Ordinance 2024-4618ORDINANCE NO. 2024-4618
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:
CHAPTER 2
ADMINISTRATION
ARTICLE I. IN GENERAL
Sec. 2-2. Alternative publication of legal notices online.
(a) Notwithstandinq 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.
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.
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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 o? Srday of A 4 , 202Y .
PASSED AND ADOPTED this
ATTEST:
�vMAY 2 9 2024
Rafael E. Granado, City Clerk
/S day of )7"7"'-,2021/.
(Sponsored by Commissioner David Suarez)
Co -Sponsored by Mayor Steven Meiner
Steven Meiner, Mayor
Page 3 of 3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey Z Date
MIAMI BEACH
V111711 . 1 TVIll;�7
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Ricardo J. Dopico, City Attorney
DATE. May 15, 2024
10:20 a.m. Second Reading Public Hearing
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 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.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in
lobbying? No
If so, specify name of lobbyist(s) and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on First Reading at the April 3, 2024 City Commission meeting. No changes have been made
between First and Second Reading. See attached Commission Memorandum for a summary of the proposed Ordinance.
The Business Impact Estimate (BIE) was published on April 26, 2024.
See BIE at: https:llwww.miamibeachfl.gov/city-hall/citylerk/meeting-noticesl
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
As set forth in the Ordinance, this measure is intended to yield cost savings.
Is this a "Residents Right to Does this item utilize G.O.
Know" item, -pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Suarez and Co-sponsored by Mayor Steven Meiner
ATTACHMENTS:
Description
D 1st Rdg Commission Memorandum
D Ordinance
D LTC No. 050-2024 1081
MIAMI BEACH
Rafae' A. Paz, City Attorney
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachf gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
_ FIRST READING
FROM: Rafael A. Paz, City Attorney �— ��
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: 566,943 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.
rl:
Commission Memorandum - Alternative Publication of Legal Notices
March 13, 2024
Page 2
On February 7, 2024, the Miami Herald notified the City of an increase in advertisement costs,
- as follows:
SIZE
OLD PRICE NEW PRICE
PERCENTAGE
INCREASE
% Pae
$290 / Dail $320 / Daily
10.34%
Y2 Pae
$460 / Dail $515 / Daily
11.96%
Full Pae
$7351 Dail $825 / Daily
112.24%
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/ag
1083
MIAMIBEACH
OFFICE OF THE CITY CLERK
LTC No.: 050-2024 LETTER TO COMMISSION
TO: Mayor Steven Meaner and Members of the City Commission
FROM: Rafael E. Granado, City Clerk A 4'
DATE: February 13, 2024
SUBJECT: MOTION BY THE AD HOC CHARTER REVIEW AND REVISION BOARD TO SUPPORT
ORDINANCE BEING PROPOSED BY COMMISSIONER SUAREZAT THE FEBRUARY 21,
2024 COMMISSION MEETING RELATING TO THE ONLINE PUBLICATION OF LEGAL
NOTICES.
The purpose of this Letter to Commission (LTC) 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 not 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.
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RB KM NK.doc
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