BIE - Alternative Publication of Legal Notices Online (04/26/2024)M IA M I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Honorable Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager ~l{)
MEETING DATE: May 15, 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 CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY
CREATING SECTION 2-2 THEREOF, ENTITLED "ALTERNATIVE PUBLICATION OF LEGAL
NOTICES ONLINE," TO PROVIDE THAT IN ACCORDANCE WITH SECTION 50.0311,
FLORIDA STATUTES, WHEREVER THE CITY CODE REQUIRES A LEGAL
ADVERTISEMENT OR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION, THE
CITY MAY USE PUBLICLY ACCESSIBLE WEBSITES HOSTED BY COUNTIES AS AN
ALTERNATIVE MEANS OF PUBLISHING NOTICES AND ADVERTISEMENTS, EXCEPT
WHERE THE NEWSPAPER NOTICE IS OTHERWISE REQUIRED UNDER THE CITY
CHARTER, COUNTY CHARTER, OR COUNTY CODE; AND PROVIDING FOR REPEALER.
SEVERABILITY. CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Iii 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;
Business Impact Estimate
Page 2
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.
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. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any.
During the period from March 2023 to March 2024, the Office of the City Clerk incurred
expenses totaling approximately $178,800 for advertising publication of legal
advertisements and public notices through the Miami Herald. If the proposed Ordinance
is ratified, an estimated $137,600 of the aforementioned expenses would be eligible for
publication on a publicly accessible website maintained by the County, in accordance with
Section 50.0311 of the Florida Statutes.
In compliance with the City Charter, only public hearing notices pertaining to the adoption
of Ordinances would be mandated to be published in a newspaper of general circulation,
such as the Miami Herald. Utilizing the above example, from March 2023 to March 2024,
the City would have spent approximately $41,200 with the Miami Herald.
The Office of the City Clerk spent the following sums advertising public notices with the
Miami Herald: $66,943 for FY20/21; $89,931 for FY 21/22; and $105,338 for FY 22/23.
Transitioning to a County-designated website for legal advertisements and notices would
result in a reduction in payments issued to newspapers of general circulation, such as the
Miami Herald.
No direct compliance costs are expected for businesses, and there will be no new charges
or fees imposed by the proposed Ordinance, including those for which businesses would
be financially responsible, nor will there be any City regulatory costs, including estimated
revenues from new charges or fees to cover such costs.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that only one business, the Miami Herald, which was
utilized by the City for publication of required legal advertisements and notices, is likely
to be impacted by the proposed Ordinance.
Business Impact Estimate
Page3
4. Additional comments:
On April 2, 2024, the County Commission adopted a Resolution mandating the County
Mayor or their designee to take all necessary steps to provide for the publication of legal
advertisements and public notices on a publicly accessible website of the County, as
specified in Section 50.0311 of the Florida Statutes. It acknowledges the statutory
provisions allowing for online publication as a cost-effective alternative to newspaper
advertisements. The resolution further directs the Administration to conduct a cost
assessment within 30 days to confirm the financial viability of online publication compared
to traditional methods. If deemed cost-effective, the Administration is tasked with either
creating a new County website or modifying an existing one to accommodate the
requirements outlined in Section 50.0311. Progress reports on the implementation are to
be submitted to the County Board of Commissioners at specified intervals until
completion.
The rationale behind the County resolution stems from the recognition that maintaining a
County-designated website for legal advertisements and notices would reduce costs for
the County and other governmental agencies within its jurisdiction.
MI A MI/BE A CH
Rafael A. Paz, City Attorney
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, 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: March 13, 2024
SUBJECT: 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 I, ENTITLED "IN GENERAL," BY CREATING SECTION 2-2
THEREOF, ENTITLED "ALTERNATIVE PUBLICATION OF LEGAL NOTICES
ON A PUBLICLY ACCESSIBLE WEBSITE," TO PROVIDE THAT IN
ACCORDANCE WITH SECTION 50.0311, FLORIDA STATUTES, WHEREVER
THE CITY CODE PROVIDES FOR NEWSPAPER PUBLICATION OF A
LEGALLY REQUIRED ADVERTISEMENT OR PUBLIC NOTICE, THE CITY MAY
USE A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY MIAMI-DADE
COUNTY AS AN ALTERNATIVE MEANS OF PUBLISHING SAID LEGALLY
REQUIRED ADVERTISEMENTS OR PUBLIC NOTICES, EXCEPT TO THE
LIMITED EXTENT THAT NEWSPAPER PUBLICATION IS REQUIRED UNDER
THE CITY CHARTER, MIAMI-DADE COUNTY CHARTER OR THE MIAMI-DADE
COUNTY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Commissioner David Suarez for
consideration at the February 21, 2024 City Commission meeting.
