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File ID: #12820
Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner
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 AMENDING 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: 12820 (Revision:) Printed On: 121712022
GS.,Y OFF
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City of Miami
Legislation
Ordinance
Enactment Number: 14122
File Number: 12820 Final Action Date: 11/17/2022
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 AMENDING 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, on July 22, 2021, the Miami City Commission adopted Ordinance
No.14012 to provide guidance for City board continuances and deferrals of items in
order to facilitate an efficient process; and
WHEREAS, it has become evident that the setting of additional parameters for
City board continuances and deferrals of items is necessary; and
WHEREAS, the City Commission finds that it is necessary and appropriate for
the City Commission to provide additional reasonable limitations on the number and
duration of deferrals or continuances a City board can impose on an item in order to
create a smooth and efficient process for reviewing action items;
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.
City of Miami File ID: 12820 (Revision:) Printed On: 121712022
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
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 fer riRet„ (99) d gry to the next scheduled
meeting date, which at no time will be more than thirty (30) days, with a simple
majority vote.
b. TheFeafte�the BeaFd may defeF aR item feF .ten ai-dit.eRal feFty fide (45) days
by a fe it fifths (4 /5th) veto of the BeaF !
G. T„ereafteF,the BP1aFd Fray defer�Ttom f9F .ten additieRal feFty fide (45) rays
by a i RaRimE)i is vr)te r,f the BeaF 1
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 eRe h, �RdFed eight„ (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 i4e a recommendation of denial from the lower Board, as
applicable.
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 ^no hi RdFed eight„ (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) meeting cancellation due to quorum that will not
count toward the above time period.
' 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: 12820 (Revision:) Printed On: 121712022
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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
APPROVED AS TO FORM AND CORRECTNESS:
1
jina 4MHez, City Attor ey 10/18/2022
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: 12820 (Revision:) Printed On: 121712022