Ordinance 2025-4722 ORDINANCE NO. 2025-4722
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED,
"ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED "CITY
COMMISSION," BY AMENDING SECTION 2-14 THEREOF, ENTITLED
"MEETING PROCEDURES AND AGENDAS," TO REQUIRE THAT ANY
RESOLUTIONS PLACED ON A CITY COMMISSION AGENDA WITH A
FISCAL IMPACT GREATER THAN $75,000 AND SEEKING A WAIVER
OF THE REQUIRED REVIEW BY THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE BY 5/7THS OF THE VOTE BY THE CITY
COMMISSION MAY NOT BE PLACED ON THE CONSENT AGENDA
AND SHALL INSTEAD BE HEARD AS A REGULAR AGENDA ITEM;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTNE DATE.
WHEREAS, the Mayor and City Commission strive to provide the residents of
Miami Beach with efficient public service, much of which is initiated through legislative
action; and
WHEREAS, the City Commission has established procedures for the conduct of
its monthly meetings in Chapter 2 of the Code; and
WHEREAS, on June 22, 2022, the Mayor and City Commission adopted
Ordinance No. 2022-4496 to strengthen the City's procedural requirements, including
adopting a requirement that any ordinance or resolution initiated by a member of the City
Commission with a fiscal impact greater than $75,000.00 must be first referred to a
commission committee for review and recommendation, unless it is waived by five-
sevenths vote; and
WHEREAS, it has been determined that resolutions with significant fiscal impacts
that also seek a waiver of the required review by the Finance and Economic Resiliency
Committee should not be placed on the consent agenda, as these items require careful
consideration and full transparency in the decision-making process; and
WHEREAS, the City Commission believes that all such resolutions, regardless of
the waiver request, should be heard as regular agenda items to provide for greater public
scrutiny, promote accountability, and ensure that any fiscal impact over $75,000 is
properly vetted by the City Commission.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 2-14 of Chapter 2 of the City Code is hereby amended as
follows:
Page 1 of 7
Chapter 2
ADMINISTRATION
_ . +
ARTICLE II. CITY COMMISSION
. . .
Section 2-14. Meeting procedures and agendas.
. . .
(d) Agenda items.
(1) Item details. Items published in a city commission meeting agenda shall include
sufficient detail and information for the city commission and the public to
evaluate the items in a reasonable and timely manner and, whenever possible,
endeavor to sufficiently advise the city commission and the public of the nature
of any requested actions that may be taken on the items. A draft of any resolution
or ordinance sponsored and initiated by the mayor or a member of the city
commission shall be shared with the city administration sufficiently in advance
of the publication of the agenda to provide sufficient time for response or
comment during the scheduled meeting.
a. Fiscal impact statement required; referrals to finance and economic
resiliency committee; Items having a recurring fiscal impact. As part of the
commission memorandum that accompanies any ordinance or resolution
placed on a city commission meeting agenda (including any resolution
calling for a voter referendum on any measure), the city administration shall,
to the extent applicable, prepare a written statement, to be included as a
stand-alone section of the commission memorandum, briefly describing the
estimated or anticipated increase or decrease of the revenues or
expenditures of the city associated with the proposed measure, if any, for
the current fscal year and the subsequent fscal year. If an ordinance or
resolution sponsored and initiated by the mayor or a city commissioner is
determined to have a fiscal impact greater than $75,000, the item shall first
be referred to the finance and economic resiliency commission committee
for review and recommendation, unless the city commission waives this
requirement by a five-sevenths vote.
�R�� Anv resolution
involvino an unbudaeted exoenditure that has not been referred to the
finance and economic resiliencv committee shall be olaced on the reaular
aaenda for consideration at a commission meetina. An ordinance or
resolution sponsored and initiated by the mayor or a city commissioner
Page 2 of 7
outside of the official budgeting process, and which will have a recurring
fiscal impact of more than $100,000 per fiscal year shall require an
affirmative vote of 5/7�" of the city commission.
