BIE - REMOVAL OF BOARD OR COMMITTEE MEMBERS (8/19/2025)Mayor Steven Meiner and Members of the City CommissionTO:
Eric Carpenter,City ManagerFROM:
MEETING DATE:September 3,2025
BUSINESS IMPACT ESTIMATESUBJECT:
Is a Business Impact Estimate Required?
El Yes No (If no,please check one of the boxes below)
d.
e.
Private applications for comprehensive plan amendments and land development
regulation amendments;
Development orders,development permits,and development agreements;
Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
Section 553.73,Florida Statutes,relating to the Florida Building Code;or
Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
b.
c.
MIAMI BEACH
City of Miami Beach,1 700 Convention Center Drive.Miami Beach,Florida 33139,www.miamibeochfl.gov
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.
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 CREATING
SECTION 2-28,ENTITLED “PROCEDURE FOR THE REMOVAL OF
BOARD AND COMMITTEE MEMBERS,”TO ESTABLISH A
PROCEDURE FOR THE REMOVAL OF A BOARD OR COMMITTEE
MEMBER;AND PROVIDING FOR REPEALER,CODIFICATION,
SEVERABILITY,AND AN EFFECTIVE DATE.
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4.Additional comments:None.
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.
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.
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.
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.
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Ordinances -R5 U
MIAMIBEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
11:00 a.m.First Reading Public HearingDATE:July 23,2025
TITLE:
BACKGROUND/HISTORY
The attached Ordinance is presented by the sponsor,Commissioner David Suarez,for
consideration by the Mayor and City Commission at First Reading.
The purpose of this Ordinance is to create a uniform procedure for the removal of members of
City boards and committees.The Ordinance establishes provisions both for the removal of direct
appointees (i.e.individuals who are directly appointed by the Mayor or a member of the City
Commission to a board or committee)and at-large appointees (i.e.individuals appointed by the
City Commission as a whole).
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 CREATING SECTION
2-28,ENTITLED PROCEDURE FOR THE REMOVAL OF BOARD AND
COMMITTEE MEMBERS,"TO ESTABLISH A PROCEDURE FOR THE REMOVAL
OF A BOARD OR COMMITTEE MEMBER;AND PROVIDING FOR REPEALER,
CODIFICATION,SEVERABILITY,AND AN EFFECTIVE DATE.
ANALYSIS
On July 2.1997,the City Commission enacted Ordinance No.97-3086.which is codified at
Sections 2-21 through 2-26 of the Code of the City of Miami Beach,Florida (the “Code”),as
amended,to establish standards for the creation of City boards and committees and the
appointment of qualified individuals thereto.
2.If the member no longer satisfies the City affiliation requirement (e.g..residency,
ownership in a business,or employment by a business located in Miami Beach);
Under the following circumstances,the Ordinance provides for the automatic removal of a board
or committee member:
4.If the member is charged with or convicted of a felony or crime involving dishonesty,fraud,
or moral turpitude.
1 .If the member fails to attend the minimum required number of meetings applicable to that
particular board.(This is an existing requirement of the Code,and is merely included in
this Ordinance as a cross-reference);
3.If the member fails to possess an active professional license requisite to the member's
position;or
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FISCAL IMPACT STATEMENT
This Ordinance is not anticipated to have a fiscal impact on the City’s resources.
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
NoNo
If so.specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
1 1:00 a.m.1st Rdg PH,Removal of Board or Committee Members.(Suarez)CA
Previous Action (For City Clerk Use Only)
If applicable,the Business Impact Estimate (B1E)was published on:06/11/2025
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/iTieetinq-notices/
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
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?
Does this Ordinance reguire a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
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ORDINANCE NO.
ARTICLE III.AGENCIES,BOARDS AND COMMITTEES
DIVISION I.GENERALLY
Sec.2-28.Procedures for the removal of board and committee members.
