.g., police, fire, or public works staffing).
4. Application Review ProcessApplications will be reviewed by relevant departments (Police,
Fire, Public Works, etc.) in a manner similar to the special event permit process.
5. Prerequisites for Permit Issuance
o Applicants must identify exact filming locations.
o Village staff will notify affected residents/property owners when filming may impact
private views (e.g., backyards visible in shots), particularly when minors are involved or
appear in sensitive situations (e.g., swimwear).
o Permit conditions will require compliance with all applicable privacy and child-protection
laws.
6. General Conditions and Protections Emphasis was placed on clear, objective standards that
protect residents and minors while remaining practical to administer.
The Council supported moving forward with the draft ordinance, incorporating the refinements
discussed above rather than pursuing major overhauls. Staff has prepared a revised ordinance
reflecting these updates for consideration.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
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Ordinance 14-25 Revised after First Reading (002)
Motion Picture
BUSINESS IMPACT ESTIMATE Tequesta Ordinance 14-25 Filming Activities v1
Page 310 of 572
Agenda Item #14.
ORDINANCE NO. 14-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE
IX.- SUPPLEMENTAL REGULATIONS. BY CREATING AN ENTIRELY
NEW DIVISION TO BE ENTITLED "DIVISION 8.5. — FILMING
OPERATIONS" TO ADOPT REASONABLE REGULATIONS COMMON
IN MANY NEIGHBORING JURISDICTIONS FOR COMMERCIAL
FILMMAKING, VIDEOTAPING AND PHOTOGRAPHY; PROVIDING
DEFINITIONS, PROVIDING EXCEPTIONS, PROVIDING A PERMITTING
PROCESS, AND PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, from time to time the Village of Tequesta is approached by
commercial filmmaking or photography operations for permission to utilize public places
in the Village to conduct such activities; and
WHEREAS, the Village of Tequesta currently has no regulations to apply to such
activities, and instead has utilized its special event permitting process to regulate such
activities when necessary; and
WHEREAS, the Village of Tequesta desires to adopt "best practice" regulations
common in neighboring jurisdictions to regulate such activities on a going forward basis,
including definitions, exceptions, a permitting process, and the provision of penalties for
violations; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of
this ordinance to establish procedures for permitting commercial filmmaking,
videotaping and photography on public property in the Village to be in the best interests
of the Village and finds that this ordinance will generally promote the public health,
safety and welfare of the Village.
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Agenda Item #14.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78 — Zoning, Article IX.- Supplemental Regulations, of the
Code of Ordinances of the Village of Tequesta is hereby amended to create an entirely
new Division 8.5. — Filming Operations. Division 8.5. — Filming Operations shall
hereafter be created to read as follows:
CHAPTER 78. - ZONING
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 8.5. - FILMING OPERATIONS
Sec. 78-565. - Purpose.
The purpose of this article is to regulate the activities of commercial filmmaking,
videotaping, and photography that will take place on or that are anticipated to affect
public places in the Village of Tequesta including but not limited to roads, sidewalks,
parks, beaches, and public buildings, or that are anticipated to have an impact on the
provision of Village provided services.
This article does not regulate the activities of commercial filmmaking, videotaping, and
photography when such activity will take place wholly on private property with no
expected impact to public places in the Village or to the provision of Village provided
services.
Sec. 78-566. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Applicant means an individual, firm, partnership, corporation, company, or other legal
entity that has submitted an application for a Filming Permit under this article. An
Applicant becomes a Permittee upon the Village's issuance of a Filming Permit.
Camera means any device used to produce theatrical motion pictures, television
entertainment motion pictures, industrial motion pictures, television commercials, still
photography, or any other photography, regardless of medium. Camera shall include
(but not be limited to) aerial filming or photography devices.
Filming Operations means activities necessary to create still, live, or motion pictures,
whether made with a camera on or by film, electronic tape, aerial filming or photography
device, or any other electronic device used to produce theatrical motion pictures,
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Agenda Item #14.
television entertainment motion pictures, industrial motion pictures, television
commercials, still photography, or any other photography, regardless of medium, for use
in any print or electronic media. Filming Operations shall include (but not be limited to)
the erection, dismantling, and transportation of cameras and other equipment intended
to be utilized for said activities. Filming operations shall also include (but not be limited
to) set construction, actual filming, rehearsals, and set teardown.
