Ordinance 2025-4742 !
ORDINANCE NO. 2025-4742
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," 8Y
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.
WHEREAS, the City of Miami Beach relies on the dedicated service of volunteers who
serve on various agencies, boards, and committees to support city governance and policy
development; and
WHEREAS, current City Code imposes a mandatory two-year hiatus for at-large
appointees who have served the maximum allowable term on a board or committee before they
may be reappointed to a different agency, board, or committee; and
WHEREAS, this restriction has at times limited the City's ability to benefit from the
institutional knowledge, leadership, and civic engagement of qualifed and experienced
individuals; and
WHEREAS, the City Commission finds that removing the mandatory two-year hiatus for
reappointment—except in the case of inembers who have served on land use boards—will allow
for greater flexibility in appointments, betler continuity in public service, and a more effcient use
of experienced talent; and
WHEREAS, land use boards address matters of substantial impact on zoning,
development, and the built environment, and therefore a two-year hiatus for members completing
full terms on these boards remains appropriate to ensure fresh perspectives and public
confdence in the decision-making process.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 2-22 of Chapter 2 of the City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
ARTICLE III.AGENCIES, BOARDS AND COMMITTEES
DIVISION 1. GENERALLY
Sec. 2-22. General requirements.
Ezcept as othenvise specifcally provided:
(1) All agencies, boards and committees shall express a statement of their bodies' purpose.
(2) All agencies, boards and committees shall appoint a chairperson and a vice-
chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's
board or committee.
(3) The enabling legislation for all agencies, boards and committees shall contain
qualifcations for membership as to knowledge and experience.
(4) Members of agencies, boards and committees shall be affiliated with the city; this
requirement shall be fulfilled in the following ways:
a. An individual shall have been a resident of the city for a minimum of six months; or
b. An individual shall demonstrate an ownership interest (for a minimum of six
months) in a business established in the city (for a minimum of six months); or
c. An individual shall be a full-time employee of such a business (for a minimum of
six months); provided further that such employee must be based in an office or
other location of the business that is physically located in Miami Beach (for a
minimum of six months). NoRvithstanding the requirements set forth herein, the
qualified full-time employee of a business must be approved by a four-sevenths
vote of the mayor and city commission.
For the purposes of subsection (4)b., the following terms shall have the following
meanings:
(i) Ownership interest shall mean ownership of ten percent or more (including
the ownership of ten percent or more of the outstanding capital stock) in a
business.
(ii) Business any sole proprietorship, sponsorship, corporation, limited liability
company, or other entity or business association.
Members of agencies, boards, and committees, shall be required to demonstrate
compliance with the city affiliation requirements of subsections (4)a., and b., by
executing an affidavit, in a form prepared by the city clerk's office, stipulating that
they have met either (or both) of the affiliation requirements in subsections (4)a.,
and/or b. Each agency, board, or committee members covered by the
requirements of subsections (4)a. or b. shall file the original affdavit with the city
clerk's office prior to being sworn in as a member.
Exceptions to subsections (4)a. and b. of this section shall only be permifted if it is
determined by the ciry commission that an agency, board or committee requires the
membership of an individual with a specific position, knowledge, experience orexpertise
not available in another individual who may othervvise comply with the terms of
subsections (4)a. and b. of this section.
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(5) All ad hoc agency, board and committee terms shall be one year, all other agency,
board and committee terms shall be two years, expiring on December 31 and
commencing on January 1.
a. Members appointed by individual city commissioners (referred to as "direct
appointees")to a specific agency, board or committee shall serve for no more than
eight consecutive years on such agency, board or committee.
Notwithstanding any other provision of the City Code or of any resolution,
commencing with terms beginning on or after January 1, 2007, the term of every
board member who is directly appointed by a member of the city commission shall
automatically expire upon the latter of: December 31 of the year the appointing city
commissioner leaves office or upon the appointmenUelection of the successor city
commission member.
b. Members appointed by the city commission as a whole (referred to as "at-large
appointees") to any agency, board or committee shall serve for no more than six
years on any agency, board or committee as an at-large appointee. PJeikiR�-sef
Individuals mav be rea000inted to anv at-larae oosition followino the comoletion of
their term without the reouirement of a hiatus However individuals who have
served six vears on a land use board shall be reauired to observe a hiatus of two
years �rior to reaopointment to anv aqenw board or committee FleweveF
P.����^� _..... � �
Term limits set forth in subsections (5)a. and b. of this sec[ion shall be measured
retroactivelyfrom an individual's initial appointment to membership on an agency, board
ar committee.
Exceptions to subsection (5)b. of this section shall only be permitted if it is determined
by the city commission that an agency, board or committee requires the membership of
a registered architect or registered landscape architect who does not othenvise comply
with the terms of subsection (5)b. hereinabove.
(6) An individual member can serve as a chairperson of a specifc agency, board or
committee for no more than four consecutive years.
(7) All agency, board and committee terms shall be staggered upon initial appointment by
the city commission.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, Ihe
remainder shall not be affected by such invalidity.
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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 re-
lettered to accomplish such intention, and the word 'brdinance" may be changed to "section,"
article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the S day of 7_1.�.��_ , 2025.
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PASSED AND ADOPTED this o7S day of 74Ne , 2025.
ATTEST:
JUN 3 3 20�F Steven Meiner, Mayo��
ael . Granado, Cit Clerk -�'�'1 B���'^
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REGIS BARBOU �`; ':,
(sponsored by Commissioner Alex J. Fernandez) ; '..ipcoeP7oAAt[D; -
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ende�line denotes additions '4RCH;zh;;9�
�,;.00�..denotes deletions , ,..
APPROVED AS TO
FORM SLANGUAGE
8 FOft EXECUTION
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Ordinances -R5 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor antl Memhers of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 25, 2025 70:30 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITV
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 7W0-YEAR HIATUS PRIOR TO REAPPOINTMENT
TO ANOTHERAGENCY, BOARD, OR COMMITTEE, EXCEPT FOR MEMBERS OF
LAND USE BOARDS, WHO SHALL CONTINUE TO OBSERVE SUCH HIATUS',
AND PROVIDING FOR REPEALER, SEVERABILIN, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Alex J.
Femandez.
The City of Miami Beach relies heavily on the dedicated service of its residents who
volunteer their time and expertise lo 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 lhe current provisions of Section 2-22 the City Code, aFlarge 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, lhe sponsor seeks to eliminate the mandarory 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(or 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.
FISLAL IMPACT STATEMENT
N/A
Does this Ordinance reauire a Business ImoaM Eslimate7 Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BIE)was published on: BI3l2025
See BIE at: httos://www.miamibeachFl.aov/ciN-hall/citv-clerk/meetina-noticesl
FINANCWL INFORMATION
CONCLUSION
Aoolica6le Area
Citywide
Is this a "Residenta Riaht to Know" item. Is this item related to a G.O. Bond
pursuantto CiN Cotle Section 2-17? Proiect4
No No
Was this Aoenda Item initiallv reauested bv a lobbvist which, as defined in Code Sec. 2d61
includes a orincinal enoaoed in lobbvina? No
If so, specify the name of lobbyist(s)and principal(s):
DeoaAment
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-soonsor(sl
Condensed Tille
10:30 a.m. 2nd Rdg, Eliminate Board Member 2-Vr Hiatus Prior to ReappointmenL (AF) CA
1560
Previous Action (For CiN Clerk Use Onlvl
First Reading Public Heanng on 5/21I2025- R5 Y
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