BIE - Require Agenda Items Not Reached, Take Precedence Next Meeting (1/12/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Mana~
MEETING DATE: January 31, 2024 -\..f\ • l
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
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 2-14, ENTITLED "MEETING PROCEDURES AND
AGENDAS," TO REQUIRE THAT AGENDA ITEMS THAT WERE NOT REACHED DURING A
CITY COMMISSION MEETING SHALL TAKE PRECEDENCE OVER OTHER ITEMS AT THE
NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □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.
□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.
B u s in e s s Im p a c t E s tim a te
P a g e 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. The 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.
14. Additional comments: None.
MIAMI BEACH
Rafael A. Paz. City Attorney
CIty of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM:Rafael A. Paz, City Attorney
FIRST READING
DATE :
SUBJECT:
December 13, 2023
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 2-14. ENTITLED
“MEETING PROCEDURES AND AGENDAS,” TO REQUIRE THAT AGENDA
ITEMS THAT WERE NOT REACHED DURING A CITY COMMISSION MEETING
SHALL TAKE PRECEDENCE OVER OTHER ITEMS AT THE NEXT
REGULARLY SCHEDULED CITY COMMISSION MEETING; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE
The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez for
consideration at the December 13, 2023 City Commission meeting.
The City Commission has established agenda procedures for the conduct of its monthly meetings
in Chapter 2 of the City Code. From time to time, certain agenda items are not reached at City
Commission meetings due to time constraints or unforeseen circumstances.
Accordingly, the Mayor and City Commission wish to require that any agenda items that are not
reached or addressed during any City Commission meeting shall take precedence over other
items on the agenda at the next regularly scheduled City Commission meeting, except for
previously scheduled time certain items.
RAP/FA/ag
ORDINANCE NO.
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 2-14, ENTITLED
“MEETING PROCEDURES AND AGENDAS,” TO REQUIRE THAT AGENDA
ITEMS THAT WERE NOT REACHED DURING A CITY COMMISSION MEETING
SHALL TAKE PRECEDENCE OVER OTHER ITEMS AT THE NEXT
REGULARLY SCHEDULED CITY COMMISSION MEETING; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE
WHEREAS, the Mayor and City Commission strive to provide the residents of Miami
Beach with efficient public service, much of which is done through legislative action; and
WHEREAS, the City Commission has established procedures for the conduct of its
monthly meetings in Chapter 2 of the Cide; and
WHEREAS, the City Commission acknowledges the importance of efficiently addressing
all agenda items during City Commission meetings; and
WHEREAS, from time to time, certain agenda items are not reached at a Commission
meeting due to time constraints or unforeseen circumstances;
WHEREAS, as such, the Mayor and City Commission wish to require that any agenda
items that were not reached or addressed during a City Commission meeting shall take
precedence over other items on the agenda at the next regularly scheduled City Commission
meeting, with the exception of previously scheduled time certain items.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 2-14 of Chapter 2 of the City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
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ARTICLE II. CITY COMMISSION
Section 2-14. Meeting procedures and agendas.
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(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 draft of any resolution or ordinance sponsored
and initiated by the mayor or a member of the city commission shall be shared with the
city administration sufficiently in advance of the publication of the agenda to provide
sufficient time for response or comment during the scheduled meeting.
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 section of 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. If an ordinance or resolution
sponsored and initiated by the mayor or a city commissioner is determined to have
a fiscal impact greater than 75,000.00, the item shall first be referred to a
commission committee for review and recommendation. unless the city
commission waives this requirement by a five-sevenths vote.
b.To the extent determined applicable by the city administration, the fiscal impact
statement may include:
(i)
(ii)
(iii)
(iv)
Historical data concerning the revenues or expenditures at issue;
Any assumptions, sources of information or methodologies used to estimate
the fiscal impact to the city;
An estimate of the staff time or other resources that may be needed to
implement the proposed measure;
Whether the proposed measure could be absorbed in the current fiscal 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 no more than, five
years, from adoption of the measure) materially differs from the fiscal impact
in the first year;
(vi) Whether the 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
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e.
f.
(2)Time certains. Except for the setting of time certains for public hearings as required by
law, the mayor shall be authorized to set time certains for all matters to be discussed or
considered on a city commission agenda. The mayor may consider and set a time
certain based upon the request of a city commissioner, the city administration, or a
member of the public if such request is made prior to the commission meeting.
Deferred items. If an agenda item that is not set as a time certain for a public hearing is
not reached during a city commission meeting, and the city commission does not
specifically defer the item, the item shall be deemed to be deferred:
(3)
a.
b.
