CODE MIAMI-DADE COUNTY, FLORIDA. Looseleaf Supplement. This Supplement contains all ordinances deemed advisable to be included at this time through:

Transcription

1 SUPPLEMENT NO. 78 VOLUMES I, II AND III May 2013 CODE of MIAMI-DADE COUNTY, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No , enacted March 5, See the Code Comparative Table for further information. Included in the Home Rule Charter is: Amendment of November 6, See the Home Rule Charter Comparative Table for further information. Remove Old Pages xi, xii xvii xviii.i xxi, xxii Checklist of up-to-date pages Insert New Pages VOLUME I xi, xii xvii xviii.i xxi, xxii Checklist of up-to-date pages (following Table of Contents) 1 1 5, 6 5, , , , , , , , , ,

2 INSTRUCTION SHEET Cont'd. Remove Old Pages Insert New Pages VOLUME II xi, xii xi, xii xvii xviii.i xvii xviii.i xxi, xxii xxi, xxii , VOLUME III xi, xii xi, xii xvii xviii.i xvii xviii.i xxi, xxii xxi, xxii , , , , , , , , , , , , , , , , , , , , , , , , ,

3 INSTRUCTION SHEET Cont'd. Remove Old Pages Insert New Pages , , , , Insert and maintain this instruction sheet in front of Volume I. File removed pages for reference.

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5 TABLE OF CONTENTS Officials of Miami-Dade County at the Time of this Codification. Preface Adopting Ordinance Page Checklist of Up-to-Date Pages [1] VOLUME I PART I CONSTITUTIONAL AMENDMENT AND CHARTER Constitutional Amendment and Charter Home Rule Amendment Article VIII, Section 11 Florida Constitution Article VIII, Section 6 Florida Constitution Miami-Dade County Home Rule Charter Preamble Citizens' Bill of Rights Art. 1. Board of County Commissioners Art. 2. Mayor Art. 3. Elections Art. 4. Reserved Art. 5. Administrative Organization and Procedure Art. 6. Municipalities Art. 7. Parks, Aquatic Preserves, and Preservation Lands 23 Art. 8. Initiative, Referendum, and Recall Art. 9. General Provisions Art. 10. Name of County PART II ACTS OF STATE LEGISLATURE (RESERVED) Acts of State Legislature (Reserved) Comparative Table Home Rule Charter Comparative Table Acts of State Legislature iii v vii xi

6 MIAMI-DADE COUNTY CODE Chapter PART III CODE OF ORDINANCES Page 1. General Provisions Administration Art. I. In General Art. IA. Sunset Review Art. IB. Standards for Creation and Review of Boards Generally Art. IC. Independent Review Panel Art. II. Law Department Art. III. Reserved Art. IIIA. Consumer Advocate Art. IV. Personnel Div. 1. Personnel Department Div. 2. Civil Service for County Employees Div. 3. Special Off-Duty Police and Fire Services Div. 4. Service-Connected Disability Program Div. 5. Deferred Compensation Program Div. 6. Protection of Employees Disclosing Specified Information Div. 7. Retirement Benefits Protection Program Div. 8. Payment of Accumulated Sick and Annual Leave Art. V. Finance Department Art. VI. Municipal Utility Art. VII. Tax Review Board Art. VIII. Public Health Department Art. IX. Reserved Art. X. Park and Recreation Department Art. XI. Public Welfare Department Art. XII. Miami-Dade Police Department Art. XIII. Traffic and Transportation Department Art. XIIIA. Nuisance Abatement Art. XIV. Public Works Department Art. XIVA. Water Supply for Fire Suppression Art. XV. Department of Planning, Development and Regulation Art. XVI. Reserved Art. XVII. Branch Offices of County Auto Tag Agency Art. XVIII. Miami-Dade County Expressway Authority Art. XIX. Miami-Dade Transit Agency Art. XX. Rapid Transit Project Art. XXI. County Fire Department Art. XXIA. Housing and Urban Development Department Art. XXIB. Housing Finance Authority Art. XXII. Public Library Advisory Board xii

7 TABLE OF CONTENTS Cont d. Chapter Page 4. Ambulances and Medical Transportation Vehicles Art. I. In General Art. II. Reserved Art. III. Nonemergency Medical Transportation Animals and Fowl Blood Donor Facilities Boats, Docks and Waterways Art. I. In General Art. II. Motorboats Art. III. Miami-Dade County Vessel Mooring Code Div. 1. In General Div. 2. Vessels Constituting Nuisances Art. IV. Barges Building Code Art. I. Administration Art. II. Building Inspectors, Plans Examiners, Building Officials, Chief Inspectors and Special Inspectors Art. III. Florida Building Code Art. IV. Product Approval A. Business Regulations Art. I. In General Art. IA. Junk Dealers and Scrap Metal Processors Art. II. Bulk Sales of Plants, Avocados, Limes and Mangoes Art. III. Uniform Trade Standards Div. 1. In General Div. 2. Director and Inspectors Div. 3. Sale of Commodities Div. 4. Offenses; Prosecution; Penalties Div. 5. Advertisement and Sale of Mini Bikes and Go-Carts Div. 6. Metropolitan-Dade County Drycleaning and Laundering Ordinance Div. 7. Motor Vehicle Title Loans Art. IV. Community Antenna Television Systems Art. V. Check-Cashing Services Art. VI. Private Security Agencies Art. VII. Truth in Motorboat Repairs and Estimates Art. VIIA. Motor Vehicle Repair Ordinance Art. VIII. Automatic Telephone Dialing Alarm System. 967 Art. IX. Local Business Tax Receipt Art. X. Local Business Tax Receipt in Unincorporated Areas Art. XI. Uniform Meat Identification xvii

8 MIAMI-DADE COUNTY CODE Chapter Page Art. XIA. Representations Concerning and Requirements for the Sale of Kosher Products; Inspection of Kosher Meat Dealers, Kosher Poultry Dealers, and Dealers in Kosher Foods and Food Products; Records Required to Be Maintained by Kosher Meat Dealers and Kosher Poultry Dealers Art. XII. Fair Credit Disclosure and Reporting Art. XIII. Commercial Vehicle Identification Art. XIV. Background Checks for Personnel in Child Care and Certain Other Facilities Art. XV. Convenience Store Security Art. XVI. Miami-Dade County Moving Ordinance Art. XVII. Miami-Dade County Locksmith Ordinance Art. XVIII. Miami-Dade County Remetering Ordinance 1045 Art. XIX. Gender Price Discrimination Ordinance Art. XX. Pain Management Clinics Art. XXI. County Green Business Certification Program Art. XXII. Personal Injury Protection Medical Providers AA. Cable and Communications Services Providers Art. I. Cable Television Regulations Art. II. Communications Services Regulations Art. III. Public Rights-of-Way Regulations for Communications Services Providers B. Emergency Management C. Building Security Measures CC. Code Enforcement D. Construction: Financing of Public Facilities E. Cranes and Hoisting Equipment Standards for Construction of County Buildings, Roads, Bridges and Causeways Art. I. In General Art. II. Biscayne Bay Art. III. Sustainable Buildings Program Contractors Art. I. In General Art. II. Bidding on Public Projects Courts Art. I. In General Art. II. Bailiffs Art. III. Jury Service xviii

9 TABLE OF CONTENTS Cont d. Chapter Page 11A. Discrimination Art. I. General Provisions Art. II. Housing Art. III. Public Accommodations Art. IV. Employment Art. V. Family Leave xviii.i

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11 TABLE OF CONTENTS Cont d. Chapter Page Art. XVII. The Lauren Book Child Safety Ordinance Art. XVIII. Prohibition on Overnight Camping Wage Theft Pensions Art. I. In General Art. II. Police Relief and Pension Fund Art. III. Firefighter's Relief and Pension Fund Art. IV. Death Benefits A. Planning Generally Environmental Protection, Biscayne Bay and Environs Designated Aquatic Park and Conservation Area, the Biscayne Bay Environmental Enhancement Trust Fund, and the Environmentally Endangered Lands Program Art. I. In General Div. 1. General Provisions Div. 2. State and Federal Adoptions Div. 3. Enforcement Div. 4. Trusts and Fees Art. II. Air Quality Art. III. Water and Soil Quality Div. 1. Water Quality, Wastewater and Sanitary Sewer Pretreatment Standards Div. 2. Wellfield Protection, Domestic Well Systems and Potable Water Standards Div. 3. Contaminated Site Cleanups Div. 4. Regulation of Underground Storage Facilities, Liquid Waste Transporters, and Metal Recycling Facilities Art. IV. Natural and Biological Environmental Resources Permitting and Protection; Regulation of Drainage Systems and Stormwater Management Div. 1. Work in Canal Rights-of-Way, Tidal Waters, Submerged Bay-Bottom Lands, and Wetlands; Dewatering; Construction of Drainage Systems Div. 2. Tree Preservation and Protection Div. 3. Environmentally Endangered Lands Program Art. V. Stormwater Utility A. Reserved Aviation Department Rules and Regulations A. Public Health Trust B. Parks and Recreation Generally Art. I. In General xxi

12 MIAMI-DADE COUNTY CODE Chapter Page Art. II. Standards for Acceptance of Conveyances Used for Scenic Outdoor Recreational or Park Purposes or Covenants Not to Use Land for Other Than Such Purposes Art. III. Safe Neighborhood Parks Ordinance C. Payment of Costs of Hospital Care, Treatment and Maintenance Park and Recreation Department Rules and Regulations Art. I. In General Art. II. Programming Partners Program Art. III. The Shannon Melendi Act A. Sanitary Nuisance B. Reserved C. Reserved D. Reserved Swimming Pools, Public Subdivisions A. Seaport Security and Operations Taxation Art. I. In General Art. II. Reserved Art. III. Reserved Art. IV. Utility Tax Art. IV-A. Local Communications Services Tax Art. V. Tourist Development Room Tax Art. VI. Convention Development Tax Art. VII. Local Option Gas Tax Art. VIII. Fifth and Sixth Cent Local Option Gas Tax Art. IX Local Option Gas Tax Art. X. Property Tax Exemptions in Enterprise Zones Art. XI. County Transit System Sales Surtax Art. XII. County Health Care Surtax Art. XIII Ninth Cent Gas Tax on Motor Fuel and Special Fuel Art. XIV Capital Improvement Local Option Gas Tax Art. XV. Discretionary Sales Surtax Authorized by Section (1), Florida Statutes (1999) Art. XVI. One Half of One Percent Charter County Transit System Sales Surtax Authorized by Section (1) Florida Statutes (2001) Art. XVII. Additional Reduction in Assessed Value for Qualifying Living Quarters of Parents or Grandparents of Owners of Property Receiv- xxii

13 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Volume I Title page OC iii OC v, vi OC vii, viii 2 ix 2 xi, xii 78 xiii, xiv 77 xv, xvi 77 xvii, xviii 78 xviii.i 78 xix, xx 72 xxi, xxii 78 xxiii, xxiv 77 xxv, xxvi 77 xxvii , , , , Page No. Supp. No. 11, , , , , , , , , OC 173, OC 189, , , , , , [1]

