HomeMy WebLinkAboutBack-Up from Law Department6/13/2016 Miami, FL Code of Ordinances
Sec, 1-8. - Amendments to Code,
(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be
numbered in accordance with the numbering system of this Code and printed For Inclusion in the Code,
When subsequent ordinances repeal any chapter, article, division, section or subsection or any portion
thereof, such repealed portions may be excluded from the Code by omission from reprinted pages,
(b) Amendments to any of the sections of this Code may be made by amending such sections by specific
reference to the section number of this Code in substantially the following language: "That section
of the Code of the City of Miami, Florida, is hereby amended to read as follows:...." The new
section shall then be set out in full as desired,
(c) If a new section not existing prior to the adoption of this Code is to be added, the following language may be
used: "That the Code of the City of Miami, Florida, is hereby amended by adding a section to be numbered
which sectlon reads as follows:..,." The new section may then be set out in full as desired.
(d) Every subsection, section, division, article or chapter desired to be repealed must be specifically repealed by
subsection, section, division, article or chapter number, as the case may be,
State Law reference-® Minimum procedure and requirements for enactment of ordinances, RS, § 166,041,
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Sec. 2-33. - Order of business and rules of procedure,
(a) The rules and regulations regarding the procedure of the city commission at all regular meetings are hereby
established and adopted,
(b) The first order of business shall be the approval of the minutes of the previous meeting. A copy of said
minutes shall be distributed to the mayor and each of the commissioners prior to the meeting to enable the
mayor and each commissioner to review the contents thereof.
(c) After approval of the minutes of the previous meeting(s), all business that shall come before the city
commission shall be taken up in the order as such items of business appear on the city commission agenda
in accordance with the following provisions:
(1) The agenda shall be prepared by the city manager in an appropriate form approved, from time to time,
by the city commission. Matters may be placed on the agenda by the mayor, any member of the city
commission, the city manager, the city attorney, the city clerk, and a city board as created by resolution
of the city commission or as defined in section 2-882 of this Code,
(2) Any member of the public shall be entitled to speak on any proposition before the city commission in
which the city commission may take any action through the presiding officer, Members of the public
shall be limited to the time limitations specified in subsection 2-33(i) of the City Code. The opportunity to
be heard need not occur at the same meeting at which the city commission takes official action on the
proposition, if the opportunity occurs at a meeting that is during the decision making process and is
within reasonable proximity in time before the meeting at which the city commission takes official
action. This does not prohibit the city commission from maintaining orderly conduct or proper decorum
in a public meeting,
(3) The requirements of subsection (c)(2) shall not apply to:
a, An official act that must be taken to deal with an emergency situation affecting the public health,
welfare, or safety, if compliance with the above requirements would cause an unreasonable delay in
the ability of the city commission to act, and
b. A ministerial act, including but not limited to, approval of minutes and ceremonial proclamations,
(4) Any member of the public shall be entitled to be scheduled on the agenda of a regular meeting of the
city commission for presentation of information and material to be considered by the commission
within the scope of the jurisdiction of the city commission after the city manager has communicated with
the member of the public and reviewed or investigated the member's issue, unless otherwise directed
by the mayor or a member of the city commission, If the city manager is able to resolve or remedy the
concerns of the member of the public, the member of the public may elect to withdraw the request to
appear before the city commission. If the matter is not or cannot be resolved or remedied by the city
manager, then, at the will of the member of the public, the request for appearance shall be scheduled on
the next available agenda and the city manager shall submit a report in the agenda packet detailing
actions taken to resolve or remedy the matter and administrative recommendations.
(5) The total number of items that may be scheduled on a regular city commission agenda shall not exceed
60 items.
(6) The lunch recess shall begin:
a. At 12:00 noon; or
b. At the conclusion of deliberations of the agenda item being considered at 12:00 noon; or
c. At the conclusion of statements made by the person who has been recognized to address the
commission immediately prior to 12:00 noon; or
d. At any time deemed appropriate by the city commission,
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(7) The city commission meetings, shall adjourn;
a. At the conclusion of deliberation of the agenda item being considered at 10;00 p.m., unless the time
is extended by unanimous agreement of the members of the city commission then present, or
b. At the conclusion of the regularly scheduled agenda, whichever occurs first, This rule does not apply
to city commission meetings required for annual budget hearings,
(8) Any vote of the city commission pertaining to the establishment of a rescue mission, the continuation of
a rescue mission, or action relating to a rescue mission in the city that arises pursuant to the zoning
ordinance or comprehensive plan requires the concurrence of four affirmative votes.
