2003-3396 Ordinance
ORDINANCE NO. 2003-3396
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE ARTICLE III, DIVISION 2 ENTITLED "BARRIER-FREE
ENVIRONMENT COMMITTEE", SECTION 2-31(d) THEREOF BY
DELETING THE SIX NON-VOTING EX OFFICIO MEMBERS,
ESTABLISHING A BOARD QUORUM OF THREE MEMBERS AND
REQUIRING AT LEAST THREE VOTES FOR BOARD ACTION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Article III, Division 2 entitled "Barrier-Free
Environment Committee", section 2-31 (d) thereof entitled "Composition" is hereby amended to read
as follows:
DIVISION 2, BARRIER-FREE ENVIRONMENT COMMITTEE
Sec 2-31. Established; purpose; composition.
***
(d) Composition. The barrier-free environment committee shall be composed of seven
voting members who shall be direct appointees by the mayor and city commissioners. A quorum
shall consist of three members. Formal action of the Board shall require at least three votes.
Consideration shall be given, but not limited to, the following categories: persons having mobility
impairment; deaf and/or hard-of-hearing persons in the community; blind and/or vision-impaired
persons in the community; mental, cognitive or developmental disabilities; ehilckeR with
develoflmootal disabilities; ehildren with physieal disabilities; and the industries of tourism and
convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The B0fiyoting
e-x offieio members shall be the director of the offiee of ehilcken's affairs, a designee of the b1:1ilding
serviees Geflartment direetor, a designee onhe flarks and reereation director, a designee of the floHee
e}Her, a designee of the parking deflartment director and the City's ADA eoofd.inator or his designee.
The City Attorney's office shall provide legal counsel.
***
***
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repealed.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 ofthe remaining portions of this ordinance.
SECTION 4. CODIFICATION,
It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made a part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis 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 5. EFFECTIVE DATE
This Ordinance shall take effect the ~ day of
,2003.
PASSED and ADOPTED this 26th day of
2003,
ATTEST:
---L1AM ~ rOA~
CITY CLERK
MAYOR
(Requested by Mayor David Dermer and Commissioner Saul Gross)
F:\.tlo\OLUlRES-ORD\2-31 dr.fiord. .doc
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APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings wiil be held by the Mayor and City Commission of the City of Miami
Beach. Florida, in the Commission Chambers, 3rd floor, City Hail, 1700 Convention Center Drive, Miami Beach, Florida,
. on Wednesday, February 26, 2003, at the times listed below to consider the foilowing on first reading:
10:15 a.m.: .
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE ARTICLE ill, DIViSION 2 ENTITLED "BARRIER-FREE
ENVIRONMENT COMMITTEE," SECTION 2-31 (0) THEREOF BY DELETING THE SIX NON-VOTING EX OFFICIO MEMBERS.
ESTABLISHING A BOARD QUORUM OF THREE MEMBERS AND REQUiRING AT LEAST THREE VOTES FOR BOARD ACTION;
PROVIDING FOR REPEALER, SEVERABiliTY, CODIFICATION, AND AN EFFECTIVE DATE
Inquiries may be directed to the Legal Oepartment at (305) 673-7470.
at 10:20 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 82, ENTITLED "PUBLIC PROPERTY." BY AMENDING
ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHT-OF-WAY," BY AMENDING DIVISION V THEREOF ENTITLED
"SIDEWALK CAFES," BY AMENDING SECTION 82-383 ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS
FOR RENEWAL FEE." BY AMENDING SUBSECTION (E) THEREOF TO ABATE SIDEWALK CAFt FEES FOR BUSINESSES
NORTH OF 63RD STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERA81LiTY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Finance Department at (305) 673-7466.
at 10:25 a.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 12, "ARTS, CULTURE.
