Ordinance 2021-4431 ORDINANCE NO. 2021-4431
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH TO REPLACE ALL INSTANCES
OF THE TERM "SPECIAL MASTER" THROUGHOUT THE CODE
WITH THE TERM "SPECIAL MAGISTRATE," TO BE
CONSISTENT WITH CHAPTER 162 OF THE FLORIDA
STATUTES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Code of Law and Ordinances are issued by
the City's regulatory departments, and are heard by the City's Chief Special Master and
his appointed Special Masters; and
WHEREAS, Chapter 162 of the Florida Statutes governs the ability of
municipalities and local governments to create administrative boards with authority to
impose administrative fines and other noncriminal penalties; and
WHEREAS, Section 162.03 of the Florida Statutes provides that a charter
county, a non-charter county, or a municipality may, by ordinance, adopt an alternate
code enforcement system that gives code enforcement boards or special magistrates
designated by the local governing body, or both, the authority to hold hearings and assess
fines against violators of the respective county or municipal codes and ordinances; and
WHEREAS, the City's alternate code enforcement system is codified in Chapter
30 of the City Code, entitled "Code Enforcement"; and
WHEREAS, persons appointed by the City Commission to enforce the City Code
are referred to as "special masters" throughout Chapter 30 and other provisions of the
City Code; and
WHEREAS, on the recommendation of the City Attorney's Office, the City
Commission has determined that the term "special master" should be amended and
replaced throughout the entire City Code with the term "special magistrate," to be
consistent with Section 162.03 of the Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. All instances of the term "special master" found in the Code of the City of
Miami Beach are to be replaced with "special magistrate" throughout the City Code.
SECTION 2. 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 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 7 day of 4,41 , 2021.
PASSED AND ADOPTED this 2 day of 71� 2021.
ATTEST:
Dan Gelber, Mayor
/ ZfZo
Rafael E. ran do, City Clerk
(Sponsored by Vice-Mayor Michael Gongora)
IP,CORP OR TED' s
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney '
( t Date
2
Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: July 28, 2021
10:25 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH TO REPLACE ALL INSTANCES OF THE TERM "SPECIAL
MASTER" THROUGHOUT THE CODE WITH THE TERM "SPECIAL
MAGISTRATE," TO BE CONSISTENT WITH CHAPTER 162 OF THE
FLORIDA STATUTES; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
ANALYSIS
The attached ordinance was prepared at the request Commissioner Michael Gongora, the
sponsor. The Mayor and City Commission approved the ordinance on first reading at the June
23, 2021 Commission Meeting.
SUPPORTING SURVEY DATA
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attomey
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Ordinance
Page 913 of 2012