Any agenda item that has been deferred by the sponsor and has not been heard for a
period of 120 days or more following the meeting date the item was first placed on a
city commission agenda shall be automatically withdrawn. For purposes of this
paragraph, the term "deferred" shall not include an item postponed by the city
commission due to a lack of time. No item based on the same proposal may be placed
on another commission agenda for a 90-day period: however, the 90-day period may
be waived by a six-sevenths vote of the city commission.
(4)Time certain public hearing items. If a time certain public hearing agenda item is to be
reset to another commission meeting agenda, the public hearing must either be:
a.
b.
(5)Previously proposed ordinances and resolutions: exceptions.
a
approved budget, or which involve expenditures that are specifically authorized in
a previously approved budget, the requirements of this section shall be deemed
satisfied 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.
If a proposed item has a fiscal impact on revenues or expenditures of the city in
the amount of $25,000.00 or less, the fiscal impact statement shall state that the
item involves an estimated fiscal impact of $25,000.00 or less, and no further
information or analysis shall be required.
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.
To the next regularly scheduled commission meeting if the item was on a regular
commission meeting agenda; or
To the next regularly scheduled presentations and awards meeting if the item was
on a presentations and awards meeting agenda.
Specifically opened and continued to another commission meeting date and time
certain; or
Re-advertised for another commission meeting date and time certain.
Previously proposed ordinances. Should an ordinance fail on first or second
reading due to the lack of the requisite vote for passage or adoption, or should an
ordinance fail to receive a second on a motion for passage or adoption on first or
second reading, an ordinance based on the same proposal shall not be placed on
another commission agenda for a three month 90-day period; however, the three
month 90-day period may be waived by a six-sevenths commission vote. This
subsection shall not:
Prevent a reconsideration vote pursuant to subsection (i) hereof; orI
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ii. Permit the earlier consideration of a previously submitted ordinance if not
otherwise permitted in this Code. In such event, the City Code provision with
the more stringent time period for the consideration of a previously proposed
ordinance shall control.
b.Previously proposed resolutions. Should a resolution fail due to the lack of the
requisite vote for passage or adoption, or should a resolution fail to receive a
second on a motion for adoption, a resolution based on the same proposal shall
not be placed on another commission agenda for a 60-day period: however, the
60-day period may be waived by a six-sevenths commission vote. This subsection
shall not:
i.
ii.
Prevent a reconsideration vote pursuant to subsection 2-14(i) hereof; or
Permit the earlier consideration of a previously submitted resolution if not
otherwise permitted in this Code. In such event, the City Code provision with
the more stringent time period for the consideration of a previously proposed
resolution shall control.
(6)Referrals to commission committees. City commissioners are encouraged, wherever
possible, to refer new business to a commission committee prior to consideration by the
full city commission. There shall be no limit on the number of commissioner-sponsored
referral items per meeting agenda.
(7)Limit on number of commissioner-initiated discussion items and resolutions per meeting
agenda. No more than eight discussion items and resolutions, combined, may be placed
on a regular meeting agenda by the mayor or by each member of the city commission.
The requirement in this paragraph may be waived by a five-sevenths vote of the city
commission. The mayor and members of the city commission are encouraged to first
request a referral to committee, prior to introducing new business by sponsoring a
discussion item or resolution, in order to promote efficiency, obtain a fiscal impact
analysis from the city administration, seek public input, and thoroughly develop new
policy proposals.
(8)Limit on number of new ordinances per meeting agenda. No more than four ordinances
may be sponsored and initiated by the mayor or by each member of the city commission
and placed on the same agenda for first reading (excluding items that were transmitted
to the city commission by a city commission committee or land use board). The
requirement in this paragraph shall not apply to ordinances initiated by the city
administration, and may be waived by a five-sevenths vote of the city commission.
(9)Informational items requiring no action: responses to constituent inquiries. Each
meeting agenda shall include a separate section for mayor or commissioner-initiated
informational items requiring no action by the city commission. Such information may
include correspondence from the mayor or a commissioner to a resident, business
owner, or other constituent in response to an inquiry relating to city business which may
be of general interest to the city commission or the public at large, or an update relating
to any matter on which the mayor or commissioner is directly working with the
administration .
(10) Items not reached. Any agenda items that were not reached during a city commission
meeting shall take precedence over all other items on the agenda at the next regularly
scheduled city commission meeting, with the exception of previously scheduled time
certain items
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 202
202PASSED AND ADOPTED this day of
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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