Ordinance 2025-4766 ORDINANCE NO. 2025-4766
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.
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.
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 2-28 of Chapter 2 of the Miami Beach City Code is hereby created to
state as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE III. AGENCIES, BOARDS AND COMMITTEES
� � �
DIVISION I. GENERALLY
Sec. 2-28. Procedures for the removal of board and committee members.
� Removal of board and committee members bv the Citv Commission.
� Removal of direct appointees. Any member of the Citv Commission who has directly
appointed a qualified individual to a Citv 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 member's term by sendinq
written notice to the City Clerk. The Commission member initiatinq the removal may then
appoint a different individual who meets all applicable qualifications to fill the position.
� Remova/of at-larqe appointees. Anv member appointed bv the Citv Commission ("at-larqe
appointee") as defined in section 2-22(5)(b) of the Code may at any time, with or without
cause, be removed bv a ' six-sevenths (6/7ths) vote of the Citv
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-larqe appointee servinq as a member of a City board or committee mav be removed
unless the board or committee member is first notified in writinq seven days before the
City Commission meetinq at which the request for removal will be heard, and the board or
committee member is given an opportunity to be heard by the Citv Commission in the
member's own defense. The City Commission in its discretion may then proceed to vote
to remove the member. Notwithstandinq the foreaoina. a member of a Citv land use board
(Board of Adiustment. Desian Review Board. Historic Preservation Board. or Plannina
Board) mav not be removed on the basis of the board member's vote on a partic lar
a qlication or matter.
� Automatic removal. Board and committee members shali be subiect to automatic removal by
the City Clerk, and no further action bv the Citv Commission shall be required, under the
specific circumstances set forth in this subsection (2):
� If a member fails to attend the minimum required number of ineetinqs 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
� In the event that the member(i)ceases to be a resident of the Citv, ceases to demonstrate
an ownership interest in a business established in the Citv, or ceases to maintain full-time
emplovment of such a business pursuant to section 2-22(4) of the Code, or (ii) 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
� If the member fails to possess an active professional license requisite to the member's
position; �€
� If the member is charqed with or convicted of a felony or a crime involvinq dishonesty,
fraud, or moral turpitude; or
� If the member abstains from votin� due to conflicts of interest in excess of the maximum
number of permitted abstentions qer calendar vear, if apalicable to that particular board
or committee.
Each board and committee member shall be required to immediately notify the City Clerk in
writinq if anv of the circumstances in subsection (2) apply to the member. If a board or
committee member is removed pursuant to subsection (2), the Citv Clerk shall promptly advise
the City Commission of the vacancv in the board or committee.
� Aaalicabilitv. This Ordinance shall have retroactive effect and shall aqqlv to both current
and future members of City boards and committees.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
2
SECTION 3. SEVERABILITY.
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.
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 ten days following adoption.
PASSED AND ADOPTED this 3 day of �! �rNbc{ , 2025.
Steven Meiner, Mayor
ATTEST:
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Rafael E. Granado, Cit Clerk '
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; �.l!lCORP ORATED: -
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(Sponsored by Commissioner David Suarez) �'�-�~��...�-._����':�
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Co-Sponsored by Commissioner Alex J. Fernandez APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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City Attorney �� Date
Underline denotes additions
c+r;�o_+h.,,,,,.h denotes deletions
Double underline denotes additions after First Reading
denotes deletions after First Reading
3
Ordinances - R5 D
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 3, 2025 9:35 a.m. Second 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 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.
BACKGROUND/HISTORY
The attached Ordinance is presented by the sponsor, Commissioner David Suarez, for
consideration by the Mayor and City Commission at Second Reading / Public Hearing. At First
Reading on July 23, 2025, the Ordinance was amended to require a 6/7ths vote of the City
Commission to remove an at-large appointee, and to provide that a member of a land use board
cannot be removed on the basis of the board member's vote on a particular application or matter.
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.
The purpose of this Ordinance is to create a uniform procedure for the removal of inembers 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).
Under the following circumstances, the Ordinance provides for the automatic removal of a board
or committee member:
1. If the member fails to attend the minimum required number of ineetings applicable to that
particular board. (This is an existing requirement of the Code, and is merely included in
this Ordinance as a cross-reference);
2. If the member no Ionger satisfies the City a�liation requirement (e.g., residency,
ownership in a business, or employment by a business located in Miami Beach);
3. If the member fails to possess an active professional license requisite to the member's
position; or
4. If the member is charged with or convicted of a felony or crime involving dishonesty, fraud,
or moral turpitude.
5. Following First Reading, the Ordinance has been revised to reflect that, under existing
code provisions, a member is subject to automate removal if the member abstains from
voting due to conflicts of interest in excess of the maximum number of permitted
abstentions per calendar year, if applicable to that particular board or committee.
859 of 1750
This Ordinance shall have retroactive effect and shail apply to both current and future members
of City Boards and Committees.
FISCAL IMPACT STATEMENT
This Ordinance is not anticipated to have a fiscai impact on the City's resources.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 8/19/2025
See BIE at: https://www.miamibeachfl.qov/city-ha�l/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
�ursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initially requested bv a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
9:35 a.m. 2nd Rdg, Removal of Board or Committee Members. (Suarez) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 7/23/2025 - R5 U
860 of 1750