HomeMy WebLinkAboutEmail - Charter Amendment Strong MayorCasseus, Edwin
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Llorente, Mike
Thursday, April 05, 2012 2:18 PM
Gallastegui, Elvi
Casseus, Edwin; Suarez, Francis (Commissioner)
Discussion Item - April 26, 2012
image001.gif; City of Miami Strong Mayor - Final Draft.doc
Commissioner Suarez would like to place the following discussion item on the April 26, 2012, Commission
Agenda:
DISCUSSION ITEM REGARDING CHARTER AMENDMENT TO ADOPT STRONG MAYOR FORM OF
GOVERNM ENT.
Attached is some back-up documentation to be included in the agenda packet.
Thanks,
Michael Llorente
Chief -of -Staff
Commissioner Francis Suarez
3500 Pan American Drive
Miami, FL 33133
Tel: 305-250-5423
Fax: 305-856-5230
mllorente(a@miamigov.com
1
Subpart A - THE CHARTER t2I
(2) Editor's note— The present charter of the City of Miami, excepting the later amendments and additions
thereto, was prepared and proposed by a charter board of 15 citizens elected at a charter board election, held
January 21, 1921. The charter prepared and proposed by such board was adopted by the electors of the city at
an election held May 17, 1921; and Laws of Fla., ch. 9024(1921) validated, legalized and confirmed the
proceedings in the election of the charter board and the adoption of the city charter, but did not enact the charter
• in full. The charter was amended by the legislature in its regular session in 1923, and the amendment was
confirmed by the electorate of the city at an election held July 17, 1923. At the session of the legislature in 1925,
the entire charter was reenacted as contained in Laws of Fla., ch. 10847 1925 . The charter as contained in Laws
of=Fla ch 10847(1925) has been amended at subsequent sessions of the legislature and by the electorate y
pursuant to the provisions of section 5 03 of the Dade County Charter. This version'of=the-charter representsthe
text as amended :by_Ord. No 9861 and approved by referendum on September 4, 1984, which amended the
charter in its entirety;,. and as,approved by.fnal judgment in the case of the:Rolle v. City of Miami Circuit Court
Case No. 84-07522
OF FLORIDA, CHAPTER 10847
An act to amend and reenact the Charter of the=City of Miami,; in the County,of Dade,:and to fix the boundanes=and provide for
the government, powers and privileges of said city and means for exercising the same; and to authorize the; imposition of
penalties for the violation ;of ordinances; and to ratify certain.acts and proceedings of the commission and of the officers of the
city.
Be It Enacted by the Legislature of the State of Florida:
Sec. 1. - Creation and existence.
Sec. 2. - Corporate limits.
Sec. 3. - Powers.
Sec. 4. - Form of government; nomination and election.
Sec. 5. - The initiative.
Sec. 6. - The referendum.
Sec. 7. - Election of city commissioners and mayor.
Sec. 8. - Form of ballots.
Sec. 9. - Declaration of election; how tie vote decided.
Secs. 10, 11. - [Reserved.j
Sec. 12. - Filling vacancies for mayor and commission.
Sec. 13. - [Reserved.]
..Sec. 14. - Commission may investigate official transactions, acts and conduct.
Sec. 15. - [Reseverd.1 ,
Sec. 16. - [Reserved.] Same Powers and duties.
Sec. 17. - Same —Examination of affairs of departments, officers or employees.
Sec. 18. - Departments established.
PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
Sec. 19. - Creation of new departments; discontinuance of departments.
Sec. 19-A. - [Reserved.]
Sec. 20. - Directors of departments.
Sec. 21. - Department of law.
Secs. 22-22-C. - [Reserved.]
Sec. 23. - Department of off-street parking; off-street parking board.
Sec. 24. - Department of public safety.
Sec. 25. - Supervision in divisions of police and fire.
Sec. 26. - [Reserved.] .
Sec. 27. - Finance, department of finance.
Secs. 27-A-28. - [Reserved.]
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
Sec. 29-B. - City -owned property sale or lease -Generally.
Sec. 29-C. - Same -Watson Island.
Sec. 29-D. - City -owned waterfront property; leases with nonprofit organizations; authorization to waive
competitive bidding and referendum requirements; terms of lease.
Secs. 30-35. - [Reserved.]
Sec. 36. - Civil service.
Sec. 37. - Pension funds.
Sec. 38. - City planning and zoning board.
Sec. 39. - [Reserved.]
Sec. 40. - Subdivisions.
Secs. 41, 42. - [Reserved.]
Sec. 43. - Continuity.
Sec. 44. - [Reserved.]
Sec. 45. - General provisions.
Secs. 46, 47. - [Reserved.]
Sec. 48. - Office of independent auditor general.
Sec. 49. - Office of the City Clerk.
Sec. 50. - Certain former Charter provisions to become ordinances.
Sec. 51. - Civilian investigative panel.
Sec. 52. - Citizens' Bill of Rights.
Sec. 1. - Creation and existence.
The inhabitants of the City of Miami, Florida, within the boundaries hereinafter designated, or within such boundaries as may
hereafter be established, shall continue to be a body politic and corporate under the name the "City of Miami," and as such
shall have perpetual succession and may use a common seal.
(Res. No. 01-843, § 2, 8-9-01)
Editor's note- Res. No. 01-843, § 2, adopted August 9, 2001, amended § 1 in its entirety to read as herein set out.
Formerly, § 1 pertained to body politic and corporate; name; seal; right to contract, sue, and be sued, and derived from
original codification.
Case law reference -The city is a governmental entity created by the state. It is a public institution designed to
promote the common interests of the inhabitants in their organized capacity as a local government, and its objects are
govemmental, not commercial. Miami Water Works Local No. 654 v. City of Miami; 157 Fla. 445, 26 So. 2d 194, 165
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Page 2 of 39
PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
A.L.R. 967.
The city is a municipal corporation and is not exempt from paying interest on its obligations. Highway Construction Co.
v. City of Miami, 126 F.2d 777.
Sec. 2. - Corporate limits.
The corporate limits of the City of Miami shall include all the territory and inhabitants within the following area, and no other:
[For the latest legal description of the city boundaries, the user is referred to exhibit A of this Charter, on file in the office of the
city clerk.]
(Res. No. 01-843, § 2, 8-9-01)
Editor's note— The territorial limits of the City. of Miami were fixed pursuant.to Laws of.Fla., ch. 15687(1931). Further
special acts extending, enlarging, or otherwise changing the corporate limits include Laws of Fla., ch. 15821(1931);
Laws of Fla., ch. 18685(1937); Laws of Fla., chs. 21393, 21396(1941); Laws of Fla., chs. 23405, 23409(1945); Laws of
Fla., ch. 26021(1949); Laws of Fla., ch. 57-1583.
The board of county commissioners of Dade County further extended the boundaries of the city (Primrose Park) by
Dade County Ordinance No. 63-6, adopted March 5, 1963.
County Charter reference —Method of changing city boundaries, § 5.04.
State law reference— Municipalities within Dade County to adopt annexation or contraction ordinances pursuant to
provisions of county home rule charter, F.S, § 171.071.
Sec. 3. - Powers.
The City of Miami shall have the governmental, corporate, and proprietary powers to enable it to conduct municipal
government, perform municipal functions and render municipal services and may exercise any power for municipal purposes,
except when expressly prohibited by law.
The city shall have the extraterritorial powers granted to the city by general and special law and including Laws of Florida, ch.
10847 (1925), as amended.
The City of Miami shall have power to:
(a)—(e). [Reserved.]
(f) Acquisition and disposition of property and services:
(i) To acquire by purchase, gift, devise, condemnation or otherwise, real or personal property or any estate or
interest therein, inside or outside the city, for any of the purposes of the city; and to improve, sell, lease, mortgage,
pledge, or otherwise dispose of such property or any part thereof.
(ii) To acquire or dispose of services inside or outside the city, by purchase, gift, or otherwise for any purposes of the
city.
• (iii) • To lease to or Contract' with entities for the management of any of the city's waterfront property,' but only in
compliance with the other requirements of this charter and on condition that:
(A) - the -terms of 'the -contract allow reasonable public access to the water and reasonable public use of the
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Page 3 of 39
PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
property, and comply with other charter waterfront setback and view -corridor requirements; and
(B) the terms of the contract result in a fair return to the city based on two independent appraisals; and
(C) the use is authorized under the then existing master plan of the city;
(D) the procurement methods prescribed by ordinances are observed;
(E) the contract does not exceed five years and does not contain an automatic renewal or termination penalty.
Any such lease or management agreement or proposed extension or modification of an existing such lease
or management agreement which does not comply with each of the above conditions shall not be valid
unless it has first been approved by a majority of the voters of the city.
Nothing herein contained shall in any.manner affect or apply to any project the financing of which has been
provided by the authorization of bonds to be issued by the city.
(g)—(I). [Reserved.]
(m) Harbor and shipping facilities: To establish, construct, maintain, and operate, both inside and outside the city, public
landings, wharves, docks, and warehouses; to dredge or deepen harbors and rivers, or any branch or portion thereof; to install
turning basins, build jetties, and otherwise improve the harbor and shipping facilities of the city, inside and outside the city and
inside and outside harbor lines where such improvements outside of harbor lines are approved by the United States
Government or its proper agencies; to acquire by condemnation or otherwise all lands, riparian, and other rights and
easements [necessary for the purposes aforesaid; to lay and collect] reasonable duties or fees on vessels coming through or
using said landings, wharves, docks or warehouses; to regulate the manner of using other landings, wharves, docks, and
warehouses within the city; to prescribe and enforce reasonable rules and regulations for the protection and use of said
property; to advance to the Govemment of the United States, with or without interest, funds to be expended in harbor
improvements to be made by the government in or near the city, or directly affecting the city within Miami Harbor and the
approaches thereto, if such work has been duly authorized by laws of the United States; and to issue bonds or notes to obtain
funds for such advances.
(n)—(II). [Reserved.]
(mm) Building and zoning:
(i) To provide by ordinance building, planning, and zoning regulations and restrictions governing the height, number
of stories, method of construction, type, and size of buildings and other structures; the percentage and portion of the lot
or site that may be occupied; the size of the front, rear, and side yards, courts, and other open spaces; the location, use
of buildings, structures, and land for trade, industry, residences, apartment houses, and other purposes; and the
widening and future widening of streets in zoned street areas that the city may establish. Such regulations may provide
that a board of appeals or the city commission may determine and vary the application of building, planning, or zoning
ordinances in harmony with their general purpose and intent.
(ii) ` In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront,
anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its
agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the
Miami River from its mouth to the N.W. 5th Street Bridge,
(A) -which are not set back at least 50 feet from the seawall (where the depth of the lot is less than 200 feet, the
setback shall be at least 25 percent of the lot depth), and
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
(B) which do not have average side yards equal in aggregate to at least 25 percent of the water frontage of
each lot based on average lot width.
(iii) The above setback and side -yard requirements may be modified by the city commission after design and site -
plan review and public hearing only if the city commission determines that the modifications requested provide public
benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or
comparable benefits which promote a better urban environment and public advantages, or which preserve natural
features. Wherever setback, side -yard, or site -plan review requirements of zoning ordinances are greater than the
foregoing requirements, such greater requirements shall govern.
(iv) These requirements shall not apply to docks and appurtenant structures, single-family residences and
appurtenant structures, and waterfront industrial uses along the Miami River and at the Port of Miami. Nothing herein
contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International
Center and hotel facility, including all improvements thereon, or to. lands and projects which the city commission has
approved prior to September 18, 1979, by development order pursuant to F.S. ch. 380 of a planned area development
pursuant to article XXI-1, City of Miami Comprehensive Zoning ordinance or which have received site and development
plan approval, including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April
20, 1972; and Resolution No. 72-416, July 20, 1972.
(Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01)
Editor's note— The department of neighborhood rehabilitation of the city and all functions involved therein were
abolished pursuant to Ord. No. 7576, § 1, adopted July 17, 1967, and effective on the date of transfer of said
department to Dade County. At the direction of the city, § 3(vv), added to the charter by Char. Amend. No. 2, effective
Jan. 1, 1963, is not set forth herein.
Sec. 4. - Form of government; nomination and election.
