BIE - Employee Leave DonationsMIAMI BEACH
CIty of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.miamibeachfl.gov
TO:Mayor Dan Gelber and Members oif the City Commission
FROM :Alina T. Hudak, City Manag
MEETING DATE: December 13, 2023
SUBJECT:BUSINESS IMPACT ESTIMATE FOR PROPOSED ORDINANCE ENTITED:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED "PERSONNEL," BY AMENDING ARTICLE 1, ENTITLED "IN
GENERAL," BY CREATING SECTION 78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY
EMPLOYEES TO MAKE DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN
DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida
Statutes.
Is a Business Impact Estimate Required?
171 Yes a No (if no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
D
D
D
a
The proposed Ordinance is required for compliance with Federal or State law or
regulation;
The proposed Ordinance relates to the issuance or refinancing of debt;
The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
The proposed Ordinance is an emergency ordinance;
The Ordinance relates to procurement; or
The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
U
a
D
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to
the Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee
for which businesses will be financially responsible, and that the proposed Ordinance
will not impact the City of Miami Beach's regulatory costs and will not generate any
revenue from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None
MIAMI BEACH
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: Rafael A Paz, City Attorney ~
DATE: October 18, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PERSONNEL," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION
78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE
DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN
DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DA TE.
The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner Alex
Fernandez, is submitted for first reading at the October 18, City Commission meeting.
In 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471, to allow qualifying
City employees to donate annual or sick leave to the surviving dependent beneficiaries of a City
employee who dies during the term of employment, to thereby convert annual and sick leave into
cash for the benefit of family members of deceased employees.
On April 16, 2023, the Mayor and City Commission adopted Ordinance No. 2023-4485, creating
Section 78-3 of the City Code, to authorize employees having at least 260 combined hours of
annual and sick leave after any donation, to donate annual and sick leave for specified
humanitarian disaster relief, as may be approved by the City Commission by Resolution.
The Ordinance had the sunset date of August 1, 2023, after which it was automatically repealed.
The Mayor and City Commission desire to re-establish the provisions of Section 78-3 through
August 1, 2024, to authorize City employees to donate annual and sick leave for humanitarian
relief, particularly following the recent conflict in Israel. Specifically, the Sponsor's intent would
be to propose a Resolution to accompany second reading of this Ordinance, to identify a non-
profit group to receive donations in support of persons displaced and/or adversely impacted by
the tragic events in Israel.
If approved on first reading, the second reading/public hearing of the proposed Ordinance would
take place on October 25, 2023.
RAP/FA/ag
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH. FLORIDA. AMENDING CHAPTER 78 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED “PERSONNEL,” BY
AMENDING ARTICLE 1. ENTITLED “IN GENERAL,” BY CREATING SECTION
78-3 THEREOF, TO AUTHORIZE QUALIFYING CITY EMPLOYEES TO MAKE
DONATIONS OF ANNUAL AND SICK LEAVE FOR HUMANITARIAN
DISASTER RELIEF, AS MAY BE APPROVED BY THE CITY COMMISSION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach prides itself on being a diverse, inclusive international
community with respect for the rule of law and democratic institutions, with the Mayor and City
Commission routinely supporting measures that promote human rights and dignity; and
WHEREAS, in 2005, the Mayor and City Commission enacted Ordinance No. 2005-3471,
which allows for qualifying City employees to donate a portion of their annual or sick leave to the
surviving dependent beneficiaries of a City employee who dies while in the employ of the City, to
thereby convert annual and sick leave into cash for the benefit of family members of deceased
employees, in the spirit of shared community and a desire to help our extended City family
members in times of great need; and
WHEREAS, recently, an unprecedented number of people around the world have been
affected by various disasters and catastrophes, both natural and manmade; and
WHEREAS, on April 16, 2023, the Mayor and City Commission adopted Ordinance No.
2-23-4485, creating Section 78-3 of the City Code authorizing employees having at least 260
combined hours of annual and sick leave after any donation, to donate annual and sick leave for
specified humanitarian disaster relief, as may be approved by the City Commission by Resolution;
and
WHEREAS, the Ordinance had the sunset date of August 1 , 2023, after which it was
automatically repealed; and
WHEREAS, the Mayor and City Commission desire to re-establish the provisions of
Section 78-3 through August 1, 2024, to authorize City employees to donate annual and sick
leave for humanitarian disaster relief for the benefit of persons displaced and/or adversely
impacted by terror acts by terrorist organization Hamas, as may be subsequently approved by
the City Commission by Resolution for any specific humanitarian relief effort.
NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 78-3 of the City Code shall be created as follows, and as hereinafter
set forth below:
CHAPTER 78
PERSONNEL
qcgc+
+++
ARTICLE 1. IN GENERAL
Sec. 78-3. Donation of annual leave and sick leave for humanitarian disaster relief.
(a) if approved by the city commission via resolution for any specific humanitarian relief effort,
city employees may donate a portion of their annual leave and/or sick leave for specified
humanitarian disaster relief
(b) The donating employee must maintain a balance of at least 260 combined hours of annual
and sick leave
(c) The donated time will be computed at the donating employee's current rate of pay at the time
of donation
(d)
(e)
(f)
CgI
One check of all donations made shall be issued by the city to the appropriate disaster relief
agency, entity or organization.
Donations may only be made durinq the period of time designated by the city commission
on such authorizing resolution. No donations will be accepted after that date.
The amount of time donated by the donating employee will reduce that employee's final leave
settlement
The donating employee will be required to sign a form indicating the hours donated and that
these hours will reduce such employee’s final leave settlement. This signed form will be
retained in the donating employee's personnel file.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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 of the remaining portions of this ordinance.
b
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 a 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.
2
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on
PASSED and ADOPTED this day of
ATTEST:
2023.
Dan Gelber
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
Underline denotes additions
S+4kethrough denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
, D -\ D-a3
CIty Attomey fn Date