Ordinance 2019-4238 ORDINANCE NO. 2019-4238
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, ENTITLED "CITY
COMMISSION," BY AMENDING SECTION 2-12, ENTITLED
"MEETING PROCEDURES AND AGENDAS," BY REPEALING
PROVISIONS IN SUBSECTION (B), ENTITLED "ORDINANCE AND
CHARTER AMENDMENT SPONSORS AND CO-SPONSORS," TO
ELIMINATE THE REQUIREMENTS AND PROCEDURES RELATIVE
TO CO-SPONSORS, AND BY RELETTERING AND AMENDING
SUBSECTION (C)(1) TO CORRECT THE SUB-HEADING ENTITLED
"SUBMISSION OF AGENDAS"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in order to eliminate the current limitations imposed by the requirements
and procedures for the sponsorship and co-sponsorship of ordinances and charter amendments
on City Commission meeting agendas, the amendments proposed herein should be adopted;
and
WHEREAS, further, to correct a subheading in subsection 2-12(c)(1) of the City Code,
the proposed amendment of that subsection, as set forth herein, should also be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 2, Article II, Section 2-12 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.
(a) Statement of legislative intent. Consistent with the City of Miami Beach Charter, this section
will help uphold the principles of separation of powers and checks and balances. It will also
lend to improving transparency in government.
(b) Ordinance and charter amendment sponsors and co sponsoro. Any proposed ordinance or
charter amendment that appears on the agenda of a city commission meeting for
discussion, referral, and/or approval by the mayor and city commission must have the name
of the mayor, a member of the city commission placed prominently next to it as the primary
sponsor of the legislation. A commission mcmber that seeks to co sponsor an ordinance or
co sponsorship request to the city clerk before (as the case may be) discussion, referral,
approve the co sponsor request bcforc (as the case may bc): (i) the vote at the first reading
of an ordinance; (ii) the vote on a resolution placing a charter amendment on the ballot;.(iii)
the discussion of the item; or (iv) the referral of the item (if the item is on the commission
the commission meeting when the item appears on the agenda or by announcing such
withdrawal at the public meeting of the city commission where the item is to be heard, prior
to.the city commission vote on such item. Except for the setting of a time certain, which is
governed by the provisions in subsection (d)(2) hereof, the primary sponsor controls the
placing of the item on an agenda and the withdrawal of the item from an agenda. Co-
sponsors are merely intended to provide additional support for an item and do not possess
any procedural control of the item. Notwithstanding the foregoing, members of the city
commission shall not be precluded from sponsoring ordinances or charter amendments on
the same subject matter, provided that the proposed ordinances or charter amendments
contain different terms or text. The following are excepted from the requirement of a
sponsor:
(1) applications for amendments to the land development regulations filed by
appointed boards or property owners pursuant to subsection 118-162(a) or (b)
of the City Code; and
(2) resolutions that do not concern charter amendments; discussion and/or referral
items that do not concern charter amendments; discussion and/or referral of
items to boards or committees not scheduled for first or second reading as an
ordinance; and referrals to boards or committees proposed by the city manager
or city attorney.
(c) Agenda submission schedule.
(1) -{Submission of agendas. All city commission meeting agendas shall be
submitted to the mayor and city commissioners on the initial print day of the
agenda, which shall be no later than five (5) calendar days preceding a regularly
scheduled city commission meeting. In those instances when a special meeting
is called pursuant to section 2.04 of the City Charter, the agenda shall be
submitted to the mayor and city commissioners as soon as practicable before
the special meeting.
(2) Supplemental agenda materials. Agenda items that are included in the agenda
that is printed on the initial print day may be supplemented, amended, or
corrected by materials in a supplemental agenda, and as may be provided by
the city clerk in an errata document or announcement.
(3) Addendum agenda items. Any item not included in the agenda submitted to the
mayor and city commission on the initial print day must be submitted by the city
clerk to the mayor for a determination whether the item is to be placed on the
agenda as an addendum item. If the mayor declines to place the item on the
agenda as an addendum item, then the item shall be submitted to the city
commission for a vote and the item shall only be considered at the city
commission meeting upon a finding by the city commission, by a five-seventh
affirmative vote, that such item:
a. Constitutes a public emergency affecting life, health, property, or public
safety and should be considered immediately; or
b. Does not constitute a public emergency, but should be considered
immediately.
* * *
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
otherappropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the .23 day of Ci6r"Gry , 2018.
PASSED AND ADOPTED this /3 day of 1ehru4r , 2018.
ASAP
ATTEST:
4-
Dan Gelber, Mayor
%Imo
Ati IA Vt% -::lokk
Rafael . ranado, City Clerk ! S
APPROVED AS TO
Underline denotes additions E r" ORM & LANGUAGE
��`ORP ORATED:
denotes deletions N3 &FO - X CUTION
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(Sponsored by Mayor Dan Gelber) ` City Attorney I( Dote
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F:WTTO\TURN\ORDINANCE\Amending Ch.2 re-Co-sponsorships 2018(Gelber)Revised 11.14.2018.docx
Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: February 13, 2019
10:15 a.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, ENTITLED "CITY COMMISSION," BY AMENDING
SECTION 2-12, ENTITLED "MEETING PROCEDURES AND AGENDAS," BY
REPEALING PROVISIONS IN SUBSECTION (B), ENTITLED "ORDINANCE
AND CHARTER AMENDMENT SPONSORS AND CO-SPONSORS," TO
ELIMINATE THE REQUIREMENTS AND PROCEDURES RELATIVE TO CO-
SPONSORS,AND BY RELETTERING AND AMENDING SUBSECTION (C)(1)
TO CORRECT THE SUB-HEADING ENTITLED "SUBMISSION OF
AGENDAS"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted for
consideration by the City Commission on Second Reading/Public Hearing at the February 13,
2019 City Commission meeting.
This item was deferred from the November 14, 2018 and December 12, 2018 Commission
meetings. The Ordinance passed on First Reading at the January 16, 2019 City Commission
meeting.
ANALYSIS
The amendment set forth in the attached Ordinance will simplify the process for the co-
sponsorship of legislation by removing the existing requirements and procedures. An additional
minor clean-up amendment is also included within the Ordinance that removes unnecessary
brackets in subsection 2-12(c)(1).
As the proposed amendments regard procedural changes, no fiscal impact is expected.
Legislative Tracking
Office of the City Attorney
Sponsor
Page 447 of 911
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Ordinance
Page 448 of 911