(a) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be
known as the "strong mayor -city commissioner plan," and the city commission shall consist of five citizens, who are qualified
voters of the city and who shall be elected from districts in the manner hereinafter provided. The city commission shall
constitute the governing body with powers (as hereinafter provided) to pass ordinances adopt regulations and exercise all
powers conferred upon the city except as hereinafter provided. The mayor shall exercise all powers conferred herein. and
(b) Election of mayor and city commission; -terms of office; recall. There shall be elected by the qualified electors of the city
at large a mayor who shall be a qualified elector residing within the city at least one (1) year before qualifying and must
maintain a residence in the city for the duration of his or her term. The mayor shall not serve as a member of the city
commission.
The city commission shall consist of five members who shall be elected from districts within the city, numbered 1 through 5. All
persons desiring to run for the office of city commissioner shall file in the district, numbered 1 through 5, for which they are
qualified as provided in subsection (c) of this section of the Charter. City commissioners in districts numbered 3 and 5 shall be
elected at the general municipal election-orrunoffelection to be held in the year 2001 and at the general municipal election or
runoff election each four years thereafter. City commissioners in districts numbered 1, 2, and 4 shall be elected at the general
municipal election or runoff election to be, held in the year 2003 and at the general municipal election or runoff election each
four years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for a term of four years.
The mayor and all city commissioners are to hold office from twelve o'clock noon five days after the canvass of the vote by the
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
supervisor of elections and the declaration of the result of either 1) the general municipal election or 2) runoff election and until
their successors are elected, and. qualified. Commencing with the election to be held in November 2001, and all elections
subsequent thereto, no mayor or city commissioner elected and qualified for two consecutive full terms under this system of
government or any prior system of government shall be eligible for reelection in the next succeeding term.
section 12[.] of the.
If a candidate for office of mayor or city commissioner receives a majority of votes in the general municipal election for that
office, the candidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the
election as provided. If no candidate receives a majority of the votes for that office, the two candidates for the respective office
who received the greatest number of votes for that office in the general municipal election shall be placed on the ballot at the
runoff election. The candidate receiving the greatest number of votes in the runoff election, shall be considered elected to the
office for which the candidate has qualified.
Any member of the city commission may be recalled from office by the electors of the district they represent. The mayor may
be recalled from office by the electors of the city. . The recall procedures set forth in FI. Statutes regarding - Municipal recall -
shall be applied to both the members of the governing body and the mayor.
Vacancies in the office of the mayor and city commission shall be filled as provided in section 12 of this Charter.
(c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers and employees not to be
interested in contracts, etc.; franks, free tickets, passes or service. Candidates for mayor shall be residents of the city for at
least one (1) year prior to qualifying and shall be electors therein. Further, candidates for the city commission shall have
resided within the district at least one (1) year before qualifying and be electors in that district, and shall maintain residence in
that district for the duration of their term of office. The mayor, city commissioners, and other officers and employees shall not
be interested in the profits or emoluments of any contract, job, work or service for the municipality. The mayor or any city
commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his or her office, and
any such contract in which any member is or may become interested may be declared void by the city commission.
No mayor, city commissioner, or other officer or employee of said city shall accept any frank, free ticket, pass or service
- directly or indirectly, from any person, firm or corporation upon terms more favorable than are granted to the public
generally: Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall
not apply to police or fire personnel in uniform or wearing their official badges, where same is provided by ordinance.
(d) City commission to be judge of ifs own elections; neither mayor norneither the city commission nor any committees nor
members thereof to y dictate appointments by or intorfero with th yorcity manager. The city commission shall be the
judge of the erection and qualifications of the mayor and its own members, subject to review by the courts. Neither the mayor
nor thet city commission, nor any committees nor members thereof shall direct, request, take part in or dictate the appointment
or removal of any person in office or employment by the city manager or subordinates or in any manner interfere with the city
manager or prevent the city manager from exercising his/her own judgment in the appointment of officers and employees in
ssary as provided in section 1A the mayor
solely through the city
manager, and neither the mayor nor the city commission, nor any committees nor members thereof shall give orders to any of
such dictation, prevention, orders -or -other intorforencc or violation of this section on -the part of the mayor or a member of the
city commission or committees shall be deemed to be violation of the Charter, and upon conviction before a court of
willful violation of the provisions to this section by the mayor or any city commissioner shall be grounds for his or her removal
from office by an action brought in the Circuit Court by the state attorney of this county.
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
(e) Election of officers by city commission; rules of city commission; quorum. The city commission shall elect a city clerk
and a city attorney. No member.of the. city commission.or the mayor shall be chosen as city manager or as a member of the
civil service board or appointed to any other city office or employment. The city commission shall elect its chairperson and
vice -chairperson by a majority. The chairperson and vice -chairperson shall serve a two-year term from the date of their
election. The chairperson shall establish and appoint the members of all standing and special committees of the city
commission and the chairperson and vice -chairperson of each committee. Standing or special committees of the city
commission shall mean those comprised of city commission members only. The city commission may determine its own rules
of procedure, may punish its own members for misconduct and may compel attendance of members. A majority of all the
members of the city commission shall constitute a quorum to do business, but a smaller number may adjourn from time to
time.
(f) Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on the day the mayor or city
commissioners take office, they shall meet at the city hall. Thereafter, the city commission shall meet at such time and place
as may be prescribed by ordinance or resolution. The meetings of the city commission and all sessions of committees of the
city commission shall be public. Ordinances shall be read by title only. No member shall be excused from voting except on
matters involving the consideration of his or her own official conduct, or where his or her financial interests are involved.
(g) Powers and duties of mayor. Commencing January 1, 2014Ththe mayor shall serve as the chief executive
administrative officer and head of the city govemment with the following specific powers and duties:
(1) The mayor shall be responsible for the management of all administrative departments of the city government, for
seeing out policies adopted by the commission and shall see that all laws and ordinances are enforced. The mayor, or
such other persons who may be designated by the mayor, shall execute contracts and other instruments, and sign
bonds and other evidences of indebtedness.
(2) The mayor shall be the presiding officer of the city commission with the authority to designate another member of
the city commission to serve as presiding officer. The mayor, or his designee, shall attend all meetings of the city
commission with the right to take part in the discussion but having no vote. The mayor shall also have the right to
recommend to the city commission for adoption such measures as may be necessary or expedient.
(3) • The mayor shall appoint, reprimand and remove, except as otherwise provided in this Charter, all directors of the
departments and all subordinate officers and employees in the departments in both the classified and unclassified
service; all appointments to be• upon meet and fitness alone, and in the classified service all appointments and removals
to be subject to the civil service provisions of this Charter. The mayor's power to reprimand and remove does not extend
to the staff of the city commission, city attorney, city clerk or independent auditor general.
(4) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the
purpose of serving civil process, and by the govemor for military purposes.
(5) In time of public danger or emergency, the mayor may declare a state of emergency as provided in state law and
may with the consent of the city commission, take command of the police and maintain order and enforce the laws.
(46) During the temporary absence or disability, the mayor shall appoint a member of the city commissionqualified
administrative officer of the city to perform the duties of the mayor. However, in the event that the mayor does not or is
unable to make such_ designation, the city commission shall designate a qualified administrative officer of the city
member of the city commission to perform the duties of the mayor during the temporary absence or disability of the
mayor by a four -fifths vote of the city commissioners then in office.
(57) _ The mayor shall, within ten days of final adoption by the city commission, have veto authority over any legislative,
quasi-judicial, zoning, master plan or land use decision of the city commission, including the budget or any particular
component contained' therein which was approved by the city commission; provided, however that if any revenue item is
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PART 1 - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
vetoed, an expenditure item in the same or greater dollar amount must also be vetoed. The city commission may, at its
next regularly scheduled .or speciai meeting .after the .veto occurs, override that veto by a four -fifths vote of the city
commissioners present, notwithstanding any provisions to the contrary contained in the Charter and city code. Said veto
power shall include actionspursuantto sections 29-8 through 29-D of the Charter.
vacancy in the office of city manager, the mayor shall appoint the city manager, subject to the approval within 11 days of
nager subject to the city
commission's conducting a h aring within 10 days of said removal and the city commission's overriding the mayor's
vote of those city commissioners then in office shall be able to remove the city manager.
of the city commission as deemed necessary by the Mayor. Standing or special committees of the city commission shall
mean those comprised of city commission members only.
(8) ' The mayor shall prepare and deliver a report on the state of the city to the people of the city between November 1
and January 31 annually. Such report shall be prepared after consultation with the city commis,ioners and the city
manager.
(9) The mayor shall prepare and deliver a budgetary address annually to the people of the city between July 1 and
September 30. Such reper4address shall be prepared after consultation withset forth the city manager. mayor's funding
priorities for the city.
(10) All references to the City Manager in the City Code of Ordinances shall be amended to substitute the word
'Mayor.'
(h) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be paid to the city commissioners
the sum of $58,200, which is equal to sixty percent of the mayor's salary in effect on July 16, 2003. Such salary shall be paid
per year for each commissioner, in twelve equal installments. The compensation of the mayor shall be determined by the
commission.
(Laws of Fla., ch. 15344(1931); Laws of Fla., ch. 23401(1945); Laws of Fla., ch. 26022(1949); Laws of Fla., ch. 31000(1955);
Char. Amend. No. 2, § 1, 1-1-60; Char. Amend. No. 1, 12-1-63; Char. Amend. No. 1, 12-1-65; Ord. No. 88-541, § 2a, 6-9-88/9-
6-88; Res. No. 97-447, § 2, 7-3-97; Res. No. 99-613, § 3, 8-2-99; Res. No. 01-843, § 2, 8-9-01; Res. No. 03-918, § 3, 9-5-03)
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, amended § 4 in its entirety to read as herein set out.
Formerly, § 4 pertained to form of government. The historical notation has been retained for reference purposes.
Case law reference —Officials provided for in subsection (e) shall be elected and none of them shall hold office at the
will of the city commission when elected, but the city manager when appointed shall hold office subject to the will of the
commission. State v. Bloodworth, 134 Fla. 369, 184 So. 1.
Where resolution adopted by the city commission appointing the city clerk failed to fix or state the period of time he was
to hold the said office, clerk was entitled to hold office until the next regular city election provided for in this charter
unlesslawfully removed. Id. See also, State v. Bloodworth, 135 Fla.,525, 185 So. 339. :..:
Sec. 5. • The initiative.
(a) Power to adopt ordinances.- The electors shall have power at their option to adopt ordinances, excluding ordinances
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
relating to subjects that would be precluded by law and to adopt the same at the polls, such power being known as the
"initiative". A petition meeting the requirements hereinafter provided and requesting the city commission to pass an ordinance
therein set forth or attached shall be termed an "initiative petition" and shall be acted upon as hereinafter provided.
Any five registered voters may commence initiative proceedings by filing with the city clerk an affidavit stating they will
constitute the committee of the petition and be responsible for circulating the petition and filing it in proper form. The
affidavit shall state the names and addresses of the members of the committee of the petition and shall specify the
name and address of the member to whom all notices are to be sent. The affidavit shall set out in full the proposed
initiative ordinance.
(b) Preparation of initiative petition; affidavit of genuineness of signatures. Signatures of 10 percent of the electors of the
city registered at the last general municipal election are required for initiative petitions. The signatures need not all be on one
paper, but must be in ink or indelible pencil and include the printed name and residence address of each signer and date
signed. The proposed ordinance in full should be attached to the petition for review of the signer. The circulator of every such
paper shall make an affidavit on each page in substantially the following form:
STATE OF
FLORIDA
ss.
COUNTY OF
MIAMI-DADE
being duly sworn, deposes and says that he or she is the circulator of the foregoing petition paper
containing signatures, and that said signatures were made in his or her presence and are the signatures of the persons
whose names they purport to be.
(Signed)
Subscribed and sworn to before me this day of
19
Notary Public
All papers pertaining to any one ordinance shall be filed in the office of the City Clerk as one instrument and shall have
written or printed thereon the names and addresses of the committee of the petition who shall be officially regarded as
filing the petition and who shall constitute the committee of the petition for the purposes hereinafter named.
(c) Filing of petitions. Within 20 days after the filing of a petition, the city clerk shall ascertain by examination the number of
registered voters in the city whose -signatures are appended thereto and whether said number is at least 10 percent of the
total number of registered voters as shown by the registration records. The city clerk shall attach to said petition a certificate
showing:the result of said examination and give notice thereof in writing to one or more of the members of the committee of
the petition. If the number of signatures supporting the petition is shown to be insufficient, the petition may be amended once
within 10 days from the date of said certificate by the filing of additional signatures.