14 MIAMI-DADE COUNTY CODE Page No. Supp. No. 247, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [2]

15 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , 276 OC 277, , , , , , , , , , , , 294 OC 295, , Page No. Supp. No. 301, 302 OC 303, 304 OC 305, , , , , , , , , , , 316 OC 317, , 320 OC 320.1, , , , , , , , , , , , 328 OC 329, 330 OC 331, 332 OC 333, , , [3]

16 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 382 OC Page No. Supp. No. 383, , , , , 392 OC 393, 394 OC 395, 396 OC 397, 398 OC 399, , , , , , , 408 OC 409, 410 OC 411, , , , , , 424 OC 425, 426 OC 427, 428 OC 429, 430 OC 431, 432 OC 433, , , [4]

17 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 443, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 515, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [5]

18 MIAMI-DADE COUNTY CODE Page No. Supp. No. 577, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Rev , Rev. 683, [6]

19 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 685, , , , , OC 733, 734 OC 735, 736 OC 737 OC 787 OC 789, , , , , 798 OC 799, 800 OC 801, 802 OC , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , 924 OC 925, , , 928 OC 929, 930 OC 931, 932 OC 933, , , , 938 OC 939, , , , [7]

20 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , 942 OC 943, 944 OC 945, 946 OC 947, 948 OC 949, 950 OC 951, 952 OC 953, , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , 992 OC 993, 994 OC 995, 996 OC 997, 998 OC 999, 1000 OC 1001, 1002 OC 1003, 1004 OC 1005, 1006 OC 1007, 1008 OC 1009, 1010 OC 1011, 1012 OC 1013, 1014 OC 1015, , , , , , , [8]

21 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 1027, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 1099, , , , , , , , , , , , , , , , , OC 1267, , , , , , , , , , , , , [9]

22 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , 1284 OC 1285, 1286 OC 1287, 1288 OC 1289, 1290 OC 1291, , , , , , , , , , , , , , , , , , , OC 1353, 1354 OC 1355, 1356 OC 1357, 1358 OC Page No. Supp. No , , , , , , , , , , , , 1476 OC 1477, , , , , , , , , , , , , , , , , , , , [10]

23 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , OC 1563, , , , , , , , , , , , , , , Page No. Supp. No. 1641, , , , , , , , , , , , , , , , OC 1695, 1696 OC 1697, 1698 OC 1699 OC , , , , , , , OC 1815, 1816 OC 1817 OC 1867 OC [11]

24 MIAMI-DADE COUNTY CODE Page No. Supp. No. 1869, , , , , , , , , , , , , , , , , , 1990 OC 1991, , 1994 OC 1995, , , , 2002 OC 2003, 2004 OC 2005, 2006 OC 2007, , , , , , Page No. Supp. No. 2019, , OC 2069, 2070 OC 2121 OC 2123, 2124 OC 2175 OC 2177, , , , , , , , , , , , , , , Volume II Title page OC xi, xii 78 xiii, xiv 77 xv, xvi 77 xvii, xviii 78 xviii.i 78 xix, xx 72 xxi, xxii 78 xxiii, xxiv 77 xxv, xxvi 77 xxvii OC [12]

25 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No OC 2305, , , , , , , , , , , , , , , , , 2382 OC 2383, 2384 OC 2385, 2386 OC 2387, , , , , , , , , , , , , Page No. Supp. No. 2411, , , , , , , , , , , , , , , , , , , , , OC 2527, , , , 2584 OC 2585, , , 2590 OC 2591, 2592 OC 2593, 2594 OC 2595, 2596 OC [13]

26 MIAMI-DADE COUNTY CODE Page No. Supp. No. 2597, 2598 OC 2599, 2600 OC 2601, 2602 OC 2603, 2604 OC 2605, 2606 OC 2607, , , , , , , , , , , , , , , , OC 2775, 2776 OC 2777, 2778 OC 2779 OC , , , Page No. Supp. No. 2837, , , , , , , , , , , , , , , , , , , 2902 OC 2903, , , , , , , , , , , , , 2918 OC [14]

27 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2919, 2920 OC 2921, 2922 OC 2923, , , , , 2930 OC 2931, 2932 OC 2933, 2934 OC 2935, 2936 OC 2937, , 2940 OC 2941, 2942 OC 2943, , , , , , , , , , , , , , , OC 3097, 3098 OC 3099, 3100 OC Page No. Supp. No. 3101, 3102 OC 3103, 3104 OC 3105, 3106 OC 3107, 3108 OC 3109 OC 3159 OC 3161, , , , , , , , , , , , , , , , , , , , , , , , , , , , , [15]

28 MIAMI-DADE COUNTY CODE Page No. Supp. No. 3271, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 3343, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [16]

29 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 3513, , , , , , , , OC 3575, , , , , , , , , , , 3638 OC 3639, , , , , OC 3693, 3694 OC , , , [17]

30 MIAMI-DADE COUNTY CODE Page No. Supp. No. 3753, , , , , , , OC 3809, , OC 3963 OC 4063 OC 4163 OC 4165, 4166 OC 4167 OC 4217 OC 4219, , , , , , , , , , , , OC 4289, , , Page No. Supp. No. 4295, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [18]

31 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 4399, , , , , 4444 OC 4445, , 4448 OC 4449, 4450 OC 4451, 4452 OC 4453, 4454 OC 4455, 4456 OC 4457, 4458 OC 4459, , , 4464 OC 4465, 4466 OC 4467, 4468 OC 4469, , 4472 OC 4473, 4474 OC 4475, 4476 OC 4477, 4478 OC 4479, 4480 OC 4481, 4482 OC 4483, 4484 OC 4485, 4486 OC 4487, 4488 OC 4489, 4490 OC 4491, 4492 OC 4493, 4494 OC 4495, 4496 OC 4497, 4498 OC Page No. Supp. No. 4499, 4500 OC 4501, , , , , , , , , , , , , 4524 OC 4525, 4526 OC 4527, 4528 OC 4529, 4530 OC 4531, , , , , , , , , , , , , , , , 4602 OC 4603, 4604 OC [19]

32 MIAMI-DADE COUNTY CODE Page No. Supp. No. 4605, , , 4610 OC 4611, 4612 OC 4613, , , , , , OC 4669, 4670 OC 4671, , 4674 OC 4675, 4676 OC , , , , , , , , , , , , , , , , Page No. Supp. No. 4743, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [20]

33 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 4787, , , , , , , , , , , , , , , 4834 OC 4835, , , , 4844 OC 4845, 4846 OC 4847, , 4850 OC 4851, 4852 OC 4853, 4854 OC 4855, 4856 OC 4857, 4858 OC 4859, , , , Page No. Supp. No , , , , , , , , , , , , OC 5013 OC Volume III Title page 4 xi, xii 78 xiii, xiv 77 xv, xvi 77 xvii, xviii 78 xviii.i 78 xix, xx 72 xxi, xxii 78 xxiii, xxiv 77 xxv, xxvi 77 xxvii , , , , , , , , [21]

34 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , 5184 OC 5185, 5186 OC 5187, , , , , , , , , 5204 OC 5205, , , , , , , , 5214 OC 5215, [22]

35 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [23]

36 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 5353, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [24]

37 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 5399, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [25]

38 MIAMI-DADE COUNTY CODE Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [26]

39 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [27]

40 MIAMI-DADE COUNTY CODE Page No. Supp. No. 5467, , , , , , , , , , , , , , , , , , OC 5535, , OC 5591, 5592 OC 5593, 5594 OC 5595, 5596 OC 5597, 5598 OC 5599, 5600 OC 5601, 5602 OC 5603, , , , , , , Page No. Supp. No OC 5669, , , , , , , , , , , , , OC 5791, , , , , , , , , , , OC 5853, 5854 OC 5855 OC 5905 OC 5907, , [28]

41 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 5911, , , , , , , OC 5969, , , , , , , , , , , OC 6039, , , , , OC 6099, , , , , , , , Page No. Supp. No , , , , , OC 6613, , , , , , , OC 6719, 6720 OC 6721, 6722 OC 6723, 6724 OC 6725, 6726 OC 6727, 6728 OC 6729, 6730 OC 6731, 6732 OC 6733, 6734 OC 6735, 6736 OC 6737, 6738 OC 6739, 6740 OC 6741, 6742 OC 6743, 6744 OC 6745, 6746 OC 6747, 6748 OC 6749, 6750 OC 6751, 6752 OC 6753, 6754 OC 6755, 6756 OC 6757, 6758 OC 6759, 6760 OC [29]

42 MIAMI-DADE COUNTY CODE Page No. Supp. No. 6761, , , , , , , , , , , , , , , , , , OC 6863, 6864 OC 6865 OC 7365 OC 7367, 7368 OC 7369, 7370 OC 7371, 7372 OC 7373, 7374 OC 7375, , 7378 OC 7379, 7380 OC 7381, 7382 OC 7383, 7384 OC 7385, 7386 OC 7387, 7388 OC 7389, 7390 OC 7391, 7392 OC 7393, 7394 OC 7395, 7396 OC Page No. Supp. No. 7397, 7398 OC 7399, 7400 OC 7401, 7402 OC 7403, 7404 OC 7405, 7406 OC 7407, 7408 OC 7409, 7410 OC 7411, 7412 OC 7413, 7414 OC 7415, 7416 OC 7417, 7418 OC 7419, 7420 OC 7421, 7422 OC 7423, 7424 OC 7425, , 7428 OC 7429, 7430 OC 7431, 7432 OC 7433, 7434 OC 7435, 7436 OC 7437, 7438 OC 7439, 7440 OC 7441, 7442 OC 7443, 7444 OC 7445, 7446 OC 7447, , , , , , , , , [30]

43 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 7465, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 7499, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [31]

44 MIAMI-DADE COUNTY CODE Page No. Supp. No. 7599, , , , , , , , , , , , , , Rev , , , , , , , , , , , , , , , , , Page No. Supp. No. 7657, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Rev , Rev. [32]

45 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 7707, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 7767, , , , , , , , , , , , , , , , , , , , , [33]

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47 PART I CONSTITUTIONAL AMENDMENT AND CHARTER* Home Rule Amendment Article VIII, Section 11 Florida Constitution 1885 Article VIII, Section 6 Florida Constitution 1968 Miami-Dade County Home Rule Charter Preamble Citizens' Bill of Rights Art. 1. Board of County Commissioners, Art. 2. Mayor, Art. 3. Elections, Art. 4. Reserved Art. 5. Administrative Organization and Procedure, Art. 6. Municipalities, Art. 7. Parks, Aquatic Preserves, and Preservation Lands, Art. 8. Initiative, Referendum, and Recall, 8.01, 8.02 Art. 9. General Provisions, Art. 10. Name of County, *Editor s note Printed herein is the amendment to the Florida State Constitution, adopted November 6, 1956, and the Charter of Miami-Dade County, adopted May 21, 1957, as amended through November 6,

