20161019 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERTAL 1 (1 0t17 t20161
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
October 19,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Com missioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5 AC 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 VII, ENTITLED "STANDARDS OF
CONDUCT," BY AMENDING DIVISION 2, ENTITLED "OFFICERS, EMPLOYEES AND AGENCY
MEMBERS,' BYAMENDING SECTION 2.458, ENTITLED "SUPPLEMENTAL ABSTENTION AND
DISCLOSURE REQUIREMENTS," TO PROVIDE ADDITIONAL DISCLOSURE REQU IREMENTS
FOR PUBLIC OFFICERS RELATING TO PERSONAL RELATIONSHIPS WITH PERSONS
DIRECTLY BENEFITED BY A VOTE OF THE AGENCY ON WHICH THE PUBLIC OFFICER
SERVES, AND CLARIFYING EXISTING PROVISIONS THEREIN; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Office of the City Attorney
Commissioner John Elizabeth Aleman
Supplemental updated on 10117 12016
(Additional lnformation & Revised Ordinance)
First Reading
1
Supplemental 1, October'19, 2016
R5 AD 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,'' BYAMENDING ARTICLE VI, ENTITLED "PROCUREMENT,'' BYAMENDING
DIVISION 6, SECTIONS2-411 THRU 2-425, ENTITLED'RESERVED,'' BYCREATING DIVISION 7,
TO BE ENTITLED ''SURVEILLANCE TECHNOLOGY CONTRACT PROCEDURES,'' AND BY
ESTABLISHING NEW SECTIONS 2-411 THRU 2-415 THEREOF, TO BE ENTITLED
'DEFINITIONS; CITY COMMISSION APPROVAL REQUIRED; OLD TECHNOLOGIES TO BE
APPROVED; ANNUAL SURVEILLANCE REPORT; AND PENALTY FOR VIOLATIONS.'; WHICH
SETS FORTH THE PURPOSE, OBLIGATIONS AND RESPONSIBILITIES SURROUNDING THE
UTILIZATION OF SURVEILLANCE TECHNOLOGY THROUGHOUT THE CITY OF MIAMI BEACH;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 1 0/1 7 12016
(Memorandum & Ordinance)
2
Agenda rtern Rf, AC
9a1s t0-ttl-lL
City of Miami B€ach, lTOO Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: JOHN ELIZABETH ALEMAN
CITY COMMISSIONER
CG:
MIAMIBEACH
FROM:
DATE:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JTMMY L. MORALES, CITY MANAGER Ia)n /\ t
RAUL AGUILA, crry ArroRNEjlaL.t-i )
ocToBER 19,2016
SUBJECT: AMENDED ORDINANCE REGARDING DISCLOSURE OF PERSONAL
RELATIONSHIPS
After reviewing emails and on-line postings regarding the inclusion of the term "sexual"
in the definition of "personal relationship," it's apparent that this term has caused
concern among some individuals, specifically as to what type of disclosure would be
required with regard to same.
Since my job as City Attorney is to ensure that any legislation considered by the City
Commission be legally sufficient, the definition of the term "personal relationship" was
based upon analysis in case law from the Supreme Court of Nevada, which withstood
U.S. Supreme Court scrutiny, as well as ethics opinions and other similar legislation.
I take FULL RESPONSIBILIry for the drafting of this Ordinance and the inclusion of the
word "sexual." At the time I drafted the Ordinance, I did not anticipate the confusion
subsequently caused by the inclusion of the word in the definition of "personal
relationship."
ln retrospect, I apologize that my drafting of the Ordinance has portrayed your proposed
legislation in an unfair light. I also think that the inclusion of that particular term has
caused the overall intent of the Ordinance to be misconstrued. When you asked me to
commence researching this Ordinance this past Summer, I know that you simply wanted
a neutral disclosure requirement (i.e., simply requiring disclosure of a personal
relationship, without any explicit detail, and which would not preclude an elected official
from participating in, discussing, and/or voting on a matter; absent a legal conflict of
interest).
I believe that the attached revised Ordinance, removing the word "sexual" from the
definition of "personal relationship," better clarifies your intent. I would request that this
version, rather than the prior version, be placed on the Commission Agenda.
3
ORDINANCE NO.
