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Ordinance
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3500 Pan American Drive
Miami, FL 33133
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File Number: 17215 Final Action Date: 2/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER
38/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/BAYFRONT
PARK MANAGEMENT TRUST" IN ITS ENTIRETY TO ABOLISH THE
BAYFRONT PARK MANAGEMENT TRUST ("TRUST"); AMENDING CHAPTER
38 OF THE CITY CODE, TITLED "PARKS AND RECREATION" TO ESTABLISH
A NEW ARTICLE III, TITLED "DIVISION OF BAYFRONT PARK AND MAURICE
FERRE PARK" CREATING A DIVISION OF THE DEPARTMENT OF PARKS
AND RECREATION AND PROVIDING FOR THE CITY OF MIAMI ("CITY") TO
MAINTAIN, OPERATE AND MANAGE THE BAYFRONT PARK AND MAURICE
FERRE PARK; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2
TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY" TO REMOVE REFERENCES TO THE TRUST; FURTHER
AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 TITLED
"FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND
EXCLUSIONS" TO REMOVE REFERENCES TO THE TRUST; FURTHER
AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 TITLED "STREETS AND
SIDEWALKS/IN GENERAL/ PLACING SIGNS, ADVERTISEMENT, OR
DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR
SIDEWALK SURFACE" TO REMOVE REFERENCES TO THE TRUST;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, the Bayfront Park Management Trust ("Trust") is a limited agency and
instrumentality of the City of Miami ("City"), established under Section 38-101 of the Code of the
City of Miami, Florida, as amended ("City Code") for the purpose of directing, operating,
managing and maintaining all aspects of the City -owned property known as Bayfront Park, for
the purposes of ensuring maximum community utilization and enjoyment; and
WHEREAS, the City previously adopted Resolution No. 94-204, which provided for the
Trust to assume control and take responsibility for the operation and maintenance of Maurice
Ferre Park; and
WHEREAS, Section 38-114 of the City Code provides that the City Commission may
abolish the Trust by the affirmative vote of three (3) City Commissioners, at which time the
powers and duties of the Trust shall revert to the City and the City shall resume responsibility for
the maintenance, operation and management of Bayfront Park; and
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WHEREAS, the abolishment of the Trust will render the delegation of authority for
Maurice Ferre Park granted pursuant to Resolution No. R-94-204 void and of no further force or
effect; and
WHEREAS, the City Commission has determined that any funds currently budgeted,
allocated, appropriated, received, or contributed for the management, maintenance, and
operations of the Park should be transferred to the City to be held in a restricted special revenue
account solely for the maintenance, operation and management of Bayfront Park and Maurice
Ferre Park; and
WHEREAS, the City Commission has determined that the City should assume any
contracts related to the management, maintenance, and operations of the Bayfront Park and
Maurice Ferre Park;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 38/Article III of the City Code is hereby repealed in its entirety as
follows:'
"CHAPTER 38"
PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38 101. Bayfront Park Management Trust created.
There is hereby created and established a limited agency and instrumentality of the city
to be known as the "Bayfront Park Management Trust." Use of the term "trust" in this article
shall mean the Bayfront Park Management Trust.
Sec. 38 102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city owned
property known as Bayfront Dark /hereinafter referrer! to as °park°\ for the purpoccs of ensuring
maximum community utilization and enjoyment. The trust shall endeavor to attract organized
activities and functions to the parks consistent with this purpose.
Sec. 38 103. Governing body.
(a) Composition; appointments; term of office.
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.
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{1) The trust shall consist of nine members appointed by the city commission.
A member of the city commission shall be the chairperson of the trust and the ninth
member thereof; five members shall be nominated individually, one each by the city
commissioners and four members shall be appointed at large by the city commission.
city and shall be an individual of outstanding reputation for integrity, responsibility and
commitment to serving the community. The chairperson of the trust shall have the power
to appoint all members serving on the various committees which the trust shall establish
from time to time.
