BIE - Human Rights Committee Membership (03/01/2024)M IA M I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www .miamibeachfl.gov
TO:
FROM:
M ayo r S teven M einer and M em be rs of the City C om m ission
A lina T. H udak, C ity M anage r
MEETING DATE: M arch 13, 202 4
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.
FLORIDA. AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED, "HUMAN RELATIONS." BY AMENDING ARTICLE II, ENTITLED
"DISCRIMINATION," BY AMENDING SECTION 62-35 ENTITLED "MEMBERSHIP," TO
PROVIDE A PREFERENCE FOR THE ATTORNEY MEMBER OF THE HUMAN RIGHTS
COMMITTEE TO BE A MEMBER OF THE FLORIDA BAR, BUT OTHERWISE ALLOW FOR
AN ATTORNEY LICENSED TO PRACTICE LAW IN ANY OTHER UNITED STATES
JURISDICTION TO SERVE ON THE COMMITTEE IF THE ATTORNEY HAS CIVIL RIGHTS-
RELATED EXPERIENCE; 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 usiness Im p act E stim ate
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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.
14. Additional comments: None.
4 1 B EA CH
Rafael A. Paz, City Attorney
City of Miami Beach, 17O0 Convention Center Drive, Miami Beach, Florid0 33139, yw.miamibe ach fl,gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM:
DATE:
Rafael A. Paz, City Attorney ~
December 13, 2023
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI BEACH , ENTITLED, "HUMAN RELATIONS," BY AMENDING
ARTICLE II, ENTITL ED "DISCRIMINATION," BY AMENDING SECTION 62-35
ENTI TL ED "MEMBERSHIP," TO PROVIDE A PREFERENCE FOR THE
ATTORNEY MEMBER OF THE HUMAN RIGHTS COMMITTEE TO BE A
MEMBER OF THE FLORIDA BAR, BUT OTHERWISE ALLOW FOR AN
ATTORNEY LICENSED TO PRACTICE LAW IN ANY OTHER UNITED STATES
JURISDICTION TO SERVE ON THE COMMITTEE IF THE ATTORNEY HAS
CIVIL RIGHTS-RELATED EXPERIENCE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance was prepared at the request of the sponsor, Commissioner
Laura Dominguez. The Ordinance would amend the qualification requirement relating to
the attorney member of the Miami Beach Human Rights Committee (the "Committee"), a
position which I understand the City has had difficulty filling from time to time.
Currently, Section 62-35 of the City Code requires the Committee to have at least one
committee member who is an attorney licensed to practice law in Florida.
As the attorney member of the Committee does not provide any legal advice to the
Committee and is not engaged in the practice of law on behalf of the Committee, it is not
necessary for the Committee member to be an active member of the Florida Bar. It is far
more useful, however, for the member to have civil rights experience.
Accordingly, the proposed Ordinance would modify the current requirement, to provide a
preference for the attorney member of the Committee to be a member of the Florida bar,
but otherwise allow for a person who is a member of another State's bar to serve on the
Committee, if they have comparable civil rights experience.
RAP/FA/ag
O R D IN A N C E N O . _
A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B E A C H , FL O R ID A , A M E N D IN G C H A P T E R 6 2 O F T H E
C O D E O F T H E C IT Y O F M IA M I B E A C H , E N T IT L E D , "H U M A N
R E LA TI O N S," B Y A M E N D IN G A R T IC L E II, E N T IT L E D
"D IS C RI M IN A TI O N ," B Y A M E N D IN G S E C T IO N 6 2 -3 5 EN TI TL E D
"M E M B E R SH I P," T O P R O V ID E A P R E F E R E N C E FO R T H E A T T O R N E Y
M E M B E R O F T H E H U M A N R IG H T S C O M M IT T E E T O B E A M E M B E R O F
T H E F L O R ID A B A R , B U T O T H E R W IS E A L L O W F O R A N A T T O R N E Y
LI C E N S E D T O P RA C T IC E LA W IN A N Y O T H E R U N IT E D S T A T E S
J U R IS D IC T IO N T O S E R V E O N T H E C O M M IT T E E IF T H E A T T O R N E Y
H A S C IV IL R IG H T S -R E LA T E D E X P E R IE N C E ; A N D P R O V ID IN G FO R
R E P E A L E R , S E V E RA B ILI T Y , C O D IF IC A T IO N , A N D A N E F F E C T IV E
D A T E .
W H E R E A S , on January 3, 2010, the Mayor and City Commission of the City of
Miami Beach adopted Ordinance No. 2010-3669, which, among other amendments to the
Miami Beach Human Rights Ordinance, established the City of Miami Beach Human
Rights Committee; and
WHEREAS, Section 62-35 of the City Code requires the Human Rights Committee
to have at least one committee member who is an attorney licensed to practice law in
Florida; and
WHEREAS, the requirement for the attorney member to be licensed to practice in
Florida is unduly restrictive, as the member does not provide the committee with any legal
advice, and the policy rationale for including an attorney on the Committee is to ensure
that the Committee includes representation by persons of diverse backgrounds, including
persons with civil rights-related experience; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach hereby
find that it is in the best interests of the City and the Human Rights Committee to amend
Section 62-35 of the City Code to provide a preference for the attorney member of the
committee to be a member of the Florida Bar, but otherwise allow for an attorney licensed
to practice law in any other United States jurisdiction to serve on the committee if they
have comparable civil rights experience.
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 62-35 of Chapter 62 of the City Code is hereby amended as
follows:
C h ap ter 62
H U M A N R E LA T IO N S
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ARTICLE II. DISCRIMINATION
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DIVISION 1. GENERALLY
Section 62-35. Membership.
(a) The committee shall consist of a minimum of five and a maximum of 11
members, with one out of every five members to be a direct appointment by the
mayor, and with the remaining members to be at large appointments of the city
commission.
(b) The members of the committee shall reflect, as nearly as possible, the diversity
of individuals protected under the city's human rights ordinance. In keeping with this
policy, not less than two months prior to making appointments or re-appointments to
the committee, the city manager shall solicit nominations from as many public service
groups and other sources, which he/she deems appropriate, as possible.
(c) At least one of the committee members shall possess, in addition to the general
qualifications set forth herein for members, a license to practice law in any United
States jurisdiction (including the District of Columbia and any territory of the United
States) the State of Florida; be an active member of and in good standing with their
respective bar association the Florida Bar; and have experience in civil rights law.
Preference will be given to a committee member who possesses a license to practice
law in the State of Florida; is an active member of and in good standing with the
Florida Bar; and has experience in civil rights law.
(d) Members shall serve without compensation.
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.
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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 , 2023.
PASSED AN D ADOPTED this d ay of 2023.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Laura Dominguez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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