BIE - Eliminate Board Member Two-Year Hiatus Prior to Reappoinement (6/3/2025)
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: June 25, 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 III, ENTITLED “AGENCIES,
BOARDS, AND COMMITTEES,” BY AMENDING SECTION 2-22(5)(B) THEREOF, ENTITLED
“GENERAL REQUIREMENTS,” TO REMOVE THE MANDATORY TWO-YEAR HIATUS PRIOR
TO REAPPOINTMENT TO ANOTHER AGENCY, BOARD, OR COMMITTEE, EXCEPT FOR
MEMBERS OF LAND USE BOARDS, WHO SHALL CONTINUE TO OBSERVE SUCH HIATUS;
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;
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.
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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, 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 Y
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:May 21, 2025 11:01 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 III,
ENTITLED “AGENCIES, BOARDS, AND COMMITTEES,” BY AMENDING
SECTION 2-22(5)(B) THEREOF, ENTITLED “GENERAL REQUIREMENTS,” TO
REMOVE THE MANDATORY TWO-YEAR HIATUS PRIOR TO REAPPOINTMENT
TO ANOTHER AGENCY, BOARD, OR COMMITTEE, EXCEPT FOR MEMBERS OF
LAND USE BOARDS, WHO SHALL CONTINUE TO OBSERVE SUCH HIATUS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Alex J.
Fernandez.
The City of Miami Beach relies heavily on the dedicated service of its residents who
volunteer their time and expertise to serve on various agencies, boards, and committees.
These advisory bodies play a vital role in shaping public policy, informing decision-
making, and fostering community engagement.
Under the current provisions of Section 2-22 the City Code, at-large appointees who have
served the maximum term limit on a board or committee must observe a mandatory two-
year hiatus before they are eligible for reappointment to a different agency, board, or
committee. While well-intentioned, this provision has sometimes limited the City’s ability
to reengage highly qualified, experienced, and civically engaged individuals in public
service.
To address this issue, the sponsor seeks to eliminate the mandatory two-year hiatus for
at-large appointees—with the exception of those who have served on land use boards.
Land use boards, such as the Planning Board or Board of Adjustment, consider
applications with significant implications for zoning, development, and Miami Beach’s built
environment. For these bodies, maintaining the two-year hiatus is appropriate to promote
fresh perspectives and preserve public confidence in quasi-judicial decision-making.
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By removing the hiatus requirement for all other boards and committees, the City would
improve its ability to appoint highly qualified individuals, maintain valuable institutional
knowledge, and ensure continuity in the work of these advisory bodies.
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
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 Alex Fernandez
Co-sponsor(s)
Condensed Title
11:01 a.m. 1st Rdg PH, Eliminate Board Member 2-Year Hiatus Prior to Reappointment. (AF)
CA
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Previous Action (For City Clerk Use Only)
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