Ordinance 2024-4600 ORDINANCE NO.1 2024-4600
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN
RELATIONS," BY AMENDING ARTICLE II, ENTITLED
"DISCRIMINATION," BY AMENDING SECTION 62-35 ENTITLED
"MEMBERSHIP," TO PROVIDE A PREFERENCE FOR THE ATTORNEY
MEMBER OF THE HUMAN RIGHTS COMMITTEE TO BE A MEMBER OF
THE FLORIDA BAR, BUT OTHERWISE ALLOW FOR AN ATTORNEY
LICENSED TO PRACTICE LAW IN ANY OTHER UNITED STATES
JURISDICTION TO SERVE ON THE COMMITTEE IF THE ATTORNEY
HAS CIVIL RIGHTS-RELATED EXPERIENCE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, on January 3, 2010, the Mayor and City Commission of the City of
Miami Beach adopted Ordinance No. 2010-3669,which, among other amendments to the
Miami Beach Human Rights Ordinance, established the City of Miami Beach Human
Rights Committee; and
WHEREAS, Section 62-35 of the City Code requires the Human Rights Committee
to have at least one committee member who is an attorney licensed to practice law in
Florida; and
WHEREAS, the requirement for the attorney member to be licensed to practice in
Florida is unduly restrictive, as the member does not provide the committee with any legal
advice, and the policy rationale for including an attorney on the Committee is to ensure
that the Committee includes representation by persons of diverse backgrounds, including
persons with civil rights-related experience; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach hereby
find that it is in the best interests of the City and the Human Rights Committee to amend
Section 62-35 of the City Code to provide a preference for the attorney member of the
committee to be a member of the Florida Bar, but otherwise allow for an attorney licensed
to practice law in any other United States jurisdiction to serve on the committee if they
have comparable civil rights experience.
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 62-35 of Chapter 62 of the City Code is hereby amended as
follows:
Page 571 of 1278
Chapter 62
HUMAN RELATIONS
ARTICLE II. DISCRIMINATION
* * *
DIVISION 1. GENERALLY
Section 62-35. Membership.
(a) The committee shall consist of a minimum of five and a maximum of 11
members, with one out of every five members to be a direct appointment by the
mayor, and with the remaining members to be at large appointments of the city
commission.
(b) The members of the committee shall reflect, as nearly as possible, the diversity
of individuals protected under the city's human rights ordinance. In keeping with this
policy, not less than two months prior to making appointments or re-appointments to
the committee,the city manager shall solicit nominations from as many public service
groups and other sources, which he/she deems appropriate, as possible.
(c) At least one of the committee members shall possess, in addition to the general
qualifications set forth herein for members, a license to practice law in any United
States iurisdiction (including the District of Columbia and any territory of the United
States) ; be an active member of and in good standing with their
respective bar association the-Florida-Bar; and have experience in civil rights law.
Preference will be given to a committee member who possesses a license to practice
law in the State of Florida; is an active member of and in good standing with the
Florida Bar; and has experience in civil rights law.
(d) Members shall serve without compensation.
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.
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Page 572 of 1278
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 o23 day of P7arck _, 202/
PASSED AND ADOPTED this /,3 day of PIarGI- , 202y
ATTEST: •
MAR 1 5 2024 teven Meiner, Mayor
Rafae E. Granado, City Clerk
(Sponsored by Commissioner Laura Dominguez)
Co-Sponsored by Commissioner Tanya K Bhatt
APPROVED AS TO
N..N„ FORM&LANGUAGE
_�pN!� &FOR EXECUTION
INCOAP OAATED' 1
..................
.:1�h. City Attorney 'T\ Date
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Page 573 of 1278
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 13, 2024
10:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 62 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING
SECTION 62-35 ENTITLED "MEMBERSHIP," TO PROVIDE A
PREFERENCE FOR THE ATTORNEY MEMBER OF THE HUMAN RIGHTS
COMMITTEE TO BE A MEMBER OF THE FLORIDA BAR, BUT
OTHERWISE ALLOW FOR AN ATTORNEY LICENSED TO PRACTICE LAW
IN ANY OTHER UNITED STATES JURISDICTION TO SERVE ON THE
COMMITTEE IF THE ATTORNEY HAS CIVIL RIGHTS-RELATED
EXPERIENCE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
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 name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on first reading at the February 21, 2024 City
Commission meeting. No changes have been made between first and second reading.
The Business Impact Estimate (BIE)was published on March 1,2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
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?
Page 380 of 1070
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Laura Dominguez and Co-sponsored by Commissioner Tanya K. Bhatt
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
Page 381 of 1070
Rafael A.Paz,City Attorney
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www,miamibeachfl.ggv
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: December 13, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY AMENDING
ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING SECTION 62-35
ENTITLED "MEMBERSHIP," TO PROVIDE A PREFERENCE FOR THE
ATTORNEY MEMBER OF THE HUMAN RIGHTS COMMITTEE TO BE A
MEMBER OF THE FLORIDA BAR, BUT OTHERWISE ALLOW FOR AN
ATTORNEY LICENSED TO PRACTICE LAW IN ANY OTHER UNITED STATES
JURISDICTION TO SERVE ON THE COMMITTEE IF THE ATTORNEY HAS
CIVIL RIGHTS-RELATED EXPERIENCE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance was prepared at the request of the sponsor, Commissioner
Laura Dominguez. The Ordinance would amend the qualification requirement relating to
the attorney member of the Miami Beach Human Rights Committee (the "Committee"), a
position which I understand the City has had difficulty filling from time to time.
Currently, Section 62-35 of the City Code requires the Committee to have at least one
committee member who is an attorney licensed to practice law in Florida.
As the attorney member of the Committee does not provide any legal advice to the
Committee and is not engaged in the practice of law on behalf of the Committee, it is not
necessary for the Committee member to be an active member of the Florida Bar. It is far
more useful, however, for the member to have civil rights experience.
Accordingly, the proposed Ordinance would modify the current requirement, to provide a
preference for the attorney member of the Committee to be a member of the Florida bar,
but otherwise allow for a person who is a member of another State's bar to serve on the
Committee, if they have comparable civil rights experience.
RAP/FA/ag
Page 382 of 1070