WHEREAS on July 2.1997,the City Commission enacted Ordinance No.97-3086,which
is codified at Sections 2-21 through 2-26 of the Code of the City of Miami Beach,Florida (the
Code"),as amended,to establish standards for the creation of City boards and committees and
the appointment of qualified individuals thereto;and
WHEREAS,it is in the best interest of the City of Miami Beach (the City")to ensure that
City boards and committees are fulfilling their purpose pursuant to Section 2-22(1)of the Code,
and
WHEREAS,public confidence in the integrity of board and committee members is
essential to the City's governance and transparency goals;and
WHEREAS,the Mayor and City Commission desire to amend Chapter 2.Article III of the
Code to establish a procedure for the removal of a board or committee member
SECTION 1.That Section 2-28 of Chapter 2 of the Miami Beach City Code is hereby created to
state as follows:
CHAPTER 2
ADMINISTRATION
NOW,THEREFORE.BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
(1)Removal of board and committee members by the City Commission.
(a)Removal of direct appointees Any member of the City Commission who has directly
appointed a qualified individual to a City board or committee (direct appointee")as defined
in section 2-22(5)(a)of the Code may at any time,with or without cause,remove said
board or committee member prior to the expiration of the members term by sending
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 CREATING SECTION
2-28,ENTITLED “PROCEDURE FOR THE REMOVAL OF BOARD AND
COMMITTEE MEMBERS,”TO ESTABLISH A PROCEDURE FOR THE
REMOVAL OF A BOARD OR COMMITTEE MEMBER;AND PROVIDING
FOR REPEALER,CODIFICATION,SEVERABILITY,AND AN
EFFECTIVE DATE.
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SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
2
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
written notice to the City Clerk.The Commission member initiating the removal may then
appoint a different individual who meets all applicable qualifications to fill the position
(b)Removal of at-large appointees.Any member appointed by the City Commission cat-large
appointee")as defined in section 2-22(5)(b)of the Code may at any time,with or without
cause,be removed by a five-sevenths (5/7ths)vote of the City Commission prior to the
expiration of the member's term.Any Commission member may request that the City
Commission remove the board or committee member
No at-large appointee serving as a memoer of a City board or committee may be removed
unless the board or committee member is first notified in writing seven days before the
City Commission meeting at which the request for removal will be heard,and the board or
committee member is given an opportunity to be heard by the City Commission in the
member's own defense The City Commission in its discretion may then proceed to vote
to remove the member
(2)Automatic removal.Board and committee members shall be subject to automatic removal by
the City Clerk,and no further action by the City Commission shall be required,under the
specific circumstances set forth in this subsection (2):
(a)If a member fails to attend the minimum required number of meetings pursuant to (i)
section 2-22 of this Code,or (ii)if applicable to a particular board or committee,any other
attendance requirement established by resolution ordinance,or other applicable law,or
lb)In the event that the member (i)ceases to be a resident of the City,ceases to demonstrate
an ownership interest in a business established in the City,or ceases to maintain full-time
employment of such a business pursuant to section 2-22(4)of the Code,or (u)ceases to
comply with any other residency or business affiliation requirement applicable to a specific
board or committee pursuant to a resolution,ordinance,or other applicable law,or
(c)If the member fails to possess an active professional license requisite to the member s
position;or
(d)If the member is charged with or convicted of a felony or a crime involving dishonesty,
fraud,or moral turpitude.
Each board ano committee member shall be required to immediately notify the City Clerk m
writing if any of the circumstances in subsection (2)apply to the member If a board or
committee member is removed pursuant to subsection (2 j,the City Clerk shall promptly advise
the City Commission of the vacancy in the board or committee
SECTION 3.SEVERABILITY.
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SECTION 4.CODIFICATION
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption
day of 2025PASSEDANDADOPTEDthis
Steven Meiner.Mayor
ATTEST:
Rafael E Granado.City Clerk
(Sponsored by Commissioner David Suarez)
3
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
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.
Date
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
.City Attorney
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