Filming Permit means the permit required by this article for an Applicant wishing to
conduct Filming Operations (as defined above):
(1) On Village Property, or
(2) Affecting Village Property or the use thereof, or
(3) Impacting the provision of Village Provided Services.
Permittee means any Applicant to whom a Filming Permit is issued by the Village under
this article.
Village Property means any real or tangible property owned or controlled by the Village
including, but not limited to any public roads, sidewalks, parks, beaches, or public
buildings.
Village Provided Services means law enforcement, fire rescue, parks and recreation,
general municipal, and water, sewer, drainage and other utility services.
Sec. 78-567. - Penalty for violations.
Persons or other entities found to be in violation of any provision of this article may be
subject to penalties provided by law for the violation of municipal ordinances or,
alternatively, may be subject to the jurisdiction of the Village's code enforcement special
magistrate or citation process. Nothing in this section shall prevent the Village from
seeking civil injunctive relief. Any person, organization, corporation, agency, or entity
that conducts Filming Operations without having first obtained a valid Filming Permit
shall be assessed a penalty, in accordance with the fee schedule adopted by the Village
Council as may be amended from time to time.
Sec. 78-568. - Waiver of provisions.
The Village Council may in its discretion, and upon good cause shown, waive any
requirements of this article.
Secs. 78-569 — 78-570. - Reserved.
DIVISION 2. - FILMING PERMITS
Sec. 78-571. - Required.
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Agenda Item #14.
Persons or other entities wishing to conduct Filming Operations on Village Property, or
wishing to conduct Filming Operations that are anticipated to affect Village Property or
the use thereof, or impact the provision of Village Provided Services must apply in
advance to the Village and obtain a Filming Permit for that activity from the Village
Council. IT is the responsibility of the Permittee to assure that the Filming Permit is
present at all times at the site of the Filming Operations. Filming Permits are non-
transferrable.
Sec. 78-572. — Certain activities exempt.
The following activities are specifically exempted from the provisions of this article;
however, such exempt activities must also be in full compliance with all other applicable
ordinances, laws, rules, regulations, and court orders, including, but not limited to, such
laws, rules, etc. regulating motor vehicles and traffic, rights-of-way, parking, noise,
common law and statutory nuisance offenses, mobile food vendors, environmental
protection in general and stormwater management, sensitive land management,
mangrove protection and water control and protection in particular:
(1) Personal/family use: Persons conducting Filming Operations exclusively for their
own individual or family use when such Filming Operations last for no longer than
two hours (including any setup and breakdown), involve the participation of no
more than 10 individuals, and such individuals:
a. Are using only hand-held cameras, hand-held props, and/or hand-held
equipment, and
b. Are not asserting exclusive use of Village owned or controlled property;
are not using prop vehicles, weapons, pyrotechnics, or animals
(personally owned domesticated household pets as defined in Chapter 10
of the Village's Code of Ordinances are permitted); are not using actors
costumed as first responders or law enforcement personnel; are not using
language or behavior likely to incite violence or panic; and are not violating
or simulating violations of any laws, rules, etc.
(2) Educational use: Bona fide students and/or faculty conducting Filming
Operations exclusively for educational purposes, when such Filming Operations
are at all times supervised and managed by one or more faculty members from
the educational institution, and the students and faculty members:
a. Are using only hand-held cameras, hand-held props, and/or hand-held
equipment, and
b. Are not asserting exclusive use of Village owned or controlled property;
are not using prop vehicles, weapons, pyrotechnics, or animals
(personally owned domesticated household pets as defined in Chapter 10
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Agenda Item #14.
of the Village's Code of Ordinances are permitted); are not using actors
costumed as first responders or law enforcement personnel; are not using
language or behavior likely to incite violence or panic; and are not violating
or simulating violations of any laws, rules, etc.
(3) News media use: Employees of print or electronic news media when conducting
Filming Operations of ongoing news events, although this exemption shall not
apply to simulations or reenactments orchestrated by print or electronic news
media, or to any scripted content.
