BIE - COMMISSION COMMITTEE (10/11/2024)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:Eric Carpenter,City Manager AA/_FdJl!-
MEETING DATE:October 30,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 2,ENTITLED "ADMINISTRATION,"ARTICLE II,ENTITLED
"CITY COMMISSION,"AT SECTION 2-16,ENTITLED "COMMISSION COMMITTEE DRAFT
MINUTES-CITY COMMISSION APPROVAL,"TO CLARIFY THAT CITY COMMISSION
COMMITTEES MAY REQUEST INFORMATION OR ADMINISTRATIVE SUPPORT FROM THE
CITY ADMINISTRATION,WITHIN THE SCOPE OF THE COMMITTEE REFERRAL,SUBJECT
TO THE PROVISIONS OF THIS ORDINANCE;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
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.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 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.The
Commission Memorandum and Ordinance 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:
None.The City of Miami Beach estimates that no businesses are likely to be impacted by
the proposed Ordinance.
14.Additional comments:None.
Ordinances -RS Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
September 11,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2,ENTITLED
"ADMINISTRATION,"ARTICLE 11,ENTITLED "CITY COMMISSION,"AT SECTION
2-16,ENTITLED "COMMISSION COMMITTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL,"TO CLARIFY THAT CITY COMMISSION
COMMITTEES MAY REQUEST INFORMATION OR ADMINISTRATIVE SUPPORT
FROM THE CITY ADMINISTRATION,WITHIN THE SCOPE OF THE COMMITTEE
REFERRAL,SUBJECT TO THE PROVISIONS OF THIS ORDINANCE;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
At the request of Commissioner Kristen Rosen Gonzalez,the attached Ordinance has been
placed on the September 11,2024 City Commission meeting for First Reading.
Pursuant to Resolution No.94-21382 (as amended and re-stated by Resolution No.2024-32990)
the City Commission has created three Commission Committees:the Land Use and Sustainability
Committee,the Finance and Economic Resiliency Committee,and the Public Safety and
Neighborhood Quality of Life Committee.The purpose of the Commission Committees is to
carefully study policy issues,examine facts,and advise the Mayor and City Commission of their
findings and recommendations.The Commission Committees are staffed by the City
Administration,and legal counsel is provided by the City Attorney's Office.
The role of the Commission Committees is advisory,and any final or binding action of the City
Commission (including,without limitation,adoption of legislation,approval of a contract,or
appointment of a Charter officer)may only be taken by the City Commission,as the City's
governing body,at a regular or special meeting.However,the Commission Committees are
allocated sufficient resources to perform their work and develop their recommendations.
The attached Ordinance amends Chapter 2 of the City Code,"Administration,"at Article II,"City
Commission,"to clarify that Commission Committees may,on a majority vote,request that the
City Administration provide information or perform studies,investigations,or analysis,as long as
the request is within the scope of the Committee referral;the request can be performed with
existing budgeted resources;and,if the request involves a purchase of services,the purchase is
within the City Manager's purchasing authority.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www .miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
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 Kristen Rosen Gonzalez
Cg-sponsor(s)
Condensed Title
1st Rdg,Ch.2,Admin.Support to Commission Committees.(Rosen Gonzalez)CA
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM I BEACH,FLORIDA,AMENDING CHAPTER 2,ENTITLED
"ADM INISTRA TION,"ARTICLE II,ENTITLED "CITY COMMISSION,"AT
SECTION 2-16,ENTITLED "COMMISSION COMMITTEE DRA FT MINUTES-
CITY COM MISSION APPROVAL,"TO CLARIFY THAT CITY COMMISSION
CO M M ITTEES MAY REQUEST INFORMATION OR ADMINISTRA TIVE
SUPPORT FROM THE CITY ADMINISTRA TION,WITHIN THE SCOPE OF THE
CO MMITTEE REFERRA L,SUBJECT TO THE PROVISIONS OF THIS
ORDINANCE;AND PROVIDING FOR REPEALER,SEVERA BILITY,
CO DIFICATION,AND AN EFFECTIVE DATE.
W HEREAS,the Mayor and City Commission have created three City Commission
Committees to carefully study policy issues,examine facts,and advise the Mayor and City
Commission of their findings and recommendations;and
W HEREAS,the Commission Committees are staffed by the City Administration,and legal
counsel is provided by the City Attorney's Office;and
WHEREAS,the role of the Commission Committees is advisory,and any final or binding
action of the City Commission (including,without limitation,adoption of legislation,approval of a
contract,or appointment of a Charter officer)may only be taken by the City Commission,as the
City's governing body,at a regular or special meeting;and
WHEREAS,the Mayor and City Commission desire to amend the City Code to clarify that
Commission Committees may,by a majority vote,request that the City Administration provide
information or perform studies,investigations,or analysis,as long as the request (i)is within the
scope of the Committee referral,(ii)can be performed with existing budgeted resources,and (iii)
is within the City Manager's purchasing authority.
NO W ,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
CO M M ISSIO N OF THE CIT Y OF MIAMI BEACH,FLORIDA,AS FOLLOW S:
SECTIO N 1.That Chapter 2,"Administration,"Article 11,"City Commission,"Section 2-16,
"Commission committee draft minutes -City commission approval,"of the Code of the City Miami
Beach is hereby amended as follows:
CHAPTER2
ADMINISTRA TION
***
ARTICLE II.-"CITY COMMISSION"
***
Sec.2-16.Com mission committee draft minutes-City com mission approval.
•(a)Procedure.Draft minutes from meetings of each city commission committee shall be
placed on a subsequent city commission agenda for the purpose of city commission review
and approval.Meeting minutes shall reflect any motions,votes on motions,and the
conclusion of each discussion on each agenda item including any future action that shall be
taken.The draft minutes are subject to correction,amendment,and;approval by the city
commission,with any corrections or amendments to be reflected in those minutes.Once the
draft minutes from the commission committee meeting have been approved by the city
commission,the "draft"notation shall be removed,and the minutes shall be considered final.
•(b)Effect.In general,approval of the minutes do not constitute the city commission's
substantive approval of actions taken at said commission committees,but shall serve only
to allow the minutes to assume their essential status as the official record of the proceedings
of the commission committee.However,those portions of minutes addressing a commission
committee's request for city administration action,shall only be effectuated when a
corresponding item for such requested city administration action is placed on a city
commission agenda,and approved pursuant to resolution or motion passed by a majority
vote of the members present.Nothing in this section shall be construed to prevent a
commission committee from requesting,by a vote of a majority of the committee,that the
city administration provide information or perform studies,investigations,or analysis,as long
as the request is (i)within the scope of the item referred to the committee,(ii)can be
performed with existing budgeted resources,and (iii)if the request involves a purchase of
services,the purchase is within the city manager's purchasing authority as set forth in
chapter 2,article VI of this Code.
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 DA TE.
This Ordinance shall take effect on the day of2024.
PASSED AND ADOPTED this day of2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Underline denotes additions
Strike through denotes deletions
2
g.lf/oz#f
Date
APPROVED AS TO
FORM &LA NGUAGE
&FOR EXECUTION