BIE - Prohibition against contracting with parties that boycott Israel (8/21/2024)MIAMI BEACH
City of Miami Beach,17OO C o nvention C enter D rive,M iam i Beach,Florida 33139,www .m iam ibeachfl.gov
TO:M ayor Steven Meiner and M em bers of the City Com m ission
FROM:Eric Carpenter.City Manager 9ac ~
MEETING DATE:Septem ber 11,2024
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 VI,ENTITLED "PROCUREMENT,"BY AMENDING DIVISION 3,
ENTITLED "CONTRACT PROCEDURES"BY CREATING SECTION 2-375.1,
ENTITLED "PROHIBITION AGAINST CONTRACTING WITH PARTIES THAT
BOYCOTT ISRAEL"TO REGULATE CITY CONTRACTS WITH PARTIES THAT
ENGAGE IN BOYCOTT S OF THE ST ATE OF ISRA EL;AND PROVIDING FOR
REPEALER,SEVERA BILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes D No (If no,please check one of the boxes below)
If one or m ore boxes are checked below ,this m eans the City of M iam i Beach has determ ined that
a Business Im pact Estim ate fo r the above-referenced Ordinance is not required by State law.
D The pro posed O rdinance is required fo r com pliance with Federal or State law or
regulation;
D T he proposed O rdinance relates to the issuance or refinancing of debt;
D T he pro posed O rdinance relates to the adoption of budgets or budget am endm ents,
including revenue sources necessary to fund the budget;
D T he pro posed O rdinance is required to im plem ent a contract or an agreement,including,
but not lim ited to,any Federal,State,local,or private grant or other financial assistance
accepted by the C ity;
D The proposed O rdinance is an em ergency ordinance;
D The O rdinance relates to procurem ent;or
D T he proposed O rdinance is enacted to im plem ent the fo llowing:
a.Part II of C hapter 163,Florida Statutes,relating to gro wth policy,county and municipal
planning,and land developm ent regulation,including zoning,developm ent orders,
developm ent agreem ents and developm ent permits;
b.Sections 190.005 and 190.046,Florida Statutes,regarding com m unity 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 rdinances -R5 AB
M IAM I BEACH
COMMISSION MEMORA NDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
July 24,2024 First Reading
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 VI,
ENTITLED "PROCUREMENT,"BY AMENDING DIVISION 3,ENTITLED
"CONTRACT PROCEDURES"BY CREATING SECTION 2-375.1,ENTITLED
"PROHIBITION AGAINST CONTRACTING WITH PARTIES THAT BOYCOTT
ISRAEL"TO REGULATE CITY CONTRACTS WITH PARTIES THAT ENGAGE IN
BOYCOTTS OF THE STATE OF ISRAEL:AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
The proposed Ordinance is presented to the Mayor and City Commission for their consideration
on First Reading by the sponsor,Commissioner David Suarez.
The proposed Ordinance codifies the following policies:
Israel is renowned for its dynamic and innovative approach across many business sectors,
particularly in health sciences and technology,making a party's decision to discriminate against
Israel,Israeli entities,or entities that do business with and/or in Israel,an unsound business
practice that renders such a party an unduly risky contracting partner.
The City of Miami Beach is committed to the public policy of the federal government,as articulated
in several federal acts,that cooperation with Israel enhances American competitiveness and
materially benefits the country's economy (see,e.g.,19 U.S.C.§2112 note;19 U.S.C.§
4201(b)20)).
The City of Miami Beach is committed to adhering to state laws and ensuring our policies and
procedures fully align with Florida's public policy,as stated in $287.135,Fla.Stat.,which prohibits
City contracts with parties that engage in boycotts against the State of Israel.
The proposed Ordinance codifies this public policy of the City of Miami Beach by prohibiting the
City from entering into contracts with parties that engage in boycotts of the State of Israel.
FISCA L IMPACT STATEMENT
None,because the State of Florida already prohibits City contracts with parties that boycott Israel.