(d) A copy of requests, petitions and applications shall be placed before the mayor and each member of the city
commission, supported by administrative memoranda and such information as may be necessary to enable
the city commission to reach a decision. All such requests, petitions and applications, except in cases of
extreme emergency, shall be in the hands of the city manager for a period of at least 21 days prior to a
regular meeting, to enable the administration to prepare necessary memoranda, data or reports.
(e) A copy of each agenda item including each resolution and ordinance and all attachments and back-up
material shall be furnished to the mayor and members of the city commission at least five full business days
before each regular city commission meeting with the exception of veto items. This rule shall be deemed
suspended unless invoked by a commissioner before the commission takes action on the resolution or
ordinance in question. Once the rule is invoked no action can be taken on the resolution or ordinance unless
the rule is suspended by unanimous vote of the commissioners present. Nonscheduled ("pocket") items may
be introduced for consideration at a city commission meeting by the mayor, each commissioner, the city
manager and the city attorney provided that the city commission unanimously deems such resolution or
ordinance to be of an emergency nature,
(f) Consistent with the time frame requirements set forth in subsection 2-33(e) above, the following shall be
posted on the internet:
(1) The city commission agenda simultaneous with it's distribution;
(2) The supplemental agenda and any information related to the upcoming agenda simultaneous with its
distribution; and
(3) The city clerk's report and annotations to the agenda Immediately after its release by the city clerk
subsequent to the city commission meeting to which it applies.
(g) All notices of all intentions to ask questions, together with a copy of such questions, shall be given to the city
manager five days before each regular meeting. In all questions of policy presented to the city commission
by the mayor, the the city manager or any departmental head, notice thereof, together with a copy of
questions supported by memorandum setting forth the rules of action by the city commission, shall be filed
three days before the meeting and given to the mayor and each member of the city commission,
(h) All ordinances shall be read by title only prior to passage. All resolutions shall be briefly described upon a
printed agenda, which agenda shall be furnished to the mayor and members of the city commission at least
five full business days before each regular city commission meeting,
(i) Unless further time to speak is granted by the presiding officer the city commission, any person addressing
the commission shall limit his or her address to two minutes,
0) Unless impractical to do so, all portions of the agenda shall be scheduled to be heard at 9;00 a,m, on the
date ofthe city commission meeting. The agenda portion entitled "consent agenda" shall be scheduled
among the Initial items for commission consideration, Consent agenda Items that are removed from the
agenda prior to city commission consideration shall automatically be scheduled as a regular agenda item at
the next regularly scheduled meeting of the city commission, unless, by an unanimous vote of all
commissioners present, the city commission considers such consent item as a regular item at the same
meeting.
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(k) Any scheduled agenda item not considered prior to the adjournment of the first regular monthly city
commission meeting shall be perfunctorily regarded as a continued item and scheduled on the next
immediate month's first regular city commission agenda. Any scheduled agenda item not considered prior to
the adjournment of the second regular monthly city commission meeting shall be perfunctorily regarded as a
continued item and scheduled on the next immediate month's second regular city commission agenda.
(1) Special meetings. Nothing in this section shall prohibit either the mayor, or the commissioner designated as
the presiding officer of the city commission, or three city commissioners, upon the written notice delivered to
the city clerk, from calling special meetings at any time set by the city clerk, provided that reasonable
advance notice of same is given to the mayor, each member of the commission, city manager, city attorney
and the public. No business shall be conducted or a vote taken at a special city commission meeting on
business other than the subject(s) for which the special meeting is called.
(m) Any commissioner who so desires may be a signatory on city proclamations.
(n) if the engagement of an executive director, regardless of title, of any board as defined in section 2-882 of
this chapter, is required to be approved, ratified, or confirmed by the city commission, prior to such
approval, ratification or confirmation, the individual engaged by a board shall make every reasonable
attempt to meet with each member of the city commission. The city clerk shall assure that such meetings
between the individual and the members of the city commission have been scheduled prior to the meeting
at which the city commission is to consider the ratification.