{2) The term of the city commissioner serving as the ex officio voting member
and chairperson of the trust shall be reviewed by the city commission on or about June 1
of each calendar year resulting in the selection of a new chairperson or the
reappointment of the existing chairperson to serve as the chairperson of the trust.
3) Eacach member shaull be nar``i-red an I ted by trhe city coommisss ":'i�rrfor a
term of one year or until the nominating commissioner leaves office, whichever occurs
removal of any member of the trust shall serve only for the unexpired term.
{'I) The city commission shall appoint all other officers, including a secretary,
from among the trust's members. The chairperson shall serve for one year, and each
cuccccsor chairperson shall be c Gity 6ession in the manner set forth
in subsection (a`(is section.
{5) Duly appointed members of the trust may be referred to from time to time
as trustees.
{b) Oath. Upon the effective date of his/her appointment or ac coon thereafter as
practicable, each member of the trust shall enter upon his/her duties but before doing so he/she
shall take the oath prescribed by section ill(e) and (f) of the city Charter.
{c) Organization; indemnification.
{1) Quorum and voting. At all meetings of the trust, a majority of those
present at a properly noticed meeting shall constitute a quorum for the transaction of
busine-s, and each trustee shall have one vote on every irsue submitted to a vote of the
trust. The act of a majority of the trustees present at a meeting at which a quorum is
present shall be the act of the trust. The members of the trust shall make and adopt
bylaws and rules and regulations for the trust's governance and for the operation,
management and maintenance of the park.
{2) Meetings. The trust shall hold regular quarterly meetings and may hold
written minutes of the proceedings thereof shall be maintained by the trust. All actions
taken at the meetings of the trust shall be promptly and properly recorded. The official
city policies relating to the attendance of regular board meetings shall be applicable to
members of the trust.
{3) Protection from personal liability. The trust shall maintain officers and
directors liability insurance coverage at all times, in an amount and in a form satisfactory
to the city's insurance manager. To the extent such coverage does not apply, the city
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chall indcmnify thc trustees in thc same manner and to the same extent that it
indemnifies all other city advisory boards. Nothing in this section shall be construed in
any way to affect the laws relating to sovereign immunity.
Sec. 38 10/1 . Power oses and duties of the trust.
The trust shall have the power to do all things necessary to direct, manage and maintain
obligations.
Sec. 38 105. Appointment, term, qualifications, compensation, general powers and
responsibilities of the executive director.
There shall be an executive director who shall be appointed by the trust subject to city
commission approval. Additionally, each successor executive director shall be similarly
appointed and approved. After hiring an executive director, the trust shall submit monthly written
status reports on the trust's operations and expenses to the city commission. The executive
executive director. The executive director shall receive such salary as shall be fixed by the trust,
and approved by the city commission. The executive director shall take an oath before entering
upon a -defies. The executive director shall act as the chief executive officer of the trust.
Subject to the policy directives of the trust, the executive director shall have general supervision
the board. The executive director shall attend all meetings of the trust, shall furnish the trust a
required by the trust or the city. In the event that the executive director shall for any reason be
temporarily incapable of exercising the powers and performing the duties and functions of
his/her office, the city commission may appoint an acting executive director to exercise such
powers and to perform such functions and duties until such incapacity of the executive director
shall be terminated.
Sec. 38 106. Employment of a-sistants.
Subject to the policy directives of the trust and budget limitations, the executive director
shall employ such a-sistants as are nece-nary to provide for the efficient operation of the trust.
Sec. 38 107. Encouragement of private enterprise.
The trust shall, to the greatest extent it determines to be feasible, implement the
exercise of its powcrs in a manner which utilizes and encourages thc fullest and most active
participation and cooperation of private enterprise.
Sec. 38 108. Counsel.
The city attorney's office shall provide legal services to the trust as may be nece-nary
and requested by the trust.
Sec. 38 109. Approval of budget.
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{a) Effective immediately, the trust shall establish a fiscal year which coincides with
that of the City of Miami. The trust shall submit to the city commission, in a form acceptable to
the city manager, and no later than April 1 next preceding each fiscal „ear a to st burgot
delineating the financial responsibility of the city for certain categories including but not limited
to: insurance, security, utilities, capital improvements and maintenance. Nothing contained
herein shall be construed to prohibit the trust from submitting a supplemental budget to the
commission for approval.
