BIE - Charter Review Amendments (3/7/2025)
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
MEETING DATE: March 16, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ENTITLED “ADMINISTRATION,” SECTION 2-1 THEREOF, ENTITLED
“REASONABLE OPPORTUNITY TO BE HEARD,” SECTION 2-2 THEREOF,
ENTITLED “ALTERNATIVE PUBLICATION OF LEGAL NOTICES ONLINE” AND
SECTION 2-14 THEREOF, ENTITLED “MEETING PROCEDURES AND
AGENDAS,” FOR THE PURPOSE OF CONFORMING/IMPLEMENTING INTO
THE CODE VOTER-APPROVED AMENDMENTS TO THE CITY CHARTER AND
CITIZENS’ BILL OF RIGHTS CONCERNING INCREASED PUBLIC RIGHT TO BE
HEARD VIA TWO (2) STANLEY SUTNICK CITIZENS’ FORUMS AT REGULAR
CITY COMMISSION MEETINGS, ALTERNATIVE PUBLICATION OF LEGAL
NOTICES ONLINE, AND AMENDED PROCEDURE FOR DEFERRAL OF
COMMISSION ITEMS AS WELL AS REQUIREMENT FOR TWO PUBLIC
HEARINGS FOR CITY ORDINANCES (EXCEPT EMERGENCY ORDINANCES
AND PROPOSED ORDINANCES SUBJECT TO ADOPTION PROCEDURES
ESTABLISHED IN CITY'S ZONING 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;
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Business Impact Estimate
Page 2
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.
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: The City of Miami Beach estimates that no businesses are likely to be impacted by
the proposed Ordinance.
4. Additional comments: None.
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Ordinances - R5 S
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:February 26, 2025 11:00 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ENTITLED “ADMINISTRATION,” SECTION 2-1 THEREOF, ENTITLED
“REASONABLE OPPORTUNITY TO BE HEARD,” SECTION 2-2 THEREOF,
ENTITLED “ALTERNATIVE PUBLICATION OF LEGAL NOTICES ONLINE” AND
SECTION 2-14 THEREOF, ENTITLED “MEETING PROCEDURES AND
AGENDAS,” FOR THE PURPOSE OF CONFORMING/IMPLEMENTING INTO THE
CODE VOTER-APPROVED AMENDMENTS TO THE CITY CHARTER AND
CITIZENS’ BILL OF RIGHTS CONCERNING INCREASED PUBLIC RIGHT TO BE
HEARD VIA TWO (2) STANLEY SUTNICK CITIZENS’ FORUMS AT REGULAR
CITY COMMISSION MEETINGS, ALTERNATIVE PUBLICATION OF LEGAL
NOTICES ONLINE, AND AMENDED PROCEDURE FOR DEFERRAL OF
COMMISSION ITEMS AS WELL AS REQUIREMENT FOR TWO PUBLIC
HEARINGS FOR CITY ORDINANCES (EXCEPT EMERGENCY ORDINANCES
AND PROPOSED ORDINANCES SUBJECT TO ADOPTION PROCEDURES
ESTABLISHED IN CITY'S ZONING ORDINANCE); AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Attorney recommends that the Mayor and City Commission adopt this Ordinance at First
Reading, and schedule a Second Reading/Public Hearing. The Ordinance, which is sponsored
by Commissioner Alex J. Fernandez, implements and conforms the City Code to the City Charter
amendments approved by the City’s voters on November 5, 2024.
BACKGROUND/HISTORY
On November 5, 2024, the City submitted to the City’s voters seven (7) proposed amendments
to the City Charter and Citizens’ Bill of Rights that were recommended by the 2023-24 Ad Hoc
Advisory Charter Review and Revision Board. All seven (7) amendments were approved by the
voters.
ANALYSIS
As a result of the City’s November 5, 2024 Special Election, several related sections of the City
Code require amendment in order to conform the Code to the amended Charter and Citizens’ Bill
of Rights, and to implement, as needed, the voter-approved language. As such, the attached
Ordinance proposes required amendments to Chapter 2 of the City Code, entitled
“Administration,” including the following:
· Increasing the public‘s right to be heard by requiring two (2) Stanley Sutnick Citizens‘
Forums at each regular meeting of the City Commission;
· Cross-reference to Charter section re: alternative publication of legal notices online; and
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· Amended procedure for deferral of Commission items, as well as requirement for two public
hearings for City ordinances (except emergency ordinances and proposed ordinances
subject to adoption procedures established in the City’s Zoning Ordinance).
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/
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?
Yes 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 Alex J. Fernandez
Co-sponsor(s)
Condensed Title
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11:00 a.m. 1st Rdg PH, Charter Review Amendments: Notices/Sutnick Forums/PH‘s for Ord.
