Ordinance 2019-4318 ORDINANCE NO. 2019-4318
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 A FISCAL IMPACT STATEMENT AS PART OF THE
ANALYSIS ACCOMPANYING . ORDINANCES AND RESOLUTIONS -
PLACED ON CITY COMMISSION AGENDAS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN .EFFECTIVE
DATE.
WHEREAS, on September 20, 2019; .the Finance and Citywide Projects
Committee favorably recommended proposed amendments to the City Code,
sponsored by Commissioner Samuelian, to require the Administration, as part of the
analysis accompanying ordinances and resolutions placed on City Commission
agendas, to specifically disclose the fiscal impact associated with the proposed
measure; and
WHEREAS, many public entities throughout the United States require a fiscal
impact statement as part of the required analysis of legislation. Although practices vary,
the State of Florida, Miami-Dade County, and Broward County, each require a fiscal
impact statement to accompany the analysis of proposed legislation; and
WHEREAS, the Mayor and City Commission desire to require a fiscal impact
statement as part of the consideration of any proposed measure, 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.
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 sectionof 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.
b. 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 currentfiscal 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 nomore
than, five years, from adoption of the measure) materially differs from the
fiscal impact in the first year; (vi) whetherthe proposed measure will
involve pension liability, and the estimated costs thereof; and (vii) any
capital requirements or infrastructure constraints associated with the
proposed measure.
c. 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.
d. 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 deemedsatisfied 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.
e. If a proposed item has a fiscal impact on revenues or expenditures of the
city in the amount of $25,000 or less, the fiscal impact statement shall
state that the item involves an estimated fiscal impact of$25,000 or less,
and no further information or analysis shall be required.
f. The failure to comply with the requirements: of this section shall not
constitute grounds for canceling the consideration of a proposed measure
or rendering invalid any determination made by the city commission.
*
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,
andit 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.
This Ordinance shall take effect on the a/ day of: Deuyt6c2019.
PASSED AND ADOPTED this 1/ day of ,Dece 6e' _ - , 2019.
ATTEST:
Dan Gelber, Mayor
ei 2-1 tw%
Rafael. . Granado, City Clerk
Underline denotes additions
Strikethret gh denotes deletions
(Sponsored by Commissioner Samuelian)
APPROVED AS TO
A FORM&LANGUAGE
111CORP ORATED;
rh 8►FOR EXECUTION
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City Attorney I.Af Date
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: December 11, 2019
10:05 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 THEREOF, ENTITLED "CITY COMMISSION," BY
AMENDING SECTION 2-12 THEREOF, ENTITLED "MEETING
PROCEDURES AND AGENDAS," TO REQUIRE A FISCAL IMPACT
STATEMENT AS PART OF THE ANALYSIS ACCOMPANYING
ORDINANCES AND RESOLUTIONS PLACED ON CITY COMMISSION
AGENDAS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
This proposed ordinance, sponsored by Commissioner Samuelian, was referred to the Finance
and Citywide Projects Committee ("Finance Committee") on July 17, 2019, to require the
Administration, as part of the analysis accompanying all ordinances and resolutions placed on
City Commission agendas, to specifically disclose the fiscal impact associated with the
proposed measure. On September 20, 2019, the Finance Committee favorably recommended
adoption of the proposed ordinance.
The intent of this item is to codify best practices and much of the financial information that the
Administration already includes in the commission memoranda that accompaniies resolutions or
ordinances. The ordinance amendment would require the Administration to briefly state the
fiscal impacts on the revenues or expenditures of the City (in the current fiscal year and the next
fiscal year) in connection with any proposed measure, and provides flexibility to the
Administration to provide additional information which may be relevant to the item, such as
historical data concerning the item at issue, assumptions used in calculating the impact, and
other information.
The fiscal impact statement would only be required for items having an impact on revenues or
expenditures in excess of $5,000. In addition, with respect to the vast majority of the City's
contracts, which are awarded pursuant to a previously approved budget, and with respect to any
other expenditures that are made pursuant to a previously approved budget, the requirement
would be satisfied by a statement of the budget code or funding source being used to cover the
proposed measure.
Page 304 of 720
Many public entities throughout the U.S. require a fiscal impact statement as part of the required
analysis of legislation. Although practices vary, the State of Florida, Miami-Dade County, and
Broward County, each require a fiscal impact statement to accompany the analysis of proposed
legislation. The proposed ordinance amendment has been reviewed, and reflects input provided
by, the City's Chief Financial Officer.
Changes Since First Reading on October 16. 2019
At first reading, the Mayor and City Commission approved the proposed ordinance, with one
amendment to increase the threshold for applicability of the ordinance from $5,000 to $25,000.
Accordingly, the fiscal impact requirement shall only apply to proposed measures with an
estimated impact of$25,000 or more.
In addition, since first reading, on recommendation of the City Attorney, one additional
clarification has been made to the proposed ordinance, to provide that the failure to include a
fiscal impact statement as part of any City Commission item will not constitute grounds to cancel
the City Commission's consideration of the item, or invalidate or void any action that may be
taken by the City Commission at its discretion.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Ordinance
Page 305 of 720