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Ordinance: 13646
File Number: 1123
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2016
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/MAYOR AND CITY
COMMISSION", TO AMEND SECTION 2-36, ENTITLED "MAYORAL VETO AND
COMMISSION OVERRIDE", TO PROVIDE THAT MEMBERS OF THE PUBLIC
SHALL HAVE A REASONABLE OPPORTUNITY TO SPEAK ON VETOED ITEMS
CONSISTENT WITH SECTION 286.0114, FLORIDA STATUTES, AND SECTION
2-33(C)(2) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Tomas Regalado
WHEREAS, Section 4(g)(5) of the Charter of the City of Miami, Florida, as amended,
confers upon the Mayor the power to veto any legislative, quasi-judicial, zoning, master plan, or
land use decision of the City Commission within ten (10) days of final adoption by the City
Commission; and
WHEREAS, Section 2-36 of the Code of the City of Miami, Florida, as amended ("City
Code"), outlines the terms and conditions for the Mayor to exercise his veto power; and
WHEREAS, Section 286.0114, Florida Statutes, provides that members of the public
shall be given a reasonable opportunity to be heard on a proposition before a board or
commission; and
WHEREAS, Section 2-33(c)(2) of the City Code provides that 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;
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 2/Article II of the City Code, is amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
' 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 Page 1 of 2 File ID: 1123 (Revision:) Printed On: 6/14/2018
File ID: 1123
ARTICLE II. MAYOR AND CITY COMMISSION
Sec. 2-36. Mayoral veto and commission override.
Enactment Number: 13646
The veto provisions of City Charter section 4(g)(5) shall be exercised exclusively in accordance
with the terms and conditions herein:
(5) Notwithstanding any other rule of the commission, items vetoed by the mayor shall not
be subject to the "5 day rule" as provided in section 2-33; not be deferred to a future
meeting; not require committee review; not be subject to a motion to reconsider, except at
the same meeting; not require first reading; not require publication or additional public
hearings; or not be amended if the item required special publication or a public hearing to be
originally adopted or enacted. Members of the public shall have a reasonable opportunity to
speak on vetoed items consistent with Section 286.0114, Florida Statutes, and Section 2-
33(c)(2) of the City Code.
*11
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 thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4i�nd6z, City Attor iey 10/17/2016
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 Page 2 of 2 File ID: 1123 (Revision:) Printed on: 6/14/2018