Section 50.0311 of the Florida Statutes authorizes the use of publicly accessible websites hosted
by counties as an alternative means of publishing notices and advertisements otherwise required
to be published in newspapers of general circulation.
Miami-Dade County has been working with a County vendor to allow for the different
municipalities to advertise in one central location on the County website accessible via the internet
for purpose of publication of legal notices and advertisements.
The cost of publishing legally required advertisements and public notices on the County's publicly
accessible website is anticipated to be significantly less than the cost of publishing advertisements
and public notices in a newspaper.
The Office of the City Clerk has spent the following sums advertising public notices in the Miami
Herald: $66,943 for FY 20/21, $89,931 for FY 21/22, and FY $105,338 for FY 22/23. In
comparison, an estimated price per notice online is anticipated to be under $50, which will result
in significant savings for the City.
C o m m issio n M e m or a nd um - Al tern ati v e P u b lic a tio n of Le g a l N o tic e s
M ar ch 13, 20 2 4
P a ge 2
O n Feb ru ar y 7, 20 2 4, th e M ia m i H e rald no tifi e d th e C ity of a n in c re a s e in a d v e rt is e m e n t co sts ,
a s follo w s :
S IZ E O L D P R IC E N E W P R IC E P E R C E N T A G E
IN C R E A S E
/P ag e $29 0 /D ai ly $3 2 0 /D ai ly 10 .3 4 %
½ P a ge $46 0 I Daily $515/ Daily 11.96%
Full Page $735 I Daily $825 /Daily 12.24%
Residents within the City have sufficient access to the internet, such that publication of City
notices on the County's publicly accessible website will not unreasonably restrict public access.
The sponsor finds that allowing an alternative option of publishing City's legal notices and
advertisements online is in the public's best interest.
RAP/FA/lag
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 I, ENTITLED "IN
GENERAL," BY CREATING SECTION 2-2 THEREOF, ENTITLED
"ALTERNATIVE PUBLICATION OF LEGAL NOTICES ONLINE," TO
PROVIDE THAT IN ACCORDANCE WITH SECTION 50.0311, FLORIDA
STATUTES, WHEREVER THE CITY CODE REQUIRES A LEGAL
ADVERTISEMENT OR PUBLICATION IN A NEWSPAPER OF GENERAL
CIRCULATION, THE CITY MAY USE PUBLICLY ACCESSIBLE
WEBSITES HOSTED BY COUNTIES AS AN ALTERNATIVE MEANS OF
PUBLISHING NOTICES AND ADVERTISEMENTS, EXCEPT WHERE
THE NEWSPAPER NOTICE IS OTHERWISE REQUIRED UNDER THE
CITY CHARTER, COUNTY CHARTER, OR COUNTY CODE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, Section 50.0311, Florida Statute, authorizes the use of publicly
accessible websites hosted by counties as an alternative means of publishing notices
and advertisements otherwise required to be published in newspapers of general
circulation; and
WHEREAS, Miami-Dade County has been working with a County vendor to
allow for the different municipalities to advertise in one central location on the County
website accessible via the internet for purpose of publication of legal notices and
advertisements; and
WHEREAS, the cost of publishing legally required advertisements and public
notices on the County's publicly accessible website is anticipated to be significantly
less than the cost of publishing advertisements and public notices in a newspaper; and
WHEREAS, the Office of the City Clerk has spent the following sums advertising
public notices in the Miami Herald: $66,943 for FY 20/21, $89,931 for FY 21/22, and
FY $105,338 for FY 22/23; and
WHEREAS, an estimated price per notice online is anticipated to be under $50,
which will result in significant savings for the City; and
WHEREAS, residents within the City have sufficient access to the internet, such
that publication of City notices on the County's publicly accessible website will not
unreasonably restrict public access; and
WHEREAS, the Mayor and City Commission find and determine that allowing
an alternative option of publishing City's legal notices and advertisements online is in
Page 1 of 3
the public's best interest.
