Miami-Dade Legislative Item
File Number: 083472
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File Number: 083472 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-13 Control: Board of County Commissioners
File Name: CHANGE RULES OF PROCEDURE SEC. 2-1, ORD. SUB & ALT Introduced: 12/1/2008
Requester: NONE Cost: Final Action: 3/3/2009
Agenda Date: 3/3/2009 Agenda Item Number: 7B
Notes: CHANGE RULES OF PROCEDURE Title: ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING THAT ANY SUBSTITUTE OR ALTERNATE ITEM ON A COMMITTEE AGENDA OR THE COMMISSION AGENDA SHALL SO INDICATE ON THE COVER MEMORANDUM, INCLUDE A BRIEF DESCRIPTION OF HOW THE ITEM DIFFERS FROM THE ORIGINAL AND IDENTIFY THE CHANGES IN THE ITEM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  RULES OF PROCEDURE
Sponsors: Joe A. Martinez, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/3/2009 7B Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Martinez explained the intent of this proposed ordinance. The Board proceeded to vote on this proposed ordinance as presented.

Government Operations Committee 2/13/2009 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Henry Gillman read the foregoing proposed ordinance into the record. Chairman Gimenez announced that the foregoing proposed ordinance was open for public participation, and there being no one to appear before the Committee, the public hearing was closed. Hearing no comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

County Attorney 1/22/2009 Referred Government Operations Committee 2/13/2009

Board of County Commissioners 12/16/2008 Tentatively scheduled for a public hearing Budget and Finance Committee 1/13/2009

Board of County Commissioners 12/16/2008 4B Adopted on first reading 1/13/2009 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Budget and Finance Committee meeting on January 13, 2009.

County Attorney 12/1/2008 Assigned Budget and Finance Committee 1/13/2009

County Attorney 12/1/2008 Assigned Jess M. McCarty

Legislative Text


TITLE
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING THAT ANY SUBSTITUTE OR ALTERNATE ITEM ON A COMMITTEE AGENDA OR THE COMMISSION AGENDA SHALL SO INDICATE ON THE COVER MEMORANDUM, INCLUDE A BRIEF DESCRIPTION OF HOW THE ITEM DIFFERS FROM THE ORIGINAL AND IDENTIFY THE CHANGES IN THE ITEM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows :1
Sec. 2-1. Rules of procedure of County Commission.

* * *

Rule 5.06 Ordinances, resolutions, motions, contracts.

(a) Preparation and enactment of ordinances. The County Attorney, when requested, shall prepare ordinances and resolutions.
Ordinances may be introduced and listed by title and shall be read by title only before consideration by the Commission on first reading. On first reading of ordinances, there shall be no discussion by either County Commissioners, County staff or members of the public. On first reading only, the Commission may either vote for all ordinances in one (1) vote or may vote separately on any ordinance. At second reading, each ordinance shall be voted on individually.
(b) Approval by County Attorney. All ordinances, resolutions and contract documents, before presentation to a commission committee or the Commission, shall have been reduced to writing and shall have been approved as to form and legality by the County Attorney. Prior to presentation all such documents may be referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract document would devolve. The county attorney shall communicate with a designated staff person from each commissioner's office regarding the preparation and tracking of agenda items.
(c) Introduction and sponsorship. Ordinances, resolutions and other matters and subjects requiring action by the Commission must be introduced and sponsored by a member of the Commission, except that either the Manager or the County Attorney may present ordinances, resolutions and other matters or subjects to the Commission for consideration, and any Commissioner may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted in accordance with law; otherwise they shall not be considered.
(d) Exception. The provisions of this Rule 5.06 shall not be applicable to zoning resolutions which shall be governed exclusively by chapter 33 of the Code.
(e) When action to be taken by resolution or ordinance. All actions of the Commission may be taken by motion, resolution or ordinance except that any action of the Commission which provides for raising revenue, appropriating funds or incurring indebtedness (other than refunding indebtedness), or which provides a penalty or establishes a rule or regulation for the violation of which a penalty is imposed, shall be by ordinance.
(f) Ordinances directly affecting municipalities. Any proposed county ordinances that would directly affect the jurisdiction or the duties of municipalities or their officers, or any proposed ordinances that may have a direct fiscal impact upon municipal governments in Miami-Dade County, shall be scheduled for second reading no sooner than six (6) weeks after its passage on first reading. At least four (4)weeks prior to the scheduled public hearing, the County Manager is directed to mail or e-mail a copy of the proposed ordinance to each city clerk, city attorney, city manager and the Executive Director of the Miami-Dade League of Cities, Inc. The County Manager's communication shall include the date of the scheduled public hearing and shall state that the proposed ordinance may have an impact upon municipalities. This subsection shall be construed as directory only, and failure to comply with the provisions hereof shall not affect the validity of any ordinance.
(g) Prime sponsorship and co-sponsorship. When a resolution or ordinance is placed on the agenda at the request of a commissioner, the commissioner who requested the preparation of the item shall be designated as the prime sponsor. Any other commissioner who wishes to sponsor the resolution or ordinance shall be designated as a co-sponsor.
(h) Items amended in committee. Any item on the commission agenda that has been amended in committee shall so indicate on the cover memorandum and include a brief description of the amendment. In addition, committee amendments shall be uniquely identified in the item itself so as to distinguish committee amendments from the original item, such as by underlining and strike-through in the case of a resolution amended in committee and by double underlining and double strike-through in the case of an ordinance amended in committee, or where such an approach would not clearly show committee amendments >>or is not practical<<, by providing footnotes or comments on the item.
>>(i) Substitute and alternate items. Any item on a committee agenda or the commission agenda that is a substitute or alternate shall so indicate on the cover memorandum and include a brief description of how the item differs from the original item. In addition, differences between the original item and the substitute or alternate item shall be uniquely identified in the substitute or alternate item itself so as to distinguish it from the original item, such as by underlining and strike-through in the case of a resolution, by double underlining and double strike-through in the case of an ordinance, or where such approaches would not clearly show the differences or are not practical, by providing footnotes or comments on the item.<<
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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