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49 CONSTITUTIONAL AMENDMENT AND CHARTER cable general law except as expressly authorized herein, provided however that said charter and said ordinances enacted in pursuance thereof may conflict with, modify or nullify any existing local, special or general law applicable only to Dade County. (6) Nothing in this section shall be construed to limit or restrict the power of the Legislature to enact general laws which shall relate to Dade County and any other one or more counties of the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida relating to county or municipal affairs and all such general laws shall apply to Dade County and to all municipalities therein to the same extent as if this section had not been adopted and such general laws shall supersede any part or portion of the home rule charter provided for herein in conflict therewith and shall supersede any provision of any ordinance enacted pursuant to said charter and in conflict therewith, and shall supersede any provision of any charter of any municipality in Dade County in conflict therewith. (7) Nothing in this section shall be construed to limit or restrict the power and jurisdiction of the Railroad and Public Utilities Commission or of any other state agency, bureau or commission now or hereafter provided for in this Constitution or by general law and said state agencies, bureaus and commissions shall have the same powers in Dade County as shall be conferred upon them in regard to other counties. (8) If any section, subsection, sentence, clause or provision of this section is held invalid as violative of the provisions of Section 1, Article XVII of this Constitution the remainder of this section shall not be affected by such invalidity. (9) It is declared to be the intent of the Legislature and of the electors of the State of Florida to provide by this section home rule for the people of Dade County in local affairs and this section shall be liberally construed to carry out such purpose, and it is further declared to be the intent of the Legislature and of the electors of the State of Florida that the provisions of this Constitution and general laws which shall relate to Dade County and any other one or more counties of the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida enacted pursuant thereto by the Legislature shall be the supreme law in Dade County, Florida, except as expressly provided herein and this section shall be strictly construed to maintain such supremacy of this Constitution and of the Legislature in the enactment of general laws pursuant to this Constitution. Note: The Florida Constitution of 1968 contains the following language providing that the Home Rule Amendment to the Florida Constitution of 1885 remains in full force and effect: ARTICLE VIII, SECTION 6 FLORIDA CONSTITUTION 1968 Section 6. Schedule to Article VIII (a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference. * * * (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 10, 11 and 24, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amend- 5

50 MIAMI-DADE COUNTY CODE ments thereto are authorized under said Article VIII, Section 11, of the Constitution of 1885, as amended. (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities. 6

51 CONSTITUTIONAL AMENDMENT AND CHARTER Sec Financial Disclosure. The Commission shall by ordinance make provision for the filing under oath or affirmation by all County and municipal elective officials, candidates for County and municipal elective offices, such employees as may be designated by ordinance, and such other public officials, and outside consultants who receive funds from the County or municipalities, within the County and who may legally be included, of personal financial statements, copies of personal Federal income tax returns, or itemized source of income statements. Provision shall be made for preparing and keeping such reports current from time to time, and for public disclosure. The Commission shall also make provision for the filing annually under oath of a report by fulltime County and municipal employees of all outside employment and amounts received therefrom. The Mayor and any City Manager may require monthly reports from individual employees or groups of employees for good cause. 16. Representation of Public. The Commission shall endeavor to provide representation at all proceedings significantly affecting the County and its residents before State and Federal regulatory bodies. 17. Commission on Ethics and Public Trust. The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust comprised of five members, not appointed by the County Commission, with the authority to review, interpret, render advisory opinions and enforce the county and municipal code of ethics ordinances, conflict of interest ordinances, lobbyist registration and reporting ordinances, ethical campaign practices ordinances, when enacted, and citizens' bill of rights. (B). The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of Dade County. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the County. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C). Remedies for Violations. A citizen may bring a cause of action alleging a violation of this Article filed in the Dade County Circuit Court pursuant to its general equity jurisdiction and if successful, shall be entitled to recover costs as fixed by the Court. The Commission on Ethics and Public Trust may also enforce the provisions of this Article and may impose any penalty authorized by County Code not otherwise prohibited by a collective bargaining agreement, for a violation of this Article. Any penalty imposed by the Commission on Ethics and Public Trust pursuant to this subsection may be enforced in the Miami- Dade County Circuit Court. (D). Construction. All provisions of this Article shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this Article shall be declared invalid, it shall not affect the validity of the remaining provisions. ARTICLE 1. BOARD OF COUNTY COMMISSIONERS SECTION POWERS. A. The Board of County Commissioners shall be the legislative and the governing body of the county. The County shall have the power to carry on a central metropolitan government. The Board's powers shall include but shall not be restricted to the powers to: 1. Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; eliminate grade crossings; provide and regulate parking facilities; and develop and enforce master plans for the control of traffic and parking. 9

52 Sec MIAMI-DADE COUNTY CODE 2. Provide and operate air, water, rail, and bus terminals, port facilities, and public transportation systems. 3. License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire operating in the county. 4. Provide central records, training, and communications for fire and police protection; provide traffic control and central crime investigation; provide fire stations, jails, and related facilities; and subject to Section 1.01A(18) provide a uniform system for fire and police protection. 5. Prepare and enforce comprehensive plans for the development of the county. 6. Provide hospitals and uniform health and welfare programs. 7. Provide parks, preserves, playgrounds, recreation areas, libraries, museums, and other recreational and cultural facilities and programs. 8. Establish housing, slum clearance, urban renewal, conservation, flood and beach erosion control, air pollution control, and drainage programs and cooperate with governmental agencies and private enterprises in the development and operation of these programs. 9. Provide and regulate or permit municipalities to provide and regulate waste and sewage collection and disposal and water supply and conservation programs. 10. Levy and collect taxes and special assessments, borrow and expend money and issue bonds, revenue certificates, and other obligations of indebtedness in such manner, and subject to such limitations, as may be provided by law. 11. By ordinance, establish, merge, and abolish special purpose districts within which may be provided police and fire protection, beach erosion control, recreation facilities, water, streets, sidewalks, street lighting, waste and sewage collection and disposal, drainage, and other essential facilities and services. All county funds for such districts shall be provided by service charges, special assessments, or general tax levies within such districts only. The Board of County Commissioners shall be the governing body of all such districts and when acting as such governing body shall have the same jurisdiction and powers as when acting as the Board; provided, however, that the governing board of the Children's Trust shall not be the Board of County Commissioners, but shall have membership as provided in state law for children's service councils serving home rule charter counties. The Children's Trust shall have the authority to fund improvements to children's health, development and safety; promote parental and community responsibility for children; levy an annual ad valorem tax not to exceed one-half ( 1 /2) mill to supplement current county expenditures for children services and require voter renewal in Note: By special election called pursuant to Resolution No. R , and held on August 26, 2008, the voters renewed The Children's Trust's ability to continue to levy an annual ad valorem tax. 12. Establish, coordinate, and enforce zoning and such business regulations as are necessary for the protection of the public. 13. Adopt and enforce uniform building and related technical codes and regulations for both the incorporated and unincorporated areas of the county; provide for examinations for contractors and all parties engaged in the building trades and for the issuance of certificates of competency and their revocation after hearing. Such certificates shall be recognized and required for the issuance of a license in all municipalities in the county. No municipality shall be entitled to require examinations or any additional certificate of competency or impose any other conditions for the issuance of a municipal license except the payment of the customary fee. The municipality may issue 10

53 CONSTITUTIONAL AMENDMENT AND CHARTER Sec building permits and conduct the necessary inspections in accordance with the uniform codes and charge fees therefor. 14. Regulate, control, take over, and grant franchises to, or itself operate gas, light, power, telephone, and other utilities, sanitary and sewage collection and disposal systems, water supply, treatment, and service systems, and public transportation systems, provided, however, that: (a) (b) Franchises under this subsection may only be granted by a two-thirds vote of the members of the Board present and approved by a majority vote of those qualified electors voting at either a special or general election. The county shall not operate a light, power, or telephone utility to serve any territory in the county which is being supplied with similar service except by a majority vote of those qualified electors voting in an election held not less than six months after the Board has passed an ordinance to that effect by a two-thirds vote of the members of the Board present. Such ordinance shall contain information on cost, method of financing, agency to regulate rates, agency to operate, location, and other information necessary to inform the general public of the feasibility and practicability of the proposed operation. 15. Use public funds for the purposes of promoting the development of the county, including advertising of the area's advantages. 16. Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas and approve municipal regulations on hours of sale of alcoholic beverages. 17. Enter into contracts with other governmental units within or outside the boundaries of the county for joint performance or performance by one unit in behalf of the other of any authorized function. 18. Set reasonable minimum standards for all governmental units in the county for the performance of any service or function. The standards shall not be discriminatory as between similar areas. If a governmental unit fails to comply with such standards, and does not correct such failure after reasonable notice by the Board, then the Board may take over and perform, regulate, or grant franchises to operate any such service. The Board may also take over and operate, or grant franchises to operate any municipal service if: (a) (b) In an election called by the Board of County Commissioners within the municipality a majority of those voting vote in favor of turning the service over to the county; or The governing body of the municipality requests the county to take over the service by a two-thirds vote of its members, or by referendum. 19. By ordinance, abolish or consolidate the office of constables, or any county office created by the Legislature, or provide for the consolidation and transfer of any of the functions of such officers, provided, however, that there shall be no power to abolish the Superintendent of Public Instruction, or to abolish or impair the jurisdiction of the Circuit Court or to abolish any other Court, provided by the Constitution or by general law, or the judges or clerks thereof. 20. Make investigations of county affairs, inquire into the conduct, accounts, records, and transactions of any department or office of the county, and for these purposes require reports from all county officers and employees, subpoena witnesses, administer oaths, and require the production of records. 21. Exercise all powers and privileges granted to municipalities, counties, and county officers by the Constitution and laws of the state, and all powers not prohibited by the Constitution or by this Charter. 11

