HomeMy WebLinkAboutSummary Form SRDate: 01/14/2014
SECOND READING ORDINANCE
AGENDA ITEM SUMMARY FORM
FILE ID: 14-00044
Requesting Department: Procurement
Commission Meeting Date: 02/27/2014 District Impacted: All
Type: ❑ Resolution ® Ordinance n Emergency Ordinance El Discussion Item
❑ Other
Law Department
Matter ID No.
Subject: Ordinance amending Section 18-74, Cone of silence, to recognize the provisions of Section
286.0113, Florida Statutes.
Purpose of Item:
An Ordinance of the Miami City Commission amending Chapter 18, Article III, the City of Miami
Procurement Ordinance, more particularly by amending Section 18-74, Cone of silence, to recognize the
exemptions and requirements of Section 286.0113, Florida Statutes (F.S.), and to exclude from the cone
of silence portions of meetings held fully in accordance with the provisions thereof; containing a
severability clause and providing for an effective date
Background Information:
See attached.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost: N/A
Maintenance Cost: N/A
Total Fiscal Impact: N/A
CIP
N/A
Final Approvals
SIGN AND DATE)
Budget
Pis K Management
GIf
ranLng or receiving capital fundsN/A
•
Procuremen
Chief
Dept. Director
City Manager
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Background information:
Section 286.0113, Florida Statutes (F.S.), provides for general exemptions from the public
meeting requirements of Section 286.011, F.S., and Section 24(b), Article I of the State
Constitution.
Florida Statutes:
286.0113 General exemptions from public meetings.—
(1) That portion of a meeting that would reveal a security system plan or portion thereof
made confidential and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s. 24(b),
Art. I of the State Constitution.
(2)(a) For purposes of this subsection:
1. "Competitive solicitation" means the process of requesting and receiving sealed bids,
proposals, or replies in accordance with the terms of a competitive process, regardless of the
method of procurement.
2. "Team" means a group of members established by an agency for the purpose of conducting
negotiations as part of a competitive solicitation.
(b)1. Any portion of a meeting at which a negotiation with a vendor is conducted
pursuant to a competitive solicitation, at which a vendor makes an oral presentation as
part of a competitive solicitation, or at which a vendor answers questions as part of a
competitive solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State
Constitution.
2. Any portion of a team meeting at which negotiation strategies are discussed is
exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(c)1. A complete recording shall be made of any portion of an exempt meeting. No
portion of the exempt meeting may be held off the record.
2. The recording of, and any records presented at, the exempt meeting are exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides
notice of an intended decision or until 30 days after opening the bids, proposals, or final
replies, whichever occurs earlier.
286.011 Public meetings and records; public inspection; criminal and civil
penalties. —
State Constitution:
SECTION 24. Access to public records and meetings.—
(b) All meetings of any collegial public body of the executive branch of state government or of
any collegial public body of a county, municipality, school district, or special district, at which
official acts are to be taken or at which public business of such body is to be transacted or
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discussed, shall be open and noticed to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section 4(e), except with respect to meetings
exempted pursuant to this section or specifically closed by this Constitution.
The purpose of this ordinance is to ensure that these statutory exemptions do not conflict with
the City of Miami's Cone of Silence Ordinance.
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