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File ID: #7525
Ordinance
Emergency
Sponsored by: Manolo Reyes, Commissioner
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 35/ARTICLE VII OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "TRANSPORTATION TRUST FUND," MORE PARTICULARLY BY AMENDING
SECTION 35-254(A) OF THE CITY CODE BY CAPPING PAYMENTS INTO THE
TRANSPORTATION TRUST FUND; CREATING SECTION 35-255, TITLED
"DECLARED STATE OF EMERGENCY," TO AUTHORIZE THE CITY MANAGER TO
SUSPEND THE REQUIREMENTS OF SECTION 35-254(A) OF THE CITY CODE
DURING A FEDERAL, STATE, OR LOCAL DECLARED STATE OF EMERGENCY;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City of Miami File ID: 7525 (Revision:) Printed On: 5/2/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13908
File Number: 7525 Final Action Date: 6/25/2020
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 35/ARTICLE VII OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "TRANSPORTATION TRUST FUND," MORE PARTICULARLY BY AMENDING
SECTION 35-254(A) OF THE CITY CODE BY CAPPING PAYMENTS INTO THE
TRANSPORTATION TRUST FUND; CREATING SECTION 35-255, TITLED
"DECLARED STATE OF EMERGENCY," TO AUTHORIZE THE CITY MANAGER TO
SUSPEND THE REQUIREMENTS OF SECTION 35-254(A) OF THE CITY CODE
DURING A FEDERAL, STATE, OR LOCAL DECLARED STATE OF EMERGENCY;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared, on March 12, 2020,
that a State of Local Emergency ("Emergency") exists within the City in response to the Novel
Coronavirus ("COVID-19"); and
WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes,
the Mayor has declared several extensions to the Emergency in response to COVID-19; and
WHEREAS, the effects of COVID-19 continue to require extraordinary and immediate
actions by the City in order to protect the public's health, safety, and welfare; and
WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis ("Governor DeSantis")
promulgated Executive Order 20-52, as extended by subsequent orders, and declared a State
of Emergency in Florida in response to COVID-19; and
WHEREAS, COVID-19 is a natural emergency whose increasing financial effects are
being felt within the City and that on account thereof, there is reason to believe that it is
necessary to take whatever prudent action is necessary to ensure the health, safety, and
welfare of the City; and
WHEREAS, due to the effect of the Safer at Home orders promulgated by the federal
government, the State of Florida ("State"), Miami -Dade County ("County"), and the City,
numerous non -essential businesses have been required to close their doors, essential
businesses have experienced a dramatic reduction in related business activities, most City
facilities have been shut down, tourism in the City has been significantly reduced, revenue
generating events have been cancelled, and the fact that the public has heeded the call to
exercise proper social distancing and sheltered in place in their homes has significantly reduced
revenues the City generally receives; and
WHEREAS, at the April 23, 2020 City Commission meeting, the City's Office of
Management and Budget projected, based on March revenues and expenditures, that the City
will end Fiscal Year 2019-2020 with a net end -of -year deficit of $19.7 million; and
City of Miami File ID: 7525 (Revision:) Printed On: 5/2/2025
WHEREAS, on May 4, 2020, Governor DeSantis promulgated Executive Order 20-112,
implementing Phase 1 of Re -Open Florida to safely and strategically re -open the State;
however, said plan excluded, inter alia, the County; and
WHEREAS, on June 3, 2020, Governor DeSantis promulgated Executive Order 20-139,
implementing Phase 2 of Re -Open Florida to safely and strategically re -open the State;
however, said plan excluded, inter alia, the County; and
WHEREAS, pursuant to Section 252.38(3)(a)5.h., Florida Statutes, the City has the
power and authority to waive the procedures and formalities otherwise required of the City by
law pertaining to the appropriation and expenditure of public funds; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City residents, maintaining the financial integrity of the City, and for the
preservation of health, safety, welfare, and property of the public and the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 35, Article VII of the Code of the City of Miami, Florida, as amended
("City Code"), is further amended in the following particulars:1
"CHAPTER 35
ARTICLE VII. TRANSPORTATION TRUST FUND
Sec. 35-254. - Trust fund payments.
(a) Capital contribution. No less than 20 percent of any unrestricted one-time cash
payments to the city of $500,000.00 or more, including, but not limited to, payments
received through lease re -negotiations, money judgments from lawsuits, audit findings,
or any other lump sum payments, shall be reserved in this trust fund for capital or
acquisition costs associated with mass transit. The one-time payments for purposes of
this section shall not include reasonable costs and any capital replacement costs
associated with the transaction that resulted in the receipt of the one-time cash payment.
Additionally, 20 percent of all unrestricted cash contributions to the public benefits trust
fund, as defined in chapter 62, article XIV of the City Code and Section 3.14 of the Miami
21 Code, the zoning ordinance of the city, as amended, shall be reserved for the same
trust fund purpose, with the exception of the cash contributions to the public benefit trust
fund for affordable/workforce housing as defined in subsection 62-642(c) of the City
Code and Section 3.14.4(a)(3) of the Miami 21 Code. If any unrestricted one-time cash
payment to the city of $500,000.00 or more is to be paid in installments, the capital
contribution shall be no less than 20 percent of each installment as it is received by the
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 7525 (Revision:) Printed On: 5/2/2025
city. These funds may be carried over to the succeeding fiscal year. The total amount of
funds deposited into this trust fund shall be capped at $10,000,000.00. Any unrestricted
cash payments, or portions thereof, paid into the trust fund in excess of the
$10,000,000.00 cap shall be deposited into the City's general fund.
Sec. 35-255. Declared State of Emergency.
During a declared Federal, State, or Local State of Emergency for all or a portion of the City, the
City Manager is authorized to suspend the requirements of Section 35-254(a) of this Article in
order to ensure the continuity of services for the City's residents, to preserve and maintain the
financial integrity of the City, and for the preservation of the health, safety, welfare, and property
of the public and the City. The City Manager may suspend the requirements of Section 35-
254(a) retroactively to the date of the earliest declaration of a Federal, State or Local State of
Emergency. Said authority shall terminate upon the termination or expiration of the Federal,
State, and Local State of Emergency.
Secs. 35 255 35-256 — 35-280. - Reserved.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
sndez, ity Attor ey 6/12/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 7525 (Revision:) Printed On: 5/2/2025