HomeMy WebLinkAboutOrdinance 2025-4781 Vendor Appointments to Land Use Boards
ORDINANCE NO. 2025-4781
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," BY AMENDING ARTICLE I, ENTITLED
"LAND USE BOARDS," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," AT SECTION 2.1.1.3 THEREOF, ENTITLED "TERMS
OF OFFICE," TO RENAME THE SECTION AS "APPOINTMENT AND
TERMS OF OFFICE," AND TO ADOPT RESTRICTIONS ON THE
APPOINTMENT OF A CITY VENDOR, INCLUDING A PRINCIPAL OR
EMPLOYEE OF A VENDOR, TO A CITY LAND USE BOARD; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, Section 2-11.1(c) of the Miami-Dade County Code, known as the "Miami-
Dade County Conflict of Interest and Code of Ethics Ordinance," establishes restrictions on
certain public officials and employees transacting business with the City; and
WHEREAS, Section 2-11.1(c)(3)of the County Code creates a limited exclusion for quasi-
judicial personnel from the prohibition on transacting business with the City, subject to specific
conditions; and
WHEREAS, the purpose of this Ordinance is to amend the Land Development
Regulations to adopt further restrictions on the appointment of a City vendor, including a principal
or employee of a vendor, to a City land use board (i.e. the Board of Adjustment, Design Review
Board, Historic Preservation Board, or Planning Board).
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 2.1.1.3 of Article I of Chapter 2 of the Miami Beach Resiliency Code
is hereby amended to state as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
Article I. LAND USE BOARDS
* * *
Sec. 2.1.1.3 Terms of Office and Appointment Requirements.
0) The term of office on a land use board shall be two years.
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(b) Appointment of a City vendor, including a principal or employee of a vendor, to a City
land use board. Commencing with terms beginning on or after December 1, 2025, no
individual who is a vendor of the city (or a principal or employee of a vendor of the city)
may be appointed to a city land use board for the duration of the term of the vendor's
contract with the city nor within one (1) year after the contract's termination or
expiration. As a condition of applying for appointment, each applicant must first certify,
in writing, that they are not currently, and have not been within the one (1) year period
prior to appointment, a city vendor, nor a principal or employee of a city vendor.
Additionally, the applicant must certify that the entity of which they are a principal or
employee has not been a vendor for at least one (1) year prior to appointment. The
applicant must also agree that, should they (or the entity of which they are a principal
or employee) become a city vendor while serving on a land use board, the execution
of the vendor's contract shall be deemed a tender of resignation from the board, and
the member's automatic resignation shall thereby immediately create a vacancy in the
board. The provisions of this subsection may be waived by a five-sevenths (5/7ths)
vote of the city commission.
(c) For purposes of this subsection, the term "principal" includes (i) an officer, (ii) a
member of the board of directors, or (iii) any person holding, directly or indirectly, a
five-percent or greater ownership interest in an entity. Additionally, the term "vendor"
means any individual or entity doing business directly with the city, such as renting,
leasing, managing or selling any realty, goods, or services; or any grantee receiving
city funds. The term "vendor" shall not include those individuals or entities that provide
goods, equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal
year, or that receive $10,000.00 or less in grant funds from the City in a fiscal year,
wherein city commission action is not required.
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.
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this /7 day of Diukt,__r , 2025.
ATTEST:
Til Steven Meiner, Mayor
Rafael E. Granado, City Clerk
DEC 2 2 2025
_ �i ,�. APPROVED AS TO
_, •'"" FORM AND LANGUAGE
:,a°°" a"" & FOR EXECUTION
4Ik'03' 0I?ATED' ft.
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City Attorney L) ._ Date
5A-- I 1
Verified by:
Thomas Mooney, A P
Planning Director
(Sponsored by Commissioner David Suarez)
T:\Agenda\2025\08 September 3, 2025\Planning\Vendor Appointments to Land Use Boards-First Reading ORD.docx
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Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025 9:35 a.m. Second Reading Public Hearing
TITLE: VENDOR APPOINTMENTS TO LAND USE BOARDS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED `ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING ARTICLE I, ENTITLED "LAND USE BOARDS,"
BY AMENDING DIVISION 1, ENTITLED "GENERALLY," AT SECTION 2.1.1.3
THEREOF, ENTITLED '`TERMS OF OFFICE," TO RENAME THE SECTION AS
"APPOINTMENT AND TERMS OF OFFICE," AND TO ADOPT RESTRICTIONS ON
THE APPOINTMENT OF A CITY VENDOR. INCLUDING A PRINCIPAL OR
EMPLOYEE OF A VENDOR, TO A CITY LAND USE BOARD; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On February 26, 2025, at the request of Commissioner David Suarez, the City Commission
referred the subject ordinance to the Planning Board (R5 U).
ANALYSIS
The subject ordinance amends the "Terms of Office" requirements for the City's land use boards
(LUBs) under Section 2.1.1.3 of the Land Development Regulations of the City Code (LDRs).
Beginning with terms after September 1, 2025, individuals who are vendors to the City, or
principals or employees of such vendors, cannot be appointed to a City LUB during the term of
the vendor contract and for one year after its termination. Additionally, LUB applicants must certify
the following in writing:
1. They have not been a vendor or associated with one in the past year; and
2. If they (or their entity) became a vendor during their board term, their contract will
automatically trigger resignation from the board.
The subject ordinance provides the City Commission with the ability to waive this rule by a 5/7ths
vote. For purposes of this proposal, "vendor" is defined as anyone doing business directly with
the City or receiving City funds, excluding those whose total business or grant dealings with the
City are $10,000 or less per fiscal year and do not require City Commission approval.
PLANNING BOARD REVIEW
On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board
2127 of 3458
also recommended that the proposed ordinance include a distinction for land use board members
serving in a non-compensated, voluntary capacity for a non-profit entity.
UPDATE
The subject ordinance was approved at First Reading on September 3, 2025, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/24/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject LDR amendment in order for Second Reading of the ordinance to
occur prior to January 2026.
2. The City Commission adopt the ordinance.
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?
Yes 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
Planning
Sponsor(s)
Commissioner David Suarez
2128 of 3458
Co-sponsor(s)
Condensed Title
*9:35 a.m. 2nd Rdg, Vendor Appointments to Land Use Boards. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/3/2025 - R5 J
2129 of 3458