Ord No 12-14-2190ORDINANCE 12-14-2190
An Ordinance amending the City of South Miami Code of Ordinances,Section
2-2.1 and adding subsection (O)to establish,pursuant to Section 286.0115,
Florida Statutes,a procedure governing ex parte communications in connection
with quasi-judicial matters.
WHEREAS,theCity desires toimplementSection 286.0115,F.S.by establishing aprocessto
disclose exparte communications withlocalpublicofficials;and
WHEREAS,Section 286.0115(1 )(a)providesthata "...municipality mayadoptanordinanceor
resolution removingthepresumptionof prejudice from exparte communications withlocalpublic
officials by establishing aprocessto disclose exparte communications withsuch officials pursuant tothis
subsectionorbyadoptinganalternativeprocessforsuchdisclosure."
WHEREAS,theCityCommissionfindsthatadoption of theseregulationsisinthebestinterest
of theCityand of thecitizens of theCity of SouthMiami.
NOW,THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA AS FOLLOWS:
Section1.Section2-2.1 of theCityofSouthMiamiCode of Ordinances,titled"Rulesof
procedure of city commission"isherebyamendedtoincludeSubsectionOasfollows:
(O)Ex Parte Communications with Local Public Official.Communications with local public
officials regarding quasi-judicial matters,including the adjudication ofthe rights of persons and the
application ofa general rule or policy toa specific individual,property,interest or activity shall be
governedbythefollowingprocedure:
A.Any person who fully and faithfully follows each and every one of the requirements of
this ordinance,asset forth below,and who is not otherwise prohibited by statute,charter
provision or ordinance may discuss with any local public official the merits of any matter on
which action may be taken by any board or commission on which the local public official isa
member.As used in this subsection,the term "local public official"means any elected or
appointed public official holding a municipal office who recommends or who takes quasi-judicial
action as a member ofa board or commission.If any quasi-judicial action is contemplated at the
time of any verbal communication,and if the following procedures are followed,the presumption
of prejudice arising from ex parte communications with local public officials shall be removed
pursuant to Section 286.0115(1),F.S:
1.The substance of any exparte communication with a local public official which relates to
quasi-judicial action pending before the official is not presumed prejudicial to the action if the
subject of the communication and the identity of the person,group,or entity with whom the
communication took place is disclosed in writing,as soon as practicable afterthe communication
takes place,with City Clerk and is disclosed and made a part of the record at the hearing before
final action on the matter.
2.A local public official may read a written communication from any person.Any written
communication that relates to quasi-judicial action pending before a local public official,shall not
Ord.No.12-14-2190
bepresumedprejudicialtotheaction,providedsuchwritten communication isdisclosedand
madeapart of therecordbeforefinalactiononthematter.
3.Alocalpublicofficialmayconductinvestigations,makesitevisitsandreceiveexpert
opinions regarding quasi-judicial actionpendingorimpendingbeforehimorherprovidedthat
such activities andthe existence of such investigations,sitevisitsor expert opinions ismadeapart
of the record before final action is taken on the matter.
4.Disclosure made pursuant to paragraphs 1,2and3above must bemade before orduring
thepublic meeting atwhichavoteistakenonsuch matters sothat persons whohaveopinions
contrary to those expressed intheexparte communication aregivena reasonable opportunity to
refute or respond tothe communication.
5.Apersonwhoappearsbeforethedecision-makingbodywhoisnotapartyorparty-
intervenormaybeallowedtotestifybeforethe decision-making body,subjecttocontrolbythe
decision-making body,andmaybe requested to respond to questions fromthe decision-making
body.The decision-making bodyshallassignweightandcredibilitytosuchtestimonyasit
deems appropriate.Apartyor party-intervenor ina quasi-judicial proceeding on local
governmentlandusematters,uponrequestbyanotherpartyorparty-intervenor,shallbeswornas
awitness,shallbesubjectto cross-examination byotherpartiesorparty-intervenors,andshallbe
requiredtobequalifiedasanexpertwitness,asappropriate.
6.All decisions ofthe decision-making bodyina quasi-judicial proceeding shallbe supported by
substantial,competent evidence inthe record pertinent tothe proceeding.
Section 2._Severability.The provisions ofthis Ordinance are declared tobe severable and if any
section sentence clause orphraseofthis Ordinance shallforany reason beheldtobe invalid or
unconstitutional such decision shall not affect the validity ofthe remaining sections sentences clauses and
phrases ofthis Ordinance butthey shall remain in effect it being the legislative intent thatthis Ordinance
shallstand notwithstanding the invalidity ofanypart.
Section 3..Codification.The provisions of this Ordinance shall become and be made part of the
Code of Ordinances of the City of South Miami as amended;that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention;and that the word "ordinance"may be changed to
"section"orotherappropriateword.
Section 4..Ordinancesin Conflict.All ordinances or parts of ordinances andall section and
parts of sections of ordinances in direct conflict herewith are hereby repealed.However,itis not the intent
of this section to repeal entire ordinances,or parts of ordinances,that give the appearance of being in
conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
needs to be repealed to harmonize the ordinances.If the ordinance in conflict can be harmonized by
amending its terms,it is hereby amended to harmonize the two ordinances.Therefore,only that portion
that needs to be repealed to harmonize the two ordinances shall be repealed
Section 5.Effective Date.This Ordinance shall become effective upon final adoption.
PASSED AND ADOPTED this 20th,dayof May ,2014.
