Ordinance 2022-4484 ORDINANCE NO. 2022-4484
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 THEREOF,
ENTITLED "CITY COMMISSION," BY AMENDING SECTION 2-12
THEREOF, ENTITLED "MEETING PROCEDURES AND AGENDAS,"
TO REQUIRE AN INCENTIVE STATEMENT AS PART OF THE
ANALYSIS ACCOMPANYING ALL ORDINANCES PLACED ON CITY
COMMISSION AGENDAS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on November 11, 2018, the Mayor and City Commission adopted
Ordinance No. 2019-4318, amending Section 2-12 of the City Code, entitled "Meeting
Procedures and Agendas," to require a fiscal impact statement as part of the
consideration of any proposed measure, in order to provide the members of the City
Commission and the public with the financial information necessary to take into account
the budgetary effects of proposed measures; and
WHEREAS, in addition to potential fiscal impacts, proposed ordinances could
potentially create new fees, or increase fees above Consumer Price Index ("CPI"),
affecting local businesses and residents; and
WHEREAS, the inclusion of an incentive statement in the accompanying
memorandum that would identify and offer various incentives, such as discounts off
future fees, would encourage compliance and support for proposed ordinances; and
WHEREAS, possible examples of incentives may include, but, not be limited to,
recertification fee incentives for timely submittal of maintenance logs, Business Tax
Receipt incentives for no Code violations, or water incentives for usage under City
average; and
WHEREAS, the Mayor and City Commission desire to require an incentive
statement as part of the consideration of any proposed ordinance that would potentially
impose costs on businesses, create new fees, or increase fees above CPI.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2-12, paragraph (d), of Article II, of Chapter 2 of the Code of
the City of Miami Beach is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE II. CITY COMMISSION
* * *
Sec. 2-12. - 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. Fiscal impact statement required. 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 fiscal year and the
subsequent fiscal year.
1. 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) Whether the 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 infrastructure constraints associated
with the proposed measure.
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2. 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.
3. 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 involve
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
cover the proposed item, and the contract amount associated with
the proposed item, if any.
4. 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 fiscal
impact of $25,000.00 or less, and no further information or analysis
shall be required.
The failure te nemply with the requirements of this. section shall not
constitute grounds for canceling the consideration—of a—prspoced
measure or rendering invalid any determination made by the city
commission.
b. Incentive statement required. As part of the commission
memorandum that accompanies an ordinance placed on a city
commission meeting agenda, the city administration shall, to the
extent applicable, prepare a written incentive statement, to be
included as a stand-alone section of the commission memorandum.
The incentive statement shall apply to proposed ordinances that
would create new fees, or increase fees above CPI (such as a
recertification fee incentive for timely submittal of building
maintenance logs, Business Tax Receipt incentive for no Code
violations, or water incentive for usage under City average). To the
fullest extent possible, the incentive statement shall provide at least
one incentive to encourage and/or offset costs of compliance with
the City code. The incentive statement shall not be required for pass-
through fees (such as water pass through rates).
c. The failure to comply with the requirements of subsections (a) and
(b) above shall not constitute grounds for canceling the consideration
of a proposed measure or rendering invalid any determination made
by the city commission.
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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, 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 Miami Beach City Code. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 6. EFFECTIVE DATE. Aped Ordinance shall take effect on the ((1 day of Aped , 2022.
PASSED AND ADOPTED this G day of_A__)r 2.
ATTEST:
Dan Gelber, Mayor
APR122022
Rafael a ado, City Clerk ,=4.•' Ns"•c�;%
Underline denotes additions r 111;10RP DRPATED
denotes deletions ''�
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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4 City Attorney 4 Date
Ordinances -R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: April 6, 2022
2:10 p.m. Second Reading Public Hearing
SUBJECT: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 THEREOF, ENTITLED "CITY COMMISSION," BY
AMENDING SECTION 2-12 THEREOF, ENTITLED "MEETING
PROCEDURES AND AGENDAS," TO REQUIRE AN INCENTIVE
STATEMENT AS PART OF THE ANALYSIS ACCOMPANYING ALL
ORDINANCES PLACED ON CITY COMMISSION AGENDAS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
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❑ Commission Memorandum
❑ Ordinance
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OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ,CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
ALINA HUDAK, CITY MANAGER
FROM: RAFAEL PAZ, CITY ATTORNEY
DATE: April 6, 2022
SUBJECT: 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 THEREOF,
ENTITLED "CITY COMMISSION," BY AMENDING SECTION 2-12
THEREOF, ENTITLED"MEETING PROCEDURES AND AGENDAS,"TO
REQUIRE AN INCENTIVE STATEMENT AS PART OF THE ANALYSIS
ACCOMPANYING ALL ORDINANCES PLACED ON CITY COMMISSION
AGENDAS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
At the March 9, 2022 City Commission meeting, the Mayor and City Commission adopted the
above-captioned Ordinance on First Reading.
Section 2-12 of the City Code, entitled "`Meeting Procedures and Agendas," requires a fiscal
impact statement as part of the consideration of any proposed measure, in order to provide the
members of the City Commission and the public with the financial information necessary to take
into account the budgetary effects of proposed measures. However, in addition to potential fiscal
impacts, proposed ordinances could potentially, create new fees, or increase fees above
Consumer Price Index ("CPI"), as well as impose new costs on local businesses and residents.
In an effort to move,away from a framework of merely imposing fines and penalties for non-
compliance, the Sponsor proposes that the Administration include an "Incentive Statement" to
accompany the Commission Memorandum for any proposed Ordinance that creates additional
financial burdens on residents and businesses. The foregoing is not intended to replace the
existing framework of the imposition fines and penalties for non-compliance with the City Code.
However, it is merely an additional tool for incentivizing good conduct by offering the proverbial
"carrot," and not just the "stick."
The concept is for the Administration, to the extent'it is possible to do so in the context of the
subject ordinance, to identify and offer potential incentive options,to the extent possible,to reward
timely compliance with the objectives and requirements of the subject ordinance. For instance,
possible examples of incentives may include, but, not be limited to, a discount against a Building
Recertification Fee for timely submittal of annual maintenance logs, a discount or a waiver of
Page 1132 of 1735
Business Tax Receipt or other fees for an establishment that had no Code violations issued in a
twelve month period, or a discount to other fees such as water fees for usage under City average
or measures which promote and advance the City's sustainability goals.
The approach seeks to formalize efforts the City Commission has undertaken in the past year,
such as incentivizing residential development (and not hotel uses) by providing certain height or
other land development incentives to applicants that voluntarily proffer covenants to prohibit short
term rentals, or to offer significantly discounted sidewalk café permit fees to applicants who agree
to abide by City's terms relating to sidewalk cafes, with respect to the sale or service of
undesirable oversized alcoholic beverages and the like. This Ordinance seeks to formalize the
City Commission's prior efforts with regard to programs to incentivize behavior.
If approved on first reading, we anticipate that second reading will take place on April 6, 2022.
RAP/FA/ag
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