(Code 1967, § 2-9; Ord. No. 8857, § 1, 9-28-78; Ord, No. 11114, § 1, 1-13-94; Ord, NO. 11120, § 1, 2-17-94; Code
1980, § 2-13; Ord, No. 11293, § 2(2-13), 9-14-95; Ord. No, 11532, § 2, 7.24-97; Ord, No. 11564, § 4,10-28-97; Ord,
No. 11642, § 2, 4-14-98; Ord, No, 11654, § 2, 5-1298; Ord. No, 11723, § 1, 11-17-98; Ord, No. 11724, § 1, 11-17-98;
Ord, No. 11786, § 1, 4-27-99; Ord, No, 11865, § 2,11-14-99; Ord, No. 11942, § 1, 7-20-00; Ord. No. 12074, § 2,5-24-
01; Ord. No. 12134, § 1, 10-11-01; Ord. No, 12310, § 1, 12-12-02; Ord, No, 12352, § 1, 4-10-03; Ord, No. 12409, § 1,
9-25-03; Ord, No, 12498, § 1, 2-26-04; Ord. No. 12586, § 1, 9-9-04; Ord, No, 13182, § 1, 6-10-10; Ord, No. 13438, §
2,3.13-14)
Editor's note- Ord. No. 12498, § 1, adopted February 26, 2004, enacted provisions intended for use as
subsection (c)(7), Inasmuch as there are already provisions so designated, and at the discretion of the editor, said
provisions have been redesignated as subsection (c)(8).
Charter reference- Authority of commission to determine its own rules of procedure, § 4(e),
Editor's note- Ord. No, 12352, § 1, adopted April 10, 2003, enacted provisions intended for use as subsection
(m). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions
have been redesignated as subsection (n),
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The 2o16 Florida Statutes
Title XII
MUNICIPALITIES
Statutes & Constitution :Viow Statutes : Onllne Sunshine
Select Year: 2016 r Go
Chapter 166
MUNICIPALITIES
View Entire Chapter
166.041 Procedures for adoption of ordinances and resolutions.—
(1) As used in this section, the following words and terms shall have the following meanings unless some other
meaning is plainly indicated:
(a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a
general and permanent nature and enforceable as a local taw.
(b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of
a temporary character, or a provision for the disposition of a particular item of the administrative business of the
governing body.
(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters
properly connected therewith. The subject shalt be clearly stated in the title. No ordinance shall be revised or
amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act
or section or subsection or paragraph of a section or subsection.
(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2
separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in
the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or
titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may
be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance.
(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without
complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution
shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that
changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment
procedures for land use plans adopted pursuant to part 11 of chapter 163 shall be pursuant to that part.
(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a
parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of
permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that
change the actual zoning map designation of a parcel or parcels of land shalt be enacted pursuant to the fotlowing
procedure:
1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of
land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to
notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance
and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of
the proposed ordinance as it affects that property owner and shall set a time and place for one or more public
hearings on such ordinance. Such notice shalt be given at least 30 days prior to the date set for the public hearing,
and a copy of the notice shall be kept available for public inspection during the regular business hours of the office
of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and
may, upon the conclusion of the hearing, immediately adopt the ordinance.
2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses
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within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10
contiguous acres or more, the governing body shall provide for public notice and hearings as follows:
a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one
hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects
to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day
that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and
shall be advertised at least 5 days prior to the public hearing.
b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a
tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The
advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements
appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of
general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is
the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5
days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement
shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The (name of tocal R,overnmental unit) proposes to adopt the following ordinance: (title of the ordinance)
A public hearing on the ordinance will be held on (date and time) at (meeting oiace)
Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning
category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the
proposed ordinance. The map shall include major street names as a means of identification of the general area. In
addition to being published in the newspaper, the map must be part of the online notice required pursuant to s.
50.0211.
c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each
person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed
ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed
ordinance.
(4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a
majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of
the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each
member of the governing body voting shall be entered on the official record of the meeting. All ordinances or
resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided
therein.
(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and
shall be signed by the presiding officer and the clerk of the governing body.
(6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of
municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for
adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a
municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or
prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or
authority to lessen or reduce the requirements of this section or other requirements as provided by general law.
(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no
cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly
adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions
contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply
with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are
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valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere
to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or
resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person
who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing
herein shall be construed to affect the standing requirements under part II of chapter 163,
(8) The notice procedures required by this section are established as minimum notice procedures.
History, --s. 1, ch. 73.129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83.240; s. 1, ch. 83-301; s. 2, ch, 95.198; s. 5, ch. 95310; s. 5, ch.
2012-212.
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