-The city clerk shall,- with 10 days after such amendments, make examination of the amended petition. The final finding
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
(d) Submission of petition to city commission. Upon ascertaining that a petition is supported by a sufficient number of
signatures, the city clerk shall so certify, .and ,the city clerk shall submit the proposed ordinance to the city commission at its
next meeting. Upon receiving the proposed, the city commission shall proceed to consider it and shall take final action thereon
within 30 days from the date the petition is certified by the city clerk.
(e) Election on initiated ordinances. If the city commission fails to pass the proposed ordinance, or if it passes it in a form
different from that set forth in the petition, then the ordinance shall be submitted in its original form by the city commission to
the vote of the electors at the next election occurring not fewer than 30 days from the date of the final action by the city
commission. If no election is to be held within six months from such date, the city commission shall call a special election to be
held not fewer than 30 days nor more than 120 days from such date.
(f) Initiative ballots. The ballots used when voting upon any such proposed ordinance shall state the substance thereof in
clear, concise language, without argument or prejudice, and shall provide only for a vote "for the ordinance" or "against the
ordinance". If a majority of the electors voting on any such ordinance vote in favor thereof, it shall thereupon become an
ordinance of the city. When a ordinance proposed by initiative petition is passed by the city commission, but not in its original
form, the ordinance as passed by the city commission shall not take effect until after the vote of the electors; if the ordinance
so submitted is approved by a majority of electors voting thereon, it shall thereupon become an ordinance of the city, and the
ordinance as passed by the city commission shall be deemed repealed.
The following.title shall be substantially the form of the ballot:
TITLE OF WITH GENERAL
STATEMENT OF SUBSTANCE THEREOF
FOR THE ORDINANCE.
AGAINST THE ORDINANCE.
(g) Number of ordinances to be initiated. Any number of proposed ordinances may be voted upon at the same election in
accordance with the provisions of this Charter.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 6. - The referendum.
(a) Power of referendum. The electors shall have power at their option to approve or reject at the polls any measure passed
by the city commission or measure submitted by the city commission to a vote of the electors excluding measures relating to
subjects that would be precluded bylaw. -Such power shall known as the "referendum". Measures submitted to the city
commission by initiative petition and passed by the city commission without change or passed in an amended form shall be
subject to the referendum in the same manner as other measures.
Any`five.registered voters may;commence referendum proceedings -by filing withthecity clerk .an affidavit stating they --
will constitute the committee of the petition and be responsible for circulating the petition and filing it in proper form. The
affidavit shall state the names and addresses of the members of the committee of the petition and shall specify the
name and address of the member to whom all notices are to be sent. -The -affidavit shall set out in full the referred
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
measure.
(b) Referendum petition. If within not less than ten days nor more than 30 days after the final passage of any measure by
the city commission, a petition signed by 15 percent of.the total number of voters registered at the last general municipal
election as shown by the city registration records, is filed with the city clerk requesting that such measure or any part thereof
be repealed or be submitted to a vote of the electors, that measure or part shall not, except in the case of an emergency
measure, become operative until the steps indicated herein have been taken.
(c) Signatures to petition. The signatures of the 15 percent of the electors of the city registered at the last general municipal
election are required for referendum petitions. The referred measure in full shall be attached to the petition for review of the
signer. The signatures of referendum petitions need not all be on one paper, but the circulator of every such paper shall make
an affidavit that each signature appended thereto is the genuine signature of the person whose name it purports to be. Each
signature shall be in ink or indelible pencil and shall include the date signed, the printed name and address of the signer. All
such papers shall be filed in the office of the city clerk as one instrument. A referendum petition need not contain the text of
the measure or part of which repeal is sought, but shall briefly describe the ordinance or part sought to be repealed and such
measure shall be attached to the petition for review of the signer.
The circulator of every such paper shall make an affidavit on each page in substantially the following form:
STATE OF
FLORIDA
ss.
COUNTY OF
MIAMI-DADE
being duly sworn, deposes and says that he (or she) is the circulator of the foregoing petition paper
containing signatures, and that said signatures were made in his (or her) presence and are the
signatures of the persons whose names they purport to be. '
(Signed)
Subscribed and sworn to before me this day of
20
Notary Public
-All papers pertaining to any one measure shall be filed in the office of the city clerk as one instrument and shall have
written or printed thereon the names and addresses of the committee of the petition who shall be officially regarded as
filing the petition and who shall constitute the committee of the petition. for the purposes hereinafter named.
(d) Certification of petition. Within 20 days after the filing of the petition, the city clerk shall ascertain by examination the
number of registered voters whose signatures are appended thereto and whether said number is at least 15 percent of the
total number of registered voters as shown by the city registration records. The city clerk shall attach to such petition his or her
certificate showing the result of such examination and give notice thereof in writing to the person designated to receive notices
by the committee of the petition. If the number of signatures supporting the petition is shown to be insufficient, the petition may
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be amended once within 10 days from the date of said certificate by the filing an amended petition with additional signatures.
The city clerk shall, within 10 days after such amendment, make examinatiomof the amended petition.
(e) Referendum election. If the petition -is .found .sufficient, the city commission shall proceed to reconsider such measure or
such section thereof as the petition shall specify. If upon such reconsideration such measure, or such part thereof, is not
repealed or amended as demanded in the petition, the city commission shall provide for submitting the same, by the method
herein provided, to a vote of the electors at the next general municipal election occurring not less than thirty days after the
receipt by the city commission of the city clerk's certificate, and such measure, or such part thereof, shall thereupon be
suspended from going into effect until said election and shall then be deemed repealed unless approved by a majority of those
voting thereon. The city commission by a four -fifths vote may submit such measure or part thereof with like effect to the
electors at a special election to be called by said city commission not less than thirty days after the receipt of the city clerk's
certificate.
(f) Limitations on enforcement of ordinances. No measure shall go into effect until thirty days after its passage unless it is
declared in such ordinance to be an emergency measure on the ground of urgent public need for the preservation of peace,
health, safety, or property and the measure being passed by a vote of not less than four -fifths of the members of the city
commission. No measure amending or repealing any measure adopted by the people at the polls or by the city commission in
compliance with an initiative petition shall be regarded as an emergency measure.
(g) Form of ballot. The ballots used when voting upon such referendum shall state the substance of the measure in clear,
concise language, without argument or prejudice, and shall specify whether the measure is being submitted for approval or for
repeal. If the measure is being submitted for approval, the ballot shall provide only for a vote "for the measure" or "against the
measure'. If the measure is being submitted for repeal, the ballot shall provide only for a vote "for repeal" or "against repeal".
(h) Emergency measures. Measures passed as emergency measures shall be subject to referendum like other measures,
except that they shall not be suspended from going into effect while referendum proceedings are pending. An emergency
measure subsequently repealed shall be deemed sufficient authority for any payment made or expense incurred in
accordance with the measure previous to the repeal.
(i) Conflict of referred measures. If two or more measures adopted or approved at the same election conflict with respect to
any of their provisions, all nonconflicting provisions shall go into effect. The provisions of the measure receiving the highest
affirmative vote shall prevail over the conflicting provisions of other measures.
(j) Adoption or repeal. If a majority of the electors voting on any referendum vote to adopt or repeal any measure or part
thereof, such measure or part shall thereupon be deemed adopted or repealed, as the case may be.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 7. - Election of city commissioners and mayor.
A general municipal election for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in
November in odd -numbered years. A runoff election for the mayor and city commissioners shall be held on the second
Tuesday after the first Monday in November in odd -numbered years. All elections held in said city shall be conducted and held
according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter.
The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for
the office of mayor or -city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted
-by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying
period as prescribed in this -Charter prior to"the date of such general municipal election or special election -to fill a vacancy. Any
person qualifiedtorun for mayor -or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk
including his or her name, address,- occupation and willingness to serve if elected, accompanied by the requisite documents
and fees as provided in state law and section 7 of this' Charter. An 'affidavit of candidacy shall be filed not earlier than 60 days
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and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special
election to fill a vacancy.
All such qualifying documents.and.fees shall be deposited with the city clerk no later than 6:00 pm. on the forty-fifth day prior
to the general municipal election or the last day for qualifying in a special election to fill a vacancy.
(Laws of Fla., ch. 15339(1931); Laws of Fla., ch. 19974(1939); Laws of Fla., ch. 21387(1941); Laws of Fla., ch. 22395(1943);
Laws of Fla., ch. 23408(1945); Char. Amend. No. 1, 3-14-72; Char. Amend. No. 6, 11-6-73; Res. No. 97-447, § 2, 7-3-97; Res.
No. 01-843, § 2, 8-9-01)
Editor's note- Res. No. 01-843, § 1, adopted August 9, 2001, amended § 7 in its entirety to read as herein set out.
Formerly, § 7 pertained to regular and primary elections of commissioners. The historical notation has been retained for
reference purposes.
Sec. 8. - Form of ballots.
All ballots used in any general municipal election, runoff election or special election to fill a vacancy held under authority of this
Charter shall be without party mark or designation and without any insignia or mark of any association or organization thereon,
and shall be substantially in the same form as the election ballot used in all general state elections.
(Laws of Fla., ch. 15339(1931); Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Editor's note- Res. No. 01-843, § 2, adopted August 9, 2001, amended § 8 in its entirety to read as herein set out.
Formerly, § 8 pertained to form of ballots; what candidates in primary election for mayor and commissioners placed on
ballot. The historical notation has been retained for reference purposes.
Sec. 9. - Declaration of election; how tie vote decided.
At any runoff election or special election to fill a vacancy held under the provisions of this Charter, the candidates for the office
of city commissioner, who shall have received the greatest number of votes cast, shall be declared elected after the canvass
of the vote by the supervisor of elections as provided in section 4. A tie between two or more candidates for the office of city
commissioner shall be decided by lot under the supervision of the chair of the canvassing board in the presence. of the
candidates.
At any runoff election or election to fill a vacancy for the office of mayor held under the provisions of this Charter, the
candidate for the office of mayor, who shall have received the greatest number of votes cast, shall be declared elected after
the canvass of the vote by the supervisor of elections as provided in Section 4. A tie between the candidates for the office of
mayor shall be decided by lot under the supervision of the chair of the canvassing board in the presence of the candidates.
(Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Sec. 10-11. - [Reserved.]
Editor's note- Res. No. 01-843, § 2, adopted August 9, 2001, repealed §§ 10, 11 in their entirety. Formerly, §§ 10, 11
pertained to -distinction between general and special municipal election and the recall, respectively, and derived from.
Laws of Fla., ch. 14616(1929); Res. No. 97-47, § 2, adopted July 3, 1997.
Sec. 12. - Filling vacancies for mayor and commission.
(a) = A vacancy on the city commission or in the office of mayor caused by death, resignation, recall, forfeiture or other action
or causes shall be filled within ten days after such vacancy occurs by a majority of the remaining city commissioners. The
person appointed -must meet•the qualifications -of the office as requiredin section 4 of this Charter. The term of office of the
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
person so appointed shall be until the successor in office is elected and qualified at whichever of the following occurs first:
(1) the odd -year general municipal election for mayor and city commissioners held pursuant to section 4 of the
Charter, or
(2) the even -year State of Florida general election, at which election national, state and county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter and the qualifying period and
requirements for such election shall be as provided in section 7 of this Charter.
(b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided
herein, the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight or more
than forty-five days after the expiration of the ten-day period and the five day qualifying period. The qualifying period for such
special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before
the date of the election and the procedure for the election not otherwise provided for in this section shall be as provided in
section 7 of this Charter. The person who receives the greatest number of votes for the office in said special election is elected
to fill the vacancy until the election as provided in subsection (a) (1) or (2) of this section.
(c) If the city commissioners shall fail to comply with their duties as set forth in this section, then, and in that event, the court
is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill such vacancy or
vacancies on the city commission or in the office of mayor.
(d) Upon a vacancy in the office of the mayor, such vacancy shall be filled with the person holding the office of chairman of
the city commission, who shall exercise all authority of the office of mayor and shall perform the duties and assume the
responsibilities of that office and shall become mayor and serve out only that portion of the former mayor's term that precedes
the next regularly scheduled municipal election or state or federal general election for which there is sufficient time to adopt a
special election ordinance establishing qualifying periods and related provisions, when' an election shall be held to fill the
balance of the term, if any.
