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File ID: #13139
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE
PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Miami File ID: 13139 (Revision:) Printed On: 3/3/2023
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City of Miami
Legislation
Ordinance
Enactment Number: 14151
File Number: 13139 Final Action Date: 2/23/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER
OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE
PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami ("City") honors and respects the First amendment rights of
the citizens and residents of the City to speak and participate at City Commission meetings; and
WHEREAS, the Miami -Dade County Citizen's bill of rights affords the citizens and
residents of the City the right to be heard, so far as the orderly conduct of public business
permits; and
WHEREAS, the foregoing citizens' rights vests large and pervasive powers in the
citizenry of the County and such power necessarily carries with it responsibility of equal
magnitude for the successful operation of government in the City; and
WHEREAS, it is recognized in the Citizen's bill of rights that the orderly, efficient and fair
operation of government requires the intelligent participation of individual citizens exercising
their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of
government because of the exercise of individual prerogatives, and for individual citizens to
grant respect for the dignity of public office: and
WHEREAS, from time -to -time persons are able to amass large amounts of public
speaking time by soliciting donation of speaking time from other members of the public in
attendance at the meeting; and
WHEREAS, Section 286.0114(2), Florida Statutes, provides that a municipality may
provide guidelines regarding the amount of time an individual has to address the board or
commission; and
WHEREAS, there presently is no mechanism to address such consolidation of speaking
time; and
WHEREAS, the City Commission finds it to be in the best interests of the citizens and
residents of the City of Miami to amend its rules of procedure to provide for a more efficient
means of conducting the public comment portion of City Commission meetings;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 13139 (Revision:) Printed On: 3/3/2023
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2, Article II, Section 2-33(c)(2) of the City Code is amended in the
following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE II. MAYOR AND CITY COMMISSION
Section 2-33. Order of business and rules of procedure.
(c) After approval of the minutes of the previous meeting(s), all business that shall come
before the city commission shall be taken up in the order as such items of business appear on
the city commission agenda in accordance with the following provisions:
(2) Any member of the public shall be entitled to speak on any proposition before the
city commission in which the city commission may take any action through the presiding
officer. Unless further time to speak is granted by the presiding officer of the city
commission, any person addressing the commission shall limit his or her address to two
minutes. A speaker may receive the donation of speaking time from no more than two
(2) members of the public for a total speaking time of five (5) minutes unless extended
for a maximum of seven (7) minutes by a supermaiority of the City Commission
members present. However, the Chair may allow a representative of a group on a
proposition to address the commission, rather than all members of such group, at
meetings in which a large number of individuals wish to be heard and grant such group
representative a reasonable time to speak. The opportunity to be heard need not occur
at the same meeting at which the city commission takes official action on the proposition,
if the opportunity occurs at a meeting that is during the decision making process and is
within reasonable proximity in time before the meeting at which the city commission
takes official action. This does not prohibit the city commission from maintaining orderly
conduct or proper decorum in a public meeting.
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Section 3. If any section, part of section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.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 unchanged material.
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
City of Miami File ID: 13139 (Revision:) Printed On: 3/3/2023
APPROVED AS TO FORM AND CORRECTNESS:
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i ft6ria i "ndez, City Attor iey 12/2812022
City of Miami File ID: 13139 (Revision:) Printed On: 3/3/2023