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 VII, ENTITLED "STANDARDS OF GONDUCT,"
BY AMENDING DIVISION 2, ENTITLED "OFFICERS, EMPLOYEES AND
AGENCY MEMBERS," BY AMENDING SECTION 2458, ENTITLED..SUPPLEMENTAL ABSTENTION AND DISCLOSURE REQUIREMENTS,"
TO PROVIDE ADDITIONAL DISCLOSURE REQUIREMENTS FOR
PUBLIC OFFICERS RELATING TO PERSONAL RELATIONSHIPS WITH
PERSONS DIRECTLY BENEFITED BY A VOTE OF THE AGENCY ON
WHICH THE PUBLIC OFFICER SERVES, AND CLARIFYING EXISTING
PROVISIONS THEREIN; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach City Commission is committed to the principles of
integrity, transparency, and adherence to the highest ethical standards in government.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That section 2-458 of Division 2 of Article Vll of Chapter 2 of the Code of the
Cifi of Miami Beach is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
Article Vll. Standards of Conduct
Division 2. Officers, ,1,0,.y"""
"nO
Agency Members
Sec. 2-458. - Supplemental abstention and disclosure requirements.
In addition to those conflict of interest abstention and disclosure requirements currently
required by state and/or county law, the following requirements shall also apply to public
officers:
(al Confl icting relationshrps-
(1) A public officer with a conflict of interest on a particular matter is prohibited from
participating in that matter and shall further absent himself from the Agency
meeting on which he serves during its discussion of the subject item.
"Participation" means any attempt to influence the decision by oral or written
communication, whether made by the officer or at the officer's direction.
4
(2) Written disclosures of conflict of interest shall contain the full nature of the conflict
at issue, including, but not limited to, names of individuals whose relationship
with the officer results in the subject conflict, and all material facts relevant to the
conflict issue. The written memorandum disclosing conflict of interest shall be
stated into the record before any discussion begins on the subject agenda item.
This written disclosure memorandum must be filed regardless of whether the
officer possessing the conflict was in attendance or not at the subject Agency
meeting.
(b) Other relationships requiring disclosure. ln those instances involving neither a legal
conflict or declared appearance of conflict, each public officer shall. before anv
discussion beqins on the subject aqenda item, further disclose by written disclosure
memorandum and public announcement the existence of.
fl) any family and/or business relationship of which the public officer is aware, with
any person or business entity who is directly benefited by the subject vote of the
agency on which the public officer serves.
(Q any personal relationship with anv person who is directly benefited bv the subiect
vote of the agency on which the public officer serves.
This written disclosure memorandum must be filed regardless of whether the subject
public officer was in attendance or not during consideration of the subject aqenda
item.
(c) {Duration of requirements.fThe disclosure requirements set forth in subsections (a)
(2) and (b) above shall have continuing applicability for a period of up to 18 months
after the subject relationship has ended.
(d) Definitions. As used in this section, the following definitions shall apply:
Agency shall mean any board, commission, committee or authority of the city,
whether advisory, ad hoc or standing in nature.
Business relationship (for purposes of subsection (b) above) shall mean the situation
in which a public officer has a relationship with a person or business entity wherein:
(1) The person/business entity is a customer of the public officer (or of his/her
employer) and transacts more than $10,000.00 of the business of the public
officer (or of his/her employer) in the 12-month period immediately preceding
the subject vote; or
(2) The public officer is a customer of the person/business entity and transacts
more than $10,000.00 of the business of the person/business entity in the 12-
month period immediately preceding the subject vote.
(3) The $10,000.00 threshold referenced hereinabove shall be adjusted annually
to reflect increases in the Consumer Price Index.
Family shall mean the spouse, domestic partner, parents, stepparents, in-laws,
children, and stepchildren of the public officer.
Personal Re/afionshrb shall mean a close personal relationship such as a lonq-term
friendship. or a datinq--€osa+ or romantic relationship, that would cause a
reasonable person to conclude that the public officer is likely to act or fail to act as a
5
relationship. or which appears to a reasonable person as inappropriate in the context
of the proper discharge of the public official's duties in the public interest and qives
an appearance of imoroprietv.
Public officer includes any person presently serving who has been elected or
appointed to hold office in any agency.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
sEcTroN 4. coDtFtcATtoN.