(Laws of Fla., ch. 22393(1943); Laws of Fla., ch. 27724(1951); Ord. No. 8287, 11-5-74; Res. No. 97-447, § 2, 7-3-97; Res. No.
01-843, § 2, 8-9-01)
Sec. 13. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repeal .§ 13 in its entirety. Formerly, § 13 pertained to
election when terms of four or more commissioners expire simultaneously, and derived from Laws of Fla., ch.
22393(1943); Laws of Fla., ch. 27724(1951).
Sec. 14. - Commission may investigate official transactions, acts and conduct.
The mayor, city commission, or any committee thereof may investigate the financial transactions of any office or department of
the city government and the official acts and conduct of any city official, and by similar investigations may secure information
upon any matter. In conducting such investigations the mayor, city commission, or any committee thereof, may require the
attendance of witnesses and the production of books, papers and other evidence, and for that purpose may issue subpoenas •
which shall be signed by the presiding officer of the city commission or the chair of such committee, as the case may be,
which may be served and executed by any police officer.
(Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Sec.15-fReserved� ..a,. ua!if. ^... _. ... _ ..
1 t J ^r -s �s s s
The city manager shall be the -head of the administrative branch of:the-city-government: The city commission shall fix the city
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
manager's compensation, and the city manager shall serve as provided in section 4(g). The city manager shall be chosen on
The mayor, subject to the approval of the city commission, may designate a qualified administrative officer of the city to
assume the duties and authority of the city manager during periods of temporary absence or disability of the city manager.
The city manager shall be responsible for the administration of all units of the city government under the city manager's
contracts and other instruments, sign bonds and other evidences of indebtedness.
Sec. 16. JReserved.j
The powers and duties of the city manager shall be to:
(a)
See that the laws and ordinances are enforced.
(b) Appoint and remove, except as otherwise provided in this Charter, all directors of the departments and all
to be upon merit and fitness alone, aad in the classified service all appointments and removals to be subject to the civil
service provisions of this Charter.
commission,
doption such moasures as the city manager may deem
necessary or expedient.
resolution of the city commission.
(Res. No. 97 447, § 2, 7 3 97; Res. No. 01 843, § 2, 8 9 01)
Editor's note— As to removal and suspension of chief of police, see annotation to charter § 26
Case law reference —It was the intention of the legislature to make the city manager:at all times hold office subject to
the will of the commission upon whom rested the administrative affairs of the city government, which could be speedily
checked and corrected if necessary at the will of the commission by a change in the office of the city manager. State v.
Bloodworth, 134 Fla. 369, 184 So. 1.
Subsection '(b)-The phrase"except as herein provided," employed "in subsection (b) of this section, qualifies or limits
'every provision of the city charter"providing for removals in specific cases, and such other provisions must be construed
with the subsection. Bryan v. Landis, 106 Fla. 19, 142 So. 650.
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
The city manager has no summary power of appointment under civil service rules, and all appointments and promotions
by the city manager must be within.the.requirements of such rules. Bloodworth v. Suggs, 60 So. 2d 768.
Police officers may be demoted during probationary period after accepting probationary promotion in rank. Clarke v. City
of Miami, 81 So. 2d 217.
The city manager is not required as a matter of law to promote civil service employees when a vacancy occurs. His
refusal to fill vacancies due to economic conditions is a matter within his discretion. City of Miami v. Elmore, 131 So. 2d
517.
Where city manager opts to utilize advisory group to directly assist him in the decision -making process to select a new
police chief, the advisory group is a "board" within the meaning of F.S. § 286.011, the city manager is an "agency"
within the meaning of said statute, and meetings of the advisory group must be open meetings pursuant to said statute.
State v. Krause, 47 Fla. Supp. 36, affd Krause v. Reno, 366 So. 2d 1244.
Sec. 17. - Same Examination of affairs of departments, officers or employees.
The mayor city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to
be examined. Any person or persons appointed by the mayorcity manager to examine the affairs of any department or the
conduct of any officer or employee shall have the same right to require the attendance of witnesses and production of books
and papers and other evidence as is conferred upon the mayor and city commission by this Charter.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 18. - Departments established. 13]
The following administrative departments are hereby established by this Charter:
(1) Department of law.
(2) Reserved.
(3) Reserved.
(4) Department of public safety.
(5) Department of finance.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 19. - Creation of new departments; discontinuance of departments.
The city commission may, by ordinance adopted by vote of at least three members of the city commission, create new
departments or discontinue any department and determine, combine, and distribute the functions and duties of departments
and subdivisions thereof.
(Laws of Fla., ch. 21391(1941); Res. No. 01-843, § 2, 8-9-01)
Sec. 19-A. - [Reserved.]
Editor's note-- Res: No. '01-843, § 2, adopted August 9, 2001, repealed § 19-A in its entirety. Formerly, § 19-A
- -pertained to authority to create and discontinue departments by ordinance not limited to other charter provisions and
derived from Laws of Fla., ch. 21391(1941).
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
Sec. 20. - Directors of departments.
The city managermayor shall appoint a director for each department and, in the city manager'smayor's discretion, may
consolidate two departments under,one.director..Each such director shall serve until removed by the city-managermayor or
until a successor has been appointed and qualified, shall conduct the affairs of his or her department in accordance with rules
and regulations made by the city-managermayor, shall be responsible for the conduct of the officers and employees of his or
her department, for the performance of its business, and for the custody and preservation of the books, records, papers and
property under its control, and, subject to the supervision and control of the city- ►anagermayor in all matters, shall manage
the department. None of the provisions of this section, however, shall be applicable to the department of law, city clerk or
office of independent auditor general. [41
(Laws of Fla., ch. 21388(1941); Res. No. 01-843, § 2, 8-9-01)
Sec. 21. - Department of law.
The city attorney shall be the director of the department of law and an attorney -at -law admitted to the practice in the State of
Florida. The city attorney shall be the legal advisor of and attorney and counsel for the city, and for all officers and
departments thereof in matters relating to their official duties. The city attorney shall prosecute and defend all suits for and in
behalf of the city, and shall prepare all contracts, bonds and instruments in writing in which the city is concerned and shall
endorse on each approval of the form and correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney shall have such number of
assistants as the city commission by ordinance may authorize. The city attorney shall prosecute all cases brought before such
court and perform the same duties, so far as they are applicable thereto, as are required of the prosecuting attomey of the
county.
When required to do so by the resolution of the city commission, the city attorney shall prosecute or defend for and in behalf of
the city all complaints, suits and controversies in which the city is a party, and such other suits, matters and controversies as
he shall, by resolution or ordinance, be directed to prosecute or defend.
The mayor, city commission, the city manager, the director of any department, or any officer or board not included within a
department, may require the opinion of the city attorney upon any question of law involving their respective powers and duties.
The city attorney shall be a full-time govemmental employee; shall not engage in the private practice of law; and upon his or
her election by the city commission shall serve until the time for the election of the city officials specified in section 4 of the
Charter which follows the next general municipal election.
(Char. Amend. No. 1, 11-6-73; Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Secs. 22-22-C. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repealed §§ 22-22-C in their entirety. Formerly, §§
22-22-C pertained to department of public service, department of water and sewers; water and sewer board,
department of public welfare, and board of trustees of Jackson Memorial Hospital, respectively.
Sec. 23. - Department of off-street parking; off-street parking board.
- (a) There is hereby created and established as an agency and instrumentality of the City of Miami, a new department to be
named and known as the -"Department of Off -Street Parking of the City of Miami" (hereinafter sometimes called the
"department of off-street parking" or the "department"), and by that name it may sue and be sued, plead and be impleaded,
contract and be contracted =with and • have an official seal; provided, however, that the department shall not commence
• business or exercise any of the powers granted by this act.unless and until the city commission of the City of Miami shall by
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
ordinance declare the need for the department and for the off-street parking board of the City of Miami hereinafter created.
The department, which shall operate., and function under; the: supervisory.. control. of the board created and established in
subsection (b) hereof, shall consist of a chief executive officer to be known as the "director of the department of off-street
parking" (hereinafter sometimes called the "director of the -department" or -the "director") and such other officers and
employees as shall be necessary to exercise the powers and perform the duties and functions of the department.
(b) There is hereby created and established a board to be known as the "Off -Street Parking Board of the City of Miami"
(hereinafter sometimes called the "off-street parking board" or the "board") which shall consist of five members. Each member
of the board shall either reside or have his or her principal place of business in the city and shall be an individual of
outstanding reputation for integrity, responsibility and business ability, but no officer or employee of the city shall serve as a
member of the board while employed as such officer or employee of the city.
Within thirty days after the city commission shall have adopted an ordinance declaring the need for the department and
for the board, it shall appoint the members of the board, two of whom shall hold office for a term of two years, two of
whom shall hold office for a term of three years, and one of whom shall hold office for a term of four years, and
thereafter each member shall be appointed for a term of five years, as herein provided.
At least twenty days prior to the date of expiration of the term of any member of the board, or within ten days after the
death, resignation or removal of any such member, such member's successor shall be named and appointed by the
remaining members of the board, subject to confirmation by the city commission of the city. In the event that any
appointment so made shall not be confirmed by the city commission within ten days after notice of such appointment
has been served upon the city commission, the appointment shall be null and void, and thereupon the remaining
members of the board shall make a new appointment, or appointments, which shall likewise be subject to confirmation
by the city commission and each member of the board shall be eligible for reappointment. The successor in each case
shall be appointed and shall hold office for a term of five years from the date of expiration of the term of his or her
predecessor, except that any person appointed to fill a vacancy shall serve only for the unexpired term.
Upon the effective date of his or her appointment, or as soon thereafter as practicable, each member of the board shall
enter upon his or her duties, but before doing so he or she shall take the oath prescribed by law and shall execute a
bond in the penal sum of ten thousand dollars ($10,000.00) payable to the department and conditioned upon the faithful
performance of the duties of his or her office, which bond shall be approved by the city commission of the city and filed
with the city clerk, the cost of the premium on any such bond to be treated as part of the cost of operating the
department.
The members of the board shall each be paid a salary of fifty dollars ($50.00) per annum, or such larger sum as the city
commission may establish by ordinance, payable in monthly installments.
Any member of the board may be removed by the city commission of the city for good cause and after proper hearing
by the city commission, but if so removed, may apply to the Circuit Court of the Eleventh Judicial Circuit in and for Dade
County, Florida, for a review of the action of the city commission.
(c) The board shall have the powers, duties and responsibilities customarily invested in the board of directors of a private
corporation, and shall exercise supervisory control over the operation of the off-street parking facilities of the city, and all acts
of the department and of the director with respect to such facilities shall be subject to the approval of the board. The board
shall elect one of its members to serve as chair of the board, shall make appropriate rules and regulationsfor its own
government and procedure; and shall hold a regular meeting at least once a month and such special meetings as it may deem
necessary, and all such meetings shall be open to the public.
(d) From and after the date of appointment of the first member of the board, the department shall operate, manage and
control the off-street parking facilities of the city and all properties pertaining thereto now owned or hereafter acquired or
"constructed by the city or by the department and shall succeed to and exercise all powers vested in and succeed to and
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PART I - CHARTER AND RELATED LAWS
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perform all functions and duties imposed upon the department of off-street parking of the city by and under the provisions of
this act.
Upon the adoption by.the city commission of an .ordinance declaring the need for the department and the board, all
powers, functions and duties relating to such off-street parking facilities and properties pertaining thereto then vested in
the city or any of its departments officers, including but not limited to the exercise of the power of eminent domain, shall
be and are hereby transferred to the department, and all books, records and papers now existing or hereafter acquired
in the operation and maintenance of said facilities or relating thereto shall be the property of and under the jurisdiction
and control of the department; provided, however, that nothing contained in this section shall be deemed to vest in the
department the power to establish and fix rates and charges for off-street parking service furnished by the off-street
parking facilities of the city or the power to issue revenue bonds. The department shall have full power and authority to
acquire, own, use, hire, lease, operate and dispose of real property and personal property and of any interest therein,
including the power to acquire by eminent domain proceedings lands or any interest therein and rights -of -way and
• easements upon,. in, along •or across any public street,• road or highway for the purpose of constructing, maintaining or
operating off-street parking facilities as shall be necessary in the judgment of the off-street parking board, and to make
and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties and
functions with respect to the operation, management and control of said facilities, and to promulgate and enforce
appropriate rules and regulations governing the utilization of the services of the off-street parking facilities of the city.