Does this O rdinance require a Business Impact Estimate?No
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on.See BIE at:
h ttps ://www.miamibea chfl.gov/city-h al I/city-cl e rk/m eeti ng-noti ces/
'Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
No
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 David Suarez
Co-sponsor(s)
Mayor Steven Meiner
Commissioner Joseph Magazine
Commissioner Alex Fernandez
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 VI,ENTITLED
"PROCUREMENT,"BY AMENDING DIVISION 3,ENTITLED
"CONTRACT PROCEDURES"BY CREATING SECTION 2-375.1,
ENTITLED "PROHIBITION AGAINST CONTRACTING WITH PARTIES
THAT BOYCOTT ISRAEL"TO REGULATE CITY CONTRACTS WITH
PARTIES THAT ENGAGE IN BOYCOTTS OF THE STATE OF ISRAEL;
AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS,Israel is renowned for its dynamic and innovative approach across many
business sectors,particularly in health sciences and technology,making a party's decision to
discriminate against Israel,Israeli entities,or entities that do business with and/or in Israel,an
unsound business practice that renders such a party an unduly risky contracting partner;and
WHEREAS,the City of Miami Beach is committed to the public policy of the federal
government,as articulated in several federal acts,that cooperation with Israel enhances
American competitiveness and materially benefits the country's economy (see,e.g.,19 U.S.C.
§2112 note;19 U.S.C.§4201 {b){20));and
WHEREAS.the City of Miami Beach is committed to adhering to state laws and ensuring
our policies and procedures fully align with Florida's public policy,as stated in $287.135,Fla.
Stat.,which prohibits City contracts with parties that engage in boycotts against the State of Israel:
and
WHEREAS,this Ordinance codifies the public policy of the City of Miami Beach as set
forth herein,prohibiting the City from entering into contracts with parties that engage in boycotts
of the State of Israel.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Article VI,Section 2-375 of Chapter 2 of the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VI
PROCUREMENT
tr
DIVISION 3
CONTRACT PROCEDURES
***
Sec.2-375.1-Prohibition against contracting with parties that boycott Israel.
{1)Definitions.
For purposes of this section:
(a)"Boycott"and "boycott of Israel"means engaging in refusals to deal,terminating
business activities,or other similar commercial actions that are intended to limit
commercial relations with persons or entities doing business in Israel or in Israeli-
controlled territories,when such actions are taken:
(1)In compliance or adherence to calls for a boycott of Israel,other than those
boycotts to which 50 App.U.S.C.§2407(c)applies,or
(2)In a manner that discriminates on the basis of nationality,national origin,religion.
or other unreasonable basis.
(b)A party's statement that it is participating in boycotts of Israel.or that it has taken a
boycott action at the request of,in compliance with,or in furtherance of calls for a
boycott of Israel,can be considered as one type of evidence.among others.that a
party is participating in a boycott of Israel.
(c)"Party"includes a for-profit or nonprofit organization.association,corporation,
partnership,joint venture,limited partnership,limited liability partnership,limited
liability company,or other entity or business association,including all wholly owned
subsidiaries,majority-owned subsidiaries,_parent companies_or affiliates_The term
does not include a natural person or sole proprietorship.
(2)Prohibition on Contracting with Parties that Boycott Israel.
(a)The city shall not enter a contract with a party unless the contract includes a written
certification that the party is not currently engaged in and agrees for the duration of
the contract to not engage in a boycott of Israel.
(b)The city shall not adopt a procurement.investment or other policy that has the effect
of inducing or requiring a person or party to boycott Israel.
(c}Nothing in this section shall be construed to diminish or infringe upon any right
protected under the First Amendment to the United States Constitution.or the
Constitution of the State of Florida.Nothing in this subsection shall be construed to
conflict with_local,_state,or federal lays
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same 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.
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
relettered 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,2024.
PASSED AND ADOPTED this day of2024
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner David Suarez)
Underline denotes additions
Strike through denotes deletions