(4) Law enforcement and regulatory use: Agents or other authorized representatives
of Village, state, or federal law enforcement or regulatory agencies conducting
Filming Operations for official and authorized law enforcement or regulatory
purposes. Filming Operations conducted pursuant to this exemption shall be
coordinated through the Village's Police Department and Village Manager.
Sec. 78-573. - Application.
(1) Required. A completed Filming Permit application must be submitted by the
Applicant to the Village no less than 30 business days prior to the date the
proposed Filming Operations are to commence.
(2) Filing and changes to approved permit. In order to be considered complete, a
Filming Permit application must be filled out in full, and must include all required
certificates of insurance, fees, indemnification and hold harmless agreements,
and all other information reasonably requested by the Village relating to the
proposed Filming Operations. Only Filming Activities approved in the Filming
Permit may be conducted. If any modification to the approved Filming Activities
is required by the Permittee, such modifications must be applied for in writing,
and must be approved by the Village Manager prior to any modified Filming
Activity taking place.
(3) Certificates of insurance. The Applicant shall provide at its own cost and
expense comprehensive general liability insurance coverage endorsing the
Village as an additional insured with limits of liability not less than $5,000,000-00
per occurrence. All required insurance policies shall provide a waiver of
subrogation and rights of
(4) Recovery against the Village, including its agents, officers, past and present
employees, elected officials, and representatives. The insurance policy in effect
shall protect both parties and be primary and non-contributory for any and all
losses covered by the above-described insurance. Insurers have no recourse
against the Village for payment or assessments in any form on any insurance
policy. When an aircraft is to be involved in any filming, the applicant will be
required to obtain aviation coverage with limits of liability not less than
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Agenda Item #14.
$10,000,000-00 per occurrence. If any watercraft is to be involved in filming,
marine coverage is required with limits of liability not less than $10,000,000.00
per occurrence. The Village council may increase the limits of liability and
request additional coverages as necessary upon the recommendation of the
Village Manager or Chief of Police.
(5) Fees. The Applicant shall pay to the Village an administrative processing fee
and daily filming operations fee, in accordance with the fee schedule adopted by
the Village council by resolution as may be amended from time to time.
Sec. 78-574. — Conditions precedent to permit issuance; standard permit
conditions.
(1) Prior to a Filming Permit being granted, the following shall be satisfied:
a. Hold harmless agreement: The Applicant/Permittee shall execute a hold
harmless agreement in favor of the Village. Such hold harmless
agreement shall release and forever discharge the Village and agree to
indemnify, defend, and hold free and harmless the Village and its agents,
employees, elected officials, and representatives from and against any
and all claims, losses, penalties, damages, settlements, costs, charges,
attorneys' or other professional fees, or other professional fees, or other
expenses or liabilities of every kind and character arising out of or relating
to any and all claims for bodily injury, including death in connection with or
arising directly or indirectly out of the Filming Operations of the
Applicant/Permittee or its agents, representatives or employees within the
Village. The hold harmless agreement shall be executed by the
individual(s) or entity(ies) capable financially and otherwise of honoring
the terms thereof, and the agreement shall be in a manner and form
acceptable of the Village and deemed to provide the protection necessary
to the Village as intended by this section.