(e) The director shall be appointed by and shall hold office at the will of the board. Such person shall be of good moral
character and have an excellent reputation for integrity, responsibility and business ability, but no member of the board shall
be eligible for appointment as director. The director shall receive such salary, payable to him or her in equal semi-monthly
installments, as shall be fixed by the board. Before entering upon his or her duties, the director shall take any oath and
execute any bond prescribed by law. The director shall act as the chief executive officer of the department, shall devote his or
her entire time and attention to the duties of his or her office and shall not engage actively in any other business or profession.
Subject to the direction and approval of the board, the director shall have general supervision over and be responsible for the
operation and maintenance of the off-street parking facilities of the city and shall exercise the powers vested in and perform
the functions and duties imposed upon him or her as herein provided. The director shall attend all meetings of the board, shall
furnish to the board and the city commission of the city a monthly report with respect to the operation, maintenance and
financial condition of the department of off-street parking, and shall from time to time have prepared and shall furnish such
reports, audits and other information relating to said facilities as may be required by the board.
In the event that the director shall for any reason be temporarily incapable of exercising the powers and of performing
the duties and functions of his or her office, the board may appoint an acting director to exercise such powers and to
perform such functions and duties until such incapacity of the director shall be terminated.
(f) Subject to the approval of the board, the director shall employ such additional executive and operating assistance,
including engineering and other experts and professional assistance, as shall be necessary to provide for the efficient
operation of the department. Included in the personnel to be employed, there shall be the following subordinate officers whose
positions shall be in the unclassified service of the city:
(1) A treasurer, who shall perform the functions and duties customarily performed by the treasurer of a private
corporation.The treasurer shall be responsible for all funds of the department, for all accounts and accounting records
relating to the department and its operation, and for the preparation of all checks and vouchers requisite to the operation
of the department.
-A secretary, who shall perform the functions and duties customarily performed by the secretary of a private
_corporation.' The secretary shall have charge and custody of the official seal and of all books, records, documents and
papers of the department other than those required to be in the custody of the treasurer. He or she shall attend in
person all meetings of the board, and shall keep.a.correct record.of all the proceedings of the board, and shall perform
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such other duties as may be assigned to him or her as secretary by the board.
(g) The city attorney shall act as general counsel for the department and for the board in all matters of law which may arise,
and shall prosecute or defendallsuits ,brought.by.or.against,the city or the department or the board which relate to the off-
street parking facilities of the city. Special counsel as shall be deemed necessary by the city attomey may be employed by the
director subject to the approval of the board, city attorney and city commission. Such special counsel shall serve under the
direct supervision and control of the city attorney.
(h) All budgets, funds and accounts pertaining to the off-street parking facilities of the city shall be segregated from all other
budgets, funds and accounts of the city and shall be so kept that they shall reflect the financial condition and the operation of
each off-street parking facility of the city separately. Not later than one month before the end of each fiscal year the director,
with the approval of the board, shall prepare and submit to the city commission of the city a budget estimate of expenditures
and revenues for the ensuing fiscal year in the same form and like manner as all other departments of the city for approval by
the city commission with the exception, however, that such budget estimate will be submitted directly to the city commission of
the city for its approval.
(i) All expenses incurred by the department and by the board in exercising their powers and performing their functions and
duties shall be paid solely from the revenues of the off-street parking facilities of the city and no liability or obligation not
payable from the revenues of said facilities shall at any time be incurred in connection with the operation thereof.
(j) Should there occur in any fiscal year an excess of revenue over expenditures required for operation, maintenance,
required reserves and debt service, then such excess revenues shall, subject to the provisions of any ordinance of the city
commission of the city authorizing the issuance of parking facilities revenue bonds of the city, and to the provisions of any trust
indenture or trust agreement securing such bonds, be paid into the general funds of the city.
(k) All powers and rights conferred by this section shall be in addition and supplemental to those conferred by any other
general or special law and shall be liberally construed to effectuate the purposes hereof; and the department and the board
shall have power, in addition to exercising the powers expressly conferred in and by this section, to do all things necessary or
convenient to carry out the purposes hereof.
(Laws of Fla., ch. 30997(1955); Res. No. 88-535, 6-9-88/9-6-88; Res. No. 01-843, § 2, 8-9-01)
Sec. 24. - Department of public safety.
The head of the department of public safety shall be known as the director of public safety.
Subject to the supervision and control of the city managermayor in all matters, the head of the department of public safety
shall be the executive head of the division of police and fire. He or she shall be the chief administrative authority in all matters
pertaining to the erection, maintenance, repair, removal, razing, occupancy and inspection of buildings under such regulations
as may be ordained by the city commission.
(a) Division of police. The police force shall be composed of a chief and such officers and other employees as the
city managermayor may determine. The chief of police shall have the immediate direction and control of the police
force, subject to the supervision of the director of public safety, and to such rules, regulations and orders as the said
director may prescribe, and through the chief of police, the director of public safety shall promulgate all orders, rules and
regulations for the government of the police force. The chief of police shall devote his or her entire time to the discharge
of his or her official duties and shall not be absent from the city except in the performance of his or her official duties,
unless granted a °written leave of absence by sthe cityager mayor. His or her office shall be kept open at all hours,
day or night, and-eitherthechief of police or a subordinate shall be in constant attendance. In case of the disability of
the chief of police by reason of sickness, absence from the city or other cause, the director -of public safety shall
- designate one of the captains or lieutenants of police to act as chief. of police during such disability, and the officer so
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PART I - CHARTER AND RELATED LAWS
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designated shall serve without additional compensation. The members of the police force, other than the chief, shall be
selected from the list•of,eligibles.prepared;;by.'the.civil service board, and in accordance with such rules as the said
board may prescribe; provided, that in case of riot or emergency, the director of public safety may appoint additional
patrolmen and officers for temporary service, who need not be in the classified service. Each member of the police
force, both rank and file, shall have receive a warrant of appointment signed by the city managermayor, or his designee,
in which the date of the appointment shall be stated, and such shall be that member's commission.
No person, except as otherwise provided by general law or this Charter, shall act as special police or special
detective except upon written authority from the director of public safety. Such authority, when conferred, shall be
exercised only under the direction and control of the chief of police and for a time specified in the appointment.
The members of the police force of said city shall be invested with all the power and authority necessary for
enforcing the ordinances of said city.
The chief of police or any police officer of the City of Miami, may arrest without warrant, any person violating any
of the ordinances of the city committed in the presence of such officer, and when knowledge of the violation of
any ordinance of said city shall come to the said chief of police or police officer, not committed in his or her
presence, he or she shall make affidavit before the judge or clerk of municipal court against the person charged
with such violation, whereupon, said judge or clerk shall issue a warrant for the arrest of such person.
(b) Division of fire. The fire force shall be composed of a chief and such other officers, firemen and employees as the city
managermayor may determine. The fire chief shall have immediate direction and control of the said department, subject to the
supervision of the director of public safety and to such rules, regulations and orders as the said director may prescribe and
through the fire chief the director of public safety shall promulgate all orders, rules and regulations for the government of the
fire department.
The members of the fire department, other than the chief, shall be appointed from the list of eligibles prepared by
the civil service board and in accordance with such rules and regulations as may be prescribed by said board;
provided, that in case of riot, conflagration or emergency, the director of public safety may appoint additional
firemen and officers for temporary service who need not be in the classified service.
The chief of the fire department and his or her assistants are authorized to exercise the powers of police officers
while going to, attending or. returning from any fire or alarm of fire. The fire chief and each of his or her assistants
shall have issued to him or her a warrant of appointment signed by the city managermayor, or his designee, in
which the date of his or her appointment shall be stated, and such warrant shall be his or her commission.
Whenever any building in said city shall be on fire, it shall be lawful for the chief of the fire department to order
and direct such building or any other building which he or she may deem hazardous and likely to communicate
fire to other buildings, or any part of such buildings, to be pulled down or destroyed and no action shall be
maintained against said chief or any person acting under his or her authority therefor.
(Res. No. 01-843, § 2, 8-9-01)
Editor's note— This section and sections 25 and 26 were purportedly repealed by chapter 27719, Special Acts of
-1951. However, that act, together: with chapters 27720 and 27721, which established the departments of police and fire,
was held invalid in the case of City of Miami v. Headley, 61 So. 2d 321, and, consequently, this section and sections 25
-and 26 remained in effect: Also, chapter 27722, Special Acts of 1951, which added a section creating the department of
cominunicatioris,`is deemed to -have been held invalid by implication by the same case and has been omitted.
Although this section has never been expressly repealed, the department of public safety and all divisions thereof were
discontinued pursuant to the exercise of•the authority contained in. the provisions of charter section 19 (Laws of Fla., ch.
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
21391(1941)) by the adoption of ordinances establishing separate departments of fire, police and communications.
Sec. 25. - Supervision in divisions of police and fire.
The chief of police and fire chief shall have the right and power to suspend any of the officers and employees in their
respective division who may be under their management and control for incompetence, neglect of duty, immorality,
drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. If any officer or
employee be suspended as herein provided, the chief of the division concemed shall forthwith in writing certify the fact
together with the cause of suspension, to the director of public safety, who shall render judgment thereon, which judgment, if
the charge be sustained, may be a reprimand, fine, suspension, reduction in rank or dismissal.
The director of public safety in any investigation shall have the power to administer oaths and secure the attendance of
witnesses and the production of books and papers.
The employee shall be allowed the same appeal procedure as set forth in section 36(f) of the Charter, provided, however, in
the event the offices of city managermayor and director of public safety are held by the same person, the city managermayor-
director of public safety, before passing upon the guilt or innocence of the person suspended, may authorize the civil service
board to conduct a hearing upon the suspension charges preferred by the chiefs of fire or police and to report its findings and
recommendations back to said city managermayor-director of public safety. The city managermayor-director of public safety
then shall pass judgment upon the person suspended, after considering the findings and recommendations of the civil service
board.
(Laws of Fla., ch. 24695(1947); Res. No. 01-843, § 2, 8-9-01)
Editor's note— See the editor's note following § 24. Also, although this section has never been expressly repealed, the
department of public safety and all divisions thereof were discontinued pursuant to the exercise of the authority
contained in the provisions of charter section 19 (Laws of Fla., ch. 21391(1941)) by the adoption of ordinances
establishing separate departments of fire, police and communications.
Case law reference —In Rosenfelder v. Huttoe, 156 Fla. 682, 24 So. 2d 108, a mandamus proceeding by a civil service
member of the police force, arising before the amendment, to cancel an order dismissing him from the division of police,
it was held that while a court might not under all circumstances substitute its judgment for that of the director, it was
competent to determine whether jurisdictional charges. were brought against accused and whether or not the
requirements of the charter preliminary to his suspension were complied with.
Sec. 26. - f Reserved.l
judgment thereon, which judgment shall be final.
Editor'ssnote See note to 2
Case law refere e�Thic sectir
police. Bryan v. Landis, 106 Fla. 19, 1/12 So. 650, 653.
moving the chief of
I, I
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PART I - CHARTER AND RELATED LAWS
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a removal, but, if the judgment of the commic.,ion is in the negative; the suspension ^ease✓, and he is eo instante
rein tated Bryan v I andin 106 Cl 10 112 So FG0 653
discontinued. Subsequent ordinances established a depa+#mont of police and department of fire with each department
accordance with the provisions set forth in this charter.
Sec. 27. - Finance, department of finance.
(a) Department director. Subject to the supervision and control of the city managermayor, the director of finance shall have
charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision
of all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the
custody and disbursement of city funds and monies, the control over expenditures, and such other duties as the city
managermayor may direct.
(b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance
showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial
reports rendered to or by the department of finance shall be prescribed by the director of finance with the approval of the city
manager.mayor. The accounts and accounting procedure of the city shall be consistent with the pronouncements of the
Governmental Accounting Standards Board and accounting principles as generally accepted in the United States.
(Res. No. 01-843, §R 2, 8-9-01)
Secs. 27-A-28. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August-9, 2001, repealed §§ 27-A-28 in their entirety. Formerly, §§ 27-
A-28 pertained to limitation as to levy of ad valorem taxes for public library and library systems; levy of taxes; tax
assessor; board of equalization; assessor to have power of county assessor, general assessment roll; signing and
endorsing general assessment roll, return and presumption of validity; copy of assessment roll annexed to warrant
commanding collection; state law as to taxes applies; discounts if taxes paid before certain time; when taxes become
delinquent, interest rates on delinquent taxes; tax certificates, interest rate thereon; and chief procurement officer,
respectively.
