Ord No 20-25-2533ORDINANCE NO.20-25-2533
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING ARTICLE II.-“DEPARTMENTS”
OF CHAPTER 2 -“ADMINISTRATION AND CITY
GOVERNMENT”OF THE CITY CODE,TO PROVIDE FOR
THE ESTABLISHMENT OF CITY DEPARTMENTS
ANNUALLY IN THE ADOPTED BUDGET ORDINANCE,
TOGETHER WITH ESTABLISHMENT OF DUTIES AND
FUNCTIONS OF EACH CITY DEPARTMENT;TO
CLARIFY THAT CHARTER OFFICERS AND THEIR
STAFF ARE NOT DEPARTMENTS;PROVIDING FOR
CORRECTIONS;SEVERABILITY;CONFLICTS;
IMPLEMENTATION;AND AN EFFECTIVE DATE.
WHEREAS,Article VIII,Section 2 of the Florida Constitution,and Chapter 166,Florida
Statutes,provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law,and to adopt ordinances in furtherance of such authority;and
WHEREAS,the City Commission of the City of South Miami (“City”)finds it
periodically necessary to amend its Code of Ordinances (the “Code”)to update regulations and
procedures to maintain consistency with state law,implement municipal goals and objectives,
clarify regulations,and address specific issues and needs that may arise;and
WHEREAS,Section 11 of Article II of the City’s Charter provides that "...the
Commission shall establish by ordinance,such departments of the City as it deems necessary or
advisable and prescribe the functions of all departments,and duties...”;and
WHEREAS,other sections of Article II.-“Departments”,of Chapter 2.-“Administration
and City Government”of the Code also provide for the establishment or existence of various City
departments,and their duties and functions,many of which have changed or become obsolete,and
do not conform to the existing City departments and functions;and
WHEREAS,the City Commission finds that various sections of Article II.-
“Departments”,of Chapter 2.-“Administration and City Government”of the Code incorrectly
reference Charter officers,such as the City Manager,City Attorney and City Clerk,as City
departments,and require amendments in order to conform to the Charter;and
WHEREAS,the City Commission finds it proper and in the best interest of the City to
amend various sections of Article II.-“Departments”,of Chapter 2.-“Administration and City
Government”of the Code to (I)to delete references to City departments,and their specific
functions and duties,and instead provide for the annual establishment of City Departments in the
adopted Budget Ordinance;all in conformance with the Chater and the actual practices of the City,
and (ii)delete references to the Charter officers of City Manager or Administrative Department,
Legal Department and City Clerk as City departments;and
Page 1 of 3
Ord.No.20-25-2533
WHEREAS,on July 29,2025,the City Commission approved the ordinance on first
reading;and
WHEREAS,on August 19,2025,the City Commission conducted a duly noticed public
hearing as required by law and approved the ordinance on second reading;and
WHEREAS,the City Commission finds that this Ordinance is in the best interest and
welfare of the City and its administration.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS:1
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2.Amending Article II.-“Departments”,of Chapter 2.-
“Administration and City Government”of the Code.Various sections of Article II.-
“Departments”,of Chapter 2.-“Administration and City Government”of the Code arc hereby
amended as set forth in Exhibit “A”attached hereto and made a part hereof.
Section 3.Corrections.Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4.Severability'.If any section,clause,sentence,or phrase of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5.Conflicts.That all ordinances or parts of ordinances,resolutions or parts
of resolutions,in conflict herewith,are repealed to the extent of such conflict.
Section 6.Implementation.That the City Manager and City Attorney are authorized
to take any and all actions necessary to implement this ordinance.
Section 7.Effective Date.This Ordinance shall become effective immediately upon
adoption.
1 Coding:Str-ikethreugh-werds are deletions to the existing words.Underlined words are additions to the existing
words.Changes between first and second reading are indicated with deubk^^kethrotigh and donblg-Undedine and
are highlighted in grey.Modifications made at second reading are shaded in
Page 2 of 3
Ord.No.20-25-2533
PASSED on first reading on the 29th day of July,2025.
PASSED AND ADOPTED on second reading on the 1 9l h,day of August,2025.