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
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article,"
or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of ,2016.
PASSED AND ADOPTED this __ day of 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
Underline denotes additions
Stri*et+rcugh denotes deletions
APPROVED AS TO
(Sponsored by Commissioner John Elizabeth Aleman)
F:\ATTO\TURN\ORDINANCE\Amending Chapter 2-Disclosure Requirements.docx
6
Ordinances - R5 AD
COMMISS ION ME II'IORAN D U M
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
October 19,2016
MIAMI BEACH
TO:
FROM:
DATE:
First Reading
SUBJECT: 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,'' BYAMENDING ARTICLE VI,
ENTITLED ''PROCUREMENT," BY AMENDING DIVISION 6, SECTIONS 2411
THRU 2425, ENTITLED "RESERVED," BY CREATING DIVISION 7, TO BE
ENTITLED "SURVEILLANCE TECHNOLOGY CONTRACT PROCEDURES,' AND
BY ESTABLISHING NEW SECTIONS 2411 THRU 2415 THEREOF, TO BE
ENTITLED 'DEFINITIONS; CITY COMMISSION APPROVAL REQUIRED; OLD
TECHNOLOGIES TO BE APPROVED; ANNUAL SURVEILLANCE REPORT;AND
PENALTY FOR VIOLATIONS"; WHICH SETS FORTH THE PURPOSE,
OBLIGATIONS AND RESPONSIBILITIES SURROUNDING THE UTILIZATION OF
SURVEILLANCE TECHNOLOGY THROUGHOUT THE CITY OF MIAMI BEACH;
PROV|D|NG FOR REPEALER, SEVERABtLtry COD|F|CAT|ON, AND AN
EFFECTIVE DATE.
ANALYSIS
The City Commission finds it is essentialto have an informed public debate as early as possible
about decisions related to surueillance technology and that no decisions relating to surveillance
technology should occur without strong consideration being given to the impact such
technologies may have on civil rights and civil liberties, including those rights guaranteed by the
First, Fourth, and FourteenthAmendments to the United States Constitution.
The City Commission finds that, while surveillance technology may threaten the privacy of all
citizens, throughout history surveillance efforts have been used to intimidate and oppress
certain communities and groups more than others, including those that are defined by a
common race, ethnicity, religion, national origin, income level, sexual orientation, or political
perspective.
The City Commission finds that any and all decisions regarding if and how surueillance
technologies should be funded, acquired, or used should include meaningful public input and
that public opinion should be given significant weight.
The City Commission finds that legally enforceable safeguards, including robust transparency,
Page 1 104 of 1670
7
oversight, and accountability measures, must be in place to protect civil rights and civil liberties
before any surveillance technology is deployed.
The City Commission finds that the full cost of a surveillance technology should be considered
and made publically available to analpe wlrether its financial benefits outweigh its costs and
whether an expenditure on such a technology is in the best interest of the City.
Leoislative Trackino
Office of the CityAttorney
Sponsor
Commissioner Michael Grieco
AfiAGHMENTS:
Description
o Ordinance
Page 1105 of 1670
8
ORDINANCE NO.
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 AMENDTNG ARTICLE Vt, ENTTTLED
"PROCUREMENT," BY AMENDTNG DtVtStON 6, SECTTONS 2411
THRU 2.425, ENTITLED "RESERVED," BYCREATING DIVISION 7,TOBE ENTITLED "SURVEILLANGE TEGHNOLOGY CONTRACT
PROCEDURES," AND BY ESTABLISHING NEW SEGTIONS 2411
THRU 2-415 THEREOF, TO BE ENTITLED "DEFINITIONS; CITY
COMMISSION APPROVAL REQUIRED; OLD TEGHNOLOGIES TO BE
APPROVED; ANNUAL SURVEILLANCE REPORT; AND PENALTY
FOR VIOLATIONS"; WHICH SETS FORTH THE PURPOSE,
OBLIGATIONS AND RESPONSIBILITIES SURROUNDING THE
UTILIZATION OF SURVEILLANGE TECHNOLOGY THROUGHOUT
THE clTY OF MIAMI BEACH; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTTVE DATE.
