HomeMy WebLinkAboutBIE - Amend Unclassified Employees' Leave - Annual Leave Accruals (4/30/2026) (2)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: David Martinez, Assistant City Manager
MEETING DATE: May 20, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE,
ENTITLED "PERSONNEL," BY AMENDING ARTICLE IV, ENTITLED “UNCLASSIFIED
EMPLOYEE’S LEAVE,” BY AMENDING SECTION 78-181 ENTITLED “DEFINITIONS”
CLARIFYING THE DEFINITION OF “IMMEDIATE FAMILY” BY ELIMINATIING
DUPLICATIVE LANGUAGE; BY AMENDING SECTION 78-182 TO ALLOW SERVICE
MEMBERS TO CASH OUT ON HOURS ACCRUED IN EXCESS OF THE CARRY-
FORWARD CAP OTHERWISE FORFEITED AS A RESULT OF ACTIVE MILITARY
DUTY; BY AMENDING SECTION 78-183 TO INCREASE THE CAP ON THE MAXIMUM
AMOUNT OF ANNUAL LEAVE HOURS THAT MAY BE ACCRUED FROM 500 HOURS
TO 600 HOURS RETROACTIVE TO DECEMBER 31, 2025; BY AMENDING SECTION
78-189 TO AUTHORIZE TRANSFER OF PART OR ALL ACCRUED LEAVE TO AN
EMPLOYEE’S 457(b) ACCOUNT UPON RETIREMENT, RESIGNATION,
TERMINATION OR DEATH AND AUTHORIZE THE USE OF ACCRUED LEAVE TO BE
USED TO EXTINGUISH A DEBT OWED TO THE CITY SUCH AS REIMBURSEMENT
OF OVERPAYMENTS THROUGH PAYROLL OR UNPAID INSURANCE PREMIUMS;
REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
FURTHER, PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
☒ Yes ☐ No (If no, please check one of the boxes below)
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
Docusign Envelope ID: E649932A-91B3-8327-8332-FDBCFB4CDB33
Business Impact Estimate
Page 2
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. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
The Ordinance proposes to amend the Unclassified Employees Leave Ordinance
in three significant respects:
(1) to increase the annual leave carry-forward from 500 hours to 600 hours without
raising the cap on hours an employee can cashout on separation;
(2) to authorize the transfer of paid leave accrued, subject to the cap, to a deferred
retirement account, and to authorize the forfeiture of paid leave accrued to
extinguish debt owed by employees to the city;
(3) to authorize the payment of unused leave to employees on active military
service upon return to work which they would have otherwise used .
The proposed Ordinance governs employment matters of the City as a public
employer. As such, the proposed Ordinance has no direct fiscal impact on private
industry.
A summary of the changes proposed by the Ordinance and its purpose is more
fully set forth in the Commission Memorandum accompanying the Ordinance, and
the Ordinance itself.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
Not applicable.
(a) An estimate of direct compliance costs that businesses may reasonably incur ;
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
Docusign Envelope ID: E649932A-91B3-8327-8332-FDBCFB4CDB33
Business Impact Estimate
Page 3
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Not applicable.
4. Additional comments:
Docusign Envelope ID: E649932A-91B3-8327-8332-FDBCFB4CDB33