54 Sec MIAMI-DADE COUNTY CODE 22. Adopt such ordinances and resolutions as may be required in the exercise of its powers, and prescribe fines and penalties for the violation of ordinances. 23. Perform any other acts consistent with law which are required by this Charter or which are in the common interest of the people of the county. 24. Supersede, nullify, or amend any special law applying to this county, or any general law applying only to this county, or any general law where specifically authorized by the Constitution. B. No enumeration of powers in this Charter shall be deemed exclusive or restrictive and the foregoing powers shall be deemed to include all implied powers necessary and proper to carrying out such powers. All of these powers may be exercised in the incorporated and unincorporated areas, subject to the procedures herein provided in certain cases relating to municipalities. C. The Board shall have the power of eminent domain and the right to condemn property for public purposes. The Board shall make fair and just compensation for any properties acquired in the exercise of its powers, duties, or functions. The Board shall also provide for the acquisition or transfer of property, the payment, assumption, or other satisfaction of the debts, and the protection of pension rights of affected employees of any governmental unit which is merged, consolidated, or abolished or whose boundaries are changed or functions or powers transferred. D. The Board shall be entitled to levy in the unincorporated areas all taxes authorized to be levied by municipalities and to receive from the state any revenues collected in the unincorporated areas on the same basis as municipalities. SECTION RESOLUTIONS AND ORDI- NANCES. A. The Board shall adopt its own rules of procedure and shall decide which actions of the Board shall be by ordinance or resolution, except as otherwise provided in this Charter and except that any action of the Board 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. B. Every ordinance shall be introduced in writing and shall contain a brief title. The enacting clause shall be "Be it Ordained by the Board." After passage on first reading, a short summary of the ordinance shall be published in a daily newspaper of general circulation at least once together with a notice of the time when and place where it will be given a public hearing and be considered for final passage. The first such publication shall be at least one week prior to the time advertised for hearing. No ordinance shall be declared invalid by reason of any defect in publication or title if the published summary gives reasonable notice of its intent. C. At the time and place so advertised, or at any time and place to which such public hearing may from time to time be adjourned, the ordinance shall be read by title and a public hearing shall be held. After the hearing, the Board may pass the ordinance with or without amendment. No provision herein shall prohibit a committee of the commission from conducting such public hearing, as provided by Section D. The Board may adopt in whole or in part any published code by reference as an ordinance in the manner provided by law. E. The effective date of any ordinance shall be prescribed therein, but the effective date shall not be earlier than ten days after its enactment. F. To meet a public emergency affecting life, health, property, or public safety the Board by two-thirds vote of the members of the Board may adopt an emergency ordinance at the meeting at which it is introduced, and may make it effective immediately, except that no such ordinance may be used to levy taxes, grant or extend a franchise, or authorize the borrowing of money. After the adoption of an emergency ordinance, the Board shall have it published in full within ten days in a daily newspaper of general circulation. 12

55 CONSTITUTIONAL AMENDMENT AND CHARTER Sec G. Each ordinance and resolution after adoption shall be given a serial number and shall be entered by the clerk in a properly indexed record kept for that purpose. H. Within two years after adoption of this Charter the Board shall have prepared a general codification of all county ordinances and resolutions having the effect of law. The general codification thus prepared shall be adopted by the Board in a single ordinance. After adoption the Board shall have the codification printed immediately in an appropriate manner together with the Charter and such rules and regulations as the Board may direct. Additions or amendments to the code shall be prepared, adopted, and printed at least every two years. SECTION DISTRICTS. A. There shall be thirteen County Commission districts. The current boundaries of these districts shall be as shown on the map attached as Exhibit A and made a part hereof. B. The Board may by ordinance adopted by two-thirds vote of the members of the Board change the boundaries of the districts from time to time. The boundaries shall be fixed on the basis of the character, population, and geography of the districts. SECTION COMPOSITION OF THE COMMISSION. The Commission shall consist of thirteen members, each of whom shall be a qualified elector residing within his or her district for at least six months and within the County for at least three years before qualifying and who shall be elected by the qualified electors of his or her district. SECTION FORFEITURE OF OFFICE OF COUNTY ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES. A. Any member of the Board of County Commissioners who ceases to be a qualified voter of the county or removes himself from the county or the district from which he was elected, or who fails to attend meetings without good cause for a period of six months, shall immediately forfeit his office. Any Commissioner who ceases to reside in the district which he represents shall also immediately forfeit his office. B. Any elected or appointed county official who holds any other elective office, whether federal, state or municipal, shall forfeit his county position, provided that the provisions of this subsection shall not apply to any officials presently holding such other office during the remainder of the present terms. C. Any appointed official or employee of Dade County who qualifies as a candidate for election to any federal, state or municipal office shall immediately take a leave of absence from his or her county position until the date of the election and shall, if elected, immediately forfeit his or her county position. If the candidate is not elected, he or she shall immediately be reinstated to his or her former position. SECTION SALARY. Each County Commissioner shall receive a salary of $6,000 per year payable monthly and shall be entitled to be reimbursed for such reasonable and necessary expenses as may be approved by the Board. SECTION VACANCIES IN THE OFFICE OF MAYOR OR COUNTY COMMISSIONER. Any vacancy in the office of Mayor or the members of the Board shall be filled by majority vote of the remaining members of the Board within 30 days, or the Board shall call an election to be held not more than 90 days thereafter to fill the vacancy. The qualification period for such election shall be the first 10 days after the call of the election and any runoff election shall be held within 30 days of the certification of election results requiring a runoff. The person chosen to fill the office vacated must at the time of appointment meet the residence requirements for the office to which such person is appointed. A person appointed shall serve only until the next countywide election. A person elected shall serve for the remainder of the unexpired term of office. If a majority of the members of the Board should 13

56 Sec MIAMI-DADE COUNTY CODE become appointed rather than elected to office, then the Board shall call an election to be held not more than 90 days thereafter to permit the registered electors to elect commissioners to succeed the appointed commissioners; appointed commissioners may succeed themselves unless otherwise prohibited by the Charter. The qualification period for such election shall be the first 10 days after the call of the election and any runoff election shall be held within 30 days of the certification of election results requiring a runoff. If a county-wide election is scheduled to be held within 180 days from the date on which the majority of the members of the Board become appointive, the Board may elect to defer the required election until the scheduled county-wide election. SECTION ORGANIZATION OF THE COMMISSION AND COM- MISSION COMMITTEES. The Mayor shall not be a member of the Commission. The Commission shall select the chairperson and vice-chairperson of the Commission. The Chairperson shall preside over commission meetings and perform such other duties set forth in the charter and ordinances of Miami-Dade County. The Vice-Chairperson shall perform the duties of the chairperson in the absence or incapacity of the Chairperson. Any member may be selected by the Commission to preside over commission meetings in the event of the absence of the Chairperson and the Vice-Chairperson. The Commission may organize itself into standing committees, special committees, and ad hoc committees. Upon formation of any such committees, the Commission may appoint its members or authorize the Chairperson to appoint committee members. Commission committees may conduct public hearings, as authorized by ordinance of the Commission. The Clerk of the Circuit Court or a deputy shall serve as clerk of the Commission. No action of the Commission shall be taken except by a majority vote of those present at a meeting at which a majority of the Commissioners then in office is present. All meetings shall be public. ARTICLE 2. MAYOR SECTION ELECTION OF MAYOR. There shall be elected by the qualified electors of the county at large a Mayor who shall be a qualified elector residing within the county at least three years before qualifying. The Mayor shall not serve as a member of the Commission. SECTION RESPONSIBILITIES THE MAYOR. OF The Mayor shall serve as head of the county government with the following specific powers and responsibilities: A. The Mayor shall be responsible for the management of all administrative departments of the County government and for carrying out policies adopted by the Commission. The Mayor, or such other persons who may be designated by the Mayor, shall execute contracts and other instruments, and sign bonds and other evidences of indebtedness. The Mayor shall serve as the head of the County for emergency management purposes. B. The Mayor shall have the right to attend and be heard at any regular or special open session meeting of the Commission, but not the right to vote at such meetings. C. Unless otherwise provided by this Charter, the Mayor shall have the power to appoint all department directors of the administrative departments of the County. Appointment of these department directors shall become effective unless disapproved by a two-thirds majority of those Commissioners then in office at the Commission's next regularly scheduled meeting. The Mayor shall also have the right to suspend, reprimand, remove, or discharge any administrative department director, with or without cause. D. The Mayor shall within ten days of final adoption by the Commission, have veto authority over any legislative, quasijudicial, zoning, master plan or land use decision of the Commission, including the budget or any particular component contained therein which was approved by the Commission; provided, however, that (1) if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed and (2) the 14

57 CONSTITUTIONAL AMENDMENT AND CHARTER Sec Mayor may not veto the selection of the chairperson or vice-chairperson of the commission, the enactment of commission committee rules, the formation of commission committees, or the appointment of members to commission committees. The Commission may at its next regularly scheduled meeting after the veto occurs, override that veto by a two-thirds vote of the Commissioners present. E. The Mayor shall prepare and deliver a report on the state of the county to the people of the county between November 1 and January 31 annually. Such report shall be prepared after consultation with the Commissioners. F. The Mayor shall prepare and deliver a budgetary address annually to the people of the county in March. Such address shall set forth the Mayor's funding priorities for the County. (Am. of ) Note By special election called pursuant to Resolution No. R , and held on August 24, 2010, the voters amended Section 2.02 effective the second Tuesday next succeeding the date of the general election held November SECTION TEMPORARY TRANSFER OF MAYORAL POWERS AND RESPONSIBILITIES UPON A VACANCY OR INCAPAC- ITY IN THE OFFICE OF MAYOR. Upon a vacancy or incapacity in the Office of Mayor and until such time as the vacancy is filled in accordance with Section 1.07 of the Charter or the Mayor is no longer incapacitated, the powers and responsibilities vested by this Charter in the Office of Mayor to head the County for emergency management purposes, to hire department directors and to recommend waivers of competitive bidding shall be temporarily vested in the Office of the Chairperson of the County Commission as supplementary powers and responsibilities of such Office and shall not reside in the Office of Mayor. During such time, if the Chairperson relinquishes such supplemental powers and responsibilities in writing filed with the Clerk of the Board, such supplemental powers shall be vested in the Office of Vice-Chairperson of the County Commission. If the Vice-Chairperson relinquishes such supplemental powers and responsibilities in writing filed with the Clerk of the Board, such supplemental powers shall be vested in a commissioner chosen by a majority of those Board members present. The temporary removal and transfer of powers and responsibilities provided for in this Section shall not be construed to fill the vacancy in the Office of Mayor. Immediately upon filling the vacancy in the Office of Mayor the powers and responsibilities vested in the Office of Mayor shall be as provided in this Charter without regard to this Section. The Board shall by ordinance establish a definition of incapacity in the Office of Mayor for purposes of this Section. ARTICLE 3. ELECTIONS SECTION ELECTION AND COM- MENCEMENT OF TERMS OF COUNTY COMMISSION- ERS. A. The election of the Commissioners from even-numbered districts shall be held in 1994 and every four years thereafter and the election of Commissioners from odd-numbered districts shall be held in 1996 and every four years thereafter at the time of the state primary elections. B. A candidate must receive a majority of the votes cast to be elected. Effective with the election for County Commission in 2004, if no candidate receives a majority of the votes cast there will be a runoff election at the time of the general election following the state primary election between the two candidates receiving the highest number of votes. Should a tie result, the outcome shall be determined by lot. C. Except as otherwise provided in this Charter, beginning with the elections in 2004, the terms of office of the Mayor and County Commissioners shall commence on the second Tuesday next succeeding the date of the general election in November. D. Notwithstanding any other provision of this Charter, effective with the term of Mayor scheduled to commence in October, 1996, no person 15

