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File ID: #9227
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY', BY ADDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS
BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON
CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021
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Legislation
Ordinance
Enactment Number: 14012
File Number: 9227 Final Action Date: 7/22/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY', BY ADDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS
BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON
CONTINUANCES AND DEFERRALS OF ITEMS BY CITY OF MIAMI BOARDS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has many boards, some of which are strictly
advisory and some of which are quasi-judicial in nature; and
WHEREAS, City boards are an integral part of the operation of the City; and
WHEREAS, it is imperative that City boards function efficiently, including taking action
on items in a timely manner in order to effectively aid the City in its operations; and
WHEREAS, guidance for City board continuances and deferrals of items is needed in
order to facilitate an efficient process; and
WHEREAS, in addition, many items require a timely decision by the City; and
WHEREAS, the City Commission finds that it is necessary and appropriate to provide
guidance to City boards and set reasonable limits on the amount of deferrals or continuances a
City board can take on an item and reasonable limits on the total time period for deferrals or
continuances in order to create a smooth and efficient process for reviewing action items,
provided that the deferrals or continuances are not attributable to the applicant and that they
may be extended by mutual consent or no objection from the applicant;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as
amended, is hereby amended in the following particulars:'
"CHAPTER 2
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-895. - Continuances/Deferrals by City Boards
Notwithstanding anything to the contrary in the City Code or Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, any Board as defined in Section 2-
882 of the City Code, other than the City Commission, acting in its advisory capacity and
making recommendations to the City Commission that has the authority to continue or defer an
item may only defer or continue an item as follows:
a. The Board may defer an item for ninety (90) days with a simple majority vote.
b. Thereafter, the Board may defer an item for an additional forty-five (45) days by a
four -fifths (4/5th) vote of the Board.
c. Thereafter, the Board may defer an item for an additional forty-five (45) days by a
unanimous vote of the Board.
The Board must specify reasons for the deferral or continuance. If a Board does not or
is unable to act on an item within the above one hundred eighty (180) day time period, the item
shall be considered a denial and/or will result in the item moving on to the City Commission with
no recommendation from the lower Board. as aaDlicable.
This requirement may be waived by mutual consent of the Board and the applicant,
whether the applicant is the City, a private party, or any other applicant. The above one
hundred eighty (180) day time period shall not apply if the Board meeting is cancelled due to an
emergency, such as a state of emergency due to a natural disaster. The Board shall be
afforded one (1) meetina cancellation due to auorum that will not count toward the above one
hundred eighty (180) day above time period
Secs. 2-89-56-2-920. - Reserved.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.
Section 4. This Ordinance shall become effective immediately after adoption
thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021
APPROVED AS TO FORM AND CORRECTNESS:
Vf t6ria-Vrd6z, City Attor iey 6/15/2021 ria i " dez, Cify Attor iey 7/12/2021
City of Miami File ID: 9227 (Revision: 8) Printed On: 912012021