Ord.No.12-14-2190
ATTEST:
<2i
CITY CLERK
1stReading:5/5/14
2nd Reading:5/20/14
APPROVED:
READ AND A JTROVED AS TO FORM,COMMISSION VOTE:5-0
language;legality/andO Mayor Stoddard:Yea
EXE0d3pFTthereof'/y Vice Mayor Harris:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
Commissioner Edmond:YeaCITY^TOR]
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexcept Saturday.Sunday and
LegalHolidays
Miami.Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonally appeared
M.ZALDIVAR,whoonoath says that heor she isthe
LEGAL CLERK,LegalNoticesoftheMiamiDaily Business
Review f/k/a Miami Review,adaily(exceptSaturday,Sunday
and LegalHolidays)newspaper,published at MiamiinMiami-Dade
County,Florida;thatthe attached copyof advertisement,
being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 5/20/2014
in the XXXX Court,
was published in said newspaper in the Issues of
05/09/2014
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisa newspaper published at Miamiin said Miami-Dade
County,Florida andthatthesaid newspaper has
heretofore beencontinuously published insaid Miami-Dade County,
Florida,eachday(exceptSaturday,Sundayand Legal Holidays)
andhasbeenenteredassecondclass mail matteratthepost
office in Miami insaid Miami-Dade County,Florida,fora
periodofoneyearnextprecedingthefirst publication ofthe
attachedcopyof advertisement;andaffiantfurthersaysthatheor
shehas neither paidnor promised anyperson,firm or corporation
anydiscount,rebate,commissionorrefundforthepurpose
of securing this advertisement/or publication inthesaid
newspaper.
(SEAL)
M.ZALDIVAR personallyknowntome
meetfng'or hearing,heorshe will heeda/ecofdWthepl'oc^edings.Bnd
'that for,such "purpose,affected person may neecftojenlure tfiat'a veiSatim
Vecord ofthe proceedings is made which record includes thetestimony
dnci ^vlcjenfce aporfwhich theappealistobebased.-f*u
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30SE |SUNDAY,MAY 1),2014 SE
!tfIIi;BiacfM
Empowering the Village to Serue Black Male Youth
miitifofiiW
Thegoalof the forumistoprovide mental
health professionals,community leaders,and
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In partnershipwith the OfficeoftheHonorableDennisC.Moss,
Miami-DadeCounty Commissioner,District9
Guest Speaker Matthew Woodfbrk,Ph.D.
Moderator:RobertSawyer,LM.H.C.
.^Thursday,May 15th|6:00p.m.-8:30p.m.
/South Dade Regional Library
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^REGISTER Today:http://tinyurl.com/BlackMaleSouth -
>Jstudents willearnthree(3)communityservicehoursbyattendinga forum!
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5753 Bird Rd I Miami,FL 33155 I 305-667-3772
MiamiHerald.com I MIAMI HERALD
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission ofme City ofSouth Miami,Florida will conduct Public Hearing(s)atits regular
City Commission meeting scheduled for Tuesday.Mav 20.2MA h»ffhminff at 7:00 p.m.,inthe City Commission Chambers,
6130SunsetDrive,to consider the following item(s):
AResolution approving the amendment tothe multi-year contract between the City ofSouth Miami and Steven Alexander for
CityManager Services.
AResolution authorizing the City Manager to execute athree (3)year inter-tocal agreement between Miami-Dade County,
Miami-Dade Police department,and the City ofSouth Miami tor School Crossing Guard Services for 2014/2015,2015/2018 and
2016/2017 school years.
AResolution authorizing ihe City Manager toenter into a two (2)year contract with Downtown Towing with the option of
three(3)one(1)yearadditional periods of service.
An Ordinance amending Section 20-3.3(6)ofthe City ofSouth Miami Land Development Code concerning outdoor seating and
dining requirements for all commercial properties,except for properties in the RO -Residential Office zoning district
An Ordinance amending Section 13-31 ofthe City ofSouth Miami Code ofOrdinances concerning useofthe name
"City ofSouth Miami andcity'sofficial sealandlogo.
An Ordinance amending Section 20-2.3 -Definitions,toinclude adefinition for Temporary Structures and Section 20-3.6(1)
enfitied Accessory Structures orUses.
An Ordinance ofthe City ofSouth Miami,Florida amending the land Development Code,Section 20-4.5 repealing subsections
(h),(i),0),(k),(0,(m)and (n)and adding section 20-4.5.1 titled "tree protection"including,but not limited to,provisions
concerning intent definitions,applicability and providing for tree removal requirements,applications,permits,fees tree
mitigation andprotection,enforcement,penalties,remedies,andappeals.
/An Ordinance amending the City ofSouth Miami Code ofOrdinances,Section 2-2.1 and adding subsection (0)to
|estabnshlpursuanttoSecton28S.0115,FtortdaStatme£,apro(»duregoveminfl exparte communications inconnection^with quasi-Judicial matters.
ALLinterestedpartiesareinvitedtoattendandwillbeheard.
For further information,please contact theCity Clerk's Office at 305-663-6340.
)
Maria WLMenendez.CMC
CityClerk
Parsurt toRwldaStatutes286.0105,ihettyh^^
with rejpatt toany matter considered atits meeting orhearing,heorshe wil need arecord olthe pnxe«^,a^that k*a^purpose,aJtectedpwson may neo3
toensure thalaveibatinreartoftheproceed
IM+V^M&vu^&Zifr*a»*
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