WHEREAS, the City Commission finds it is essential to have an informed public debate
as early as possible about decisions related to surveillance technology and that no decisions
relating to surveillance technology should occur without strong consideration being given to the
impact such technologies may have on civil rights and civil liberties, including those rights
guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution;
and
WHEREAS, the City Commission finds that, while surveillance technology may threaten
the privacy of all citizens, throughout history, surveillance efforts have been used to intimidate
and oppress cerlain communities and groups more than others, including those thai are defined
by a comrnon race, ethnicity, religion, national origin, income level, sexual orientation, or
political perspective; and
WHEREAS, the City Commission finds that any and all decisions regarding if and how
surveillance technologies should be funded, acquired, or used should include meaningful public
input and that public opinion should be given signifioant weight; and
WHEREAS, the City Commission finds that legally enforceable safeguards, including
robust transparency, oversight, and accountability measures, must be in place to protect civil
rights and civil liberties before any surveillance technology is deployed; and
WHEREAS, the City Commission finds that the full cost of a surveillance technology
should be considered and made publically available to analyze whether its financial benefits
outweigh its costs and whether an expenditure on such a technology is in the best interest of the
City; and
WHEREAS, the City Commission finds that, if a surveillance technology is approved,
data reporting measures must be adopted that empower the City Commission and public to
verify that mandated civil rights and civil liberties safeguards have been strictly adhered to.
I
Page 1 106 of 1670
9
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
oF THE C|TY OF MtAMt BEACH, FLORIDA, AS FOLLOWS:
SECTION l. That Division 6 of Article Vl of Chapter 2 of the Code of the City of Miami Beach,
Florida, is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
Articte
", .
rlliREMENr
Division 6. LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND GITY
EMPLOYEES
.
SECTION 2. That Division 7 o'f Article Vl of Chapter 2 of the Code of the City of Miami Beach,
Florida, is hereby created, and to be entitled "Surveillance Technology Contract Procedures,"
with new Sections 2-411 through 2-415, as follows:
CHAPTER 2
ADMINISTRATION
Article t,
.
tlt..rREM ENr
Division 7. Surveillance Technoloqv Contract Procedures
Section 2-41 {. Definitions.
For the purposes of this Ordinance:
Ihe Crfy shall mean the City government of the Citv of Miami Beach. and any aoencv.
department, division or unit of the Citv.,
Suryefllance dafa shall mean any electronic data collected, captured. recorded, retained.
processed. intercepted, analyzed, or shared bv surveillance technoloqv.
Surverl,/ance fechnoloqy shall mean any electronic surveillance device. hardware, or software
that is capable of collectins, captprinq, regordino, retainino, processino, interceptino, analyzino..
monitorinq, or sharins audio, visual, diqital, location, thermal, biometric, or similar informatiorl or
communications specificallv associated with, or capable of beinq associated with. anLspecific
individual or orouo: or anv svstem, dqvice, or vehicle that is equipped with an electronic
surveillance device, hardware, or software,
2
Page 1107 ot $74
10
Surveil1ance fechnoloq.v shall mean and includes, but is not limited to: (a) international mobile
subscriber identitv (lMSl) catchers and other cell site sirnulators: (b) automatic license plate
readers: (c) electronic toll readers: (d) closed-circuit television cameras: GI biometric
surveillance technoloqv, including facjal, voice. iris, and gait-recoqnition software and
databases: (fl mobile DNA capture technoloqv: (q) qunshot detection and location hardware and
services: (h) x-rav vans; (i) videq_and audio monitorino and/or recordinq technology. such as
surveillance cameras and wearable bodv cameras: (i) surveillance enabled or capable liohtbulbs
or lioht fixtures: (kltools. inqluding software and hardware, used to oain unauthorized access to
a computer. computer service, or computer network: (l) social media monitorino softwarq: (m)
throuqhthe-wall radar or similar i_rnaqing technoloqv, (n) passive scanners of radio networks. (o)
lono-ranqe Bluetooth and other wireless-seannins devices. (p) radio-frequencv LD. (RFID)
scanners. and (q) softwarg desiqned to inteqrate or analyze data from Surveillqnce Technoloov,
including surveillance taropt tracking and predictive policinq software. The enu.melallon of
surveillance technoloov examnle$ in this subsection shall not be interpreted as an endorsement
or approval of their use bv the Citv.
