Miami-Dade Legislative Item
File Number: 112492
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File Number: 112492 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-95 Control: Board of County Commissioners
File Name: BCC RULES - AUTHY TO SPONSOR & PRESENT ITEMS ON COMM AGENDAS Introduced: 11/28/2011
Requester: NONE Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 7A
Notes: BCC RULES Title: ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 111961)
Indexes: AMENDING CODE
  RULES OF PROCEDURE
Sponsors: Bruno A. Barreiro, Co-Prime Sponsor
  Lynda Bell, Co-Prime 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 12/6/2011 7A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented.

County Attorney 11/28/2011 Assigned Gerald K. Sanchez

Internal Mgmt. & Fiscal Responsibility Committee 11/8/2011 1E1 AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Assistant County Attorney Gerald Sanchez advised that this proposed ordinance should be amended to delete the first sentence of the proposed amendment to Rule 5.05 on handwritten page 5, and to insert the following language: “Any commissioner or commission committee may present or sponsor any item which the Mayor has authorized to present or sponsor pursuant to the preceding sentence, except as provided otherwise in the Home Rule Charter or State or Federal Law.” Chairwomen Bell opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance as amended.

Legislative Text


TITLE
ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; 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, as amended by Ordinance No. 11-15 is hereby further amended to read as follows:1
CHAPTER 2. ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1. Rules of Procedure of County Commission.

* * *


Rule 5.05. AGENDA.

* * *

(b) AUTHORITY TO SPONSOR OR PRESENT ITEMS ON AGENDA.

(1) Anything to the contrary notwithstanding, matters may only be presented or sponsored by a county commissioner, a commission committee, the county attorney and the clerk of the commission, except that the Mayor shall be able to present or sponsor: (1) reports which do not amend any policy established by the County Commission; (2) mayoral appointments; (3) solicitations for the purchase of goods and services, leases, construction contracts and debt obligations; (4) contracts for the purchase of goods and services and amendments thereto; (5) grant applications, grants and sub-grants; (6) leases and amendments thereto; (7) debt obligations and amendments thereto; (8) construction contracts and amendments thereto; (9) labor agreements and amendments thereto; (10) special taxing districts initiated by petition; (11) certificates of public convenience and necessity; (12) certificates of transportation; (13) quasi-judicial items; and (14) other matters where the presentation or sponsorship by the Mayor is required by the Home Rule Charter or state or federal law. >>Any Commissioner or commission committee may present or sponsor any item which the Mayor is authorized to present or sponsor pursuant to the preceding sentence, except as provided otherwise in the Home Rule Charter, or state or federal law.<<2[[Any Commissioner may present or sponsor any item which the Mayor is unable to sponsor or elects not to sponsor, except as provided otherwise in the Home Rule Charter, or state or federal law.]]>>Additionally, the committee chairperson of jurisdiction may, upon the written request of the Mayor or his or her designee, submit an item for placement on a committee or Commission agenda. Such an item shall, if requested by the committee chairperson of jurisdiction, be placed on the appropriate agenda, in accordance with the applicable rules of procedure, as an item sponsored by the committee of jurisdiction.<<

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.
2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.



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