b. Indemnification: To the fullest extent allowed by law, the
Applicant/Permittee shall protect, defend, reimburse, indemnify, and hold
free and harmless the Village and the Village's agents, employees, elected
officials, and representatives from and against any and all claims, losses,
penalties, damages, settlements, costs, charges, attorneys' or other
professional fees, or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims, liens, demands,
obligations, actions, proceedings, and cause or causes of action of every
kind and character in connection with, arising directly or indirectly out of,
or related to the Applicant/Permittee and the Filming Operations
performed under the Filming Permit application. Without limiting the
generality of the foregoing, the Applicant/Permittee's indemnity shall
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include all claims, damages, losses, or expenses arising out of or relating
to personal injury, death, property damage, defects in materials or
workmanship, actual or alleged infringement of any patent, trademark,
copyright, proprietary information, or applications of any thereof, or any
other tangible or intangible personal or property right or any actual or
alleged violation of any applicable statute, ordinance, administrative order,
rule, or regulation, or any order of any court. The Applicant/Permittee shall
agree to investigate, respond, adjust, and provide a defense for all and
any such claims, demands, and actions at the applicant's sole expense
and agrees to bear and remain liable for all such other costs and
expenses relating thereto, even if such claim is groundless, false, or
fraudulent. Notwithstanding the foregoing, the Applicant/Permittee's
indemnity shall not extend to liability for damages to persons or property to
the extent such damage was caused by any act, omission, or default of
the Village, or by the Village's officers, agents, or employees. The
Applicant/Permittee shall acknowledge and agree that the Village would
not under any circumstances issue a Filming Permit without this
indemnification of the Village by the applicant and that the Village's
issuance of a Filming Permit shall constitute good and sufficient
consideration for this indemnification. These provisions shall survive the
expiration or earlier termination of the Filming Permit application. Nothing
in this agreement shall be construed to affect in any way the Village's
rights, privileges, and immunities as set forth in Sec. 768.28, Florida
Statutes as that law may be amended from time to time.
c. Deposit for extraordinary services: The Applicant/Permittee shall deposit
with the Village an amount determined by the Village Manager, to
compensate the Village for any extraordinary services required to be
provided by the Village for purposes of carrying on the Filming Operations
to be conducted pursuant to the terms of the Filming Permit or any
modification made to the Filming Permit.
(2) The following are required conditions to be included in all Filming Permits:
a. Time limitations: In no event shall any Filming Operations authorized
pursuant to the terms of any Filming Permit be conducted prior to 9:00
a.m. on any given day, or between the hours of 3:00 p.m. and 5:00 p.m.
on any given day. Dates upon which Filming Operations are allowed
pursuant to any particular Filming Permit shall be subject to the approval
of the Village Manager.
b. Maintenance of traffic plan: In the event that any particular Filming Permit
authorizes Filming Operations that are anticipated to interfere with the
normal flow of pedestrian, bicycle, or vehicular traffic on or in any Village
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Agenda Item #14.
right-of-way, the Applicant/Permittee shall provide a maintenance of traffic
plan which must be approved prior to the start of Filming Operations by
the Village Manager, Fire Chief and Police Chief.
c. Compliance with laws: the Applicant/Permittee shall agree that all Filming
Operations will comply with all Filming Permit requirements and
conditions, and also be in full compliance with all other applicable
ordinances, laws, rules, regulations, and court orders, including, but not
limited to, such laws, rules, etc. regulating motor vehicles and traffic,
rights-of-way, parking, noise, common law and statutory nuisance
offenses, mobile food vendors, environmental protection in general and
stormwater management, sensitive land management, mangrove
protection and water control and protection in particular.
(3) In addition to any other Filming Permit conditions, the Village may place
additional conditions on Filming Operations if deemed necessary by the Village
Manager to protect the public health or safety or the general welfare of the
community, its citizenry, and/or the environment of the Village, or to prevent a
public nuisance. Such conditions may include, but are not limited to, requiring the
use of police, fire, and/or other Village personnel, at the sole cost and expense of
the Applicant/Permittee, during Filming Operations; and/or limiting the total
number of days or any consecutive number of days that Filming Operations may
take place.
Sec. 78-575. — Review and village council action; revocation; appeal.
(1) Every application for a Filming Permit shall be processed through the Village
Manager's Office.
(2) The Village Manager or designee shall review the complete application for a
Filming Permit. Upon completion of this review, the Village Manager or designee
shall either approve the application for a Filming Permit as presented, approve
the application for a Filming Permit with conditions intended to mitigate any
anticipated adverse impacts caused by the proposed Filming Operations, or deny
the application for a Filming Permit.
(3) The Village Manager may deny an application for a Filming Permit for any of the
following reasons:
a. The proposed Filming Operations will pose an unreasonably negative
impact on the health, safety, or welfare of the Village or its residents or
visitors.