Survefl/ance fechnoloqy shall mean and does not include the followinq devices.or hardware,
unleqs they have been equipped with, or are modified to become or include. a surveillancg-
technoloqv as defined in Section 2-411: (a) routine office hardware, such as teleyisions,
computers. and printers. that is in wideqpread public use and will not be used for anv
surveillance or surveillance-related functions: (b) Parkinq Ticket Devices (PTDs): (c) manually-
operated, non-wgarablg. handheld dioital cameras, audio recorders, and video recorders that
are not desioned to be use surreptitiouslv and whose functionality is limited to manuallv
capturinq and manuallv downloading video and/or audio recordinss: (d) surveillance devices
that cannot record or transmit audio or video or be remotely accessed, such as imaqe stabilizino
binoculars or niqht vision goooles: and (e) manually-operated technolooical devices used
primarilv for internal Citv communications and are not desioned to surreptitiously cgllect
surveillance data, such as radios and email svstems.
Section 2-4{2. Gitv Gommission Approval Required.
(g) Approval at Public Meetinq. The Gity must request and obtain Commission approval at
a public meetinq before ensasinq in any of the followinq:
(1) Seeking funds for new surveillance technoloov. includinq but not limited to applying
for a orant, or solicitino or acceptinq state or federal funds or in-kind or other
donations:
(!) Acquirino or borrowino new surveillance technoloqy, whether or not that acquisition
is made throuqh the exehanoe of monies or other consideration:
(Q) Using new or existinq surveillance technoloov for a purpose or in a manner not
previouslv Fpprovqd bv the Commission in accordance with this Ordinance; or
g) Solicitino proposals for or enterins into an aoreement with anv other person or entitv
to acquire, share or othenivise use surveillance technoloov or sqrveillance data.
Unless otherwise explicitly stated. any approval shall be for a period of one-vear. The
City Commission mav reauthorize approval based on the Citv's Annual Surveillance
Report.
3
Page 1 108 of 1670
11
(bi Request for Approval.
(lf Required Report & Policy. Anv request for Citv Gommission aoproval pursuant to
Section 2-412 must include a Surveillance lmp?ct Reoort and Surveillance Use
Policv concerninq the technolooy at issue.
(!) Approval Conditioned on Reouest. Unless the City Commission approval specificallv
indicates otherwise. its approval is conditioned upon the representations in the
request, including the Surveillance lmpact Report and on compliance _with
Surveillance Use PolicL
(Q Public Access. Epch request, includinq the Surveillance lmpact Report and
Surveillance Use Policv. is a public record and shall be accessible to the anv oerson
without redact. The Citv Manaoer shall ensure each request is available online from
the Citv's webpaqe.
(g) Surveillance lmpact Report. A Surveillance lmpact Report shall include the followino:
(lJ Description. lnformation describino the. surveillance technoloov and how it works.
includino product descriptions from manufacturers.
l!) Purpose, Each purpose of the surveillance technologv.
(!) Data Collection. The surveillance data that the surveillance technoloov is capable of
col lecti nq, capturinq. record in q. intercepting. or retai n lno.
(.fl Cost, The fiscal impact of the surveillance technoloov, includino but not limited to:
(a) lnitial acouisition costs: (b) onqoing operational costs such as personnel. legal
compliance, use auditinq, data retention and securitv costs: (c) anv cost savinqs that
would be achieved throuqh the use of the technoloqv: and (d) anv current or potential
sources of fundinq.
(fl Qivil Riqhts and Civil Liberties lmpact. An assessment ideqtifvino with specificitv:
(a) anv potential impacts the surveillance technoloqy. if deployed, miqht have on civil
riqhts and civil_ libetties: and (b) what soecific. affirmatlve measures will be
imolemented to safeouard the public from these civil rishts and civil liberties impads,
rc!) Surveillance Use Policy. A Surveillance Use Policy shall include the followinq:
() Purooss. Each. permitted purpose of the surveillance technoloov.
