R5I-Rules Regarding Public Participation In City Meetingsa
-OFFICE
AdiAMIBEACH
OF THE CITY ATTORNEY
TO:
RAUI J. AGUILA, CITY AITORNEY
HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, GITY MANAGER
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
RAUL J. AGUILA, clTY ATToRr.rev'(J-QWifl
RAFAEL E. GRANADO, C|TY CLERK rrat
JUNE 1I,2014
AN ORDINANCE AMENDING GHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "ADMINISTRATION," By AMENDING ARTICLE t,
ENTITLED "IN GENER^AL," BY GREATING SECTION 2-1,TO BE ENTITLED
"REASONABLE OPPORTUNITY TO BE 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 lawcreated 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 proposltion. 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. Whlle 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 matter was 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 passed on First Reading at the April 23, 2014 City Commission
meeting, and was submitted for adoption on Second Reading at the May 21 , 2014 Commission
meeting. ln order to address public comments received at Second Reading, another Second
Reading Public Hearing was scheduled for the June 11, 2014 City Commission meeting.
Additional, non-material revisions and clarifications are proposed to Sections 2-1(d) and (e) to
define a large group as more than five (5) indlviduals; to confirm that the Chair of a meeting may
provide additional time to speak, in addltion to a majority vote of the board; and, that equal time
may be afforded to speakers for and against a proposition.
The Ordinance is submitted for approval on Second Reading/Public Hearing. ln
addition, a motion approving the recommendation of the Neighborhood/Community Affairs
Committee is requested. As this Ordinance primarily codifies exiting procedures for public
pa(icipation, no fiscal impact will result from its adoption.
RJtuDT/sc
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Agenda ltem RS !
oate L'l l'lL/409
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND GIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF THE GITY OF MIAMI BEACH, ENTITLED.,ADMINISTRATION,'' BY AMENDING ARTICLE I, ENTITLED .,IN
GENERAL," BY CREAT]NG SECTION 2-1, TO BE ENTITLED,.REASONABLE OPPORTUNITY TO BE HEARD," TO PROVIDE
RULES REGARDING PUBLIC PARTICIPATION IN 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 286.0114 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 CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION {.
That Chapter 2, Section 2-1 of the Miami Beach City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
ARTICLE I. IN GENEML
410
Sec. 2-1. Re€€n €+ 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 prooosition before the Citv Commission and anv
Citv aqencv, board, or committee. All references in this section to "board" shall
applv to the Citv Commission and all Citv aqencies. boards. and committees
provided for in this Code or created bv a resolution of the Citv Commission. The
opportunitv to be heard need not occur at the same meetinq at which the board
takes official action on the prooosition if the opoortunitv occurs at a meetino that
is durino the decision-makinq process and is within reasonable proximitv in time
before the meetinq at which the board takes official action. This section does not
orohlbit the board from maintaininq orderlv conduct or proper decorum in a public
meetinq. The opoortunitv to be heard is subiect to the restrictions of this section.
(b) The reouirements of this section do not aoplv to:
(1) An official act that must be taken to deal with an emerqencv situation
affectinq the oublic 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 involvinq no more than a ministerial act, includinq, but not
limited to. approval of minutes and ceremonial proclamations:
(3) A meetinq that is exempt from Florida's Government in the Sunshine Law;
or
(4) A meetinq durinq which the Board is actinq in a quasi-iudicial capacitv.
This paraoraph does not affect the rioht of a person to be heard as
otherwise provided bv law. The portion of a meetinq durlnq which the
board is actlnq in a quasi-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 secretary to anv Citv aqencv, 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 oroposition on which an individual
wishes to speak and to lndicate his or her support, opposition, or neutralitv on a
411
proposition: and to indicate his or her desiqnation of a representative, if anv, to
speak for him or her, or his or her qroup, on a proposition.
(d) An individual speaker's time to provide public comment shall be limited to three
(3) minutes; however. additional time for further oublic comment on anv
proposition mav be orovided bv the Mavor or board Chairoerson or bv a maioritv
vote of the board e membership, the b ffi
publie Gemment en a
(e) When @ more than five (5) individuals wish to be
heard on a proposition. the Mavor. or board Chairperson, mav request that a
reoresentative of the qroup or faction speak on behalf of said qroup or faction,
rather than all members of such qroup or faction. ln such event. the
representative shall be limited to five (5) minutes to speak, however, additional
time to soeak mav be provided bv the Mavor or board Chairoerson or bv a
maioritv vote of the board ime
se€peak.
(fl lf determined reasonable bv the Mavor or board chairoerson. or bv a maioritv vote
of the board, an equitable amount of time mav be allotted for public comment in
favor of and aqainst a proposition.
(!g) lf an ordinance fails on first readinq before the Citv Commission pursuant to a
vote or inaction, the reasonable opportunitv to be heard shall be deemed to have
occurred at a Commission Committee meetinq where the ordinance was on the
aqenda and an opportunitv to be heard on the ordinance was provided. or durino
the Dr. Stanlev Sutnick Citizen's Forum held durinq the same Citv Commission
meetinq when the ordinance is on the aqenda for first readinq. ln addition, the
soonsor of the ordinance mav reouest that another opportunitv to be heard be
provided prior to, or after. the Commission's discussion or vote on the ordinance
durinq first readino.
Secs. 2-42 - 2-1O. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
412
SECT!ON 3. SEVERABILITY.
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 validity 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 accomplish 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
PASSED and ADOPTED this _ day of
ATTEST:
2014.
2014.
PHILIP LEVINE, MAYOR
MFAEL E. GMNADO; CITY CLERK
Underline denotes additions
S+ke+n+eugh denotes deletions APPHOVEDASTO
FORM & LANGUAGE
& FOR EXECUTION
eJ-C.t-L-e-ft
CityAttorney
lr,/ Date
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413
MIAMI HERALD i MiamiHer,tld.comNE THURSDAY, f4AY 29,2014 | flNEMIAMIBEACHCIry OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSrlorida. on wodnqday, Juno 11,2014, to considerthe tolowing:'lO:05 a.m.Date. ttlquries rnay be directed tothe City A aney,s O iceat 3A5-673-7470_1O:10 a.m.may be diected to the City A\unov s Officeat 305 673-7470.1O:15 a.m.Codificaiion And Ar Eflecrive Oa\e.lnquinss may be dnected to the pknntlg Dbpadment at 3OS 6t3 6sa10:20 a.m.10:25 a.m.Sev6rabililyl And An Eft€crlve Date. /nqrri6s may be dnected to the Pknnitrg Dcrtanment at 3At6tA-755A_1O:30 a.m,Severabilityi And An Eflecti't, Da\e. lnqDiries may be diected to the plannjng Depannent at 3AS-6/3-t550_Severabilityi And An Eflectiye Dale. lnquties may be dirccted to the Ptanning Oepannent at 3as-6tg .SSO_1O:40 a.m.305-673-/514.11:'10 a.m.mmiinq, orany item herein, may be€onilnued, and undersuch c rcLrmstafces, addit onatlegatnotice need nor be pDvide.t.admission ol othe^viss ina.inrissible or nrelevant evidence, nor does ii author?6 challsnq€s or appeals noi olhe s€ allowed by law.preise cofltact !s I ve diyi in advaf'ie a1 305 673-7411(voi.e) or TTY users may also callthe Floida Relay Servico al 711.aalael E. GEnado, City clerkCity o, M ami Beach414