Sec. 29-A. - Contracts for, unified development projects, and real property; safeguards.
(a) Unified development projects. A unified development project shall mean a project where an interest in real property is
owned or is to be acquired by the city, is to be used for the development of improvements, and as to which the city
commission determines that for the development of said improvements it is most advantageous to the city to procure from a
private person, as defined in the Code of the City of Miami, one or more of the following integrated packages:
(1) planning and design, construction, and leasing; or
(2) planning and design, leasing, and management; or
(3) planning and design, construction, and management; or
(4) planning and design, construction, leasing, and -management.
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So long as the person from whom the city procures one of the above -mentioned integrated packages provides all of the
functions listed for that.package, such .person need.not,provide each listed function for the entire unified development
project nor for the same part of the unified development project.
As many members of the public having expertise in the field of real estate development or in other relevant technical
areas or who reside within the vicinity of a proposed unified development project site as deemed appropriate by the city
managermayor shall be invited by the city managermayor to provide input during the preparation of documents for
competitive processes of the unified development project.
If deemed appropriate by the city managermayor, the unified development project process shall include a request for
qualifications process prior to the issuance of a request for proposals. Qualifications shall be evaluated by the city
managermayor or designee(s) and only those deemed qualified in accordance with the specified evaluation criteria shall
be invited to participate in the subsequent request for proposal process for said unified development project.
Requests for proposals for unified development projects shall generally define the nature of the uses the city is seeking
for the unified development project and the estimated allocations of land for each use. They shall also state the
following:
(1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to
the unified development project;
(2) the specific evaluation criteria to be used by the below -mentioned certified public accounting firm;
(3) the specific evaluation criteria to be used by the below -mentioned review committee;
(4) the extent of the city's proposed commitment of funds, property, and services;
(5) the definitions of the terms "substantial increase" and "material alteration" that will apply to the project pursuant to
subsection (e)(4) hereof; and
(6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e)(4),
below.
After public notice there shall be a public hearing at which the commission shall consider:
(1) the contents of the request for proposals for the subject unified development project;
(2) the selection of a certified public accounting firm, which shall include at least one member with previous
experience in the type of development in question; and
(3) the recommendations of the mayor for the appointment of persons to serve on the review committee.
Said review committee shall consist of an appropriate number of city officials or employees and an equal number plus
one of members of the public, whose names shall be submitted by the city managermayor no fewer than five days prior
to the above -mentioned public hearing.
At the conclusion of the public hearing the city commission shall authorize the issuance of a request for proposals, select a
certified public accounting firm, and appoint the members of the review committee only from among the persons
recommended by the city manager.mayor.
The procedure for the selection of an integrated package proposals shall be as follows:
(1) all proposals shall. be analyzed by a certified public accounting firm appointed by the commission based only on
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said
certified public accountingfirm shall,render,awritten.report ..of its findings.to.the city manager.mayor, or his designee.
(2) the review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review
committee contained in the request for proposals. Said review committee shall render a written report to the city
managermayor of its evaluation of each proposal, including any minority opinions.
(3) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of
the aforementioned review committee, the city managermayor shall recommend one or more of the proposals for
acceptance by the city commission, or alternatively, the sits--managermayor may recommend that all proposals be
rejected. If there are three or more proposals and the city managermayor recommends only one, or if the elty
managermayor recommends rejection of all proposals, the city managermayor shall state in writing the reasons for such
recommendation.
In transmitting his or her recommendation or recommendations to the commission, the city managermayor shall
include the written reports, including any minority opinions, rendered to by the aforementioned certified
accounting firm and review committee.
(4) all contracts for unified development projects shall be awarded to the person whose proposal is most
advantageous to the city, as determined by the city commission.
The commission may accept any recommendation of the Gity—ma-nagermayor by an affirmative vote of a majority of its
members. In the event the commission does not accept a proposal recommended by the city managermayor or does not
reject all proposals, the commission shall seek recommendations directly from the aforementioned review committee, which
shall make a recommendation or recommendations to the commission taking into account the report of the aforementioned
certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals.
After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority
of its members:
(1) accept any recommendation of the review committee; or
(2) accept any previous recommendation of the city managermayor; or
(3) reject all proposals.
All contracts for unified development projects shall be signed by the city managermayor or designee after approval thereof by
the commission. The city managermayor or designee shall be responsible for developing a minority procurement program as
may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development
projects. The provisions of this charter section shall supersede any other charter or code provision to the contrary.
(b) Sales and leases of real property; prohibition. Except as otherwise provided in this section, there shall be no sale,
conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-
street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given
to the public to compete for said real property or interest. Any such sale, conveyance, or disposition shall be conditioned_ upon
compliance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; and any
restrictions that may be• imposed by the city, the department of off-street parking, or the downtown development authority, as
appropriate. Further, --no right, title, or interest' shall vest in the transferee of such property unless the sale, conveyance, or
• disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board,
or the downtown development authority board of directors. The city commission or the off-street parking board or the
'downtown .development authority board of directors, as appropriate, may. by resolution waive the requirement of sale,
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
conveyance, or disposition to the highest responsible bidder by means of the following procedure: the city ►anagermayor, the
director of the off-street parking authority,or the director .of, the;downtown development authority, as appropriate, must make a
written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds of the city
commission after a properly advertised public hearing: When the requirement of sale, conveyance, or disposition to the
highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The
city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All
invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all
offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of
Florida, or to any political subdivision or agency thereof.
(c) Safeguards.
(1) All persons contracting with the city under this section shall be required to certify their compliance with the
antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for
any noncompliance by said persons with the above laws.
(2) All persons contracting with the city under this section shall be obligated to pay whichever is the greater of the
following: (i) all applicable ad valorem taxes that are lawfully assessed against the property involved or (ii) an amount to
be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a
profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract
that may be awarded under this section.
(3) Any proposal by a potential bidder or contractor that contemplates more than the estimated extent of the city's
proposed commitment of funds, property, or services shall be ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's commitment of funds, property, or services, or any material alteration of any
contract awarded under subsection (c) of this section shall entitle the city commission to terminate the contract after a
public hearing. Prior to such public hearing, the city commission shall seek and obtain a report from the city
managermayor and from the review committee that evaluated the proposals for the project, concerning the advisability
of exercising that right.
(Char. Amend. No. 3, 11-6-79; Ord. No. 9507, § 1, 10-28-82/11-2-82; Res. No. 86-656, § 2.a, 7-24-86/11-4-86; Res. No. 87-
678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01)
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, amended § 29-A in its entirety to read as herein set out.
Formerly, § 29-A pertained to contracts for personal property, public works or improvements, unified development
projects, and real property; safeguards. The historical notation has been retained for reference purposes.
Ord. No. 9489, adopted by the commission on Sept. 17, 1982, set forth Charter Amendment No. 1 for approval/rejection
at election on Nov. 2, 1982. On Oct. 28, 1982, Ord. No. 9507 amended the language of subsections (a) and (c) of § 53
as proposed by Ord. No. 9489. The election was to approve the language of Charter Amendment No. 1, as amended by
Ord. No. 9507. Subsequently, in light of Charter Amendment No. 2 of Nov. 3, 1987, the city attorney directed the codifier
to delete paragraph (ii) of subsection (d) as superseded by § 29-B.
Case law reference ---For case decided prior to enactment by Charter Amendment•No. 3- of 1979 -of a competitive
bidding requirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d 926. Said case held that
competitive bidding is not required to lease city real estate.
Material variance between plans bid upon and plans submitted and adopted renders contract void, Glatstein v. City of
Miami, 399 So. 2d 1005.
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Subpart A - THE CHARTER
Sec. 29-B. - City -owned property sale or lease —Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the
city commission is prohibitedfrom favorably considering any sale ,or ,lease of property owned by the city unless there is a
return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably
considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city
commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a
daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals
from prospective purchasers or lessees, said advertisement to be no Tess than one-fourth (14) page and the headline in the
advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there shall have been at least three
(3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals
received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value
the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the
approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. In the case
of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds
within a single city -owned property shall not be considered as a single parcel of property for such valuation purposes) is five
hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city
commission, by a 4/5ths affirmative vote, may sell or lease said city -owned property after compliance with the advertisement
requirements set forth above but without the necessity of a referendum.
The above provisions and any other city requirements for competitive bidding shall not apply when:
(a) conveying property to implement housing programs or projects which are intended to benefit persons or
households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by
the city commission;
(b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969,
as amended;
(c) conveying property to implement projects of any governmental agency or instrumentality;
(d) disposing of property acquired as a result of foreclosure;
(e) disposing of property acquired 'in connection with delinquent taxes which properties were conveyed to the city by
the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended;
and
(f) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500
square feet or less or the subject non -waterfront property is non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths affirmative vote, may:
(a) grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the
necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not
exceed twenty-five percent'of the original term or ten years, whichever is less. The granting of such an extension is
subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in
default of its lease with the city nor in arrearage of any monies due the city; and
.---(b)• - amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp., d/b/a Rusty Pelican,
dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option
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Subpart A - THE CHARTER
to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at
least $360,000 per lease year effective Upon execution of the lease amendment, and (iii) require Rusty Pelican to
complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million,
within twenty-four (24)-months of the effective dateof the lease amendment.
(Res. No. 87-678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01; Res. No. 03-855, § 2,
7-24-03)
Sec. 29-C. - Same —Watson Island.
Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance,
lease or management agreement may be entered into for the management, occupancy or use of the area known as Watson
Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's
consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or
management agreement, published in a daily newspaper of general paid circulation in the city, allowing not less than ninety
(90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than
one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed
transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for selection of
proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions.
Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently
situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in
existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter
Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any
city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any govemmental agency
or instrumentality.
The city commission, by a 4/5tns affirmative vote, may authorize issuance of a license or concession agreement for a period
not exceeding one (1) year, without the necessity of a referendum, for the use of Watson Island.
(Res. No. 87-677, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01)
Sec. 29-D. - City -owned waterfront property; leases with nonprofit organizations; authorization to waive competitive
bidding and referendum requirements; terms of lease.
Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, the city commission is
authorized to waive all competitive bidding and referendum requirements, if applicable, when entering into a lease or
extending an existing lease with a nonprofit, noncommercial, water -dependent organization which provides or seeks to provide
marine -recreational services and/or activities to the community at any city -owned waterfront property, provided all of the
following conditions are met:
(A) The terms of the lease allow reasonable public access to the water and reasonable public use of the property,
and complies with all waterfront setback and view -corridor requirements set forth in the Charter and Code;
(B) The use is authorized under the then existing comprehensive plan of the city;
(0) ' The terms of the lease require that the property be used for public purposes only;
(D) The termsof- the lease -result in a return to the city based on fair market value pursuant to two (2) independent
appraisals; and
°'(E) The 'terms bf thelease,comply with ,all. requirements pertaining to membership prescribed by ordinance for
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organizations using city facilities.
(Res. No. 93-485, § 2, 7-22-93; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, 13 2, 8-9-01)
Secs. 30-35. - [Reserved.]
Editor's note— Res. No. 01-843, 13 2, adopted August 9, 2001, repealed §§ 30-35 in their entirety. Formerly, §§ 30-
35 pertained to local improvements, temporary bonds, general bonds, bond anticipation notes, execution of bonds, and
municipal court, respectively.
Sec. 36. - Civil service.
(a) Creation of board; appointment; terms of office; vacancies; rules and regulations. A civil service board of the city is
hereby created and established. There shall be five members constituting the said civil service board. Three shall be
appointed by the city commission, and two shall be elected by the employees of the city with civil service status, from said
employees with such civil service status. The two so elected shall become members of the board when confirmed by the city
commission. All members of the said civil service board shall serve for two years, and they shall take office as soon as
appointed and qualified. The city commission may remove any member of the board for cause, upon stating in writing the
reasons for the removal, after allowing him or her to be heard by the city commission in his or her own defense. Any vacancy
shall be filled by the city commission for the unexpired term. The city managermayor shall be authorized to prescribe the rules,
regulations, and procedure for the holding of election for the purpose of electing the two members of the civil service board by
the city employees with civil service status.