(!) Authorized Use. The. surveillance technologyls specific, permitted use(s) and
purpose(s). This shall include (a) whether the surveillance technoloqy rnav be
ooerated continuously or installed permanentlv; (b) Lhe places, times, manner.
circumstances in which it mav_be used, including any limitations on the crimes that
may be investisated with it: (c) who is permitted to use it: (d) what authorization is
required to use it. and (e) any prohibitions on its use (e,0., use without a warrant).
nT
Page 1 109 of 1670
12
(Q Data Collection.
a. The surveillance data that is permitted to be collected. captured, recorded.
intercepted. or retained.
b. The measures that shall be taken to minimize the inadvertent collection of data
surveillance data.
c. The measureg that shall be taken to identifv and delete inadvertently collgcted
surveillance data.
d. Database Reliance. Thg. databases on which the technoloqy mav relv to make
identifications of people, vehicles. or items.
e. Data Access. Who has access to the surveillance data arJd the procedures to
allow anjndividualto obtain access to the data.
L Data Protection: What safesuards will be used to protect surveillance data from
unauthorized access, includino encryption and access control mechanisms,
g Data Retention: The rules and procedures that will qovern the retention of
surveillance data. includinq those sovernino.
h. Public Access, How the oublic mav access the surveillance data and what steps
will be taken to protect individual privacv.
L Authorized Disclosure and Sharino: The limitations on sharing surveillance
technology or. disclosino surveill?rlce data with other oovemmental aoencies,
departments, bureaus, divisions, or units, includinq whether other qovernment
agencies must compllr with the Citv'ls Policv.
L DeEn.ands for Access to Surveillance Data: What leqal standard must be met h!,
qovernment entlties or third parties seekinq or demandinq access to surveillance
data.
k. Traininq:..What training, includino trainins materials. will be required for any
individual authorized to use the surveillance technoloq)/ or to access surveillance
data.
!* Maintenance: How the securitv and inteqritv of the syrveillance technology will be
maintained and how the City entitv- or lead aqent will present anv substantive
chanqes in the surveillance technoloqyls functipnalitv to the Citv Commission for
approval,
r-n. Auditing and Oversisht: What mechanisrns w!!l be implemented to ensure the
Surveillance Use Policy is followed. includins what intemal personnel will be
assiqned to ensure compliance with the policv, what independent persons gI
entitles will be given oversight authoritv, and what leqallv enforceable sanctions
will be put in place for violations sf the policv.
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Page 1 1 10 of 1670
13
g Complaints: What procedures will be put in place bv which members of the
public can resister complaints or concerns. or submit questions about the
deployment or use of a specific surveillance technoloqy. and what internal
personnel will be assioned to regeive. reoister, track. and respond to such' communications.
Section 2-4{3. Ol4 Technoloqies to Be Approved.
la) No latef than one hundred twentv (120) davs followinq the effective ilate of this
Ordinance. the City seekinq to continue the use of anv surveillance technolosv that was
in use prior to the effective date of this Ordinance must commence a Citv Commission
approval process iB accordance with Section 2-412. lf the Citv Commission has not
approved the continuino use of the surveillance technoloqy, including the Suryeillance
lmpact Report and Surveillance. Use Policv subrnitted pursuant to Sections 2-412(c) and
(d), within one hundred eiqhtv (180) days of their submission to the City Cornmission,
the Citv shall cease its use of the surveillance technoloqv until quch tirne as Gity
Commission aonroval is obtained in accordance with this Ordinance.
(b) lf more than one municipql entitv will have access to the surveillance technoloov or:
surveillance data, a lead municipal entity shall be identifled. The lead municipal entitv
shall be responsible for maintainins the surveillance technology and ensurino
compliance with all related laws, reoulations and protocols. lf the lead municipal entitv
intqnds to deleqate any related responslbilities to other qovernmental aoencies,
deoartments, bureaus. divisions, units. or oersonnel. these responsibilities and
associated entities and/or personnel shall be clearly identified.
(g) Approvaf Criteria. The Citv Commission shall onlv approve a request to fund. acquire. or
use a surveillance technoloqv if it determines the benefits of the surveillanoe technologv
outweiqh its costs, that the proposal will safeouard civil liberties and civil rishts, and that
the uses and deployrnents of the surveillance technolooy will not be based upon
discriminatorv or viewpoint-based facts or have a disparate impact on anv communitv or
qroup. To assist the public in participatinq in such an analvsis, all aporoved Surveillance
lmpact Reports and Surveillance Use Policies shall be made available to the oublic, at a
desisnated page on the relevant Citv's public website, for as lonq as the related
surveillance technoloqv remains in use,
Section 2*414. Annual Surveillance Report.