(Fernandez) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 2,ENTITLED "ADMINISTRATION,"SECTION 2-1
THEREOF,ENTITLED "REASONABLE OPPORTUNITY TO BE
HEARD,"SECTION 2-2 THEREOF,ENTITLED "ALTERNATIVE
PUBLICATION OF LEGAL NOTICES ONLINE,"AND SECTION 2-14
THEREOF,ENTITLED "MEETING PROCEDURES AND AGENDAS,"
FOR THE PURPOSE OF CONFORMING/IMPLEMENTING INTO THE
CODE VOTER-APPROVED AMENDMENTS TO THE CITY CHARTER
AND CITIZENS'BILL OF RIGHTS CONCERNING INCREASED PUBLIC
RIGHT TO BE HEARD VIA TWO (2)STANLEY SUTNICK CITIZENS'
FORUMS AT REGULAR CITY COMMISSION MEETINGS,
ALTERNATIVE PUBLICATION OF LEGAL NOTICES ONLINE,AND
AMENDED PROCEDURE FOR DEFERRAL OF COMMISSION ITEMS
AS WELL AS REQUIREMENT FOR TWO PUBLIC HEARINGS FOR CITY
ORDINANCES (EXCEPT EMERGENCY ORDINANCES AND
PROPOSED ORDINANCES SUBJECT TO ADOPTION PROCEDURES
ESTABLISHED IN CITY'S ZONING ORDINANCE);AND PROVIDING
FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,on November 5,2024,the City of Miami Beach held a Special Election for
the purpose of presenting to the City's electorate seven (7)proposed amendments to the City
Charter and Citizens'Bill of Rights;and
WHEREAS,the City's voters approved all seven (7)measures 1;and
WHEREAS,the following amendments are thus presented for the purpose of
conforming/implementing into the Code the subject voter-approved measures relating to Chapter
2 of the City Code,entitled "Administration."
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.That Chapter 2 of the Miami Beach City Code,entitled "Administration,"is hereby
amended to reflect the following amendments to Section 2-1,"Reasonable opportunity to be
heard"(creation of subsection (h)therein);Section 2-2,"Alternative publication of legal notices
online";and Section 2-14,"Meeting procedures and agendas"(amendment of subsections (d)(3)
and (4)therein),such amendments reading as follows:
1 The Certification of Official Final Election Results from the City's November 5,2024 Special Election are
located at:https://www.miamibeachfl.gov/wp-content/uploads/2024/11/LTC-512-2024-OFFICIAL-RESULTS-
OF-THE-NOVEMBER-5-2024-SPECIAL-ELECTION.pdf
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CHAPTER 2
ADMINISTRATION
ARTICLE I.-IN GENERAL
Sec.2-1.-Reasonable opportunity to be heard.
***
(h)Notwithstanding the above,at each regular meeting of the City Commission there shall be
two Dr.Stanley Sutnick Citizens'Forums,both attended by a quorum of the City
Commission,one to be held at the meeting's commencement and one to be held after 12:00
noon,at which members of the public shall have an opportunity to address the City
Commission on matters relating to the City.
Sec.2-2.-Alternative publication of legal notices online.
(a)Notwithstanding any provision to the contrary and consistent with City Charter Section 2.05,
whenever 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 F.S.ch.50,provided that:
(1)Publication on such publicly accessible website conforms with the requirements of F.S.
§50.0311;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.
(b)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.2-14.-Meeting procedures and agendas.
(d)Agenda items.
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(3)Deferred items.If an agenda item that is not set as a time certain for a public hearing is
not reached during a City Commission meeting,and the City Commission does not
specifically defer the item,the item shall be deemed to be deferred:
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a.To the next regularly scheduled Commission meeting if the item was on a regular
Commission meeting agenda;or
b.To the next regularly scheduled presentations and awards meeting if the item was
on a presentations and awards meeting agenda.
Any agenda item that has been deferred by the sponsor and has not been heard fora
period of 120 days or more within 3 regularly-scheduled City Commission meetings
following the meeting date the item was first placed on a City Commission agenda shall
be automatically withdrawn and no item based on the same proposal may be placed on
another City Commission meeting agenda within the following 3 regularly-scheduled
City Commission meetings unless this provision is waived by a six-sevenths (6/7ths)
vote of the City Commission.For purposes of this paragraph,the term "deferred"shall
not include an item postponed by the City Commission due to a lack of time.No item
based on the same proposal may be placed on another commission agenda for a 90
day period:however,the 9Oday period may be waived by a six-sevenths vote of the
city commission.
(4)Public hearings;time certain public hearing items.
In accordance with City Charter Section 2.05,two public hearings shall be held on
proposed City ordinances except (i)emergency ordinances,and (ii)proposed
ordinances which enact or amend the City's Zoning Ordinance or Comprehensive Plan
of the City of Miami Beach which shall be adopted according to the procedures set forth
in the City of Miami Beach's Zoning Ordinance.
If a time certain public hearing agenda item is to be reset to another commission
meeting agenda,the public hearing must either be:
a.Specifically opened and continued to another commission meeting date and time
certain;or
b.Re-advertised for another commission meeting date and time certain.
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,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a part of the
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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 the day of,2025.
PASSED and ADOPTED this day of2025.
ATTEST:
Mayor Steven Meiner
Rafael E.Granado
City Clerk
(Sponsored by Commissioner Alex J.Fernandez)
APPROVED AS TO
FORM &LANGUAGE
&F~CUTION
a)8
City Attney Datep
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