Miami-Dade Legislative Item
File Number: 140118
Printable PDF Format Download Adobe Reader  

File Number: 140118 File Type: Ordinance Status: Tabled
Version: 0 Reference: Control: Economic Development & Port Miami Committee
File Name: RECONSIDERATION OF ITEMS RESULTING IN TIE VOTE Introduced: 1/17/2014
Requester: NONE Cost: Final Action:
Agenda Date: 2/4/2014 Agenda Item Number: 4I
Notes: BCC RULES - ITEM FILED ON BCC 2-4-14 BCC Title: ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PERMIT RECONSIDERATION OF ITEMS RESULTING IN A TIE VOTE; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: RULES OF PROCEDURE
  VOTING
Sponsors: Jean Monestime, Prime Sponsor
  Sally A. Heyman, 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

Economic Development & Port Miami Committee 4/10/2014 2B Forwarded to BCC with a favorable recommendation F

Economic Development & Port Miami Committee 3/13/2014 1G7 Deferred P
REPORT: Assistant County Attorney Monica Maldonado read the foregoing proposed ordinance into the record. Chair Bell opened the public hearing, seeing no one come forward in connection with the foregoing proposed ordinance, the public hearing was closed. Commissioner Jordan noted that she wanted to defer the foregoing proposed ordinance. Hearing no comments or questions, the Committee proceeded to vote.

Board of County Commissioners 2/4/2014 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 3/13/2014

Board of County Commissioners 2/4/2014 4I Adopted on first reading P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Economic Development and Port Miami Committee on Thursday, March 13, 2014, at 2:00 p.m.

Office of the Chairperson 1/31/2014 Scrivener's Errors
REPORT: The words constituting the proposed amendment to Rule 7.01(h) were not underlined and double arrowed so as to distinguish the amendment from the original language and should read on handwritten pages 3 and 4: Rule 7.01(l)>>, except as provided in Rule 7.01(k)<<.

County Attorney 1/17/2014 Referred Economic Development & Port Miami Committee 3/13/2014

County Attorney 1/17/2014 Assigned Geri Bonzon-Keenan 1/22/2014

Legislative Text


TITLE
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PERMIT RECONSIDERATION OF ITEMS RESULTING IN A TIE VOTE; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
NOW, THEREFORE, 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
* * *

PART 7. RULES OF DEBATE

Rule 7.01. RULES OF DEBATE.

* * *

(h) TIE VOTES. Whenever action cannot be taken because the vote of the commissioners has resulted in a tie, and no other available motion on an item is made and approved before the next item is called for consideration or before a recess or adjournment is called, whichever occurs first, the item shall be removed from the agenda and shall be reintroduced only in accordance with the renewal provisions of Rule 7.01(l)>>, except as provided in Rule 7.01(k)<<. Notwithstanding any rule of procedure to the contrary, in zoning and other quasi-judicial matters when action on a resolution results in a tie vote, such resolution shall be carried over to the next regularly scheduled meeting for the consideration of such quasi-judicial matters unless the commission designates a different time for such reconsideration.

* * *

(k) RECONSIDERATION. An action of the commission >>or an item resulting in a tie vote<< may be reconsidered only at the same meeting at which the action was taken or >>the item resulted in a tie vote or<< at the next regular meeting thereafter. A motion to reconsider >>an action of the commission<< may be made only by a commissioner who voted on the prevailing side of the question and must be concurred in by a majority of those present at the meeting. A motion to reconsider an item resulting in a tie vote >>may be made by any commissioner who voted in the original vote and must be concurred in by a majority of those present at the meeting.<< [[is not in order, and no such motion shall be reconsidered.]] A motion to reconsider shall not be considered unless at least the same number of commissioners is present as participated in the original vote, or upon affirmative vote of two-thirds (2/3) of those commissioners present. Adoption of a motion to reconsider shall rescind the action reconsidered >>or the tie vote, as applicable<<.


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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.