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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00811 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FIRE PROTECTION", MORE PARTICULARLY BY AMENDING SECTION 19-9,
ENTITLED "SPECIAL OFF -DUTY FIRE -RESCUE SERVICES", TO DIRECT TEN
(10%) PERCENT OF CERTAIN MONIES COLLECTED PURSUANT TO OFF -DUTY
SERVICES, FOR THE PURCHASE OF ADDITIONAL OR REPLACEMENT
EQUIPMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 19 of the Code of the City of Miami, Florida, as amended ("City Code"),
provides for fire protection; and
WHEREAS, currently the fees associated with Chapter 19 of the City Code do not sufficiently
cover the actual cost of City of Miami ("City") of purchasing necessary equipment; and
WHEREAS, it is in the best interest of the City to amend Chapter 19 of the City Code to direct
certain monies collected to a special account/fund for the purchase of special events equipment as
contained herein;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 19 of the City Code, entitled "Fire Protection", is amended in the following
particulars: {1}
"CHAPTER 19
FIRE PROTECTION
Sec. 19-9. Special off -duty fire -rescue services.
(a)
The director of the department of fire -rescue, and the fire marshal, or their designees,
shall cause the requests for off -duty fire -rescue personnel to provide services to
persons or businesses requesting the same to be evacuated on the basis of the
reasonableness thereof, included in such evaluation, factors of existing laws,
City of Miami Page 1 of 3 File Id: 11-00811 (Version: 1) Printed On: 8/30/2011
File Number: 11-00811
(b)
(c)
(d)
ordinances, rules and regulations, personnel scheduling availability, risk of harm to
personnel and department efficiency.
As an administrative fee payable to the city to offset the costs of administering the
herein off -duty fire -rescue services program, the director of the department of
fire -rescue shall cause to be collected and shall establish procedures for the collection
by the city of a sum of $65.77 per hour for a firefighter, $77.29 per hour for a fire
lieutenant, $84.25 per hour for a fire captain and $92.67 per hour for a chief fire officer,
for one location. Multiple fire -rescue personnel, days or locations shall be assessed on
a per person, per job, per day basis for contractual employment of off -duty fire -rescue
personnel by private persons or firms. This fee shall be in addition to the hourly
compensation rate payable by such private persons or firms to the individual
fire -rescue representative. The monies received hereunder by the city shall be placed
in the general fund except that $2.40 of each fee collected shall be placed in the city
self-insurance and insurance trust fund and Ten (10%) percent of the administrative fee
monies collected shall be placed into the Fire Department's budget, into a separate
fund/account, that can carry over from year to year. This fund/account will be used to
purchase additional and/or replacement equipment for special events.
The city expressly recognizes its ongoing responsibility to its employees by providing
self-insurance coverage, subject to the maximum amounts provided in F.S. § 768.28,
for tort liability and worker's compensation claims arising out of and in the course and
scope of assigned off -duty fire -rescue personnel performing fire safety duties during
the period of such assignment. Nothing contained herein shall be deemed to limit the
tort liability or subrogation rights of parties for or on behalf of whom off -duty fire -rescue
services are rendered or upon whose property these services are performed.
Furthermore, nothing contained herein shall be deemed as a waiver by the city of any
defense or denial of coverage permitted by law. Liability for all civil actions and
judgments (excluding individual punitive damages) arising out of claims resulting from
the performance of duties unrelated to fire safety during the period of such assigned
off -duty fire -rescue services, shall be borne by the party requesting such off -duty
fire -rescue services. The party for or on whose behalf such duties unrelated to fire
safety.have been rendered shall hold the city, its officers, agents and employees
harmless for any and all claims, demands, actions, causes of action, suits, damages,
losses and expenses, judgments, and attorney's fees and costs expended in defense
of same.
Parties receiving off -duty fire -rescue services shall not offer, nor shall off -duty
fire -rescue personnel accept, any compensation for such off -duty fire -rescue services
or other services above that specified by the director of the department of fire -rescue.
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 immediately upon final reading and adoption
thereof. {2}
City of Miami Page 2 of 3 File Id: 11-00811 (Version: 1) Printed On: 8/30/2011
File Number: 11-00811
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU )`\\
CITY ATTORNEY
Footnotes:
{1} 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 indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
City of Miami Page 3 of 3 File Id: 11-00811 (Version: 1) Printed On: 8/30/2011