58 Sec MIAMI-DADE COUNTY CODE shall be elected as Mayor for more than two consecutive four-year terms. Neither service as Mayor or County Commissioner prior to the terms scheduled to commence in October, 1996, nor service of a partial term subsequent to October, 1996, shall be considered in applying the term limitation provisions of this section. E. Notwithstanding any other provision of this Charter, effective with the term of Commissioners scheduled to commence in 2012, no person shall be elected as Commissioner for more than two consecutive four-year terms. No term of service as a Commissioner commencing prior to 2012 shall be considered a part of or counted toward the two term limit. SECTION RESERVED. SECTION NONPARTISAN TIONS. ELEC- All elections for Mayor and the other members of the Board shall be nonpartisan and no ballot shall show the party designation of any candidate. No candidate shall be required to pay any party assessment or state the party of which he is a member or the manner in which he voted or will vote in any election. SECTION QUALIFICATIONS AND FIL- ING FEE. A. All candidates for the office of Mayor or County Commissioner shall qualify with the Clerk of the Circuit Court no earlier than the 84th day and no later than noon on the 70th day prior to the date of the election at which he is a candidate in the method provided by law or ordinance, and shall pay a filing fee of $300. All filing fees shall be paid into the general funds of the county. B. Notwithstanding the foregoing, a person who seeks to qualify as a candidate for the office of Mayor or County Commissioner and who meets the petition requirements of this section is not required to pay the filing fee required by this section or any other qualifying fee required by the state (collectively the "Qualifying Fee"). A candidate who seeks to qualify without paying the Qualifying Fee must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least 1 percent of the total number of registered voters of that geographical area, as shown by the compilation by the Supervisor of Elections for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to state law. The format of the petition shall be prescribed by the Supervisor of Elections and shall be used by candidates to reproduce petitions for circulation. Each petition must be submitted before noon of the 28th day preceding the first day of the qualifying period for the office sought to the Supervisor of Elections. The Supervisor shall check the signatures on the petitions to verify their status as voters in the geographical area represented by the office sought. No later than the 7th day before the first day of the qualifying period, the Supervisor of Elections shall certify the number of valid signatures. The Supervisor of Elections shall determine whether the required number of signatures has been obtained and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall be eligible to qualify pursuant to this section without paying the Qualifying Fee. SECTION RESERVED. SECTION ADDITIONAL REGULA- TIONS AND STATE LAWS. A. The Board may adopt by ordinance any additional regulations governing elections not inconsistent with this Charter. B. Except as otherwise provided by this Charter or by ordinance adopted hereunder the provisions of the election laws of this state shall apply to elections held under this Charter. SECTION CANVASSING ELECTIONS. All elections under this Charter shall be canvassed by the County Canvassing Board as provided under the election laws of this state. 16

59 CONSTITUTIONAL AMENDMENT AND CHARTER Sec ARTICLE 4. RESERVED* ARTICLE 5. ADMINISTRATIVE ORGANIZATION AND PROCEDURE SECTION DEPARTMENTS. There shall be departments of finance, personnel, planning, law, and such other departments as may be established by administrative order of the Mayor. All administrative functions not otherwise specifically assigned to others by this Charter shall be performed under the supervision of the Mayor. SECTION ADMINISTRATIVE PROCE- DURE. The Mayor shall have the power to issue and place into effect administrative orders, rules, and regulations. The organization and operating procedure of administrative departments shall be set forth in regulations, which the Mayor shall develop, place into effect by administrative orders, and submit to the Board. SECTION FINANCIAL ADMINISTRA- TION. A. The department of finance shall be headed by a finance director appointed by the Mayor and the Clerk of the Circuit and County Courts. The finance director shall have charge of the financial affairs of the county. B. Between June 1 and July 15, the County Mayor should prepare a proposed budget containing a complete financial plan, including capital and operating budgets, for the ensuing fiscal year. The budget prepared and recommended by the Mayor, shall be presented by the Mayor or his or her designee to the Commission on or before the Board adopts tentative millage rates for the ensuing fiscal year. A summary of the budget shall *Note By special election called pursuant to Resolution No. R , and held on August 24, 2010, the voters deleted Article 4 [County Manager] of the Home Rule Charter effective the second Tuesday next succeeding the date of the general election held November be published and the Board shall hold hearings on and adopt a budget on or before the dates required by law. C. No money shall be drawn from the county treasury nor shall any obligation for the expenditure of money be incurred except pursuant to appropriation and except that the Board may establish working capital, revolving, pension, or trust funds and may provide that expenditures from such funds can be made without specific appropriation. The Board, by ordinance, may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund, or agency to another, subject to the provisions of ordinance. Any portion of the earnings or balance of the several funds, other than sinking funds for obligations not yet retired, may be transferred to the general funds of the county by the Board. D. Contracts for public improvements and purchases of supplies, materials, and services other than professional shall be made whenever practicable on the basis of specifications and competitive bids. Formal sealed bids shall be secured for all such contracts and purchases when the transaction involves more than the minimum amount established by the Board of County Commissioners by ordinance. The transaction shall be evidenced by written contract submitted and approved by the Board. The Board, upon written recommendation of the Mayor, may by resolution adopted by two-thirds vote of the members present waive competitive bidding when it finds this to be in the best interest of the county. Notwithstanding any other provision of the Charter to the contrary, in circumstances where the Mayor informs the Chairperson of the Board of County Commissioners in writing that he or she has a conflict of interest in the solicitation, evaluation, award, or recommendation of award of a contract, the Chairperson of the Board of County Commissioners and not the Mayor shall have all authority provided by this Charter or the Board to solicit, evaluate, award or recommend the award of such contract including, but not limited to, the authority to recommend a bid waiver in writing. E. Any county official or employee of the county who has a special financial interest, direct or indirect, in any action by the Board shall make 17

60 Sec MIAMI-DADE COUNTY CODE known that interest and shall refrain from voting upon or otherwise participating in such transaction. Willful violation of this Section shall constitute malfeasance in office, shall effect forfeiture of office or position, and render the transaction voidable by the Board. F. Such officers and employees of the county as the Board may designate shall give bond in the amount and with the surety prescribed by the Board. The bond premiums shall be paid by the county. G. At the end of each fiscal year the Board shall provide for an audit by an independent certified public accountant designated by the Board of the accounts and finances of the county for the fiscal year just completed. H. The Budget Commission created by Chapter 21874, Laws of Florida, 1943, is hereby abolished, and Chapter shall no longer be of any effect. SECTION ASSESSMENT AND COL- LECTION OF TAXES. A. Commencing with the general election to be held in November 2008 and every four years thereafter, the Miami-Dade County Property Appraiser shall be elected on a nonpartisan basis, by a majority of the qualified electors voting at a county-wide election held within Miami-Dade County, Florida. B. Beginning with the tax year 1961, the county tax rolls prepared by the county shall be the only legal tax rolls in this county for the assessment and collection of county and municipal taxes. Thereafter no municipality shall have an assessor or prepare an ad valorem tax roll. Each municipality shall continue to have the right to adopt its own budget, fix its own millage, and levy its own taxes. Each municipality shall certify its levies to the County not later than 30 days after the county tax rolls have been finally approved by the Board. Any municipality may obtain a copy of this tax roll upon payment of the cost of preparing such a copy, and copies of the tax rolls shall be available for public inspection at reasonable times. Maps showing the assessed valuation of each parcel of property may be prepared and made available for sale to the public at a reasonable price. C. All county and municipal taxes for the tax year beginning January 1, 1961, and all subsequent tax years, shall be collected by the county on one bill prepared and sent out by the county. The amounts of county and municipal taxes shall be shown as separate items, and may be paid separately. D. Delinquent municipal taxes shall be collected in the same manner as delinquent county taxes. E. All the tax revenues collected for any municipality shall be returned monthly by the county to the municipality. SECTION DEPARTMENT OF PERSON- NEL. A. The Board of County Commissioners shall establish and maintain personnel and civil service, retirement, and group insurance programs. The personnel system of the county shall be based on merit principles in order to foster effective career service in county employment and to employ those persons best qualified for county services which they are to perform. B. The Mayor shall appoint a personnel director who shall head the department of personnel and whose duty it shall be to administer the personnel and civil service programs and the rules governing them. The standards of such programs shall not be less than those prevailing at the time of the effective date of this Charter. C. Except as provided herein, Chapter 30255, General Laws, 1955, as it exists on the effective date of this Charter, shall remain in effect until amended or changed by ordinance of the Board of County Commissioners adopted by two-thirds vote of the members present after recommendation from either the Personnel Advisory Board or the County Mayor. D. Employees of municipalities who, by merger, transfer, or assignment of governmental units or functions become county employees, shall not lose the civil service rights or privileges which have 18

61 CONSTITUTIONAL AMENDMENT AND CHARTER Sec accrued to them during their period of employment with such municipality, and the county shall use its best efforts to employ these employees within the limits of their capabilities. However, if because of the merger of a department or division of a municipality with the county, all of the employees of such department or division are unable to be employed by the county either because of lack of funds or lack of work, the employee possessing the greater amount of service shall be retained in accordance with civil service rules and regulations. Those employees who are not retained shall be placed on a priority list for employment by the county subject to seniority. Any non-retained employee shall have the option, if a vacancy occurs or exists in another department, and if he is qualified to render the service required, to either accept such employment or remain on the priority list until such time as employment shall be available for him in his own or similar classification. E. The pension plan presently provided by the state for county employees shall not be impaired by the Board. Employees of municipalities, who by merger, transfer, or assignment of governmental units or functions become county employees shall not lose their pension rights, or any reserves accrued to their benefit during their period of employment with such municipality. The Board of County Commissioners shall provide a method by which these employees' rights and reserves shall be protected, and these employees shall continue until retirement, dismissal, or death in a pension status no less beneficial than the status held by them at the time of merger or assignment. F. The Board of County Commissioners shall provide and place into effect a practical group insurance plan for all county employees. SECTION DEPARTMENT OF LAW. There shall be a County Attorney appointed by the Board of County Commissioners, subject to veto by the Mayor unless overridden by a twothirds majority of those Commissioners then in office who shall serve at the will of the Board and who shall head the department of law. He shall devote his full time to the service of the county and shall serve as legal counsel to the Board, Mayor, and all county departments, offices, and agencies, and perform such other legal duties as may be assigned to him. He may appoint such assistants as may be necessary in order that his duties may be performed properly. The Board may employ special counsel for specific needs. (Am. of ) Note By special election called pursuant to Resolution No. R , and held on August 24, 2010, the voters amended Section 5.06 effective the second Tuesday next succeeding the date of the general election held November SECTION DEPARTMENT OF PLAN- NING. The department of planning shall be headed by a planning director appointed by the Mayor. The planning director shall be qualified in the field of planning by special training and experience. Under the supervision of the Mayor and with the advice of the Planning Advisory Board elsewhere provided for in this Charter, the planning director shall among other things: 1. Conduct studies of county population, land use, facilities, resources, and needs and other factors which influence the county's development, and on the basis of such studies prepare such official and other maps and reports as, taken together, constitute a master plan for the welfare, recreational, economic, and physical development of the county. 2. Prepare for review by the Planning Advisory Board, and for adoption by the Board of County Commissioners, zoning, subdivision and related regulations for the unincorporated areas of the county and minimum standards governing zoning, subdivision, and related regulations for the municipalities; and prepare recommendations to effectuate the master plan and to coordinate the county's proposed capital improvements with the master plan. 3. Review the municipal systems of planning, zoning, subdivision, and related regulations and make recommendations thereon with a view of coordinating such municipal systems with one another and with those of the county. 19