AND ENTERTAINMENT," ARTICLE ii, "SPECIAL EVENTS," BY INSERTING A NEW SECTION 12-6, ENTITLED "PARKING FOR
SPECIAL EVENTS," ADOPTING PROCEDURES FOR THE REVIEW AND APPROVAL OF THE USE OF PUBLIC AND PRIVATE
PROPERTY NOT SO PERMITTED UNDER EXISTING ZONING TO BE USED AS EMERGENCY PARKING LOTS FOR SPECIAL
EVENTS, PROVIDING FOR REPEALER, CODIFICATION, SEVERABiliTY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Parking Department at (305) 673-7505.
at 1 0:30 a.m.:
AN ORDINANCE AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES"
BY CREATING ARTICLE V THEREOF, TO BE ENTITLED "FALSE CLAIMS ORDINANCE," BY CREATING SECTION 70-300 TO
BE ENTITLED "SHORT TITLE; PURPOSE"; BY CREATING SECTION 70-301 TO BE ENTITLED "DEFINITIONS"; BY
CREATING SECTION 70-302 TO BE ENTITLEO "CERTIFICATION OF CLAIMS" ; BY CREATING SECTION 70-303 TO BE
ENTITLED "LIABILITY FOR FALSE CLAIMS; PENALTIES"; BY CREATING SECTION 70-304 TD BE ENTITLED
"INTERVENTION BY THIRD PARTIES IN CIVIL ACTIONS FOR FALSE CLAIMS"; BY CREATING SECTION 70,305 TO BE
ENTITLED "RIGHTS OF PARTIES IN CIVIL ACTIONS; liMITATION OF ACTIONS"; BY CREATING SECTION 70-306 ENTITLED
"AWARDS TO PLAINTIFFS BRINGING ACTION"; BY CREATING SECTION 70-307 TO BE ENTITLED "EXPENSES;
ATTORNEY'S FEES AND COSTS": BY CREATING SECTION 70-308 ENTITLED "EXEMPTIONS TO CIVIL ACTIONS"; BY
CREATING SECTION 70-309 TO BE ENTITLED "PROTECTION FOR PARTICIPATING EMPLOYEES"; BY CREATING SECTION
70-310 TO BE ENTITLED "BURDEN OF PROOF; PRESUMPTION OF FALSE CLAIMS"; BY CREATING SECTION 70-311 TO
BE ENTITLED "INNOCENT CLAIMANT AFFIRMATIVE DEFENSE"; BY CREATING SECTION 70-312 TO BE ENTITLED
"CONSTRUCTION AND SEVERABiliTY OF PROVISIONS"; PROVIDING FOR REPEALER. SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE
Inquiries may be directed to the. Legal Department at (3051673-7470.
ALL INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent. or to express their
views in writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1st Floor, City
Hail, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive. 1 st Floor, City Hail, Miami Beach, Florida .
33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286,0105. Fla. Stat., the City herelly advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, Which record includes the testimony and'
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate
in this proceeding, or to request information Dn access for persons with disabilities. or to request this publication In
accessible format, or to request sign language interpreters. should contact the City Clerk's office at (305) 673-7411,
no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay
Service numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICE).
(Ad #0157)
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer
Members of the City Commission
Murray H, Dubbin . . \\\IV
City Attorney ~ W'
SUBJECT: CMB Barrier Free Environment Committee
DATE:
February 26, 2003
FROM:
Pursuant to the request of Mayor Dermer and City Commissioner Gross, the attached
ordinance has been drafted in order to address problems experienced by the Barrier Free
Environment Committee regarding its board membership and quorum requirements, presently set
forth within City Code section 2-31(d).
Specifically, the physical disability of certain Committee members (which disabilities per
se qualify individuals for appointment to this unique Committee) has made it impossible for
them to attend scheduled meetings, resulting in the inability to obtain a quorum otherwise
required for formal action to take place. The attached proposed amendments thus establish a
quorum of three members, and further require at least three votes for Board action, Also,
language naming specified City personnel as non-voting ex-officio members has been deleted.
It is anticipated that passage of this Code amendment will effectively enable greater
member participation and action of the Barrier Free Environment Committee, resulting in
enhanced opportunities for Committee members to have meaningful input into accessibility-
related issues of the City,
F :\altoIO LIJIRES-ORDIMEMOS\2- 31 BarrierFree.CommMemo.doc
Agenda Item R5"A
1700 Convention Center Drive -- Fourth Floor -- Miami Bea Date ~-)"f:,-O..3
ORDINANCE NO, 2003-3396
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE ARTICLE III, DIVISION 2 ENTITLED "BARRIER-FREE
ENVIRONMENT COMMITTEE", SECTION 2-31(d) THEREOF BY
DELETING THE SIX NON-VOTING EX OFFICIO MEMBERS,
ESTABLISHING A BOARD QUORUM OF THREE MEMBERS AND
REQUIRING AT LEAST THREE VOTES FOR BOARD ACTION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Article ill, Division 2 entitled "Barrier-Free
Environment Committee", section 2-31 (d) thereof entitled "Composition" is hereby amended to read
as follows:
DIVISION 2, BARRIER-FREE ENVIRONMENT COMMITTEE
Sec 2-31. Established; purpose; composition.
