BIE - Next Generation Council (03/20/2024)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 Manager ~~ fi,,.
MEETING DATE: April 3, 2024
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 MIAMI BEACH CITY CODE, ENTITLED
"ADMINISTRATION." BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES. BOARDS AND
COMMITTEES." BY REPEALING DIVISION 14, ENTITLED "NEXT GENERATION COUNCIL";
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 t e
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. 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.
MIAMI BEAC H
City of M iam i Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: R ata el A. Paz, c y Atom e y (
FIRST READING
DATE: March 13, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY
CODE, ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE Ill,
ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-72
THEREOF, ENTITLED "CONDUCT OF HEARINGS," BY CREATING
SUBSECTION (C) ALLOWING ONLY ONE CONTINUANCE FOR THE CITY
AND ONE CONTINUANCE FOR THE ALLEGED VIOLATOR EXCEPT IN
EXCEPTIONAL CIRCUMSTANCES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner Laura Dominguez, this proposed ordinance
is presented to the Mayor and City Commission for your consideration on first reading.
The enforcement of the provisions of the Code of the City of Miami Beach is a priority of
the Mayor and City Commission. Efficient, speedy, and just resolution of City Code
violations heard before the City's special magistrates is an indispensable component of
achieving this priority.
Multiple continuances of hearings before the City's special magistrates frustrates this goal
and leads to inefficient, late, and unjust resolution of City Code violations.
The proposed ordinance facilitates timely resolution of matters heard before the City's
special magistrates by limiting continuances that may be granted by the special
magistrates to a maximum of one continuance to the alleged violator and one continuance
to the city, each for good cause shown. Moreover, subsequent motions for continuance
would be denied except in the most exceptional circumstances when the movant has
shown, through sworn testimony accompanying the motion, that fundamental due
process would be denied if the subsequent continuance was not granted.
RAP/RFR/mmm
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 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 , F L O R ID A , A M E N D IN G C H A P T E R 3 0 O F T H E
M IA M I B E A C H C IT Y C O D E , E N T IT L E D "C O D E E N F O R C E M E N T ,"
B Y A M E N D IN G A R T IC L E Ill , E N T IT L E D "E N F O R C E M E N T
P R O C E D U R E ," B Y A M E N D IN G S E C TI O N 3 0 -7 2 TH E R E OF ,
E N T IT L E D "C O N D U C T O F H E A R IN G S ," B Y C R E A T IN G
S U B S E C T IO N (C) A L L O W IN G O N L Y O N E C O N T IN U A N C E F O R
T H E C IT Y A N D O N E C O N T IN U A N C E F O R T H E A L L E G E D
V IO LA T O R E X C E P T IN E X C E P T IO N A L C IR C U M S T A N C E S ; A N D
P R O V ID IN G F O 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 , enforcement of the provisions of the Code of the City of Miami Beach is a
priority of the Mayor and City Commission; and
WHEREAS, efficient, speedy, and just resolution of City Code violations heard before the
City's special magistrates is an indispensable component of achieving this priority; and
WHEREAS, multiple continuances of hearings before the City's special magistrates
frustrates this goal and leads to inefficient, late, and unjust resolution of City Code violations; and
WHEREAS, the Mayor and City Commission desire to facilitate timely resolution of
matters heard before the City's special magistrates by limiting continuances that may be granted
by the special magistrates to a maximum of one continuance to the alleged violator and one
continuance to the city, each for good cause shown; and
WHEREAS, the Mayor and City Commission future desire to codify that subsequent
motions for continuance shall be denied except in the most exceptional circumstances when the
movant has shown, through sworn testimony accompanying the motion, that fundamental due
process would be denied if the subsequent continuance was not granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
SECTION 1. That Section 30-72 of Article Ill of Chapter 30 of the City Code, entitled "Conduct of
hearings," is hereby amended to state as follows:
CHAPTER30-CODEENFORCEMENT
* * *
ARTICLE III. - ENFORCEMENT PROCEDURE
i * *
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Sec. 30-72.- Conduct of hearings.
(a) Upon request of the code inspector or at such other times as may be necessary, the
special magistrate may call hearings. The special magistrate at any hearing may set
a future hearing date. The special magistrate shall attempt to convene no less
frequently than once every month but may meet more or less often as the demand
necessitates. Minutes shall be kept of all hearings, and all hearings shall be open to
the public. The city manager shall provide clerical and administrative personnel as
may be reasonably required for the proper performance of the special magistrate's
duties. If the local governing body prevails in prosecuting a case before the special
magistrate, it shall be entitled to recover all costs and fees incurred in prosecuting
the case before the special magistrate, including, but not limited to, costs for
enforcement, inspections, preparation of enforcement reports, photographs, testing,
monitoring, title search, postage, service of notice and or orders, translator,
audio/video of proceeding, recordings, administrative and clerical costs, special
magistrate fees as approved by a resolution of the city commission, and hearing
facility costs; such costs and fees may be included in the lien authorized under F.S.
§ 162.09(3).
(b) Except as provided in article II of this chapter, the special magistrate shall proceed
to hear the cases on the agenda for that day and shall take testimony from the code
inspector and alleged violator. All testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, but fundamental due process
shall be observed and shall govern said proceedings.
(c) Motions for continuance shall be filed with the clerk of the special magistrate. The
special magistrate may grant a maximum of one continuance to the alleged violator
and one continuance to the city, each for good cause shown. Subsequent motions
for continuance shall be denied except in the most exceptional circumstances when
the movant has shown, through sworn testimony accompanying the motion, that
fundamental due process would be denied if the subsequent continuance was not
granted.
(c) (d) At the conclusion of the hearing, the special magistrate shall issue findings of fact
based on evidence and conclusions of law and shall issue an order affording the
proper relief consistent with the powers granted herein. The order may include a
notice that it must be complied with by a specified date, and that a fine may be
imposed if the order is not complied with by that date, and, under the conditions
specified in section 30-74, the cost of repairs may be included along with the fine if
the order is not complied with by the specified date. A certified copy of such order
may be recorded in the public records of the county and shall constitute notice to
any subsequent purchasers, successors in interest, or assigns if the violation
concerns real property, and the findings therein shall be binding upon the violator
and, if the violation concerns real property, upon any subsequent purchases,
successors in interests, or assigns. If an order is recorded in the public records
pursuant to this section and the order is complied with by the date specified in the
order, the special magistrate shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an
order acknowledging compliance.
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S E C T IO N 4 . R E P E A L E R .
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. 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. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. EFFECTIVE DA TE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Laura Dominguez)
A P P R O V ED AS7O
FORM R LA GU E
&FOR XECU ii~N
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