62 Sec MIAMI-DADE COUNTY CODE SECTION BOARDS. A. The Board of County Commissioners shall by ordinance create a Planning Advisory Board, a Zoning Appeals Board, and such other boards as it may deem necessary, prescribing in each case the number, manner of appointment, length of term, and advisory or quasi-judicial duties of members of such boards, who shall serve without compensation but who may be reimbursed for necessary expenses incurred in official duties, as may be determined and approved by the Board of County Commissioners. B. The Board of County Commissioners may by ordinance provide for the expansion of the City of Miami Water and Sewer Board to an agency county-wide in scope and authority, with the power to acquire, construct and operate water and sewer systems within the incorporated and the unincorporated areas of Dade County, which agency shall be known as the Miami-Dade Water and Sewer Authority. The Miami-Dade Water and Sewer Authority shall have the responsibility to develop and operate a county-wide water and sewer system for the purpose of providing potable water, sewage collection and disposal and water pollution abatement to the citizens of Dade County. C. Dade County shall retain all its powers, including but not limited to that of eminent domain, in relation to the creation of a countywide water and sewer system. SECTION RESTRICTION ON THE COMMISSION MEMBERS. A. No Commissioner shall direct or request the appointment of any person to, or his or her removal from, office by any subordinate of the Mayor, or take part in the appointment or removal of officers and employees in the administrative services of the County, nor shall any subordinate of the Mayor accede to such direction or request. B. Except where otherwise prohibited by Ordinance, Commissioners shall be permitted to communicate and make inquiries of the administrative services for the purpose of transmitting constituent inquiries or assisting Commissioners in the exercise of their powers as set forth in Section 1.01A. Except as provided elsewhere in this Charter, Commissioners shall not be permitted to give orders, either publicly or privately, to any subordinate of the Mayor. No County employee or official, other than the County Mayor or his or her designee, shall respond to or undertake any action to comply with any request by any Commissioner which violates the provisions of the preceding paragraph. The County Mayor shall not knowingly allow any Commissioner to deal with the administrative services in violation of the provisions of this section. (Am. of ) Note By special election called pursuant to Resolution No. R , and held on August 24, 2010, the voters added Section 5.09 effective the second Tuesday next succeeding the date of the general election held November ARTICLE 6. MUNICIPALITIES SECTION CONTINUANCE OF MUNIC- IPALITIES. The municipalities in the county shall remain in existence so long as their electors desire. No municipality in the county shall be abolished without approval of a majority of its electors voting in an election called for that purpose. Notwithstanding any provision of the Charter, the Board of County Commissioners shall have the authority to abolish a municipality by ordinance where such municipality has twenty or fewer electors at the time of adoption of the ordinance abolishing the municipality. The right of self determination in local affairs is reserved and pre-reserved to the municipalities except as otherwise provided in this Charter. SECTION MUNICIPAL POWERS. Each municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be preserved for its citizens. 20

63 CONSTITUTIONAL AMENDMENT AND CHARTER Sec SECTION MUNICIPAL CHARTERS. A. Except as provided in Section 6.04, any municipality in the county may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner. Its governing body shall, within 120 days after adopting a resolution or after the certification of a petition of ten percent of the qualified electors of the municipality, draft or have drafted by a method determined by municipal ordinance a proposed charter amendment, revocation, or abolition which shall be submitted to the electors of the municipalities. Unless an election occurs not less than 60 nor more than 120 days after the draft is submitted, the proposal shall be submitted at a special election within that time. The governing body shall make copies of the proposal available to the electors not less than 30 days before the election. Alternative proposals may be submitted. Each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. B. All municipal charters, amendments thereto, and repeals thereof shall be filed with the Clerk of the Circuit Court. SECTION CHANGES IN MUNICIPAL BOUNDARIES. A. The planning director shall study municipal boundaries with a view to recommending their orderly adjustment, improvement, and establishment. Proposed boundary changes may be initiated by the Planning Advisory Board, the Board of County Commissioners, the governing body of a municipality, or by a petition of any person or group concerned. B. The Board of County Commissioners, after obtaining the approval of the municipal governing bodies concerned, after hearing the recommendations of the Planning Advisory Board, and after a public hearing, may by ordinance effect boundary changes, with an affirmative vote of the members of the Board of County Commissioners. In making such decision, the Board shall consider whether commercial areas are included in the boundaries of the proposed area to be annexed for the mere benefit of increasing the tax base of the annexing municipality. Changes that involve the annexation or separation of an area of which more than 250 residents are electors shall also require an affirmative vote of a majority of those electors voting. Upon any such boundary change any conflicting boundaries set forth in the charter of such municipality shall be considered amended. C. No municipal boundary shall be altered except as provided by this Section. SECTION CREATION OF NEW MUNIC- IPALITIES. A. The Board of County Commissioners and only the Board may authorize the creation of new municipalities in the unincorporated areas of the county after hearing the recommendations of the Planning Advisory Board, after a public hearing, and after an affirmative vote of a majority of the electors voting and residing within the proposed boundaries. The Board of County Commissioners shall appoint a charter commission, consisting of five electors residing within the proposed boundaries, who shall propose a charter to be submitted to the electors in the manner provided in Section The new municipality shall have all the powers and rights granted to or not withheld from municipalities by this Charter and the Constitution and general laws of the State of Florida. Notwithstanding any provision of this Charter to the contrary, with regard to any municipality created after September 1, 2000, the pre-agreed conditions between the County and the prospective municipality which are included in the municipal charter can only be changed if approved by an affirmative vote of two-thirds (2/3) of the members of the Board of County Commissioners then in office, prior to a vote of qualified municipal electors. B. A new municipality may also be created by petition of electors residing in the area to be incorporated in accordance with the following process: 1. An incorporation committee composed of a minimum of five (5) electors from the proposed area of incorporation will initiate the process by filing with the Clerk of the Circuit Court an initiatory petition on a form prescribed by the Clerk for such purpose. The form shall identify the names 21

64 Sec MIAMI-DADE COUNTY CODE and addresses of the Incorporation Committee members and describe the proposed incorporation area. The form of the petition shall prominently state that a budgetary analysis and a copy of the proposed charter will be distributed to the electors within the area and made available, as required by this section. Within seven (7) days of receipt of the form, the Clerk will determine if the form is acceptable and if it is acceptable shall approve the form of petition and provide the Incorporation Committee the total number of the electors within the proposed incorporation area and the number of required signatures which shall be equal to twenty percent (20%) of the electors in the proposed incorporation area and shall notify the Board of County Commissioners. If the Clerk determines that the form of petition does not comply with the requirements of this Charter or inaccurately describes proposed boundaries, the Clerk may disapprove the form of petition and provide notification to the Incorporation Committee and the Board of County Commissioners of the disapproval. The Clerk shall advise the Incorporation Committee as to the reasons for disapproval and the Incorporation Committee may submit a new petition at any time. If the Clerk approves the form of the petition, the Incorporation Committee, within ninety (90) days of such approval, shall submit to the Board of County Commissioners a proposed municipal charter, which, at a minimum, shall set forth the form of government and governing body of the newly incorporated area as well as provide for the conditions for incorporation as set forth in Section 6.05(B)(7) below. During such ninety (90) day period, the incorporation committee shall hold at least three public hearings on the proposed municipal charter, in three different locations in the area proposed to be incorporated, notice of which shall be mailed to all electors within the area proposed for incorporation. 2. (a) No later than ninety (90) days from the date of approval of the above form by the Clerk, the Board of County Commissioners shall review the appropriateness of the petition for incorporation and proposed municipal charter and recommend any changes to the boundaries of the proposed municipality and proposed municipal charter to the Incorporation Committee at a public hearing. (b) (c) At such public hearing, the Board of County Commissioners shall approve the proposed incorporation petition, as presented in the petition or as revised by the Incorporation Committee, or reject the incorporation petition as presented or as revised by the Incorporation Committee. The County Commission's failure to review the incorporation petition within the time required by this paragraph is subject to mandamus by a court of competent jurisdiction. 3. The Incorporation Committee will have six (6) months from the date by which the Board was required to have reviewed the incorporation petition to obtain signatures equal to twenty percent (20%) of the electors in the proposed incorporation area, with signatures on a petition provided by the Clerk. The petition shall require the name, address and signature of the elector and such signatures shall be notarized. 4. The signed petitions will be submitted to the Supervisor of Elections, who shall have thirty (30) days to canvass the signatures contained therein. 5. Upon certification of the sufficiency of the signatures on the petition, the Supervisor of Elections shall present the petition to the Board of County Commissioners at their next regularly scheduled meeting. After conducting a public hearing at such meeting, the Board of County Commissioners shall decide whether or not to call an election to authorize the creation of a 22

65 CONSTITUTIONAL AMENDMENT AND CHARTER Sec city and approve a municipal charter for the proposed municipality. If the Board decides to call an election to authorize the creation of the municipality and approve the municipal charter, such election shall occur no sooner than ninety (90) and no greater than one hundred twenty (120) days from the date the Supervisor of Elections certifies the signatures. The election shall be held, whenever practicable, in conjunction with another election scheduled to occur within the prescribed time period. The election shall be decided by an affirmative vote of a majority of electors voting in the proposed incorporation area. 6. During the sixty (60) days following the certification of the petition, the Board shall complete a budgetary analysis in cooperation with the Incorporation Committee of and on the proposed incorporation area and schedule at least one public hearing prior to the incorporation election. The budgetary analysis, including a response by the incorporation committee if submitted, shall be provided to the resident electors of the proposed municipality by mail and shall be made available at locations within the proposed municipality. The proposed municipal charter shall be made available at locations within the proposed municipality and made available electronically. Such budgetary analysis shall at a minimum estimate all of the identifiable revenues generated by the proposed incorporation area prior to incorporation, and present the operating expenses of comparable small, medium and large municipalities providing typical municipal services. 7. The new municipality shall have all the powers and rights granted to or not withheld from municipalities by the County Home Rule Charter and the Constitution and general laws of the State of Florida; provided, however, any proposed municipality whose boundaries include any area outside the urban development boundary, as may be described in the County's Comprehensive Development Master Plan, shall abide by the permitted uses as set forth in such plan. It is further provided, as a condition of incorporation, that the new municipality shall provide in its charter: to remain a part of the Miami-Dade Fire Rescue District, to remain a part of the Miami-Dade Library System, to contract with Miami-Dade County for local patrol police services for a minimum of three years, for Miami-Dade County to retain authority for residential garbage and refuse collection and disposal within the proposed new municipality, and for the payment, assumption, or other satisfaction for that portion of the County's preexisting debts and obligations or other refundings secured by revenues or taxes collected within the proposed municipality's area and that neither the new municipality nor its electors shall take any action that would adversely affect the County's bond or other debt obligations that are secured by taxes or revenues from the area constituting the new municipality. SECTION CONTRACTS WITH OTHER UNITS OF GOVERNMENT. Every municipality in this county shall have the power to enter into contracts with other governmental units within or outside the boundaries of the municipality or the county for the joint performance or performance by one unit in behalf of the other of any municipal function. SECTION FRANCHISE AND UTILITY TAXES. Revenues realized from franchise and utility taxes imposed by municipalities shall belong to municipalities. ARTICLE 7. PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS. Note: This Article does not apply to municipal property in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater and West Miami. See Section

