BIE - Resos wFiscal Impact Over 75K & 5-7th Vote Waiver, Placed on Regular Agenda (3/27/2025)
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: April 23, 2025
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 II, ENTITLED “CITY
COMMISSION,” BY AMENDING SECTION 2-14 THEREOF, ENTITLED “MEETING
PROCEDURES AND AGENDAS,” TO REQUIRE THAT ANY RESOLUTIONS PLACED ON A
CITY COMMISSION AGENDA WITH A FISCAL IMPACT GREATER THAN $75,000 AND
SEEKING A WAIVER OF THE REQUIRED REVIEW BY THE FINANCE AND ECONOMIC
RESILIENCY COMMITTEE BY 5/7THS OF THE VOTE BY THE CITY COMMISSION MAY NOT
BE PLACED ON THE CONSENT AGENDA AND SHALL INSTEAD BE HEARD AS A
REGULAR AGENDA ITEM; 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. 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;
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Business Impact Estimate
Page 2
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.
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.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
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 L
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:March 19, 2025 10:20 a.m. First Reading Public Hearing
TITLE: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 II,
ENTITLED “CITY COMMISSION,” BY AMENDING SECTION 2-14 THEREOF,
ENTITLED “MEETING PROCEDURES AND AGENDAS,” TO REQUIRE THAT ANY
RESOLUTIONS PLACED ON A CITY COMMISSION AGENDA WITH A FISCAL
IMPACT GREATER THAN $75,000 AND SEEKING A WAIVER OF THE REQUIRED
REVIEW BY THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE BY
5/7THS OF THE VOTE BY THE CITY COMMISSION MAY NOT BE PLACED ON
THE CONSENT AGENDA AND SHALL INSTEAD BE HEARD AS A REGULAR
AGENDA ITEM; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of the sponsor, Commissioner David
Suarez.
The City Commission has established procedures for the conduct of its monthly meetings in
Chapter 2 of the Code. On June 22, 2022, the Mayor and City Commission adopted Ordinance
No. 2022-4496 to strengthen the City’s procedural requirements, including adopting a requirement
that any ordinance or resolution initiated by a member of the City Commission with a fiscal impact
greater than $75,000.00 must be first referred to the Finance and Economic Resiliency Committee
for review and recommendation, unless it is waived by 5/7th vote.
The sponsor of this Ordinance wishes to amend subsection 2-14 of the City Code to clarify that
any resolution initiated by a member of the City Commission with a fiscal impact greater than
$75,000.00 that also seek a waiver of the required review by the Finance and Economic
Resiliency Committee should not be placed on the consent agenda, as these items require careful
consideration and full transparency in the decision-making process. Such resolutions, regardless
of the waiver request, should be heard as regular agenda items to provide for greater public
scrutiny, promote accountability, and ensure that any fiscal impact over $75,000 is properly vetted
by the City Commission.
FISCAL IMPACT STATEMENT
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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?
Is this item related to a G.O. Bond
Project?
No 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)
Condensed Title
10:20 a.m. 1st Rdg PH, Resos w/Fiscal Impact Over $75K & 5/7th Vote Waiver, Placed on
Regular. (DS) CA
Previous Action (For City Clerk Use Only)
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