ATTEST:APPROVED:
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
WEISS SEROTA HELFMAN COLE
&BIERMAN,P.L.
CITY ATTORNEY
MAYOR
COMMISSION VOTE:4-0
Mayor Javier Fernandez:Yea
Vice Mayor Brian Corey:Yea
Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Yea
Commissioner Danny Rodriguez:Absent
Page 3 of 3
Subject:
Suggested Action:
Meeting Date:August 19, 2025
Submitted By:Nkenga Payne
Submitted Department:City Manager
Item Type:Ordinance
Agenda Section:ORDINANCE(S) SECOND READING(S) PUBLIC
HEARING(S)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ARTICLE II. - "DEPARTMENTS" OF CHAPTER 2 -
"ADMINISTRATION AND CITY GOVERNMENT" OF THE
CITY CODE, TO PROVIDE FOR THE ESTABLISHMENT OF
CITY DEPARTMENTS ANNUALLY IN THE ADOPTED
BUDGET ORDINANCE, TOGETHER WITH
ESTABLISHMENT OF DUTIES AND FUNCTIONS OF EACH
CITY DEPARTMENT; TO CLARIFY THAT CHARTER
OFFICERS AND THEIR STAFF ARE NOT DEPARTMENTS;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE. 3/5 (CITY MANAGER)
Agenda Item No. 5.
CITY COMMISSION Agenda Item Report
Attachments:
Memo_Department_Ordinance_Rewrite__2_.docx
Ordinance_City_Departments_SR.docx
4BJ4953-Ord_Amending_Code_Departments_-_Exhibit_A.DOCX
ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: August 19, 2025
SUBJECT: Ordinance Amending “Departments” and “Administration and City Government”
to Provide for the Establishment of City Departments Annually in the Adopted
Budget
RECOMMENDATION:
Approve the Amendment to Article II “Departments” of Chapter 2 “Administration and City
Government” of the City Code to provide for the establishment of City Departments annually in
the adopted budget ordinance. The Ordinance was approved on first reading during the
Commission meeting on Tuesday, July 29, 2025.
BACKGROUND:
Section 11 of Article II of the City Charter states that “…the Commission shall establish by
ordinance such departments of the City as it deems necessary or advisable and prescribe the
functions of all departments and duties…” Other parts of Article II, titled “Departments,” in
Chapter 2, “Administration and City Government,” of the City Code also address the creation and
structure of various departments along with their duties and responsibilities. However, many of
these provisions are outdated, do not align with the City's current organizational structure, and
in some cases reference departments that no longer exist.
In addition, the Code incorrectly identifies Charter offices, including the City Manager, City
Attorney, and City Clerk, as City departments. These references need to be corrected so the Code
accurately reflects the Charter’s distinction between Charter officers/offices and departments.
FUNDING:
N/A
ATTACHMENTS:
Draft Ordinance
2
South ’Miami
THE CITY OF PLEASANT LIVING
EXHIBIT “A’
ARTICLE II. – DEPARTMENTS 1
* * * 2
Sec. 2-5. - Designated; titles of department heads City Departments. 3
The administrative service of the city shall consist of the following departments and the 4
department/division heads shall be known by the titles shown: 5
DEPARTMENT/DIVISION DEPARTMENT/DIVISION HEAD
(1) Administrative City Manager
(2) Finance Finance Director
(3) Legal City Attorney
(4) Police Chief of Police
(5) Public Works Director of Public Works
(6) Building Building Director
(7) Planning and Zoning Planning and Zoning
Director
(8) Records City Clerk
(9) Recreation Recreation Director
(10) Office of Development Director, Office of
Development
6
City departments, not to include Charter offices and their staff which are not considered 7
departments, shall be established annually in the adopted budget ordinance, together with each 8
department’s duties and functions. 9
Sec. 2-6. - Department heads; selection, qualifications, removal, compensation and term of 10
office. 11
All department heads, not to include Charter offices, except city attorneys, city clerk, and shall 12
be appointed by the city manager for indefinite terms after first obtaining the consent of a 13
majority of the members of City Commission at a duly noticed City Commission meeting. They 14
shall be appointed on the basis of ability to perform the duties of the position held and may be 15
removed by the city manager. Appointment of the city attorneys, city clerk and city manager 16
shall be by the city commission, as set forth in the Charter. 17
6
———
———
———
———
—
———
EXHIBIT “A’
Compensation of all department heads shall be fixed by the pay scale adopted by the city 18
commission. 19
Sec. 2-7. - Administration department; functions and duties Cost Recovery. 20
(1) The administration department shall operate directly under the supervision of the city 21