66 Sec MIAMI-DADE COUNTY CODE SECTION POLICY. Parks, aquatic preserves, and lands acquired by the County for preservation shall be held in trust for the education, pleasure, and recreation of the public and they shall be used and maintained in a manner which will leave them unimpaired for the enjoyment of future generations as a part of the public's irreplaceable heritage. They shall be protected from commercial development and exploitation and their natural landscape, flora and fauna, and scenic beauties shall be preserved. In lands acquired by the County for preservation and in parks along the Ocean or the Bay the public's access to and view of the water shall not be obstructed or impaired by buildings or other structures or concessions which are in excess of 1500 square feet each. Adequate maintenance shall be provided. SECTION RESTRICTIONS AND EX- CEPTIONS. In furtherance of this policy parks shall be used for public park purposes only, and subject to the limited exceptions set forth in this Article, there shall be no permanent structures or private commercial advertising erected in a public park or private commercial use of a public park or renewals, expansions, or extensions of existing leases, licenses, or concessions to private parties of public park property, unless each such structure, lease, license, renewal, expansion, extension, concession or use shall be approved by a majority vote of the voters in a County-wide referendum. Nothing in this Article shall prevent any contract with federally tax-exempt not-forprofit youth, adult, and senior cultural, conservation and parks and recreation program providers. To ensure aquatic preserves, lands acquired by the County for preservation, and public parks or parts thereof which are nature preserves, beaches, natural forest areas, historic or archeological areas, or otherwise possess unique natural values in their present state, such as Matheson Hammock, Greynolds Park, Redlands Fruit and Spice Park, Castellow Hammock, Crandon Park, Trail Glades Park, Deering Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman Field, Tamiami Pinelands, Wainright Park, Larry and Penny Thompson Park, Whispering Pines Hammock, Mangrove Preserve, Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson Park, Sewell Park, Barnes Park, Virginia Key, mangrove preserves, and all other natural or historical resource based parks do not lose their natural or historical values, any structure, lease, license, renewal, extension, concession or use in any of this class of public parks or in aquatic preserves and preservation lands must be approved by an affirmative vote of two-thirds of the voters in a County-wide referendum. No park shall be designed to be used beyond its appropriate carrying capacity and to the extent required by law all parks and facilities and permitted special events and concessions operating in the parks shall be fully accessible to persons with disabilities. Nothing in this Article shall prevent the maintenance of existing facilities, the maintenance, operation, and renovation of existing golf course and marina restaurants at their existing square footage by government agencies or private operators, provided such private operators are chosen as a result of competitive selection and their initial contract terms are limited to no more than ten years, or the construction, operation, maintenance, and repair by government agencies or private operators of or issuance of temporary permits for: A. Appropriate access roads, bridges, fences, lighting, flag poles, entrance features, picnic shelters, tables, grills, benches, irrigation systems, walls, erosion control devices, utilities, trash removal, parking and security and fire facilities for the primary use of the park system; B. Food and concession facilities each not in excess of 1500 square feet of enclosed space, with any complementary outdoor or covered areas needed to service park patrons; C. User-participation non-spectator recreation and, playground facilities, golf courses and golf-course related facilities, and bandstands and bandshells containing less than 1,000 spectator seats and athletic facilities, sports fields and arenas containing less than 3,000 spectator seats; 24

67 CONSTITUTIONAL AMENDMENT AND CHARTER Sec D. Facilities for marinas, sightseeing and fishing boats, visiting military vessels, and fishing; E. Park signage and appropriate plaques and monuments; F. Rest rooms; G. Fountains, gardens, and works of art; H. Park service facilities, senior, day care and preschool facilities, small nature centers with not more than one classroom; I. Film permits, temporary fairs, art exhibits, performing arts, concerts, cultural and historic exhibitions, regattas, athletic contests and tournaments, none of which require the erection of permanent structures; J. Advertising in connection with sponsorship of events or facilities in the park, provided however all such facilities and uses are compatible with the particular park and are scheduled so that such events do not unreasonably impair the public use of the park or damage the park; K. Programming partnerships with qualified federally tax exempt not-for-profit youth, adult, and senior cultural, conservation, and parks and recreation program providers; L. Agreements with cable, internet, telephone, electric or similar service providers or utilities, so long as any installations are underground or do not adversely impact natural resources, or parks facilities and uses. No park facilities, golf courses, or County lands acquired for preservation shall be converted to or used for non-park offices, purposes, or uses. The County, the municipalities, and agencies or groups receiving any public funding shall not expend any public money or provide any publicly funded services in kind to any project which does not comply with this Article. No building permit or certificate of occupancy shall be issued for any structure in violation of this Article. The restrictions applying to parks in this Article shall not apply to the Dade County Youth Fair site, Metro Zoo, Tamiami Stadium, Haulover Fishing Pier, the Dade County Auditorium, the Museum of Science, the Gold Coast Railroad Museum, Vizcaya Museum and Gardens, Trail Glade Range, the Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the Seaquarium, Curtis Park track and stadium, Fairchild Tropical Gardens, and mini and neighborhood parks except that no mini or neighborhood park may be leased or disposed of unless a majority of the residents residing in voting precincts any part of which is within 1 mile of the park authorize such sale or lease by majority vote in an election. SECTION ENFORCEMENT AND CON- STRUCTION. All elections required by this Article shall be held either in conjunction with state primary or general elections or as part of bond issue elections. The provisions of this Article may be enforced by a citizen alleging a violation of this Article filed in the Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the Court. The provisions of this Article shall be liberally construed in favor of the preservation of all park lands, aquatic preserves, and preservation lands. If any provision of this Article shall be declared invalid it shall not affect the validity of the remaining provisions of this Article. This Article shall not be construed to illegally impair any previously existing valid written contractual commitments or bids or bonded indebtedness. SECTION JURISDICTION. Except as otherwise provided herein the provisions of this Article shall apply to all County and municipal parks, aquatic preserves, and lands acquired by the County for preservation now in existence or hereafter acquired, provided that if this Article was not favorably voted upon by a majority of the voters voting in any municipality at the time of the adoption of this Article the municipal parks of such municipality shall be excluded from the provisions of this Article. 25

68 Sec MIAMI-DADE COUNTY CODE ARTICLE 8. INITIATIVE, REFERENDUM, AND RECALL SECTION INITIATIVE AND REFEREN- DUM. The electors of the county shall have the power to propose to the Board of County Commissioners passage or repeal of ordinances and to vote on the question if the Board refuses action, according to the following procedure: 1. The person proposing the exercise of this power shall submit the proposal, including proposed ballot language to the Clerk of the Circuit Court who shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. A public hearing shall be held on the proposal at the next Board of County Commissioner meeting subsequent to the date the Clerk approves the petition as to form. 2. The person or persons circulating the petition shall, within 120 days of the approval of the form of the petition, obtain the valid signatures of voters in the county in numbers at least equal to four percent of the registered voters in the county on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. In determining the sufficiency of the petition, no more than 25 percent of the valid signatures required shall come from voters registered in any single county commission district. Each signer of a petition shall place thereon, after his name, the date, and his place of residence or precinct number. Each person circulating a copy of the petition shall attach to it a sworn affidavit stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition. 3. The signed petition shall be filed with the Board which shall within 30 days order a canvass of the signatures thereon to determine the sufficiency of the signatures. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this Section, the Board shall notify the person filing the petition that the petition is insufficient and has failed. 4. The Board may within 30 days after the date a sufficient petition is presented adopt the ordinance as submitted in an initiatory petition or repeal the ordinance referred to by a referendary petition. If the Board does not adopt or repeal the ordinance as provided above, then the proposal shall be placed on the ballot without further action of the Board. 5. If the proposal is submitted to the electors, the election shall be held either: (a) (b) In the next scheduled county-wide election, or If the petition contains the valid signatures in the county in numbers at least equal to eight percent of the registered voters in the county, the election shall take place on the first Tuesday after 120 days from certification of the petition. The result shall be determined by a majority vote of the electors voting on the proposal. 6. An ordinance proposed by initiatory petition or the repeal of an ordinance by referendary petition shall be effective on the day after the election, except that: (a) (b) Any reduction or elimination of existing revenue or any increase in expenditures not provided for by the current budget or by existing bond issues shall not take effect until the beginning of the next succeeding fiscal year; and Rights accumulated under an ordinance between the time a certified referendary petition against the ordinance is presented to the Board and the repeal of the ordinance by the voters, shall not be enforced against the county; and 26

69 CONSTITUTIONAL AMENDMENT AND CHARTER Sec (c) Should two or more ordinances adopted at the same election have conflicting provisions, the one receiving the highest number of votes shall prevail as to those provisions. 7. An ordinance adopted by the electorate through initiatory proceedings shall not be amended or repealed by the Board for a period of one year after the election at which it was adopted, but thereafter it may be amended or repealed like any other ordinance. SECTION RECALL. Any member of the Board of County Commissioners, the Mayor, or the Property Appraiser may be removed from office by the electors of the county, district, or municipality by which he was chosen. The procedure on a recall petition shall be identical with that for an initiatory or referendary petition, except that: 1. The Clerk of the Circuit Court shall approve the form of the petition. 2. The person or persons circulating the petition must obtain signatures of electors of the county, district, or municipality concerned in numbers at least equal to four percent of the registered voters in the county district or municipality on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. 3. The signed petition shall be filed with and canvassed and certified by the Clerk of the Circuit Court. 4. The Board of County Commissioners must provide for a recall election not less than 45 nor more than 90 days after the certification of the petition. 5. The question of recall shall be placed on the ballot in a manner that will give the elector a clear choice for or against the recall. The result shall be determined by a majority vote of the electors voting on the question. 6. If the majority is against recall the officer shall continue in office under the terms of his previous election. If the majority is for recall he shall, regardless of any defect in the recall petition, be deemed removed from office immediately. 7. No recall petition against such an officer shall be certified within one year after he takes office nor within one year after a recall petition against him is defeated. ARTICLE 9. GENERAL PROVISIONS SECTION ABOLITION OF CERTAIN OFFICES AND TRANSFER OF FUNCTIONS. A. On May 1, 1958, the following offices are hereby abolished and the powers and functions of such offices are hereby transferred to the Mayor, who shall assume all the duties and functions of these offices required under the Constitution and general laws of this state: County Tax Collector, County Surveyor, County Purchasing Agent, and County Supervisor of Registration. The Mayor may delegate to a suitable person or persons the powers and functions of such offices. B. In the event that other elective officers are abolished by the Board, the Board shall provide that any person duly elected to such office shall if he so desires remain in the same or similar position and receive the same salary for the remainder of the term for which he was elected, and shall provide for the continuation of all duties and functions of these offices required under the Constitution and general laws. C. On November 9, 1966, the Office of Sheriff is hereby abolished and the powers and functions of such office are hereby transferred to the Mayor, who shall assume all the duties and functions of this office required under the Constitution and general laws of this state. The Mayor may delegate to a suitable person or persons the powers and functions of such office. SECTION RESERVED. SECTION TORT LIABILITY. The county shall be liable in actions of tort to the same extent that municipalities in the State 27