(b) No expenditure shall be made in any given year without approval by the city
commission of the trust budget for that year.
{c) In conjunction with the submission of the budget, the trust shall submit a master
forthcoming fiscal year. The city commission may review and deny any item contained in the
master plan within 30 days from date of its submission by the trust.
An equipment use charge is hereby assessed on all private promoters of events or
be used to partially defray operational-eests of the Mildred and Claude Pepper Fountain. The
Trust executive director at fair market value and may be a separate charge or may be
incorporated as part of an unapportioned park user fee. This equipment use charge shall not be
applicablc for those events for which prior contractual relationships exist which have been
executive director.
Sec. 38 111. Annual report and audit.
{a) The trust shall submit to the mayor and city commission an annual report and an
annual audit. The audit shall be performed by an external auditor who is a certified public
accountant.
(b) Additionally, the city shall have the right to audit any books, accounts,
expenditures receivables and contracts of the trust at any time
Sec. 38 112. Contributions.
It is the intention of the city commission that the trust actively solicit contributions and
financial support from private busine-s interests and any other governmental authorities.
Sec. 38 113. Reservation of park use.
Bayfront Park shall be reserved 85 percent of the days of each fiscal year for free
acccss and use by the general public. This reservation of park use applies to Bayfront Park but
reservation of park use may be reduced or waived by the city commission for tcmporary cvcnts
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or for specific events when the city commission determines such reduction or waiver is in the
city's best interests.
Sec. 38 11/1. Abolition of trust.
The city commission, by an affirmative vote of three commissioners, may abolish the
dispensing of alcoholic beverages for special events, performances or programs.
(a) Notwithstanding any provision in the City Code to the contrary the Ba yfront Dark
Management Trust, or its executive director, on such special occasions and for such special
c-✓ents, performanccs or programs as deemed appropriate by said trust, or its executive
the permit fee specified in City Code subsection 38 70(g), the sale or dispensing of alcoholic
beverages in soft containers in the Clai de and Mildred Popper Ra yfront Dart
(b) Such sales or dispensing of alcoholic beverages are subject to compliance with
all applicablc statc and local laws, rules, regulations and with any special conditions set forth on
the application/permit form.
Sec. 38 Crriteria fa fordeniial or permits-Iooruse off Rayfront ar iffs facilities..
To the extent permitted by law, the trust may deny a permit for the use of its facilities if
the applicant, or the person on whose behalf the application is made, has on prior occasions
made material misrepresentations regarding the nature or scope of an event or activity
previously permitted or has violated the terms of prior permits issued to or on behalf of the
applicant.
The trust may also deny a permit on any of the following grounds:
{1) The application for permit (including any required attachments and
submissions) is not fully completed and executed;
{2) The applicant has not tendered the required application fee with the
application or has not tcndcrcd the rcquired user fee, use agreement or other type of
agrccmcnt, insurancc ccrtificatc, or sccurity deposit within the times prescribed by the
cxccutivc director;
{3)
('1)
The application contains a material falsehood or misrepresentation;
The applicant is legally incompetent to contract or to sue and be sued;
{5) The applicant or the person on whose behalf the application was made
or has other outstanding and unpaid debts to the trust;
{6) A fully executed prior application for the same time and place has been
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uses or activities which do not reasonably permit multiple occupancy of the particular
park or part hereof;
{7) The use or activity intended by the applicant would conflict with previously
planned programs organized and conducted by the trust and or the city and previously
cchcdulcd for the same time and place;
{8) The proposed use or activity is prohibited by or inconsistent with the
classifications and uses of the park or part thereof designated pursuant to this chapter;
{9) The use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant, or other users of the park,
of trust employees or of the public;
{10) The applicant has not complied or cannot comply with applicable
licensure requirements, ordina ces or regulates of the trust and or city concerning the
sale or offering for sale of any goods or services; and
{11) The use or activity intended by the applicant is prohibited by law, by the
City Charter, this Code, the zoning code and ordinances of the city, or by the regulations
of the trust.
