R5J - Restrict Vendor Appt to Land Use Boards
View full title
VENDOR APPOINTMENTS TO LAND USE BOARDS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” BY AMENDING ARTICLE I, ENTITLED “LAND USE BOARDS,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” AT SECTION 2.1.1.3 THEREOF, ENTITLED “TERMS OF OFFICE,” TO RENAME THE SECTION AS “APPOINTMENT AND TERMS OF OFFICE,” AND TO ADOPT RESTRICTIONS ON THE APPOINTMENT OF A CITY VENDOR, INCLUDING A PRINCIPAL OR EMPLOYEE OF A VENDOR, TO A CITY LAND USE BOARD; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 J
COMMISSION MEMORANDUM
10:10 a.m. First Reading Public Hearing
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve the subject ordinance at First Reading and schedule a Second Reading public hearing for October 29, 2025.
BACKGROUND/HISTORY
On February 26, 2025, at the request of Commissioner David Suarez, the City Commission referred the subject ordinance to the Planning Board (R5 U).
ANALYSIS
The subject ordinance amends the “Terms of Office” requirements for the City’s land use boards (LUBs) under Section 2.1.1.3 of the Land Development Regulations of the city Code (LDRs). Beginning with terms after September 1, 2025, individuals who are vendors to the city, or principals or employees of such vendors, cannot be appointed to a City LUB during the term of the vendor contract and for one year after its termination. Additionally, LUB applicants must certify the following in writing:
1. They have not been a vendor or associated with one in the past year; and
2. If they (or their entity) became a vendor during their board term, their contract will automatically trigger resignation from the board.
The subject ordinance provides the City Commission with the ability to waive this rule by a 5/7ths vote. For purposes of this proposal, “vendor” is defined as anyone doing business directly with the City or receiving City funds, excluding those whose total business or grant dealings with the City are $10,000 or less per fiscal year and do not require City Commission approval.
PLANNING BOARD REVIEW On July 28, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-0). The Planning Board
also recommended that the proposed ordinance include a distinction for land use board members serving in a non-compensated, voluntary capacity for a non-profit entity.
APPLICATION FEE WAIVER The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for October 29, 2025.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
10:10 a.m. 1st Rdg PH, Vendor Appointments to Land Use Boards. (Suarez) PL 5/7
Previous Action (For City Clerk Use Only)