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Agenda Item #14.
b. The proposed Filming Operations will impose an unreasonable burden on
Village staff, the staff of other governmental agencies, or upon Village
Property or Village Provided Services.
c. The proposed Filming Operations will unreasonably deprive Village
residents or visitors of the use of Village Property or Village Provided
Services for an extended period of time.
d. The proposed Filming Operations would violate any ordinance of the
Village, or any other government agency's law, rule, or regulation.
e. The Applicant has made a material misrepresentation in the Filming Permit
application.
f. The proposed Filming Operations will create a public nuisance.
g. The Applicant has violated any conditions of a previously issued Filming
Permit, or has, in any circumstance, previously violated any ordinance,
rule, regulation, law, or court order in the Village.
h. The Applicant has previously conducted Filming Operations in the Village
without receiving a Filming Permit when a Filming Permit was required.
(4) The Village Manager or the Police Chief may revoke a Filming Permit and
thereby cause all Filming Operations to immediately cease upon violation of any
Filming Permit requirement, or the terms of this article.
(5) If a Filming Permit is revoked by the Village Manager or Police Chief, the
Permittee may appeal the revocation to the Village Council. The appeal must be
filed within 10 business days of the revocation and must include payment of the
associated appeal fee in accordance with the fee schedule adopted by the
Village council by resolution as may be amended from time to time. The appeal
will be heard by the Village Council at the next available Village Council meeting.
Section 2: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
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Agenda Item #14.
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #14.
Workshop
A-1
STAFF MEMO
Meeting: Workshop - Sep 29 2025
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion On Establishing a Permit Process for Commercial Motion Picture Use Permit
This item is being brought to Council by staff for discussion and consideration. From time to time,
staff receive a request from a company to film within the Village of Tequesta. We currently don't have
an official process for approval of these permits.
This staff report provides potential draft language for an ordinance regulating commercial motion
picture making within the Village of Tequesta. The proposed language is adapted from similar
municipal codes and aims to establish clear definitions, permit requirements, and conditions to ensure
public safety, minimize disruptions, and protect Village interests. This draft is presented for workshop
discussion and potential refinement.
Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial motion picture making means video production of any nature.
Penalty for Violations.
Any person found guilty of violating the terms of this article shall be subject to the general penalty
provisions of the Village code. A citation for a violation of this chapter shall not preclude the Village
from seeking other relief such as injunctive or declaratory relief to enforce the provisions of this
chapter.
Required: Permit/Application Fee.
Any person desiring to use the public streets or sidewalks, the public rights-of-way, or other public
places within the Village for the purposes of commercial motion picture making shall be required to
first obtain a permit for that activity from the Village. This permit is not intended to preclude legitimate
video production of news events.
The application for a permit shall be accompanied by a ($XX) nonrefundable permit fee payable to
the Village for the administrative processing of the permit application. In addition to the application
fee, there will be an operating fee of $XX dollar ($XX) per day for each day that any commercial
motion picture making activities occur.
If necessary, the applicant would be required to pay all additional cost for personnel required and
determined by the Village Manager.
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Agenda Item #14.
Application.
All applications for permits referenced in the required permit section shall be filed with the Village
Building Department. To guarantee approval the application should be filed at least thirty (21) days
before a company wishes to conduct commercial motion picture making activities.
The application shall contain the following information:
The name and address of the person applying for the permit.
The number of personnel required by the applicant to conduct the commercial motion picture-making
activities for which the permit is sought.
The dates, times, and locations during and at which the proposed commercial motion picture-making
activities are to be conducted, and a description of the specific activities being proposed. This
information shall describe the specific public places sought to be utilized, the specific times of day
during which the places are requested to be utilized, and the specific activity that is to be conducted
at each place.
The name, address and telephone number of the specific person who is to be responsible for all of
the commercial motion picture making activities proposed to be conducted in the Village.
Prerequisites to Issuance.
Prior to a permit being granted under this chapter, the following shall be provided to the Village by the
applicant:
Hold harmless agreement. The applicant shall execute a hold harmless agreement in favor of the
Village, saving, defending, and holding harmless the Village, its agents, employees and
representatives, from any claim arising as a result of the commercial motion picture making activities
of the applicant, its agents, representatives or employees, within the Village. This agreement shall be
executed by an individual and/or entity capable financially and otherwise of honoring the terms
thereof, and the agreement shall be in a manner and form acceptable to the Village and deemed to
provide the protection necessary to the Village as intended by this section.