***
(d) Composition. The barrier-free environment committee shall be composed of seven
voting members who shall be direct appointees by the mayor and city commissioners. A quorum
shall consist of three members. Formal action of the Board shall require at least three votes.
Consideration shall be given, but not limited to, the following categories: persons having mobility
impairment; deaf and/or hard-of-hearing persons in the community; blind and/or vision-impaired
persons in the community; mental, cognitive or developmental disabilities; childree with
develoflmeRtal disabilities; ehildrefl. with physical disabilities; and the industries of tourism and
convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The BeByotiRg
ex offieie members shall be the director eHhe office ef ehildree' s affairs, a designee efthe bllildiRg
serviees eepartffiElBt ciireetor, a designee of the parks aad reereatioa ciireeter, a designee of1:he police
chief, a ciesignee efthe parkiag dopartmeRt direetor aad the City's ADA eoerdieator or his designee,
The City Attorney's office shall provide legal counsel.
***
***
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 ofthe 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 ofthis ordinance shall become and be made a part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis 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 5, EFFECTIVE DATE
This Ordinance shall take effect the ~ day of
,2003.
PASSED and ADOPTED this 26th day of
2003,
ATTEST:
_Ul,OA ~ rC4LiA
CITY CLERK
(Requested by Mayor David Dermer and Commissioner Saul Gross)
F;\attoIOLUIRES-ORD\2-31draftord. .doc
2
APPROVED AS TO
FORM & LANGUAGE
.. FOR EXECUTION
~~/-)"V-03
CIty ~ Data
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that pUblic hearings will be held by the Mayor and City Commission of the City of Miami
Beach. Florida, in the Commission Chambers. 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach. Florida,
on Wednesday, February 26, 2003, at tha times listed below to consider the fol/owing on first reading:
10:151.m.: .
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE ARTICLE 1/1, DIVISION 2 ENTITLED "BARRIER-FREE
ENVIRONMENT COMMITTEE." SECTION 2-31 (D) THEREOF BY DELETING THE SIX NON-VOTING EX OFFICIO MEMBERS, '
ESTABLISHING A BOARD QUORUM OF THREE MEMBERS AND REQUIRING AT LEAST THREE VOTES FOR BOARD ACTION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE
Inquiries may be directed to the Legal Department at (305) 673-7470.
at 10:20 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 82, ENTITLED "PUBLIC PROPERTY." BY AMENDING
ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHT-OF-WAY," BY AMENDING DIVISION V THEREOF ENTITLED
"SIDEWALK CAFES," BY AMENDING SECTION 82-383 ENTITLED "FEE; RENEWAL FEE; PENALTIES FOR LATE PAYMENTS
FOR RENEWAL FEE," BY AMENDING SUBSECTION (E) THEREOF TO ABATE SIDEWALK CAFE FEES FOR BUSINESSES
NDRTH OF 63RD STREET; PROVIDING FDR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE,
Inquiries may be directed to the Finance Department at (305) 673-7466.
at 10:25 a.m.:
AN ORDINANCE AMENDING THE CODE DF THE CITY OF MIAMI BEACH. BY AMENDING CHAPTER 12. "ARTS, CULTURE.
AND ENTERTAINMENT," ARTICLE II, "SPECIAL EVENTS," BY INSERTING A NEW SECTION 12-6, ENTITLED "PARKING FOR
SPECIAL EVENTS," ADOPTING PROCEDURES FOR THE REVIEW AND APPROVAL OF THE USE OF PUBLIC AND PRIVATE
PROPERTY NOT SO PERMITTED UNDER EXISTING ZONING TO BE USED AS EMERGENCY PARKING LOTS FOR SPECIAL
EVENTS, PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE,
Inquiries may be directed to the Parking Department at (305) 673-7505.
at 10:30 a.m.:
AN ORDINANCE AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES'
BY CREATING ARTICLE V THEREOF, TO BE ENTITLED "FALSE CLAIMS ORDINANCE," BY CREATING SECTION 70-300 TO .