(b) Chairperson; examiner; subordinates. Immediately after appointment, the board shall organize by electing one of its
members chairperson. The board shall appoint a chief examiner who shall be a member of the board and who shall also act
as secretary. The board may appoint such other subordinates as may by appropriation be provided for.
(c) Unclassified and classified service. The civil service of the city is hereby divided into the unclassified and the classified
service.
(1) The unclassified service shall include:
(A) The city manager, his or hermayor's assistants; and commission assistants, and secretarial staff;
(B) The heads of departments, members of appointive boards, judges of the city court, the city clerk, chief of
police, chief of fire division, and the superintendent of communications division;
(C) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Directorof training in the fire division;
Battalion chiefs;
Chief of fire rescue;
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Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All attorneys employed by the city. The city attomey shall be the supervisor of all attorneys employed by the
city. The city attomey shall have exclusive authority regarding, but not limited to appointment, removal and salary
as to assistant city attorneys. The foregoing provisions of subsection (D) shall not apply to those attorneys in the
classified service of the city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city attorney to any applicable unclassified
position above, shall retain civil service rights in the position from which selected as may have accrued.
Personnel with permanent civil service rights appointed by the city managermayor to unclassified positions shall
retain said civil [service] rights in the position from which selected as may have accrued.
(2) The classified services shall include all positions not specifically included by _this Charter in the unclassified
service. There shall be in the classified service three classes, to be known as the competitive class, noncompetitive
class, and labor class.
(A) The competitive class shall include all positions and employment for which it is practicable to determine the
merit and fitness of applicants by competitive examinations.
(B) The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a
scientific, city managerial, professional, or educational character, as may be determined by the rules of the board.
(C) The labor class shall include ordinary unskilled labor.
(d) Rules; examinations; eligible lists; certification of vacancies. Subject to the approval of the city commission, the board
shall adopt, amend, and enforce a code of rules and regulations which shall have the force and effect of law providing for
appointment and employment in all positions in the classified service, based on merit, efficiency, character, and industry; shall
make investigations concerning the enforcement and effect of this article and of the rules adopted; and shall make an annual
report to the city commission. The chief examiner shall provide examinations in accordance with regulations of the board and
maintain lists of eligibles of each class of the services of those meeting the requirements of said regulations. Positions in the
classified service shall be filled from- such eligible lists upon requisition from and after consultation with the city
manager.mayor. When positions are filled, the employment officer shall so certify, by proper and prescribed form, to the
director of finance and to the director of the department in which the vacancy exists.
(e)
(f)
Promotion. The board shall provide uniform rules for promotion to all positions in the classified service.
Power of suspension, removal, fine, or demotion.
(1) Any officer or employee in the classified service may be removed, suspended, fined, laid off, or demoted by the
city managermayor or by the head of the department in which such person is employed, for any cause which will
promote the efficiency of the service; but such person must be furnished with a written statement of the reasons therefor
within five days from the date of the removal, suspension, fine, layoff, or demotion, and be allowed a reasonable time for
answering such reasons in writing, which answer shall be made a part of the records of the board, with the suspension
to -take effect as" of the -date such written statement is furnished. No trial or examination of witnesses shall be
--required except in the discretion of the city-maaagemayor or the head of the department. Any employee in the
- classified service who deems that he or she has been suspended, removed, fined, laid off, or demoted without just
'cause may, within 15 days of such action, request in writing a hearing before the civil service board to determine the.
reasonableness of-the-action..The board shall, within 30 days after appeal of the employee disciplined, proceed to hear
- such appeal. After hearing and considering the evidence for and against the employee, the board shall report in writing
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to the city managermayor its findings and recommendations. The city managermayor shall then sustain, reverse, or
modify the action of the department director. Any member of the civil service board and the director of personnel may
administer an oath to witnesses appearing before said board or before said director in an investigation, disciplinary or
appeal proceedings, and they shall have the power to issue witness subpoenas and to compel the attendance of
witnesses.
(2) The civil service board shall also have the right to remove or demote any official or employee in the classified
service upon written charges of misconduct made by any citizen, but only after reasonable notice to the officer or
employee and after a full hearing. It shall also be the duty of the board to fix a minimum standard of conduct and
efficiency for each grade in the service. Whenever it appears from the reports of efficiency made to said board for a
period of six months that the conduct or efficiency of any employee has fallen below such minimum standard, that
employee shall be called before the board to show cause why he or she should not be disciplined. If upon hearing no
reason is shown satisfactory to the board, the employee shall be removed, suspended, or demoted, as the board may
determine.
(g) Present employees. All persons in the employ of the city holding positions in the classified service, as established by
this Charter, at the time it takes effect, shall, unless their position is abolished, retain same until discharged, demoted,
promoted, or transferred, in accordance herewith.
(h) Certificate of board on payroll account necessary before payment of classified service member. The treasurer or other
public disbursing officer shall not pay any salary or compensation for service to any person holding a position in the classified
service unless the payroll or account for such salary or compensation bears the certificate of the board, by its secretary, that
the persons named therein have been appointed or employed and are performing service in accordance with the provisions of
this Charter and of the rules established thereunder.
(i) Investigations and hearings. In any investigation conducted by the board, it shall have the power to subpoena and
require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation and to
administer oaths to such witnesses.
(j) No discrimination in classified service. No person in the classified service or seeking admission thereto shall be
appointed, demoted, removed, or in any way favored or discriminated against because of political opinions or affiliations. No
person holding a position in the classified service shall take part in political management or affairs or in political campaigns
during city working hours or with personal property belonging to the city.
(k) Penalties. The civil service board, subject to the approval of the city commission, shall determine the penalties for the
violation of the civil service provisions of this Charter.
(I) Salaries of board and employees. The salaries of the civil service board and its employees shall be determined by the
city commission, and a sufficient sum shall be appropriated each year to carry out the civil service provisions of this Charter.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 37. - Pension funds.
(a) The city commission shall establish a fund or funds for the relief orpensionof persons in the classified service of the
city. The city commission, on behalf of the city, may receive gifts, devises, and bequests of money or property for the benefit
of such fund or funds; may make contributions of public money thereto on such terms and conditions as it may see fit; and
--shall °make rules and regulations for the management, investment, and administration of such fund or funds.
(b) The city commission shall have power to make contracts of insurance with any insurance company authorized to
�, u "� transact=business-in this state; -.insuring its -employees or any class or classes thereof under a policy or policies of group
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insurance covering life or health or accident insurance or any two or more of such classes of insurance and may contract with
any company granting annuities or pensions.and.authorized to transact business within the state for the pensioning of such
employees or any class or classes thereof; for any and all such purposes the city commission may appropriate the funds
necessary to pay premiums or charges incident:to the carrying on of such policies or contracts.
(Res. No. 01-843, §
2,8901)
Sec. 38. • City planning and zoning board.
(a) Comprehensive planning. The city commission is empowered to plan for the future development of the city and, as an
integral part of the planning process, to take all lawful actions necessary to implement plans made.
In furtherance of this authority, the city. commission may undertake continuing comprehensive planning programs and may
adopt comprehensive plans to guide the future development of the city in order to preserve and enhance the present
advantages of the city, to overcome present handicaps, and to prevent or minimize future problems. Continuing
comprehensive planning programs and comprehensive plans that may be adopted may include, but are not to be deemed as
limited to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
principles and policies to be followed in future development of the city;
location, relocation, and character of the various uses of land and water;
location, relocation, and character of public and private open spaces for recreation, amenity, and cultural life;
modes and means of travel and transportation;
location and character of public buildings, services, and facilities;
provision of necessary utilities;
conservation, rehabilitation, or replacement of housing;
density of population;
(9) methods and policies for encouragement of cooperation of private persons and groups in the accomplishment of
adopted comprehensive plans;
(10) taxing and financial arrangements and long-range capital improvement programs deemed necessary to implement the
planning program; and
(11) land -use control and regulatory measures and other instruments deemed necessary to accomplish the aims and
objectives of adopted comprehensive plans.
(b) - -Authority to implement comprehensive plans. The city commission is authorized to use all lawful powers conferred upon
the city to implement comprehensive plans that may be adopted and to provide for the status of such adopted plans.
Particularly,i but not in limitation thereof, the city commission is authorized to adopt and enforce:
- (1) - controls on the use of lands and waters;
(2) zoning of lands and waters;
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(3) regulations for the development or subdivision of land;
(4) building, plumbing, electrical, gas, fire, safety, sanitary, and other codes; and
(5) minimum housing codes.
(c) Creation of implementing boards. The city commission shall by ordinance create such appropriate board or boards as it
may deem necessary to carry out the functions as set out in subsections (a) and (b) above.
The city commission may by ordinance provide for the establishment and method of composition of the board or boards; the
number of members; the qualifications of members; the staggering of terms to insure board continuity; the method of filling
vacancies; the method of removal; the compensation, if any; the participation of altemate members, if any, in board business;
the general rules of organization, procedures, and conduct of business; the giving of notice and necessary public hearings on
matters relating to the functions of the board or boards; and other matters deemed necessary by the city commission to the
proper functioning of such board or boards.
The city commission may by ordinance make provision for the functions, responsibility, advisory or quasijudicial duties, and
authority of the board or boards created by the city commission. The city commission may by ordinance set out the standards
and limitations under which such board or boards shall operate; the relationship of the board or boards to each other, to the
city commission, or to the courts as provided by law; and the method of review of any decisions of such board or boards.
(d) Administrative support and appropriations. The city commission shall provide such administrative arrangements,
support, and appropriations as it may deem necessary to enable the board or boards established under this section properly
to perform their functions and meet their responsibilities and to insure that proper and necessary liaison is maintained between
them and with the city commission.
(e) Task forces or committees. The city commission may by resolution appoint task forces or committees to serve as
advisory or recommendatory agents to the board or boards established under this section on particular problems relating to
the areas of responsibility and authority of the particular board.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 39. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repealed § 39 in its entirety. Formerly, § 39 pertained to
franchises and public utilities —Ordinance requires four -fifths vote of commission; approval of ordinance by voters;
limitation on duration of grant.
Sec. 40. - Subdivisions.
(a) Plat requirements. Any owner of lots or grounds within the city who subdivides same for sale shall cause to be made an
accurate plat of said subdivision describing with certainty all grounds laid out or granted for streets or other public uses. Lots
intended for sale shall be numbered by progressive numbers or described by the squares in which situated, and the precise
length and width shall be given of each lot sold or intended for sale; such plat shall be subscribed by the, owner,
acknowledged before an officer authorized to take the acknowledgement of deeds, approved by the director of public works,
and recorded in the office of the clerk of circuit court in and for Dade County, Florida. No such plat shall be approved unless it
clearly•gives an accurate description of the property showing section corners or quarter -section corners or at least tying the
property to one or more sections or quarter -section corners or govemment monuments.
(b) Supervisor of plats.' The director of public works shall be supervisor of plats of the city and shall provide regulations
governing the platting of all lands so as to require ail streets and alleys to be of proper width, to be coterminous with adjoining
streets and alleys, and otherwise -to conform to the regulations prescribed. Whenever said director shall deem it expedient to
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plat any portion of territory within the city limits, within which the necessary streets or alleys have not already been accepted
by the city, so as to become public streets or alleys, or when any person plats land within the corporate limits or within two
miles thereof, the director of public works shall, if such plats are in accordance with the prescribed regulation, endorse his or
her written approval thereon. No plat subdividing lands within the corporate limits of the city or within two miles thereof shall be
entitled to record in the office of the clerk of the circuit court in and for Dade County, Florida, without such written approval.
(c) Streets or alleys not accepted unless laid down on plat. No streets or alleys except those laid down on the plats referred
to in this section and bearing the approval of the director of public works, as hereinbefore provided for, shall subsequently in
any way be accepted as public streets or alleys by the city, nor shall any public funds be expended in the repair or
improvement of streets and alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley
laid out by the city nor to streets, alleys, or public grounds laid out on a plat by or with the approval of the director of public
works.
(d) . Acceptance and confirmation of street or alley dedication. No streets or alleys hereafter dedicated to public use by the
owner of ground in the city shall be deemed a public street or alley, or under the care and control of the city commission,
unless the dedication be provided in the plat or by warranty deed or other instrument of grant; unless the grant be accepted
and confirmed by resolution passed for that purpose; and unless the provisions of this Charter relating to subdivisions shall
have been complied with.
