Resolution 2020-31279 RESOLUTION NO. 2020-31279
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR ACCESS TO CERTAIN EXEMPT
INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY
APPRAISER AND TO PROTECT EXEMPT INFORMATION FROM PUBLIC
DISCLOSURE. •
WHEREAS, the City, as required by Section 197.3632, Florida Statutes, approved the use
of the uniform method for collecting non-ad valorem assessments for the provision of the
continued operation and maintenance of three (3) Special Taxing Districts within the City; and
WHEREAS, the City has requested access to certain records maintained by the Miami-
Dade County Property Appraiser (the "Property Appraiser") relating to specific property owners,
including name, home addresses, telephone numbers, dates of birth, and photographs,which are
exempt from public disclosure under Section 119.071, Florida Statutes ("Exempt Information");
and
WHEREAS, under Section 119.071, Florida Statutes, "home addresses" includes the
physical address, mailing address, street address, parcel identification number, plot identification
number, legal property description, neighborhood name and lot number, GPS coordinates, and
any other descriptive property information that may reveal the home address; and
WHEREAS, the Property Appraiser is requesting that the City enter into a written
agreement to ensure that all Exempt Information is protected from disclosure for any other
purpose other than as prescribed by Florida law; and
WHEREAS, the City shall only request Exempt Information when there is a statutory or
official need for the Exempt Information; and
WHEREAS, the City shall take full responsibility for protecting all Exempt Information
provided pursuant to this agreement and in accordance with Florida law; and
WHEREAS, it is in the best interest of the City to execute an agreement with the Property
Appraiser, in the form attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, authorize the Mayor and City Clerk to execute an
agreement for access to certain exempt information maintained by the Miami-Dade County
Property Appraiser and to protect exempt information from public disclosure.
PASSED and ADOPTED this c2 day of May 2020.
ATTEST: 2-zil---______
Dan Gelber, Mayor
'i APPROVED AS TO
Rafael . Gr ado City Clerk a �� '1 B••"•••cy FORM & LANGUAGE
& FOR EXECUTION
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INCORPORATED; -
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City Attorney',- , Date
AGREEMENT FOR ACCESS TO CERTAIN EXEMPT INFORMATION MAINTAINED
BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER
THIS AGREEMENT TO ACCESS CERTAIN EXEMPT INFORMATION
MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER
(AGREEMENT),made and entered into this day of , 20_, by and between the
,FLORIDA, a municipal corporation of the STATE OF FLORIDA
(hereinafter referred to as the "Municipality") and the MIAMI-DADE COUNTY PROPERTY
APPRAISER, (hereinafter referred as the "Property Appraiser").
WITNESSETH
WHEREAS, the Municipality has requested access to certain records maintained by the
Property Appraiser relating to specific property owners, including name, home addresses,
telephone numbers, dates of birth, and photographs, which are exempt from public disclosure
under section 119.071 of the Florida Statutes ("Exempt Information").
WHEREAS,under section 119.071 of the Florida Statutes, "home addresses"includes the
physical address, mailing address, street address,parcel identification number, plot identification
number,legal property description,neighborhood name and lot number, GPS coordinates, and any
other descriptive property information that may reveal the home address.
WHEREAS, the Municipality shall only request Exempt Information when there is a
statutory or official need for the Exempt Information.
WHEREAS, the Municipality shall take full responsibility for protecting all Exempt
Information provided pursuant to this agreement in accordance with Florida law,
WHEREAS, the Municipality's governing body has approved this agreement via
Resolution 2020-31279 and authorized the below signatory to execute this agreement on behalf
of the Municipality,
NOW, THEREFORE, in consideration of the covenants herein provided, the Municipality
and the Property Appraiser agree as follows:
1. The foregoing recitals are incorporated herein.
2. Before the Municipality requests any Exempt Information from the Property Appraiser, the
Municipality shall establish sufficient safeguards to ensure that Exempt Information will not
be disclosed, whether intentionally or inadvertently, by the Municipality or any of its agents
or employees, except as authorized by Florida law.
3. The Municipality shall only use Exempt Information to fulfill the official administration,
duties, and responsibilities of government and such Exempt Information may not be disclosed
or shared for any other purpose other than as prescribed by Florida law.
4. When in receipt of Exempt Information from the Property Appraiser, the Municipality
acknowledges that its employees, successors, and authorized agents are subject to the same
requirements exempting such records from public disclosure and the same penalties for
violation of those requirements as the Property Appraiser. The Municipality accepts full
1
responsibility for the actions of its employees, successors, and authorized agents with regards
to the Exempt Information.
5. To the extent allowed by, and subject to the limitations of, section 768.28 of the Florida
Statutes, if applicable,the Municipality does hereby agree to indemnify and hold the Property
Appraiser, its officials, employees, and instrumentalities, harmless from any and all liability
for any damage, injury, or claim that may arise by virtue of the Exempt Information, or the
exercise of any rights, obligations or actions under this Agreement, including, but not limited
to, the Municipality's failure to maintain the Exempt Information in accordance with Florida
law.