BE ENTITLED "SHORT TITLE; PURPOSE"; BY CREATING SECTION 70-301 TO BE ENTITLED "DEFINITIONS"; BY
CREATING SECTION 70-302 TO BE ENTITLED "CERTIFICATION OF CLAIMS" ; BY CREATING SECTION 70-303 TO BE
ENTITLED "LIABILITY FOR FALSE CLAIMS; PENALTIES"; BY CREATING SECTION 70-304 TO BE ENTITLED
"INTERVENTION BY THIRD PARTIES IN CIVIL ACTIONS FOR FALSE CLAIMS"; BY CREATING SECTION 70.305 TO BE
ENTITLED "RIGHTS OF PARTIES IN CIVIL ACTIONS; LIMITATION OF ACTIONS"; BY CREATING SECTION 70-306 ENTITLED
"AWARDS TO PLAINTIFFS BRINGING ACTION"; BY CREATING SECTION 70-307 TO BE ENTITLED "EXPENSES;
ATTORNEY'S FEES AND COSTS"; BY CREATING SECTION 70-308 ENTITLED "EXEMPTIONS TO CIVIL ACTIONS"; BY
CREATING SECTION 70-309 TO BE ENTITLED "PROTECTION FOR PARTICIPATING EMPLOYEES"; BY CREATING SECTION
70-310 TO BE ENTITLED "BURDEN DF PRDOF; PRESUMPTION OF FALSE CLAIMS"; BY CREATING SECTION 70-311 TO
BE ENTITLED "INNOCENT CLAIMANT AFFIRMATIVE DEFENSE"; BY CREATING SECTION 70-312 TO BE ENTITLED
"CONSTRUCTION AND SEVERABILITY OF PROVISIONS"; PROVIDING FOR REPEALER, SEVERABILITY, CDDIFICATION AND
AN EFFECTIVE DATE
Inquiries may be directed to the. Legal Department at (305) 673-7470,
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their
views in writing addressed to the City Commission. c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City
Hall. Miami Beach, Florida 33139. Copies of these ordinances are available for publiC inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor. City Hall, Miami Beach, Florida .
33139. This meeting may be continued and under such circumstances additiona/legal notice would not be provided.
Robert E. Parcher. City Clerk
City of Miami Beach
Pursuant to Section 2B6.0105, Fla. Stat., the City herelly advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made. which record includes the testimDny and'
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate
in this proceeding, or to request informatiOn on access for persons with disabilities, or to request this publication in
accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411,
no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay
Service numbers, (800) 955-8771 (TrY) or (800) 955-8770 (VOICE).
(Ad #0157)
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer
Members of the City Commission
Murray H, Dubbin . . \\\.V
City Attorney ~ W'
SUBJECT: CMB Barrier Free Environment Committee
DATE:
February 26, 2003
FROM:
Pursuant to the request of Mayor Dermer and City Commissioner Gross, the attached
ordinance has been drafted in order to address problems experienced by the Barrier Free
Environment Committee regarding its board membership and quorum requirements, presently set
forth within City Code section 2-31(d).
Specifically, the physical disability of certain Committee members (which disabilities per
se qualify individuals for appointment to this unique Committee) has made it impossible for
them to attend scheduled meetings, resulting in the inability to obtain a quorum otherwise
required for formal action to take place. The attached proposed amendments thus establish a
quorum of three members, and further require at least three votes for Board action. Also,
language naming specified City personnel as non-voting ex-officio members has been deleted,
It is anticipated that passage of this Code amendment will effectively enable greater
member participation and action of the Barrier Free Environment Committee, resulting in
enhanced opportunities for Committee members to have meaningful input into accessibility-
related issues ofthe City.
F:\atto\O L1J\RES-ORDIMEM OS\2-31 BarrierFree.CommMemo.doc
Agenda Item R5"A
1700 Convention Center Drive -- Fourth Floor -- Miami Bea Date ;1.-).1,-0.3