Certificate of insurance. The applicant shall provide a certificate of insurance naming the Village as a
named insured under the insurance policy for an amount not less than one million dollars
($1,000,000.00). When any watercraft is to be involved in any commercial motion picture making
activities, the insurance policy shall be for an amount not less than ten million dollars
($1070007000.00).
General Conditions.
All permits shall be subject to the following restrictions:
Time schedule. All commercial motion picture-making activities shall be conducted between the hours
of 8:00 a.m. and 6:00 p.m. Specific dates and times during which commercial motion picture-making
activities shall be allowed are subject to the approval of the Village Manager.
Deference to normal traffic flow patterns. At no time shall the public streets, sidewalks or rights-of-
way of the Village be blocked or impeded to restrict or inhibit the normal flow of pedestrian or
vehicular traffic without consent by the Village.
Analysis and Recommendations
The proposed language establishes a permitting process to regulate commercial filming activities,
ensuring they do not disrupt public access or safety. Key features include a nonrefundable application
fee, daily operating fees, insurance requirements, and operational restrictions. Staff recommends
discussing adjustments to fee amounts, timelines, or additional conditions based on Village-specific
needs, such as environmental considerations or coordination with local law enforcement. If approved
in concept, this could be formalized into a numbered ordinance for adoption. Please provide feedback
during the workshop for revisions.
Page 322 of 572
Agenda Item #14.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA
FUNDING SOURCES: NA IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONNA
Page 323 of 572
Agenda Item #14.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact Estimate"
is provided for Ordinance No. 06-25:
ORDINANCE NO. 14-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE IX.- SUPPLEMENTAL
REGULATIONS. BY CREATING AN ENTIRELY NEW DIVISION TO BE ENTITLED
"DIVISION 8.5.-FILMING OPERATIONS"TO ADOPT REASONABLE REGULATIONS
COMMON IN MANY NEIGHBORING JURISDICTIONS FOR COMMERCIAL
FILMMAKING, VIDEOTAPING AND PHOTOGRAPHY; PROVIDING DEFINITIONS,
PROVIDING EXCEPTIONS, PROVIDING A PERMITTING PROCESS, AND
PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78.ZONING.SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE;A SEVERABILITY CLAUSE,AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE;AND FOR OTHER PURPOSES.
Part I. Summary of the proposed ordinance and statement of public purpose: Ordinance
14-25 creates a new section of code governing filmmaking or commercial photography operations
within the Village. The ordinance requires anyone desiring to conduct filming operation son Village
property to apply and obtain a filming permit. The ordinance anticipates a permitting fee,
administrative fee and daily filming operations fee to be adopted by Village Council via resolution.
The ordinance also requires applicants to provide CGL insurance no less than 5,000,000 per
occurrence or$10,000,000 if aircraft or marine vehicles are to be involved in the filming.
Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the Village of Tequesta:
a. Estimate of direct compliance costs that businesses may reasonably incur if the
proposed ordinance is enacted: Commercial filmmakers desiring to utilize VOT property for
filmmaking purposes would be responsible for payment of the new fees and acquiring the
required insurance in order to film.
b. Identification of any new charges or fee on businesses subject to the proposed
ordinance, or for which businesses will be financially responsible: The ordinance
provides for new permitting, administrative, and daily fees for filmmaking activities.
c. An estimate of the Village of Tequesta's regulatory costs, including an estimate of
revenues from any new charges or fees that will be imposed on businesses to cover
such costs. The Village will have increased administrative costs associated with enforcing
the ordinance to be covered by permitting fees. The amount is unknown and is dependent on
the number of filmmaking requests.
Part III. Good faith estimate of the number of businesses likely to be impacted by the
ordinance: Unknown. The ordinance applies to filmmakers desiring to utilize VOT property for
filmmaking activities.
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Agenda Item #14.
Part IV.Additional Information (if any): None.
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