b. To the extent determined applicable by the city administration, the fiscal
impact statement may include:
(i) Historical data concerning the revenues or expenditures at issue;
(ii) Any assumptions, sources of information or methodologies used to
estimate the fiscal impact to the city;
(iii) An estimate of the staff time or other resources that may be needed to
implement the proposed measure;
(iv) Whether the proposed measure could be absorbed in the current fiscal
year's budget, or whether an additional appropriation is required to
implement the proposed measure;
(v) Whetherthe fiscal impact in subsequent years(up to, but no more than,
five years, from adoption of the measure) materially differs from the
fiscal impact in the first year;
(vi) Whether the proposed measure will involve pension liability, and the
estimated costs thereof; and
(vii) Any capital requirements or infrastrudure constraints associated with
the proposed measure.
c. If the fiscal impact on the current or future revenues or expenditures of the
city cannot be determined at the time the proposed measure is considered
by the city commission, the fiscal impact statement shall include a
description of the risk factors or variables involved, and the administrative
actions that will be required in order to determine the anticipated impact on
future revenues and expenditures. In such cases, the fiscal impact
statement should, to the extent possible, use ranges to estimate the impact
on revenues or expenditures.
d. With respect to proposed agenda items related to the procurement of goods
and services, including construction services, that are awarded pursuant to
a previously approved budget, or which irnolve expenditures that are
specifically authorized in a previously approved budget, the requirements of
this section shall be deemed satisfied by a statement of the budget code or
funding source that will be used to coverthe proposed item, and the contract
amount associated with the proposed item, if any.
e. If a proposed item has a fiscal impact on revenues or expenditures of the
city in the amount of $25,000.00 or less, the fiscal impact statement shall
state that the item involves an estimated fscal impact of$25,000.00 or less,
and no further information or analysis shall be required.
Page 3 of 7
f. The failure to comply with the requirements of this section shall not
constitute grounds for canceling the consideration of a proposed measure
or rendering invalid any determination made by the city commission.
(2) Time ceRains. Except for the setting of time certains for public hearings as
required by law, the mayor shall be authorized to set time certains for all matters
to be discussed or considered on a city commission agenda. The mayor may
consider and set a time certain based upon the request of a city commissioner,
the city administration, or a member of the public if such request is made prior
to the commission meeting.
(3) Deferred items. If an agenda item that is not set as a time certain for a public
hearing is not reached during a city commission meeting, and the city
commission does not specifically defer the item, the item shall be deemed to be
deferred:
a. To the next regularly scheduled commission meeting if the item was on a
regular commission meeting agenda; or
b. To the next regularly scheduled presentations and awards meeting if the
item was on a presentations and awards meeting agenda.
Any agenda item that has been deferred by the sponsor and has not been heard
for a period of 120 days or more following the meeting date the item was first
placed on a city commission agenda shall be automatically withdrawn. For
purposes of this paragraph, the term "deferred" shall not include an item
postponed by the city commission due to a lack of time. No item based on the
same proposal may be placed on another commission agenda for a 90-day
period: however, the 90-day period may be waived by a six-sevenths vote of the
city commission.
(4) Time certain public hearing items. If a time certain public hearing agenda item is
to be reset to another commission meeting agenda, the public hearing must
either be:
a. Specifically opened and continued to anothercommission meeting date and
time certain; or
b. Re-advertised for another commission meeting date and time certain.
(5) Previously proposed ordinances and resolutions: exceptions.
a. Previously proposed ordinances. Should an ordinance fail on first or second
reading due to the lack of the requisite vote for passage or adoption, or
should an ordinance fail to receive a second on a motion for passage or
adoption on first or second reading, an ordinance based on the same
proposal shall not be placed on another commission agenda for a three
month 90-day period; however, the three month 90-day period may be
waived by a six-sevenths commission vote. This subsection shall not:
i. Prevent a reconsideration vote pursuant to subsection (i) hereof; or
Page 4 of 7
ii. Permit the earlier consideration of a previously submitted ordinance if
not otherwise permitted in this Code. In such event, the City Code
provision with the more stringent time period for the consideration of a
previously proposed ordinance shall control.
b. Previously proposed resolutions. Should a resolution fail due to the lack of
the requisite vote for passage or adoption, or should a resolution fail to
receive a second on a motion for adoption, a resolution based on the same
proposal shall not be placed on another commission agenda for a 60-day
period: however, the 60-day period may be waived by a six-sevenths
commission vote. This subsection shall not:
i. Prevent a reconsideration vote pursuant to subsection 2-14(i) hereof;
or
ii. Permit the earlier consideration of a previously submitted resolution if
not othenvise permitted in this Code. In such event, the City Code
provision with the more stringent time period for the consideration of a
previously proposed resolution shall control.