6. The undersigned further agrees that these conditions shall be deemed a continuing obligation
between the Municipality and the Property Appraiser and shall remain in full force and effect
and be binding on the Municipality, and any permitted successors or assigns.
7. In the event that the Municipality requests any third party to assume any of its responsibilities
as it relates to the Exempt Information or this Agreement, the Municipality must require the
third party to agree in writing that it is subject to, and must comply with, all terms of this
Agreement and that it must protect the Exempt Information from disclosure. Such agreement
by the third party must be signed before the Municipality allows the third party to access any
Exempt Information. The Municipality acknowledges that such assumption by a third party
shall not relieve the Municipality from any obligations or responsibilities hereunder. Any
failure by any third party shall not subject the Property Appraiser to any liability for any
damage, injury, or claim that may arise. A failure of the Municipality to comply with this
section shall be a breach of this Agreement and therefore a termination of the Agreement
without the notice requirement in section 9.
8. Nothing in this Agreement, expressed or implied, is intended to: (a) confer upon any entity or
person other than the parties and any permitted successors or assigns, any rights or remedies
under or by reason of the Agreement as a third party beneficiary or otherwise except as
specifically provided in this Agreement; or(b) authorize anyone not a party to this Agreement
to maintain an action pursuant to or based upon this Agreement. Additionally, nothing herein
shall be deemed to constitute a waiver of any rights under section 768.28 of the Florida
Statutes, or as a waiver of the Property Appraiser's sovereign rights.
9. Either party to this Agreement may terminate the Agreement with seven (7) days' written
notice to the other party. Upon termination of the Agreement, the Municipality shall destroy
all Exempt Information within ten (10) days. The Municipality's obligation to protect the
Exempt Information from disclosure shall remain in full force and effect following the
termination of the Agreement.
10. The language agreed to herein expresses the mutual intent and agreement of the Property
Appraiser and the Municipality, and shall not,as a matter of judicial construction,be construed
more severely against one of the parties from the other.
11. Any notices to be given hereunder shall be in writing and shall be deemed to have been given
if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written
certified U.S. main, with return receipt requested, addressed to the party for whom it is
intended, at the place specified. The method of delivery shall be consistent among all of the
2
persons listed herein. For the present, the Municipality and Property Appraiser designate the
following as the respective places for notice purposes:
Municipality: City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
With a Copy to:
Property Appraiser Miami-Dade County
Office of the Property Appraiser
111 Northwest First Street, Suite 710
Miami, Florida 33128
With a Copy to: Miami-Dade County Attorney's Office
111 Northwest First Street, Suite 2810
Miami, Florida 33128
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IN WITNESS WHEREOF, the NA-rftet C• ZHa (Municipality) has caused this
instrument to be executed by its respective officials thereunto duly authorized, this the day and
year above written.
Cc17 t 13€. 0 , a municipal corporation
ATTEST:
By: BY:....,,,,,,
Clerk RA¢A E. G R f*(N,sip �Pv .B..... ,,,,r/Manager 141A7oQ 9 A N &4.g
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INCORPORATED
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APPROVED AS TO LEGAL FORM Rei 2..
AND CORRECTNESS:
Municipal Attorney
MIAMI-DADE COUNTY PROPERTY APPRAISER
ATTEST:
By:
Property Appraiser or Date APPRO D AS TO
Designee -: -M : LANGUAGE
FO'' EXECUTION
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Resolutions -C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 22, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT FOR ACCESS TO CERTAIN
EXEMPT INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY
PROPERTY APPRAISER AND TO PROTECT EXEMPT INFORMATION
FROM PUBLIC DISCLOSURE.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Organizational Innovation-Ensure strong fiscal stewardship.
Legislative Tracking
Office of Management and Budget
ATTACHMENTS:
Description
o Memo-Agreement for Access to Exempt Information
❑ Resolution &Agreement
Page 11 of 47
I \I L 7—AC s_!
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 22, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR ACCESS TO CERTAIN EXEMPT INFORMATION MAINTAINED BY
THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TO PROTECT EXEMPT
INFORMATION FROM PUBLIC DISCLOSURE.
STRATEGIC PLAN SUPPORTED
Organizational Innovation—Ensure strong fiscal stewardship
ANALYSIS
The City, as required by Section 197.3632, Florida Statutes, approved the use of the uniform
method for collecting non-ad valorem assessments for the provision of the continued operation and
maintenance of three (3)Special Taxing Districts within the City(Biscayne Point, Biscayne Beach
and Allison Island).
The Miami-Dade County Property Appraiser is requesting that the City enter into a written
agreement to ensure that all Exempt Information is protected from disclosure for any other purpose
other than as prescribed by Florida law.The City shall only request Exempt Information when there
is a statutory or official need for the Exempt Information and shall take full responsibility for
protecting all Exempt Information provided pursuant to this agreement and in accordance with
Florida law.
This Resolution authorizes the Mayor and City Clerk to execute an agreement for access to certain
exempt information maintained by the Miami-Dade County Property Appraiser and to protect
exempt information from public disclosure.
JLM/JW/TOS
Page 12 of 47