R5A-Rules Regarding Public Participation In City Meetingsa
-OFFICE
A,^,iA,MlBEACH
OF THE CITY ATTOR,NEY
RAUI AGUIIA, CITY ATTOR,NEY COMMISSION MEMORANDUM
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L, MORALES, CITY MANAGER
FROM:RAUL AGUTLA, crw ArroR-$.{ft; f*
DATE: MAY 21,2014
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION,'' BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING
SECTION 2-1, TO BE ENTITLED "REASONABLE OPPORTUNIW TOBE HEARD," TO PROVIDE RULES REGARDING PUBLIC
PARTICIPATION IN CITY MEETINGS.
During the 2013 Florida Legislative Session, Senate Bill No.50 passed which
became effective October 1,2013. The new law created Section 286.0114 of the
Florida Statutes and requires that members of the public be given a reasonable
opportunity to be heard by a board or commission before it takes action on a
proposition. The new law also provides that if rules or policies are adopted in
compliance with the new statutory provisions, and if such rules are followed when
providing an opportunity for members of the public to be heard, a board or commission
is deemed to be acting in compliance with the new law. While the City of Miami Beach
provides many opportunities for the public to be heard at public meetings, the attached
Ordinance codifies City policies and rules in the City Code with regard to public
participation.
This matterwas referred by the City Commission at the October 16, 2013 City
Commission meeting to the Neighborhood/Community Affairs Committee for its
consideration and review of the City's existing policies and procedures. The
Neighborhood/Community Affairs Committee considered the attached Ordinance at its
meeting on February 28, 2014 and passed a motion to send the Ordinance to the City
Commission for approval.
The Ordinance was submitted and passed on First Reading at the April 23,2014
City Commission meeting, and is submitted for adoption on Second Reading.
RAJDT/sc
SECOND READING
PUBLIC HEARING
Agenda ltem
DateF:\ATTO\TURN\COMMMEMO\Amending Chapter 2 - Resonable Opportunity to Be Heard May 21 2014.docx
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA" AMENDING CHAPTER 2 OF THE
CODE OF THE CIry OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL,'' BY CREATING SECTION 2.1, TO BE ENTITLED..REASONABLE OPPORTUNITY TO BE HEARD,'' TO PROVIDE
RULES REGARDING PUBLIC PARTICIPATION !N GITY MEETINGS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, during the 2013 Legislative Session, the Florida Legislature adopted Senate
Bill 50 which created Section 286.0114 of the Florida Statues establishing requirements for
rules or policies adopted by State or local boards and commissions with regard to the public
being given a reasonable opportunity to be heard by such boards before official action is taken
on a proposition; and
WHEREAS, the Miami Beach City Charter's Bill of Rights provides for a right to be heard
before the City Commission or any City agency, board or department with regard to the
presentation of an issue, request, or controversy within the jurisdiction of the City; and
WHEREAS, in conformance with established City policy and procedures for reasonable
opportunities to be heard by the public, and the new provisions in Section 286.01 14 of the
Florida Statutes, the following amendments to Chapter 2 of the City Code are deemed to be in
the best interests of the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SEGTION 1.
That Chapter 2, Section 2-'1 of the Miami Beach City Code is hereby amended as follows:
Ghapter 2
ADMINISTRATION
ARTICLE I. IN GENERAL
Sec. 2-1. R+serye4 Reasonable opportunitv to be heard.
(a) Members of the public shall be qiven a reasonable opportunitv to be heard and to
provide public comment on a proposition before the Citv Commission and anv
Citv aqencv. board. or committee. All references in this section to "board" shall
aoolv to the Citv Commission and all Cifu aoencies. boards, and committees
provided for in this Code or created bv a resolution of the Citv Commission. The
oooortunity to be heard need not occur at the same meetinq at which the board
takes official action on the oroposition if the opportunitv occurs at a meetinq that
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is during the decislon-makinq process and is within reasonable proximitv in time
before the meetino at which the board takes official action. This section does not
orohibit the board from maintaininq orderly conduct or proper decorum in a public
meetino. The opportunitv to be heard is subiect to the restrictions of this section.
(b) The requirements of this section do not apolv to:
(1) An official act that must be taken to deal with an emergencv situation
affectino the public health. welfare. or safetv. if compliance with the
requirements would cause an unreasonable delav in the abilitv of the
board to act:
(2) An official act involving no more than a ministerial act. including. but not
limited to. aporoval of minutes and ceremonial oroclamations:
(3) A meetinq that is exemot from Florida's Government in the Sunshine Law:
or
(4) A meetinq durino which the Board is actinq in a quasi-iudicial capacity.
This paraoraoh does not affect the riqht of a person to be heard as
otheruise orovided bv law. The oortion of a meetinq durinq which the
board is actino in a ouasi-iudicial capacitv shall be conducted in
accordance with sections 2-51 1 throuoh 2-513 of the Citv Code.
(c) The Citv Clerk. or the liaison or secretarv to anv Citv agencv. board, or
committee. is herebv authorized to provide a form to anv individual who desires
to be heard in order to inform the board of the prooosition on which an individual
wishes to speak and to indicate his or her suooort. opoosition. or neutralitv on a
proposition: and to indicate his or her desionation of a representative. if anv. to
speak for him or her. or his or her oroup. on a proposition.
(d) An individual speaker's time to orovide oublic comment shall be limited to three
(3) minutes: however. bv a maioritv vote of the board's membershio. the board
mav provide additional time for further public comment on anv orooosition.
(e) When a larqe number of individuals wish to be heard on a oroposition, the Mavor,
or board Chairperson. mav reouest that a representative of the oroup or faction
speak on behalf of said orouo or faction. rather than all members of such orouo
or faction. ln such event. the representative shall be limited to five (5) minutes to
speak; however, bv a maioritv vote of the board's membership. the board mav
provide additional time to speak.
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(fl lf an ordinance fails on first readino before the Citv Commission oursuant to a
vote or inaction, the reasonable opportunitv to be heard shall be deemed to have
occurred at a Commission Committee meetino where the ordinance was on the
aqenda and an opportunitv to be heard on the ordinance was provided. or durinq
the Dr. Stanlev Sutnick Citizen's Forum held durino the same City Commission
meeting when the ordinance is on the aoenda for first readinq. ln addition, the
sponsor of the ordinance mav request that another oooortunitv to be heard be
provided orior to, or after. the Commission's discussion or vote on the ordinance
during first readinq.
Sec.s 2-2 - 2-10. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION3. SEVERABILIW.
lf 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 validlty 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
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accompllsh 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 2014.
PASSED and ADOPTED this
ATTEST:
day of 2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
S+i*e+nreugn d e notes de letions
F:\ATTO\TURN\ORDINANC\Reasonable Opportunity to Be Heard.docx
APPROVEDASTO
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