(6) Referrals to commission committees. City commissioners are encouraged,
wherever possible, to refer new business to a commission committee prior to
consideration by the full city commission. There shall be no limit on the number
of commissioner-sponsored referral items per meeting agenda.
(7) Limit on number of commissioner-initiated discussion items and resolutions per
meeting agenda. No more than eight discussion items and resolutions,
combined, may be placed on a regular meeting agenda by the mayor or by each
member of the city commission. The requirement in this paragraph may be
waived by a five-sevenths vote of the city commission. The mayor and members
of the city commission are encouraged to first request a referral to committee,
prior to introducing new business by sponsoring a discussion item or resolution,
in order to promote efficiency, obtain a fiscal impact analysis from the city
administration, seek public input, and thoroughly develop new policy proposals.
(8) Limit on number of new ordinances per meeting agenda. No more than four
ordinances may be sponsored and initiated by the mayor or by each member of
the city commission and placed on the same agenda for first reading (excluding
items that were transmitted to the city commission by a city commission
committee or land use board). The requirement in this paragraph shall not apply
to ordinances initiated by the city administration, and may be waived by a five-
sevenths vote of the city commission.
(9) Informational items requiring no action:responses to constituent inqui�ies. Each
meeting agenda shall include a separate section for mayor or commissioner-
initiated informational items requiring no action by the city commission. Such
information may include correspondence from the mayor or a commissioner to
a resident, business owner, orotherconstituent in response to an inquiry relating
to city business which may be of general interest to the city commission or the
Page 5 of 7
public at large, or an update relating to any matter on which the mayor or
commissioner is directly working with the administration.
(10)Items not reached. Any ordinances or resolutions that were not reached during
a city commission meeting shall take precedence over all other items on the
agenda at the next regularly scheduled city commission meeting, with the
exception of previously scheduled time certain items.
(e) Presentations and awards meetings. The presentation of proclamations, awards,
certificates, and all other recognitions made by the mayor and city commission shall
only occur at separate regularly scheduled meetings of the city commission
specifically dedicated for these purposes, which presentations and awards meetings
shall be scheduled to take place every other month to the extent possible, or on such
other dates as the city commission may determine at its discretion, provided that at
least six presentations and awards meetings are scheduled each year. No other
business may be conducted at presentations and awards meetings.
(f) Special city commission meetings. Agenda items for special city commission
meetings called pursuant to section 2.04 of the city Charter must be related to the
subject matter for which the meeting was called.
(g) Quorum. A majority of the entire city commission shall constitute a quorum. In the
event that a commissioner is required to depart a commission meeting prior to
adjournment, and the departure causes a loss of quorum, no further official action
may be taken unless or until a quorum is restored, other than adjournment. Should
no quorum attend within 30 minutes after the hour appointed for the meeting of the
commission, or upon a meeting having commenced with a quorum, which quorum
shall have been lost, the chairperson or, in the chairperson's absence, another
commissioner in order of seniority, shall adjourn the meeting.
(h) Minutes. Meeting minutes shall reflect any motions, votes on motions, formal
direction, and the conclusion of each discussion on each agenda item including any
future action that shall be taken.
(i) Parliamentary procedure. Robert's Rules of Order Newly Revised, 11th Edition, and
all subsequent amendments thereto and all subsequent editions thereof, shall be the
recognized authority for general parliamentary procedure applicable to meetings of
the city commission in those instances when the city's Charter, Related Special Acts,
and Code do not expressly dictate parliamentary procedure.
(j) Virtual participation. As applicable to meetings of the city commission and city
commission committees, the city shall use its best efforts to permit members of the
public to attend and provide public comment via telephone or video conferencing
software.
