2014-3882 Ordinance ORDINANCE NO. 2014-3882
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 I, ENTITLED "IN
GENERAL," BY CREATING SECTION 2-1, TO BE ENTITLED
"REASONABLE OPPORTUNITY TO BE HEARD," TO PROVIDE
RULES REGARDING PUBLIC PARTICIPATION IN CITY MEETINGS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, during the 2013 Legislative Session, the Florida Legislature adopted Senate
Bill 50 which created Section 286.0114 of the Florida Statues establishing requirements for
rules or policies adopted by State or local boards and commissions with regard to the public
being given a reasonable opportunity to be heard by such boards before official action is taken
on a proposition; and
WHEREAS, the Miami Beach City Charter's Bill of Rights provides for a right to be heard
before the City Commission or any City agency, board or department with regard to the
presentation of an issue, request, or controversy within the jurisdiction of the City; and
WHEREAS, in conformance with established City policy and procedures for reasonable
opportunities to be heard by the public, and the new provisions in Section 286.0114 of the
Florida Statutes, the following amendments to Chapter 2 of the City Code are deemed to be in
the best interests of the City.
: 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, Section 2-1 of the Miami Beach City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
ARTICLE I. IN GENERAL
Sec. 2-1. Rese ed. Reasonable opportunity to be heard.
(a) Members of the public shall be given a reasonable opportunity to be heard and to
provide public comment on a proposition before the City Commission and any
City agency, board, or committee. All references in this section to "board" shall
apply to the City Commission and all City agencies, boards, and committees
provided for in this Code or created by a resolution of the City Commission. The
opportunity to be heard need not occur at the same meeting at which the board
takes official action on the proposition if the opportunity occurs at a meeting that
is during the decision-making process and is within reasonable proximity in time .
before the meeting at which the board takes official action. This section does not
prohibit the board from maintaining orderly conduct or proper decorum in a public
meeting. The opportunity to be heard is subject to the restrictions of this section.
(b) The requirements of this section do not apply to:
(1) An official act that must be taken to deal with an emergency situation
affecting the public health, welfare, or safety, if compliance with the
requirements would cause an unreasonable delay in the ability of the
board to act;
(2) An official act involving no more than a ministerial act, including, but not
limited to, approval of minutes and ceremonial proclamations;
(3) A meeting that is exempt from Florida's Government in the Sunshine Law;
or
(4) A meeting during which the Board is acting in a quasi-judicial capacity.
This paragraph does not affect the right of a person to be heard as
otherwise provided by law. The portion of a meeting during which the
board is acting in a quasi-judicial capacity shall be conducted in
accordance with sections 2-511 through 2-513 of the City Code.
(c) The City Clerk, or the liaison or secretary to any City agency, board, or
committee, is hereby authorized to provide a form to any individual who desires
to be heard in order to inform the board of the proposition on which an individual
wishes to speak and to indicate his or her support, opposition, or neutrality on a
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proposition, and to indicate his or her designation of a representative, if a v, to
speak for him or her, or his or her group, on a proposition.
(d) An individual speaker's time to provide public comment shall be limited to three
(3) minutes; however, additional time for further public comment on any
Proposition may be provided by the Mayor or board Chairperson or by a maiority
vote of the board's FnembeFshnO, the heard id
-n any we
(e) When more than five (5) individuals wish to be
heard on a proposition, the Mayor, or board Chairperson, may request that a
representative of the group or faction speak on behalf of said group or faction,
rather than all members of such group or faction. In such event, the
representative shall be limited to five (5) minutes to speak; however, additional
time to speak may be provided by the Mayor or board Chairperson or by a
majority vote of the board'6 metmt bernCt�h8 ^rd nay OFOVide addgtmGRa �
fe-speak.
(f) If determined reasonable by the Mayor or board chairperson, or by a maiority vote
of the board, an equitable amount of time may be allotted for public comment in
favor of and against a proposition.
fig) If an ordinance fails on first reading before the City Commission pursuant to a
vote or inaction, the reasonable opportunity to be heard shall be deemed to have
occurred at a Commission Committee meeting where the ordinance was on the
agenda and an opportunity to be heard on the ordinance was provided, or during
the Dr. Stanley Sutnick Citizen's Forum held during the same City Commission
meeting when the ordinance is on the agenda for first reading. In addition, the
sponsor of the ordinance may request that another opportunity to be heard be
provided prior to, or after, the Commission's discussion or vote on the ordinance
during first reading.
Secs. 2-42 —2-10. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 3. SEVERABILITV.
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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the dl day of 70**1 e , 2014.
PASSED and ADOPTED this // day of h e- , 2014.
ATTEST: '
,f
PHILIP LEVIN - A OR
7/-7/1 Y - J 11
RAFAEL E. GRANADO., IT CLERK
Underline denotes additions APPROVED AS TO
denotes deletions FORM &LANGUAGE
&FOR EXECUTION
City Attorney • Date
� NCO
RP ORATED:
F:\ATTO\TURN\ORDINANC\Reasonable Opportunity to Be Heard-June 2014.docx
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OFFICE OF THE CITY ATTORNEY
RAUL J.AOUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER PUBLIC HEARING
FROM: RAUL J. AGUILA, CITY ATTORNEY -Q
RAFAEL E. GRANADO, CITY CLERK
DATE: JUNE 115 2014
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY CREATING SECTION 2-1, TO BE ENTITLED
"REASONABLE OPPORTUNITY TO BE HEARD," TO PROVIDE RULES
REGARDING PUBLIC PARTICIPATION IN CITY MEETINGS.
During the 2013 Florida Legislative Session, Senate Bill No. 50 passed which became
effective October 1, 2013. The -new law created Section 286.0114 of the Florida Statutes and
requires that members of the public be given a reasonable opportunity to be heard by a board or
commission before it takes action on a proposition. The new law also provides that if rules or
policies are adopted in compliance with the new statutory provisions, and if such rules are
followed when providing an opportunity for members of the public to be heard, a board or
commission is deemed to be acting in compliance with the new law. While the City of Miami
Beach provides many opportunities for the public to be heard at public meetings, the attached
Ordinance codifies City policies and rules in the City Code with regard to public participation.
This matter was referred by the City Commission at the October 16, 2013 City
Commission meeting to the Neighborhood/Community Affairs Committee for its consideration
and review of the City's existing policies and procedures. The Neighborhood/Community Affairs
Committee considered the attached Ordinance at its meeting on February 28, 2014 and passed
a motion to send the Ordinance to the City Commission for approval.
The Ordinance was passed on First Reading at the April 23, 2014 City Commission
meeting, and was submitted for adoption on Second Reading at the May 21, 2014 Commission
meeting. In order to address public comments received at Second Reading, another Second
Reading Public Hearing was scheduled for the June 11, 2014 City Commission meeting.
Additional, non-material revisions and clarifications are proposed to Sections 2-1(d) and (e) to
define a large group as more than five (5) individuals; to confirm that the Chair of a meeting may
provide additional time to speak, in addition to a majority vote of the board; and, that equal time
may be afforded to speakers for and against a proposition.
The Ordinance is submitted for approval on .Second Reading/Public Hearing. In
addition, a motion approving the recommendation of the Neighborhood/Community Affairs
Committee is requested. As this Ordinance primarily codifies exiting procedures for public
participation, no fiscal impact will result from its adoption.
RJA/DT/sc
Agenda Item
FAATTO\TURN\COMMMEMOWmending Chapter 2-Resonable Opportunity to Be Heard-June 2014.docx Date
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