Secs. 38 117 38 1 /15. Reserved.
Section 3. Chapter 38 of the City Code is hereby further amended in the following particulars:1
"CHAPTER 38"
PARKS AND RECREATION
ARTICLE III. DIVISION OF BAYFRONT PARK AND MAURICE FERRE PARK
Sec. 38-101. Division of Bayfront Park and Maurice Ferre Park created.
The Department of Parks and Recreation shall include a division of Bayfront Park and
Maurice Ferre Park, under the supervision of the Director of the Department of Parks and
Recreation and the City Manager. Use of the term "Division" in this Article shall mean the
Division of Bayfront Park and Maurice Ferre Park.
Sec. 38-102. Functions; Division Director.
The functions of the Division shall include the management, maintenance
and supervision of the day-to-day operations of the Bayfront Park and Maurice Ferre
Park (collectively referred to in this Article as the "Parks"), including but not limited to
the coordination and management of planning, development, and construction
efforts, and the planning and management of promotions, negotiations, and bookings
of special events as appropriate in the Parks. The Division trust shall endeavor to
attract organized activities and functions to the Parks consistent with this purpose.
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The Division shall have a director that shall oversee the functions of the
division and report to the Director of Parks and Recreation and the City Manager.
Sec. 38-103. Revenues.
All revenues generated at the Parks shall be restricted for the payment of costs and
expenses related to the management, supervision, improvement, and operation of the Parks.
Sec. 38-104. Reservation of Park Use.
Bayfront Park shall be reserved 85 percent of the days of each fiscal year for free
access and use by the general public. This reservation of park use applies to Bayfront Park but
not to any special purpose facility within it such as the amphitheater or vessel docks. This
reservation of park use shall not impair previously executed contracts. This reservation of park
use may be reduced or waived by the City Commission for temporary events or for specific
events when the City Commission determines such reduction or waiver is in the City's best
interests.
Sec. 38-105. Sale and/or dispensing of alcoholic beverages for special events, performances or
programs at Bayfront Park.
(a) Notwithstanding any provision in the City Code to the contrary, the City
Commission or City Manager as deemed appropriate by said City Commission, may permit,
upon execution of an application/permit form and upon payment in full of the permit fee
specified in City Code subsection 38-70(g), the sale or dispensing of alcoholic beverages in soft
containers in the Claude and Mildred Pepper Bayfront Park.
(b) Such sales or dispensing of alcoholic beverages are subject to compliance with
all applicable state and local laws, rules, regulations and with any special conditions set forth on
the application/permit form.
Secs. 38-106-38-145. Reserved.
*„
Section 4. Chapter 2/Article XI/Division 2 of the City Code is hereby further amended in
the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
*
DIVISION 2 STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. Quorum requirements; exceptions.
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(a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all
boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership.
The decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for
elsewhere in this Code.
Affordable Housing Advisory Committee
Audit Advisory Committee
Bayfront Park Management Tn st
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's Council on Global Competitiveness
Miami Arts and Entertainment Council
Miami Technology Council
Miami Commission on the Status of Women
Miami Forever Bond Program Citizens' Oversight Board
Parks and Recreation Advisory Board
Urban Development Review Board
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
(1) By February 15 of the year in which a board is to be reviewed, the city manager shall
deliver to the city commission the report submitted by the chairperson of each board
pursuant to section 2-890 hereinabove, together with any recommendation or comments
the city manager desires to submit.
(2) During the month of March of each year in which a board is to be reviewed, the
chairperson shall make an oral presentation to the city commission. Said presentation
shall be based on the report set forth in section 2-890 above. At the conclusion of the
oral presentation by the board's chairperson, any individual commissioner may request
the formation of a special purpose board, (hereinafter referred to as the "SPB"),
consisting of five members appointed by the city commission. The SPB shall evaluate
the chairperson's report, the city manager's recommendations and any other information
it deems relevant to determine whether the board being reviewed shall continue in its
present form. The SPB shall make a report to the full commission within 90 days.