(k) Effect. The validity of any action or determination of the city commission or city
personnel, board, or committee shall not be affected by the failure of any person to
comply with the provisions af this section.
Page 6 of 7
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may
be changed to "section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3 day of m�, 2025.
PASSED AND ADOPTED this a3 day of N �i� , 2025.
��/�1.�-�
Steven Meiner, Mayor
��.e.e:p.c'�.
ATTEST:� ApR 2 5 �025 .��.' S1
3 �iwco�e oua[a
Rafael E. Granado, City Clerk 'S,�• w�':°
''4�CH�e��9,.
(sponsored by Commissioner David Suarez) ��
Underline denotes additions APPROVED AS TO
FORM&LANGUAGE
�Erike4Nreugh denotes deletions &FOFi EXECUTION
Double underline denotes additions for second reading
� denotes deletions for second reading �� ���
7L���T��
C omey /^�. Date
�V`
CoSponsored by CommissionerAlex J.Fernandez
CoSponsored by Commissioner Joseph Magazine
Page 7 of 7
Ordinances -RS O
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attomey Ricardo J. Dopico
DATE: April 23, 2025 10:20 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED, "ADMINISTRATION," BY AMENDMG ARTICLE II,
ENTITLED "CIN COMMISSION," BY AMENDING SECTION 2-14 THEREOF,
ENTITLED"MEETING PROCEDURES AND AGENDAS,"TO REQUIRE THAT ANY
RESOLUTIONS PLACED ON A CITY COMMISSION AGENDA WITH A FISCAL
IMPACT GREATER THAN$75,000 AND SEEKING A WAIVER OF THE REQUIRED
REVIEW BY THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE BY
5/7TH OF THE VOTE BY THE GN COMMISSION MAY NOT BE PLACED ON THE
CONSENT AGENDA AND SHALL INSTEAD BE HEARD AS A REGULAR AGENDA
ITEM; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at lhe request of the sponsor, Commissioner David
Suarez.
The City Commission has established procedures for the conduct of its mon�hly meetings in
Chapter 2 of the Code. On June 22, 2022, the Mayor and Ciry Commission adopted Ordinance
No. 2022-4496 to strengthen the City's pmcedural requirements, inclutling adopting a requirement
[hat any ordinance or resoWtion initialed by a member of the Ciry Commission with a fiscal impact
greater Ihan$75,000.00 must be first referred�o the Finance and Economic Resiliency Committee
for review and recommendation, unless it is waived by 5l�th vote.
As presented on First Reading on March 19, 2025 City Commission meeting, the Ordinance
amended subsection 2-14 of Ihe City Code to clarify ihat any resolution initiated by a member of
ihe City Commission with a fiscal impact greater than $75,000.00 that also seek a waiver o�the
required review by�he Finance antl Economic Resiliency Commitlee should not be placed on Ihe
consent agenda, as Ihese items require careful consideration and full transparency in [he
decision-making process.
The Mayor and City Commission approved the Ordinance on First Reading, amending i� on the
floor to provide ihat any resolution involving an unbudgeted expenditure Ihat has not been referred
fo the Finance and Economic Resiliency Committee is to be placed on the regular agenda for
consideration at a Commission meeting.
2��
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Ves
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 3/27/2025
See BIE at ht[ps:llwww.miamibeachfl.qovlcitv-hall/citv-clerk/meetinq-noticesl
FINANCIAL INFORMATION
CONCLUSION
Aoplicable Area
Citywide
Is this a "Residents Riqht to Know" item. Is this item related to a G.O. Bond
pursuanito Citv Code Section 2-17? Project7
No No
Was this Aqenda Item initiallv reauested 6v a lobbYist which, as defined in Code Sec. 2-481,
includes a principal enqac7ed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Deoartment
Cily Attomey
Sponsorl5)
Commissioner David Suarez
Co-sponsorlsl
Commissioner Alex Femandez
Commissioner Joseph Magazine
Condensed Title
10�20 a.m. 2nd Rdg. Resos w/Fiscal Impact Over 575K & Sl7th Vote Waiver, Placed on Reg.
(DS/ARJM)CA
Previous Action (For Citv Clerk Use Onlyl
First Reading on 3l19I2025- RS L
2045
