BIE - Disability Access Committee (07/05/2024)M IA M I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager f( b.,_j
MEETING DATE: July 24, 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 111, ENTITLED "AGENCIES. BOARDS
AND COMMITTEES," BY AMENDING DIVISION 2. ENTITLED "DISABILITY ACCESS
COMMITTEE" BY AMENDING SECTION 2-31 THEREOF TO REDUCE QUORUM AND VOTING
REQUIREMENTS FROM EIGHT TO FIVE MEMBERS; 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.
Business Impact Estimate
Page2
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.
O r d i n a n c e s - R S N
MIAMI B E A C H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE:
TITLE:
June 26, 2024 First Reading
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 AMENDING DIVISION 2,
ENTITLED "DISABILITY ACCESS COMMITTEE" BY AMENDING SECTION 2-31
THEREOF TO REDUCE QUORUM AND VOTING REQUIREMENTS FROM EIGHT
TO FIVE MEMBERS; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Alex Fernandez for
consideration at the May 15, 2024 City Commission meeting.
The City's Disability Access Committee (the "Committee") was first established in 1997, to review,
formulate and coordinate information, suggestions, proposals and plans and to address
complaints from the general public to provide more conveniently accessible facilities, public
buildings, streets, sidewalks and programs for the persons with disabilities in the City.
The Committee's current quorum and voting requirement of eight (8) members has presented
logistical challenges for Committee's decision-making process, particularly in instances where
members are unable to attend and vote in-person due to disability-related accessibility barriers.
Reducing the quorum and voting requirements to accommodate virtual attendance would provide
flexibility for members, particularly those with who may face challenges attending in-person
meetings due to mobility issues or other accessibility barriers.
The proposed Ordinance seeks to reduce the quorum and voting requirement to (five) 5 members,
which would facilitate more efficient decision-making processes while still ensuring representation
from a diverse range of perspectives.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
N o N o
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 the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
ORDINANCE NO. _
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 AMENDING DIVISION 2, ENTITLED "DISABILITY
ACCESS COMMITTEE" BY AMENDING SECTION 2-31 THEREOF TO
REDUCE QUORUM AND VOTING REQUIREMENTS FROM EIGHT TO
FIVE MEMBERS; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City's Disability Access Committee (the "Committee") was first
established in 1997, to review, formulate and coordinate information, suggestions,
proposals and plans and to address complaints from the general public to provide more
conveniently accessible facilities, public buildings, streets, sidewalks and programs for
the persons with disabilities in the City; and
WHEREAS, the Committee's current quorum and voting requirement of eight (8)
members has presented logistical challenges for Committee's decision-making process,
particularly in instances where members are unable to attend and vote in-person due to
disability-related accessibility barriers; and
WHEREAS, the Mayor and City Commission understand that reducing the quorum
and voting requirements to accommodate virtual attendance provides flexibility for
members, particularly those with who may face challenges attending in-person meetings
due to mobility issues or other accessibility barriers; and
WHEREAS, reducing the quorum and voting requirement to (five) 5 members will
facilitate more efficient decision-making processes while still ensuring representation
from a diverse range of perspectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Division 2 of Article 111, of Chapter 2 of the City Code, entitled
"Administration," is hereby amended as follows:
Chapter 2- ADMINISTRATION
i i i
ARTICLE 111. - AGENCIES, BOARDS AND COMMITTEES
k k k
DIVISION 2. DISABILITY ACCESS COMMITTEE
Sec. 2-31. Established; purpose; composition.
(a) Established. There is hereby established the disability access committee, whose
purposes, power and duties, composition, membership qualification and general
governing regulations are as set forth in this section.
(b) Purpose. The purpose of this committee is to review, formulate and coordinate
information, suggestions, proposals and plans and to address complaints from the
general public to provide more conveniently accessible facilities, public buildings,
streets, sidewalks and programs for the persons with disabilities in the city. The
committee, in the context of this transition plan, is consulted with in terms of
prioritization of accessibility-related improvements to city facilities. The priorities are
in terms of both the order of which facilities to modify, and also the particular
improvements to each respective facility. The committee may provide accessibility-
related input to the following departments: building services, recreation, culture and
parks, police and code compliance.
(c) Powers and duties. See subsection (b) of this section. In addition, the chairperson of
the committee may designate a committee member to attend meetings of other city
agencies, boards, or committees for the purpose of providing and obtaining input
regarding accessibility-related issues and reporting to the disability access
committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in
subsection (b) or to the city commission.
(d) Composition. The disability access committee shall be composed of 14 voting
members; the mayor and each city commissioner shall make two direct
appointments. A quorum shall consist of eight fiye members. Formal action of the
board shall require at least eight five votes. Consideration shall be given, but not be
limited to, the following categories: persons having mobility impairment; deaf and/or
hard-of-hearing persons in the community; blind and/or vision-impaired persons in
the community; mental, cognitive or developmental disabilities; and the industries of
tourism and convention, retail, hospitality (restaurant or hotel), and health care (or
rehabilitation). The city attorney's office shall provide legal counsel.
( e) Knowledge and experience. All appointments shall be made on the basis of civic
pride, integrity, experience and interest in the needs of persons with disabilities.
Consideration shall be given, but not be limited to, recommendations solicited by the
city commission from associations to be specified by the disability access committee
at a later date.
(f) Supporting department. The supporting department of the committee is public works.
Secs. 2-32-2-35. Reserved.
* * *
SECTI ON 2. 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
p a rt o f t h e M ia m i B e a c h C it y C o d e . T h e s e c tio n s o f th is o r d in a n c e m a y b e re n u m b e r e d
o r r e le tt e r e d to a c c o m p lis h s u c h in te n t io n , a n d th e w o r d "o r d in a n c e " m a y b e c h a n g e d to
"s e ct i on ," "ar ticl e ," or o t h e r a p p ro p r ia te w o r d .
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. 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. EFFECTIVE DA TE.
This Ordinance shall take effect on the day of , 2024.
PASSED AND ADOPTED this day of,2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
Strikethrough denotes deletions
(sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
cry tome Date