Ordinance 91-2769 ORDINANCE NO. 91-2769
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA REPEALING CITY OF
MIAMI BEACH ORDINANCE NO. 91-2732 WHICH
AMENDED MIAMI BEACH CITY CODE CHAPTER 29
"POLICE DEPARTMENT" BY CREATING SECTION 29-6
PROVIDING FOR NOTIFICATION TO EMPLOYERS OF
EMPLOYEES ARRESTED FOR NARCOTIC LAW VIOLATIONS
AS DEFINED IN SECTION 893 OF THE FLORIDA
STATUTES ; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
City of Miami Beach Ordinance No. 91-2732 , which amended Miami
Beach City Code Chapter 29 "Police Department" by creating section
29-6 providing for notification to employers of employees arrested
for narcotic law violations as defined in section 893 of the
Florida Statutes is hereby repealed in its entirety.
SECTION 2 . REPEALER
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.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. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on December 28 , 1991.
PASSED .! ADOPTED t s 18th day of December ,
//4/ PASSED
411 Of /
MAYOR FORM APPROVED
LEGAL DEPT.
ATTEST: By
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CITY CLERK
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(Requested by City of Miami Beach Commissioner Martin Shapiro and
Vice-Mayor Sy Eisenberg. )
1st reading 12/4/91
2nd reading 12/18/91
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OFFICE OF THE CITY ATTORNEY �\\
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F L O R I I A •
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LAURENCE FEINGOLD =::.3� �h P o. BOX o
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COMMISSION MEMORANDUM NO.
DATE: DECEMBER 4, 1991
TO: MAYOR SEYMOUR GELBER AND
MEMBERS OF THE CITY. COMMISSION
CITY MANAGER CARLA BERNABEI TALARICO
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
SUBJECT: ORDINANCE REPEALING CITY OF MIAMI BEACH
ORDINANCE NO. 91-2732 RE: EMPLOYER DRUG
NOTIFICATION LETTER
Pursuant to the requests of City of Miami Beach Commissioner
Martin Shapiro, and City of Miami Beach Commissioner Sy Eisenberg,
the City Attorney' s Office has drafted the attached ordinance
repealing City of Miami Beach Ordinance No. 91-2732 which
legislation amended Miami Beach City Code Chapter 29 "Police
Department" by creating Section 29-6 providing for notification to
employers of employees arrested for narcotic law violations as
defined in section 893 of the Florida Statues. City of Miami Beach
Ordinance No. 91-2732 , as passed on January 23 , 1991 by the
previous City Commission, is being proposed for repeal in light of
the Commissioners ' concerns regarding the constitutionality of said
legislation and the concomitant liability of this municipality in
enforcing said Ordinance. Accordingly, the attached Ordinance is
thus ready for Commission review.
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