The URL can be used to link to this page

Home My WebLink AboutOrdinance 2025-4786 ORDINANCE NO. 2025-4786 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 VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY CREATING SECTION 2-375.2, ENTITLED "CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI-BOYCOTT REQUIREMENTS," TO REGULATE CITY GRANTS AND SPONSORSHIPS IN ACCORDANCE WITH STATE AND LOCAL POLICY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is committed to ensuring that public funds are not used to subsidize hate or discrimination; and WHEREAS, the City affirms its alignment with Florida public policy, including § 287.135, Fla. Stat., and § 1.015, Fla. Stat., which prohibit contracting with entities that engage in commercial boycotts of Israel and define antisemitism; and WHEREAS, the City has previously codified its prohibition against contracting with parties that boycott Israel in Section 2-375.1 of the City Code: and WHEREAS, the City has previously adopted for educational purposes, via Resolution No. 2020-31453, the same uniform definition of antisemitism adopted by the State of Florida in § 1.015, Fla. Stat.; and WHEREAS, this Ordinance extends that policy to the administration of City grants and sponsorships, ensuring that recipients of public funds certify compliance with anti-discrimination and anti-boycott laws and policies. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1.That Chapter 2, Article VI, Division 6 of the Code of the City of Miami Beach is hereby amended by creating Section 2-375.2 as follows: CHAPTER 2 ADMINISTRATION ARTICLE VI. PROCUREMENT * * * DIVISION 6. GRANTS AND SPONSORSHIPS Sec. 2-375.2. Certification of Compliance with Antidiscrimination and Anti-Boycott Requirements. (1) Definitions. For purposes of this section: (a) "Boycott" and "boycott of Israel" shall have the same meaning as provided in Section 2-375.1 of this Code. (b) "Antisemitic discrimination" means discriminatory conduct motivated by antisemitic intent as defined in Florida Statute § 1.015. "Antisemitic speech" means speech that meets the definition of antisemitism set forth in Florida Statute § 1.015, when such speech is used in conjunction with a program or project for which a grant or sponsorship has been awarded. (2) Certification Requirement. Each applicant for a city grant or sponsorship shall sign a certification form attesting to compliance with all relevant antidiscrimination laws, including the anti-boycott provisions of Section 2-375.1, and affirming that the applicant will not engage in antisemitic discrimination or antisemitic speech in conjunction with the program or project for which the grant or sponsorship is awarded. (3) Disqualification and Penalties. An applicant or recipient found to have engaged in a boycott of Israel, antisemitic discrimination, or antisemitic speech in conjunction with the program or project for which the grant or sponsorship has been awarded shall be disqualified from eligibility for city grants or sponsorships for a period of ten (10) years. A grant recipient found to have submitted a false certification shall be subject to a penalty payable to the city treasury in an amount equal to three (3) times the value of the grant awarded. * * * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. 2 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 a 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 ten days following adoption. PASSED AND ADOPTED this /7 day of DEUlMDGI — , 2025. Ilk ? oP�ATED? Steven Meiner, Mayor ATTEST: ': $ DEC 2 2 2025 APPROVED AS TO FORM & LANGUAGE Rafael E. Granado, City Clerk O& FXECUTION h8124-1Zoz - (Sponsored by Commissioner David Suarez) Ci y A� ney Date Co-Sponsored by Mayor Steven Meiner Co-Sponsored by Commissioner Tanya K.Bhatt Co-Sponsored by Commissioner Laura Dominguez Co-Sponsored by Commissioner Alex J.Fernandez Co-Sponsored by Commissioner Joseph Magazine Co-Sponsored by Commissioner Monica Matteo-Salinas 3 Ordinances - R5 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: December 17, 2025 10:35 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 AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY CREATING SECTION 2-375.2, ENTITLED "CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI- BOYCOTT REQUIREMENTS," TO REGULATE CITY GRANTS AND SPONSORSHIPS IN ACCORDANCE WITH STATE AND LOCAL POLICY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached proposed ordinance is presented at the request of the sponsor, Commissioner David Suarez. The City of Miami Beach is committed to ensuring that public funds are not used to subsidize discriminatory practices, including antisemitic discrimination and boycotts targeting the State of Israel or entities affiliated with it. The City affirms its alignment with Florida public policy, including § 287.135, Fla. Stat., and § 1.105, Fla. Stat., which prohibit contracting with entities that boycott Israel and define antisemitism in a manner consistent with constitutional protections. The City has previously codified its prohibition against contracting with parties that boycott Israel in Section 2-375.1 of the City Code. If adopted, this proposed Ordinance would extend that policy to the administration of City grants and sponsorships, ensuring that recipients of public funds certify compliance with applicable antidiscrimination and anti-boycott laws and policies. FISCAL IMPACT STATEMENT N/A 2177 of 3458 Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner David Suarez Co-sponsor(s) Mayor Steven Meiner Condensed Title 10:35 a.m. 2nd Rdg, Sponsorship/Grant Restriction, Entities that Boycott Israel. (DS/SM) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 9/17/2025 - R5 V 2178 of 3458