(3)
At the conclusion of this review process, the city commission shall determine whether to
abolish, continue, consolidate or modify the board for the ensuing four years thereafter.
Nothing contained herein shall be construed to authorize the abolition, consolidation or
modification of any multijurisdictional board.
(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
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a. 1995:
4Bay-f-r-e-Rt-Park management trust.
1. 2 Citywide community development advisory board.
2. 3- Civil service board.
3. 4- Code enforcement boards.
4. 5- Equal opportunity advisory board.
*„
Section 5. Chapter 18/Article III of the City Code is hereby amended in the following
particulars:1
"CHAPTER 18
FINANCE
*
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-72. Application and exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance
monies and except as otherwise specified by law, the provisions of this article shall
apply to every purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, including the community
redevelopment agencies.
(2) The Downtown Development Authority, the department of off-street parking,
Liberty City Community Revitalization Trust, Civilian Investigative Panel, Bayfront
Park Management Trust, and the Virginia Key Beach Park Trust (each referred to
herein as the "board" or "city entity," as applicable); provided, however, that:
a. With respect to each board, the following terms shall have the meanings
ascribed to them in this section:
1. "City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
3. "Chief procurement officer" shall mean the executive director of the
board or his or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in
subsection 18-72(2) herein or the community redevelopment agencies.
*„
Section 6. Chapter 54/Article I of the City Code is hereby amended in the following
particulars:1
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"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 54-9. Placing signs, advertisement, or displays on any portion of public right-of-way, street
or sidewalk surface.
*
(h) (1) Notwithstanding any other prohibitions in this chapter to the contrary, the city may
place or contract for placement advertisements or displays on communication kiosks and
newsracks as described in chapter 54, article VII, within the public right-of-way or on
city -owned property when such advertisements or displays are part of a communication
kiosk program or a newsrack as described in chapter 54, article VII. Such
advertisements or displays will be permitted only when the communication kiosk
program or newsrack as described in chapter 54, article VII, is procured in a non-
exclusive manner and in accordance with chapter 18, article III of the City Code, titled
"City of Miami Procurement Ordinance," and subject to compliance with all applicable
permits, contracts, and competitive solicitation requirements, governmental reviews,
approvals, codes, rules, regulations, ordinances, statutes, and contract provisions. All
contracts for placement of advertisements under this section shall contain provisions for
a portion of the revenue to accrue to the city.
(2) The following definitions will apply to this section of the City Code:
Communication kiosk means a physical interactive device which disseminates
information to the general public such as, but not limited to, emergency, transit, special
event information, and advertisement information. Such device may be installed at a
maximum of one per square as defined in chapter 54, article IV of the City Code.
Communication kiosk program means an approved program by which the city generates
revenues and provides public services including but not limited to free wi-fi, resilience
components such as air quality sensors, and security features such as panic
functionality or a police panic button to protect the public welfare.
(3) The following requirements and limitations will apply to all advertisements and
displays authorized under this section:
a. Advertisements shall contain public interest messages on a minimum of one of every
eight intervals for the same time period as the advertisement posted.
b. Advertisements shall exclude tobacco products, firearm products, adult
entertainment products, and adult entertainment service establishments as those
terms are defined in Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), or any successor zoning ordinance.
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Alcohol may not be displayed on communication kiosks nor on newsracks between
the hours of 6:00 a.m. and 7:00 p.m. within 200 feet of any prior established school,
public library, museum, house of worship/religious institution, cemetery, youth center,
recreational center, youth organization, day care center, government office, public
park (except for parks managed by the Bayfront Park and Maurice Ferre
ParkManagement Trust), playground, amusement park, hospital, medical clinic,
senior or assisted living facility, or substance abuse/treatment program as measured
from the applicable kiosk or newsrack face to the nearest property line of a property
containing such a use.
*„
Section 7. 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 8. This Ordinance shall become effective immediately upon final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyk ng III, C ty ttor -y 2/4/2025
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.
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