manager and shall consist of the following divisions and duties: 22
(a) Code enforcement division, which shall provide field enforcement of all zoning codes and 23
ordinances. 24
(b) Personnel division shall act as secretary to the personnel board, hire all help, keep all 25
employee records on employment, vacations and sick leave, handle all matters pertaining to 26
group insurance and retirement funds; and any other duties related to personnel records. 27
(c) The city manager shall establish fees to be charged for the furnishing of copies of city records 28
and documents. The city manager shall establish fees to be charged for participation in city 29
sponsored programs, including but not limited, to those conducted by the recreational 30
department; a different schedule of fees may be established for nonresidents of the city. Where 31
services are performed by the city and a fee not established by the commission, the city manager 32
shall establish such fee. A list of all fees and charges established by the city manager shall be on 33
file with the city clerk together with all amendments and changes thereto and available for public 34
inspection. All fees and charges established pursuant hereto shall be predicated upon the actual 35
cost to the city and subject to review by the city commission. 36
(d) The administration department shall perform such other functions as required by city 37
commission. 38
(2) Cost recovery administrative program. 39
* * * 40
Sec. 2-7.1. - Supervision, duties of parking control division. Intentionally Deleted - 41
Reserved 42
The parking control division shall be under the direct control of the finance director and shall 43
have the following duties: 44
(a) Operation, installation, repair and service of city-owned parking meters and parking lots. 45
(b) Nonexclusive enforcement of ordinances and regulations relating to inspections and parking 46
of motor vehicles. 47
Sec. 2-8. - Finance department. Intentionally Deleted – Reserved. 48
The finance department shall be under the supervision of the director of finance and shall have 49
the following duties: 50
7
EXHIBIT “A’
Auditing division. 51
(1) Auditing of all receipts and expenditures. 52
(2) Keeping of all accounts of the city and issuing such reports as required by the city manager. 53
(3) The director of finance shall countersign all checks, after verification of availability of funds. 54
(b) Treasury division, under the immediate supervision of the city manager, shall perform the 55
following functions: 56
(1) Maintain custody of all city funds, investments and securities, including the deposit, 57
withdrawal and recording thereof. 58
(2) Negotiate all loans. 59
(3) The city manager, as treasurer, shall sign all checks, notes, and bonds of the city. 60
(c) Collection division, under the direct supervision of the finance director, shall perform the 61
following functions: 62
(1) Bill and collect all waste accounts. 63
(2) Assess, bill and collect all property taxes. 64
(3) Bill and collect all occupational taxes, rentals, license fees, and other charges. 65
(4) Collection of parking fees and fines. 66
(5) Maintain proper records pertaining to duties of this division. 67
(6) Perform all other duties as required by city manager. 68
(d) Central purchasing for all city activities. 69
(e) Parking division, under the direct supervision of the finance director, shall operate or contract 70
for the operation of city-owned parking meters and parking lots. 71
(f) All checks must be signed by both the finance director and the city manager. However, if one 72
(1) of them is unable to sign the check, the city clerk may sign the check in that person's stead. In 73
any event, all city checks must be signed by two (2) of the three (3) individuals authorized by 74
this subsection. 75
* * * 76
Sec. 2-10. - Legal department; functions and duties. Intentionally Deleted – Reserved. 77
The legal department shall consist of a city attorney and such assistant city attorneys as may be 78
necessary; the assistant city attorney to serve in the absence of the city attorney. 79
The legal department shall perform the following functions: 80
8
EXHIBIT “A’
(a) 81
Represent the city in all matters in which the city has an interest coming before any court or 82
tribunal, except in such cases as other arrangements may be specifically made by the city 83
commission. 84
(b) 85
Advise the commission, manager, and department heads in all cases when legal opinion is 86
required and requested. 87
(c) 88
Draft all deeds, leases, contracts, and other legal instruments as required. 89
(d) 90