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 2-2 of Chapter 2 of the City Code is hereby created as follows:
CHAPTER2
ADMINISTRATION
ARTICLE I. IN GENERAL
k k ¢
Sec. 2-2. Alternative publication of legal notices online .
(a) Notwithstanding any provision to the contrary, wherever the City Code requires an
advertisement or legal notice to be published in a newspaper of general circulation
or other print publication, such advertisement or notice may instead be provided
on a publicly accessible website hosted by Miami-Dade County, as permitted by
chapter 50, Florida Statutes, provided that:
1) Publication on such publicly accessible website conforms with the
requirements of section 50.0311, Florida Statutes: and
2) Publication on such website is made within the timeframe required under
the city code or other applicable law for the respective advertisement or
notice, and includes all information required under applicable law with
respect to such advertisement or notice .
.{Q} This section shall not apply where an advertisement or legal notice is required to
be published in a newspaper of general circulation under the city charter, county
charter, or county code. In addition, nothing in this section shall be deemed to
supersede or supplant any additional state or federal requirements relating to the
publication of particular advertisements or notices.
Sec. 2-3-2-10. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
Page 2 of 3
If any sectio n , subsectio n, cla use or pro visio n of this O rdina nce is he ld inva lid , the
rem a inde r sha ll 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 .
PASSED AND ADOPTED this day of , 202_.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney oz 0--t1--2
Date
Page 3 of 3
M IA M I B EA CH
OFFICE OF THE CITY CLERK
LTC No.: 050-2024 LETTER TO COMMISSION
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael E. Granado, City Clerk 7){f
DATE: February 13, 2024
SUBJECT: MOTION BY THE AD HOC CHARTER REVIEW AND REVISION BOARD TO SUPPORT
ORDINANCE BEING PROPOSED BY COMMISSIONER SUAREZ AT THE FEBRUARY 21,
2024 COMMISSION MEETING RELATING TO THE ONLINE PUBLICATION OF LEGAL
NOTICES.
The purpose of this Letter to Commission (L TC) is to inform the Mayor and Commission of the motion made
by the Ad Hoc Charter Review and Revision Board (Board) at its meeting on February 12, 2024.
Commissioner David Suarez addressed the members of the Board and requested that they consider
amending Charter Section 2.05, entitled "Procedures for passing Ordinances generally," which requires that
a proposed Ordinance be noticed once in a newspaper of general circulation in the City at least ten (10)
days before adoption, and instead allow the City to notice proposed Ordinances through a publicly
accessible website, hosted by Miami-Dade County, as authorized by Section 50.0311, Florida Statutes.
Commissioner Suarez informed the Board that at the February 21, 2024 City Commission meeting, he will
be placing an Ordinance authorizing the City, to the fullest extent permitted under the City Code and City
Charter, to publish the City's legally required advertisements and public notices (other than those for
noticing proposed Ordinances) on the Miami-Dade County approved publicly accessible website for online
notices, in accordance with Section 50.0311 of the Florida Statutes, to achieve cost savings relating to the
City's publication of legal notices in the Miami Herald or other newspaper of general circulation.
After discussion, the Board adopted the following motion:
Motion:
Motion to (1) support the Ordinance being proposed by Commissioner Suarez at the February 21, 2024
City Commission meeting relating to the online publication of legal notices, and (2) schedule a discussion
before the Ad Hoc Charter Review and Revision Board to consider language amending the notice provision
for Ordinances set forth in Charter Section 2.05 during the Board's next meeting on March 4, 2024.
Motion made by: Ronald Starkman
Motion seconded by: Elizabeth Latone
Members present:
Jorge Gonzalez (Chair), Ronald Starkman (Vice-Chair), Michael Band, Julie Basner, Elizabeth Latone, and
Samuel Rabin.
Motion passed: 6-0.
F:ICLERICOMMON\2024113 CHARTER REVIEW 2024\02122024\L TC Charter Review Board - ONLINE PUBLICATION OF LEGAL NOTICES RG
RB KM NK.doc