(Res. No. 01-843, § 2, 8-9-01)
Secs. 41, 42. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repealed §§ 41 and 42 in their entirety. Formerly, §§ 41
and 42 pertained to conduct of a city business, compensation, duties, and oaths or officers and employees and power to
appoint boards or commissions of citizens, respectively, and derived from Res. No. 97-447, § 2, adopted July 2, 1997.
Sec. 43. - Continuity.
(a) All city ordinances, resolutions, and regulations in force at the time this Charter takes effect, and not inconsistent with
the provisions hereof, are hereby continued in force until the same shall be duly amended or repealed.
(b) Present officers and powers. All persons holding office in or employed by the city at the time this charter goes into effect
shall continue in such office or employment and in the performance of their duties until provisions shall have been otherwise
made in accordance with the provisions of this charter for the performance or discontinuance of the duties of any such office
or employment. When such provisions are made the term of any such officer shall expire, and the office shall be abolished.
The powers which are conferred and the duties which are imposed upon any officer, board, commission, or department of the
city under the laws of the state, shall, if such officer, board, commission, or department is abolished by this charter, be
thereafter exercised and discharged by the officer, board, or department upon whom are imposed corresponding functions,
duties, and powers under the provisions of this charter.
(c) Present contracts and proceedings. All rights, actions, proceedings, prosecutions, and contracts of the city or of any of
its departments or officers, pending or unexecuted when this charter goes into effect, and not inconsistent therewith, shall be
enforced, continued, or completed, in all respects, as though begun or executed hereunder.
(d) Present titles and' rights. • The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments,
"decrees; and choses in action held or owned by the city at the time of the adoption of this Charter shall continue.
(e)- Acts -under former -charters. All acts and proceedings of the commission or of any officer of the city done or taken
pursuant to the provisions of the previous city charter are hereby ratified.
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(Res. No. 01-843, § 2, 8-9-01)
Sec. 44. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repealed § 44. Formerly, § 44 pertained to suits against
the city.
Sec. 45. - General provisions.
(a) Codification of ordinances. The city commission may at any time appoint a person or persons and authorize them to
arrange and codify the ordinances of the city and to publish such codification in appropriate volume or volumes, which shall
become the laws of the city upon adoption by ordinance; provided, that in the exercise of the power by the city commission to
adopt said codification, it shall not be necessary to publish said codification, the publication of the ordinance adopting the
same being sufficient to make said publication binding as the law of the city.
(b) Record of ordinances; evidence. It shall be the duty of the city clerk to record all ordinances adopted by the city
commission within 10 days after their passage in a book kept for that purpose, properly indexed. A copy of any ordinance
therefrom, certified by the city clerk under the seal of the city, shall be received in evidence in all courts of this state.
(c) Ordaining clause. The ordaining clause of every ordinance shall be as follows: "Be It Ordained by the City Commission
of the City of Miami".
(d) Enumeration of powers not exclusive. The enumeration of particular powers in this Charter shall not be deemed or held
to be exclusive, but additional to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof; the
city shall have and may exercise all other powers which are now, or may hereafter be, possessed or enjoyed by cities under
the constitution and general laws of this state; and all the powers of the city, whether express or implied, shall be exercised
and embraced in the manner prescribed in this Charter, or when not so prescribed, then in such manner as may be provided
by ordinance or resolution of the city commission.
(e) General laws to apply. All general laws of the state, applicable to municipal corporations, heretofore or hereafter
enacted and which are not in conflict with the provisions of this Charter or with ordinances or resolutions hereafter enacted by
this city commission pursuant to authority conferred by this Charter shall be applicable to the city; provided, however, that
nothing contained in this Charter shall be construed as limiting the power of the city commission to enact any ordinance or
resolution not in conflict with the constitution of the state or with the express provisions of this Charter.
(f) Effect of state law and present ordinances. Nothing in this act shall be so construed as to alter, abolish, affect or amend
any of the laws of this state now in force or which may hereafter be enacted relative to towns and cities of the state
incorporated under the general law, nor any of the ordinances of the city now in force, except such as are in conflict with the
provisions of this Charter; all such laws and ordinances are hereby declared to be in full force and effect.
(g) Unconstitutionality of part of Charter. If any section or part of this Charter is declared invalid or unconstitutional, such
declaration shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Charter,
unless it clearly appears that such other section. or part is wholly and necessarily dependent for its operation upon the section
or part declared invalid or unconstitutional.
(h) Effective Date. This Charter shall take effect immediately upon being approved by a majority of the electors of the city
voting at an election called for the purpose of approving this Charter.
(Res. No. 01-843, § 2, 8-9-01)
State law reference— Minimum procedural requirements for adoption of ordinances, F.S. § 166.041.
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Secs. 46, 47. - [Reserved.]
Editor's note— Res. No. 01-843, § 2, adopted August 9, 2001, repealed §§ 46 and 47 in their entirety. Formerly, §§ 46
and 47 pertained to bureau of legal aid and credit to prisoners for work, costs in criminal prosecutions, respectively.
Sec. 48. - Office of independent auditor general.
(a) Created; responsibility. There is hereby created the Office and position of Independent Auditor General to provide the
.City Commission with independent oversight of audit and analytical functions of the City. The Office of the Independent
Auditor General shall report directly to the City Commission.
(b) Appointment, qualifications and term of Independent Auditor General. The city commission shall appoint an auditor, who
shall be a Certified Public Accountant, to serve as the director of the Office of the Independent Auditor General and to be
known as the Independent Auditor General ("IAG"). At the time of appointment, the IAG shall have and maintain an active
license, shall be certified under the public accountancy law in Florida, -shall have a degree in public administration or in lieu of
such degree shall have at least five years experience in public administration and shall have sufficient experience in
governmental accounting and auditing practices. The initial appointment shall begin January 1, 2000, and shall end with the
election in November 2001. Thereafter, the appointment shall be for a term of four (4) years. During the initial and any
subsequent term, the IAG shall be subject to suspension and/or removal by the city commission for incompetence, neglect of
duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause.
(c) Duties and powers. The IAG, shall be responsible to provide independent oversight of audit functions, and for the
performance of such other duties as may be assigned by the city commission or any member of the city commission. To the
degree necessary to fulfill the responsibilities of the office, the IAG shall have the power and authority to:
(1) Examine city audit functions and accounting systems, provide budget and legislative analysis, conduct financial,
operational, compliance, single act and performance audits of city government, officials, and independent agencies, with
reports submitted to the city commission as deemed necessary by the IAG or as may be required by the city
commission, from time to time, and copied to the administration.
(2) Have free and unrestricted access to city government employees, officials, records and reports and where
appropriate, require all branches, departments, agencies and officials of city government to provide oral and written
reports and to produce documents, files and other records.
(3) Render assistance to external auditors retained by the city commission. Such assistance shall belimited to
special audits or limited examinations ordered by the city commission.
(d) Staffing. The Office of Independent Auditor General shall be staffed by such professional assistants and support
personnel as shall be designated by the IAG and as are approved in the city's annual budget, as may be amended from time
to time by the City Commission.
(e) Establishment of operating procedures and responsibilities. The IAG may, from time to time, issue directives setting
forth the operating procedures to be followed and responsibilities to be discharged by the Office.
(Res. No. 99-608, § 2, 8-2-99; Res. No. 01-843, § 2, 8-9-01)
Sec. 49. - Office of the City Clerk.
(a) There is established the office of the city clerk. The director of the office of the city clerk shall be the city clerk. The city
clerk shall be appointed as provided in Charter section 4(e). The city clerk shall be the custodian of the seal of the city.
(b) The office of the city clerk shall the following duties:
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(1) Prepare and distribute notice of all public meetings as required by law and the minutes of such meetings;
(2) Be custodian of inactive, archived and vital records of the city and maintain a records management system;
(3) Conduct, supervise and certify all city elections;
(4) Be custodian of all legislation, lobbyist registration, contracts and bids;
(5) Perform such other duties as required in this Charter or as directed by the city commission.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 50. - Certain former Charter provisions to become ordinances.
All provisions of the present charter, Laws of Florida, ch. 10847 (1925), as amended and as compiled and printed in the Code
of Ordinances, 1996, which are not included in this Charter or amended by or inconsistent with this Charter shall become
ordinances of the city and continued in effect as ordinances and not new enactments and shall be subject to amendment or
repeal in the same manner as other ordinances of the city. The provisions of this Charter where they are the same as the
provisions in the former charter are to be considered continuations of the former charter provisions and not new enactments.
(Res. No. 01-843, § 2, 8-9-01)
Sec. 51. - Civilian investigative panel.
The city commission shall, by ordinance, create and establish a civilian investigative panel to act as independent citizens'
oversight of the swom police department, to be:
(A) Composed of an appointee of the chief of police who is not a City of Miami police officer, and exclusively of a
number of civilian members to be determined who shall be nominated by the public and appointed by the city
commission;
(B) Advised by independent counsel who is a competent member of the Florida Bar with at least seven years
membership in the Florida Bar and is generally knowledgeable in municipal law, and appointed by the panel with the
approval of the city attorney and with authority to remove by the. city attorney;
(C) Staffed with professional personnel including an "Independent Counsel," and operated on an annual approved
budget;
(D) Authorized with "subpoena powers" that may only be used upon the approval of the "Independent Counsel" and
in "consultation" with the state attorney of Miami -Dade County, further, the CIP may not confer immunity and must
advise all city employees appearing before it that no adverse consequences will result from the valid exercise of their
right to be free from self incrimination, further, all actions of the CIP shall not interfere with any pending or potential
criminal investigation or prosecution; and
(E) Authorized to:
(1) Conduct independent investigations of police misconduct,
(2) Review policies of the police department, and
(3)' " Make recommendations to the city-managermayorand/or directly to the police chief, to which a timely
written response shall be received within 30 days.
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
(Res. No. 01-844, § 2, 8-9-01)
Sec. 52. • Citizens' Bill of Rights.
(A) This government has been created to protect the governed, not the governing. In order to provide the public with full and
accurate information, to promote efficient administrative management, to make government more accountable, and to insure
to all persons fair and equitable treatment, the following rights are guaranteed:
1. Religion and Conscience. The City shall not interfere with the freedom of each person in the city to follow the
dictates of his or her own conscience concerning religious worship, nor shall the city support any religion.
2. Speech, Assembly and Press. The City shall not interfere with the rights: (i) of freedom of speech; (ii) of freedom
of the press; (iii) to petition the government, or (iv) to peaceable assembly.
3. -Unreasonable Searches and Seizures. The City shall -not authorize any unreasonable search or seizure.
4. Nondiscrimination. The City shall not, directly or indirectly, discriminate among persons because of race, color,
creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin,
political affiliation, gender identity and expression, or racial profiling. Nothing herein shall prevent the City of Miami from
remedying present discrimination or the present effects of past discrimination by a race -conscious affirmative action
program which is in compliance with the Constitution and laws of the United States of America and the State of Florida.
5. Environmental Protection. The City shall promote the right of the people to clean air, pure water, freedom from
excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment.
6. Natural Resources and Scenic Beauty. It shall be the policy of the City to conserve and protect its natural
resources and scenic beauty, which policy shall include the abatement of air and water pollution, and excessive and
unnecessary noise.
(B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami.
Such power necessarily carries with it responsibility of equal magnitude for the successful operation of govemment in the City.
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.
(C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County Circuit
Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the
court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his or
her office or employment.
(D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general
laws of Florida or the provisions of the Florida Constitution. If any part of this article shall be declared invalid, it shall not affect
the validity of the remaining provisions.
(Res. No. 07-0625, § 2, 10-25-07)
-. --- I2► Amehdments to -the chaiter'are iridicated'by parenthetical history notes following amended provisions. The absence
of a history note indicates that the provision remains unchanged from the original. Obvious misspellings have been
corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state
statutes has been used. Additions made for clarity are indicated'by brackets.
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PART I - CHARTER AND RELATED LAWS
Subpart A - THE CHARTER
(2) County Charter reference —Municipal charters, § 5.03.
(2) State Law reference— Home rule powers of municipalities generally, F.S. § 166.021; charter amendments, F.S. §
166.031.
(4) Note— Transfer of the operations of the city's department of water and sewers to Metropolitan Dade County was
authorized by Res. No. 73-225, adopted March 22, 1973.
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