Perform all other related functions as required. 91
* * * 92
Sec. 2-12. - Police department; functions and duties. Intentionally Deleted – Reserved. 93
The police department, under the supervision of the police chief, shall have the following 94
functions: 95
(a) Enforce the laws and ordinances. 96
(b) Prevent crime and maintain peace and order. 97
(c) Protect lives and property from malicious damage and injury. 98
(d) Maintain and care for all property assigned to the police department. 99
(e) Prosecute all violations within its jurisdiction. 100
(f) Prepare and maintain all records required by law and the city manager. 101
(g) Install and maintain all traffic regulatory signs and signals. 102
(h) Maintain all traffic control street markings. 103
(i) Perform all other related functions as required. 104
Sec. 2-13. - Planning and zoning, and building divisions functions and duties. Intentionally 105
Deleted – Reserved. 106
(a) The building division, under the director of building, shall perform the following functions: 107
(1) Enforce all building, plumbing and electrical codes; 108
(2) Enforce all city zoning codes and ordinances; 109
9
EXHIBIT “A’
(3) Enforce all subdivision and platting regulations; 110
(4) Implement and supervise construction, regulate and maintain all sanitary sewer systems on 111
city property; and 112
(5) Perform all other functions as required by the city manager. 113
(b) The planning and zoning division, under the director of planning and zoning, shall perform 114
the following functions: 115
(1) Prepare for review by the city's planning board and for adoption or rejection by the city 116
commission all matters pertaining to zoning, subdivision control and related city regulations and 117
codes; 118
(2) Supervise the studies of city population, land use, facilities, resources and needs and other 119
factors which influence the city's development and on the basis of such studies prepare such 120
official and other maps and reports as, taken together, constitute a master plan for the welfare, 121
recreation, economic and physical development of the city; and 122
(3) Perform all other functions as required by the city manager. 123
124
Sec. 2-14. - Public works department; functions and duties. Intentionally Deleted – 125
Reserved. 126
The public works department, under the supervision of the director of public works, shall 127
perform the following duties: 128
(a) Construct and maintain all streets, alleys, bridges and sidewalks, on city property. 129
(b) Construct and maintain all storm sewers or other surface water drainage systems built on city 130
property. 131
(c) Maintain all city owned buildings. 132
(d) Operate the central repair and maintenance garage. 133
(e) Construct and maintain all city parks and playgrounds. 134
(f) Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code. 135
(g) Maintain all property and equipment assigned to this department. 136
(h) Prepare and maintain all records pertaining to this department, as required by the city 137
manager. 138
(i) Perform all other functions as required by the city manager. 139
10
EXHIBIT “A’
(j) Provide landscape maintenance for city rights-of-way, swale areas, and all other public 140
properties. 141
Sec. 2-15. - Records department; functions and duties. Intentionally Deleted – Reserved. 142
The records department, directed by the city clerk, shall perform the following duties: 143
(a) Prepare, maintain, publish and index all proceedings of the city commission. 144
(b) Arrange for all elections and maintain all election records. 145
(c) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. 146
(d) File, preserve, and codify all ordinances; file and preserve all resolutions. 147
(e) Shall have authority to administer oaths. 148
(f) Shall act as the records management liaison officer (RMLO) of the city. 149
(g) Perform all other related functions as required by the city commission. 150
151
Sec. 2-16. - Recreation department; functions and duties. Intentionally Deleted – 152
Reserved. 153
The recreation department, supervised by the director of recreation, shall perform the following 154
functions: 155
(a) Develop a general recreation program for the city. 156
(b) Operate the recreation activities on all city owned or leased properties. 157
(c) Maintain and operate all property assigned to the recreation department. 158
(d) Prepare and maintain all records pertaining to the department, as required by the city 159
manager. 160
(e) Perform all other related functions as required. 161
162
* * * 163
164
11
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