Resolution 2025-33483RESOLUTION NO. 2025-33483
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE AT'ITS DECEMBER 20, 2024 MEETING TO
DIRECT THE CITY ADMINISTRATION TO IMPLEMENT A POLICY
THAT WOULD ALLOW EMPLOYEES OF THE CITY WHO ARE
PRESCRIBED MEDICAL MARIJUANA BY A PROPERLY LICENSED
MEDICAL PROFESSIONAL TO BE PERMITTED TO USE PROPERLY
PRESCRIBED MEDICATION DURING NONWORKING HOURS AND
SUFFICIENTLY IN ADVANCE OF ANY SCHEDULED WORK SHIFT,
BUT THAT WOULD ALSO MAKE APPROPRIATE EXCEPTIONS
WHERE REQUIRED TO MAINTAIN A DRUGFREE WORKPLACE,
COMPLY WITH STATE AND FEDERAL LAWS REGULATING SOME
LICENSED STAFF (SUCH AS, FOR EXAMPLE, HOLDERS OF CDL
DRIVER'S LICENSES), AND TO PROVIDE APPROPRIATE LIMITED
ACCOMMODATIONS FOR EMPLOYEES IN SAFETY -SENSITIVE
POSITIONS (WHICH MAY CONSIST OF LIGHT -DUTY, A CHANGE OF
DUTIES, AND/OR LEAVE).
WHEREAS, at the February 21, 2024 City Commission meeting, the Mayor and
City Commission approved a referral (item C7 O) the Finance and Economic Resiliency
Committee (FERC or Committee) to discuss a proposed resolution to establish a policy
for the City that would allow employees of the City who are prescribed medical marijuana
by a properly licensed medical professional to be permitted to use properly prescribed
medication during nonworking hours and sufficiently in advance of any scheduled work
shift; and
WHEREAS, the Committee met and discussed the item at its December 20, 2024
meeting; and
WHEREAS, the Committee unanimously recommended that the City Commission
pass a resolution directing the City Administration to implement a policy that would allow
employees of the City who are prescribed medical marijuana by a properly licensed
medical professional to be permitted to use properly prescribed medication during
nonworking hours and sufficiently in advance of any scheduled work shift, but that would
also make appropriate exceptions where required to maintain a drugfree workplace,
comply with state and federal laws regulating some licensed staff (such as, for example,
holders of CDL driver's licenses), and to provide appropriate limited accommodations for
employees in safety -sensitive positions (which may consist of light -duty, a change of
duties, and/or leave); and
WHEREAS, the Mayor and City Commission desire to accept the unanimous
recommendation of the Committee.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Economic Resiliency
Committee at its December 20, 2024 meeting to direct the City Administration to
implement a policy that would allow employees of the City who are prescribed medical
marijuana by a properly licensed medical professional to be permitted to use properly
prescribed medication during nonworking hours and sufficiently in advance of any
scheduled work shift, but that would also make appropriate exceptions where required to
maintain a drugfree workplace, comply with state and federal laws regulating some
licensed staff (such as, for example, holders of CDL driver's licenses), and to provide
appropriate limited accommodations for employees in safety -sensitive positions (which
may consist of light -duty, a change of duties, and/or leave).
PASSED and ADOPTED this 3 day of F-e t7 r4� , 2025.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
IJ
(Sponsored by Commissioner Kristen Rosen Gonzalez)
I,11:021' 0 R A ED
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Q orney Date
Resolutions - C7 AG
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: February 3, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE AT ITS DECEMBER 20,
2024 MEETING TO DIRECT THE CITY ADMINISTRATION TO IMPLEMENT A
POLICY THAT WOULD ALLOW EMPLOYEES OF THE CITY WHO ARE
PRESCRIBED MEDICAL MARIJUANA BY A PROPERLY LICENSED MEDICAL
PROFESSIONAL TO BE PERMITTED TO USE PROPERLY PRESCRIBED
MEDICATION DURING NONWORKING HOURS AND SUFFICIENTLY IN
ADVANCE OF ANY SCHEDULED WORK SHIFT, BUT THAT WOULD ALSO MAKE
APPROPRIATE EXCEPTIONS WHERE REQUIRED TO MAINTAIN A DRUGFREE
WORKPLACE, COMPLY WITH STATE AND FEDERAL LAWS REGULATING
SOME LICENSED STAFF (SUCH AS, FOR EXAMPLE, HOLDERS OF CDL
DRIVER'S LICENSES), AND TO PROVIDE APPROPRIATE LIMITED
ACCOMMODATIONS FOR EMPLOYEES IN SAFETY -SENSITIVE POSITIONS
(WHICH MAY CONSIST OF LIGHT -DUTY, A CHANGE OF DUTIES, AND/OR
LEAVE).
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached resolution is presented by the sponsor, Commissioner Kristen Rosen Gonzalez, for
the consideration of the Mayor and City Commission.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(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
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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?
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
Co-sponsor(s)
Condensed Title
Medical Marijuana Use by Employees. (Rosen Gonzalez) CA
Previous Action (For City Clerk Use Only)
Page 896 of 1859