The Public Art Program shall be administered by the Public Art Division, a division within the City’s Planning Department.

See Chapter 62, Article XVI, of the City Code regarding the AIPBB, procedures, and other applicable requirements.

The Public Art Division shall prepare both a Public Art Master Plan and Public Art Program Guidelines as defined in Article 1, Section 1.5. The Public Art Master Plan and the Public Art Program Guidelines shall be prepared and subject to approval of the City Commission, pursuant to a recommendation by the AIPPB. The Commission, pursuant to a recommendation by the AIPPB, shall also review and approve amendments to the Public Art Master Plan and the Public Art Program Guidelines, as may be proposed by the Public Art Division.

1. Government Development Projects including but not limited to those by the City, a Community Redevelopment Agency, the County, the State, or any other governmental agency shall comply with the provisions of Section 11.7 of this Article.
2. The Building Department will calculate the pertinent Public Art Fee in accordance with this Article. When disputes arise in determining the Public Art Fee, the Developer(s) shall provide the Building Department and the Public Art Division a copy of the executed notarized construction services contract(s) for the Government Development Project so that the City can accurately determine the Construction Cost and properly calculate the Public Art Fee based upon the anticipated Construction Cost.
3. The AIPPB, at a public hearing, may waive the following from the Public Art Program upon recommendation from the Public Art Division:
   1. The reconstruction of Structures which have been damaged by fire, flood, wind, or other act of God.
   2. The restoration or rehabilitation of a portion(s) of a Historic Resource as defined in Article 1, Section 1.5. that does not alter the size or occupancy load of the Structure.
   3. The repair or rehabilitation of a Structure for the installation of fire sprinklers or improvements pursuant to the American with Disabilities Act.
   4. Government Development Projects funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s).
   5. Affordable Housing Developments not otherwise required to provide Public Art pursuant to Section 2-11.15 of the Miami-Dade County Code, as amended.

1. All Developers for Government Development Projects shall provide for the acquisition of Art equivalent in value to not less than one and one-half percent (1.5%) of the Project Cost of all Government Development Projects. Acquisition, commissioning, and selection of Art for Government Development Projects shall be in accordance with the criteria and standards set forth in the adopted Public Art Master Plan and Public Art Program Guidelines and subject to approval by the AIPPB. To the extent the total amount is not used for the acquisition, selection, or commissioning of Art, the remainder may be used for:
   1. Public Art Program or administrative costs, repair and maintenance of any Art acquired under this Section, or insurance for any Art; or
   2. To supplement other acquisition, commissioning, or selection of Art under this Section or the costs to transport, relocate, or remove Art in, on, or near government facilities which have already been constructed.
2. Private funds used for Government Development Projects on land owned by the City, County, State, federal or any other governmental agency and on private property are subject to a one and a one-half percent (1.5%) Public Art Fee to be paid into the Fund prior to issuance of a master building permit.
3. The AIPPB, upon a public hearing, may exempt the following from the Public Art Program upon recommendation from the Public Art Division:
   1. The requirements of Section 11.7(a) may be waived by resolution of the AIPPB when a Government Development Project is funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s); or
   2. Government Development Projects or portions thereof that do not include Structures.