(g) Annual.Eilins. The Citv upon obtaining approval for the use of surveillance technoloqv
must subrnit to the Citv Commission an Annual Surveillance Report within twelve (12)
months of City Commission approval. arld annuallv thereafter on or before March 15.
(b) Contents. The Annual Surveillance Report shall, at a minimum, include the following
information for the previous calendar vear:
(l) A..qummarv of how the surveillance technolosv was used;
[!) Whether and how often collected surueillance data was shared with anv external
persons or entities, the name(s) of any recipient person or entitv. the tvoe(s) of data
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disclosed, under what leqal standard(s) the information was disclosed, and the
iustification for the disclosure(s); and
{!} Where applicable. a breakdown of where the surveillance technoloqy was deploved
seosraphicallv, by individual census tract as defined in the relevant year bv the
United States Census Bureau.
{q} A summary of complaints or concems that were receivg_d about the surveillance
technoloqv.
GD The results of any internal audits, anv information about violations of the Surveillance
Use Policv. and anlr actions taken in response.
G) An analvsis of any discriminatorv. disparate. and other adverse impacts the use of the
technology mav have had on the public's civil riohts and civil liberties, includino but not
limited to those guaranteed bv the First, Fourth, and Fqurteenth Amendment to the
United States Constitution.
(0 Statistics and information abo-ut public records Ordinance requests. includinq response
rates.
{g} Total annual costs for the surveillance tgchnolosy, includinq personnel and other
onqoinq costs, and what source of funding will fund the technoloqy in the comino vear.
Ih) Public Access, Each Annual Surveillanee Report is a public record and shall be
accesgible to the anv person without redaction. The Mavor shall ensure each report is
available online from the City's webpaqe.
(!) Reauthorization. Based upon information provided in the Annual Surveillance Report.
the Commission shaU determine whether the bene_fits of the surveillance technolooy
outweiqh its costs and whether the public's civil liberties and civil rights have been
adequatelv protected and safequarded.
Section 2-4{5. Penaltv for Violations.
(a) Anv violation of this Ordinance. including but not limited to fundinq, acquirinq. or utilizing
surveillance technoloov that has not been approved pursuant to this Ordinance or
utilizinq surveillance technology in a manner or for a purpose that has not been
aoproved pursuant to this Ordinance, constitutes an iniurv and anv person mav institute
proceedinqs for injunctive relief. declaratory relief, writ of mandamus, or evidencg
supBression in anv court of competent iurisdiction to enforce this Ordinance.
(b) A court shall award costs and reasonable attornevs' fees to the plaintiff who is the
prevailinq partv in an action brouoht to enforce this Ordinance.
(c) Contracts. lt shall be unlawful for the citv to enter into anv contfact or other agreement
that conflicts with the provisions of this Ordinance. and any con{licting provisions in such
contracts or aqreements. including but not limited to non-disclosure aqreements, shall be
deemed void and lesallv unenforceable. This section shall ngt apply, to collective
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bargaininq aoreements and related memorandums of aqreement or understandinq that
prq-date this Ordinance.
ft[ Receipt of Surveillance Data. lt shall be unlawful for the citv or gnv r"quniqipal entitv to
enter into anv contract or other pqreement that facilitates the {eceipt of surveillance data
from, or provision ,of surveillance data to any non-ogvernmental entity in exchanoe for
anv mqnetarv or anv othqr form of consideratign from any .soqrce, includino the
assessment of any addition?l fees, intqfest, or surcharses on.unpaiC fines o,r debts. Any
contracts or agreernents siqned prior to the enactment of this Ordinance that violate this
section shall be terr^4inated as soon as is legFllv permissible,
$ection 2-416 - 2-425. Resefved.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed,
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision bf tnis Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5, 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 renurnbered
or re-lettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect 10 days after adoption.
PASSED and ADOPTED this day of 2016.
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
S+ril<+n+eugh denotes deletions
Underline denotes new language
(Sponsored by Commissioner Michael Grieco)
APPROVEDASTO
FORM &I.ANGUAGE
& FOR E)(ECUTION
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