70 Sec MIAMI-DADE COUNTY CODE of Florida are liable in actions in tort. However, no suit shall be maintained against the county for damages to persons or property or for wrongful death arising out of any tort unless written notice of claim shall first have been given to the county in the manner and within the time provided by ordinance, except that the time fixed by ordinance for notice shall be not less than 30 days nor more than 120 days. Note: Waiver of County's tort immunity held unconstitutional in Kaulakis v. Boyd, Fla. 1962,138 So.2d 505. SECTION SUPREMACY CLAUSE. A. This Charter and the ordinances adopted hereunder shall in cases of conflict supersede all municipal charters and ordinances, except as herein provided, and where authorized by the Constitution, shall in cases of conflict supersede all special and general laws of the state. B. All other special and general laws and county ordinances and rules and regulations not inconsistent with this Charter shall continue in effect until they are superseded by ordinance adopted by the Board pursuant to this Charter and the Constitution. SECTION EXISTING FRANCHISES, CONTRACTS, AND LI- CENSES. All lawful franchises, contracts, and licenses in force on the effective date of this Charter shall continue in effect until terminated or modified in accordance with their terms or in the manner provided by law or this Charter. SECTION EFFECT OF THE CHARTER. A. This Charter shall be liberally construed in aid of its declared purpose, which is to establish effective home rule government in this county responsive to the people. If any Article, Section, subsection, sentence, clause, or provision of this Charter or the application thereof shall be held invalid for any reason, the remainder of the Charter and of any ordinances or regulations made thereunder shall remain in full force and effect. B. Nothing in this Charter shall be construed to limit or restrict the power and jurisdiction of the Florida Railroad and Public Utilities Commission. SECTION AMENDMENTS. A. Amendments to this Charter may be proposed by a resolution adopted by the Board of County Commissioners or by petition of electors numbering not less than ten percent of the total number of electors registered in Dade County at the time the petition is submitted. An initiative petition to amend this Charter shall be submitted, together with proposed ballot language, to the Clerk of the Circuit Court, who shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. Initiatory petitions shall be certified in the manner required for initiatory petitions for an ordinance. B. Amendments to this Charter may be proposed by initiatory petitions of electors. The Board of County Commissioners shall call a county wide election to be held in conjunction with the next scheduled general election after the date that a certified petition is presented to the County Commission. C. Amendments to this Charter may be proposed by the Board of County Commissioners at any time. Elections on charter amendments proposed by the Board shall be held in conjunction with the next scheduled general election after the Board adopts a resolution proposing any amendment. D. The result of all elections on charter amendments shall be determined by a majority of the electors voting on the proposed amendment. SECTION REVISIONS. At least once in every 5 year period the Board shall review the Charter and determine whether or not there is a need for revision. If the Board determines that a revision is needed, it shall establish a procedure for the preparation of a proposed revision of the Charter. The proposed revision shall then be presented to the Board for review, modification and approval. If the Board 28

71 CONSTITUTIONAL AMENDMENT AND CHARTER Sec approves such proposed revision, either with or without modification, it shall present such proposed revision to the electorate in accordance with the provisions of Section 9.07(C) and (D). Simultaneous elections may be held on a proposed revision and on individual amendments that are proposed. SECTION EFFECTIVE DATE. This Charter shall become effective 60 days after it is ratified by a majority of the qualified electors of the county voting on the Charter. SECTION COMMISSION AUDITOR. There is hereby created and established the Office of the Commission Auditor. The Commission Auditor, who shall be a certified public accountant, will be selected by the County Commission and shall report directly to the County Commission. The County Commission shall provide by ordinance for the specific functions and responsibilities of the Commission Auditor, which shall include but not be limited to providing the Commission with independent budgetary, audit, management, revenue forecasting, and fiscal analyses of commission policies, and county services and contracts. ARTICLE 10. NAME OF COUNTY SECTION NAME OF COUNTY. A. The name of Dade County shall officially be changed to Miami-Dade County and all references to Dade County in the Florida Constitution, Florida Statutes, Code of Metropolitan Dade County, federal law, case law and other legal documents, shall be deemed to be references to Miami-Dade County. B. The Commission shall by ordinance provide a method to implement the official name change. Note: Miami-Dade County Ordinance This ordinance is codified in Section in the Code of Ordinances and is recorded in the Official Records of Miami-Dade County, Florida at Book 17968, Page [The next page is 73]

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73 COMPARATIVE TABLE HOME RULE CHARTER This table shows the location of the sections of the Home Rule Charter and any amendments thereto. (Rpld is abbreviation for repealed) Date Section Disposition (Constitutional Amendment) Art. VIII, 11 Part I (Home Rule Charter) Home Rule Charter Amendments (Note) Rpld Rpld (A)(19)(a) Rpld 1.01(A)(19)(b), (c) (D) Rpld (A) (C) Arts A(15) Rpld (D), 7.01(2) (6), 7.02(2) (C) (A)(11) (A) (D)

74 MIAMI-DADE COUNTY CODE Date Section Disposition (A) Added Cit. Bill Rts.(A)(17) (B) , 6.02(B) Added 6.02(L) Rpld Arts. I VIII Added Arts Rpld Arts. 1 9 Added Arts Arts Arts Dltd 2.02(C) Rltd 2.02(D) (G) as 2.02(C) (F) Dltd Art Added

75 ADMINISTRATION 2-1 ARTICLE I. IN GENERAL Sec Rules of procedure of County Commission.* PART 1. GOVERNING RULES Rule 1.01 Governing rules; amendment. Except as may be provided in the Charter, the code or by these rules, questions of order, the methods of organization and the conduct of business of the Commission shall be governed by the Mason's Manual of Legislative Procedure (1953 Edition). (Ord. No , 1, 2, ; Ord. No , 1, ) PART 2. OFFICERS Rule 2.01 Chairperson and Vice-Chairperson. (a) Chairperson. (1) Election, term, term limitation, and removal. A chairperson of the board of county commissioners shall be elected for a term of two (2) years by the vote of at least seven (7) commissioners at the regular commission meeting following the installation of the county commissioners during each even-numbered year. The chairperson's term shall commence on January 1 of the following year. The chairperson may be removed prior to the expiration of his or her term by the vote of nine (9) commissioners. No commissioner shall serve as chairperson of the county commission for more than two consecutive years. *Charter references Authority of Commission to adopt own rules of procedure, 1.02(A). Every ordinance to be introduced in writing, prescribing enacting clause and publication, 1.02(B); authority to adopt published code by reference, 1.02(D); effective date of ordinances, 1.02(E); emergency ordinances, 1.02(F); numbering and indexing ordinances, 1.02(G); codification of ordinances, 1.02(H). Cross reference Method of amending Code of Miami- Dade County, 1-4. (2) Duties of chairperson. The chairperson shall: (a) (b) (c) (d) (e) (f) (g) (h) Preside at all meetings of the commission and preserve strict order and decorum; State every question coming before the commission and announce the decision of the commission on all matters coming before it; Appoint the chairpersons, vicechairpersons and members of all commission committees, including standing committees, ad hoc committees and subcommittees; Convene committees of the whole; Designate and supervise all persons who shall serve as employees of the entire county commission, as set forth in the pool budget, including employees of the Office of Legislative Analysis; Have responsibility for the administration of the pool budget of the board of county commissioners, in conjunction with the manager; Issue subpoenas, subpoenas duces tecum, and other necessary process to compel the attendance of witnesses and the production of any books, letters, or other documentary evidence required by a committee, upon the request of the chairperson of any commission committee; Schedule the meetings of all commission committees, in consultation with the committee chairperson and vice-chairperson, to provide each with an opportunity to meet without conflicting with the meetings of other committees; 247

76 2-1 MIAMI-DADE COUNTY CODE (b) (i) (j) Designate the arrangement and configuration of the county commission dais; and Have responsibility for administering the Miami-Dade County Goodwill Ambassadors Program under the Office of Community Advocacy within the Office of the Chair, with administrative support from the Mayor or the Mayor's designee. The chairperson shall serve as an ex officio voting member of all commission committees but shall not count as a member of a committee for purposes of determining the existence of a quorum. The chairperson shall serve as an ex officio voting member of all commission committees but shall not count as a member of a committee for purposes of determining the existence of a quorum. Vice-chairperson. (1) Election, term, term limitation and removal. A vice-chairperson of the board of county commissioners shall be elected for a term of two (2) years by the vote of at least seven (7) commissioners at the regular commission meeting following the installation of the county commissioners during each even-numbered year. The term of office for the vice-chairperson of the board shall commence on January 1 of the following year. The vice-chairperson may be removed prior to the expiration of his or her term by the vote of at least seven (7) commissioners. No commissioner shall serve as vice-chairperson of the county commission for more than two consecutive years. (2) Duties of vice-chairperson. Unless the chairperson appoints the vice-chairperson as a voting member of a committee, the vice-chairperson shall serve as an ex officio non-voting member of each commission committee, but shall not count as a member of a committee on which he or she serves as a non-voting member for purposes of determining the existence of a quorum. The vice-chairperson of the board shall perform the duties of the chairperson in the event of the absence or incapacity of the chairperson. The vice-chairperson shall complete the unfinished term of any chairperson who resigns or is removed as chairperson of the commission. (Ord. No , 1, ; Ord. No , 1, ) Rule 2.02 Clerk. The Clerk of the Circuit Court or a designated Deputy Clerk shall act as Clerk of the Commission. The Clerk of the Commission shall prepare the minutes and shall certify all ordinances and resolutions adopted by the Commission. Rule 2.03 County Attorney. The County Attorney, or such member of the office of the County Attorney as may be designated, shall be available to the Commission at all meetings. The County Attorney shall act as parliamentarian, and shall advise and assist the Presiding Officer in matters of parliamentary law. Rule 2.04 Sergeant-at-Arms. The Miami-Dade Police Director, or such other county official or employee as the Commission may designate, shall be the Sergeant-at-Arms at commission meetings, commission committee and subcommittee meetings and community council meetings. The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the meetings. PART 3. MEETINGS Rule 3.01 Regular meetings and regular meeting after the County Commission installation ceremony. (a) The commission shall hold regular meetings on the first and third Tuesday and 248

77 ADMINISTRATION 2-1 Thursday of each month, or on such other days as may be set on the annual calendar of meetings approved by the commission. Notwithstanding any provision herein to the contrary, there shall be no regular meeting held on the same day as the installation ceremony of County Commissioners. The first regular meeting occurring after the installation ceremony shall take place within three (3) to [seven] (7) days after the ceremony on a date selected at least 120 days prior to the meeting. The date of such meeting shall be selected by the Chairperson of the Board of County Commissioners, in consultation with the Mayor, the County Attorney, and the Clerk of the Board. (c) proved by a majority of the Commission members present and shall be open to the public and all news media. The commission shall consider and determine zoning matters at its regular meetings. (d) The second reading (public hearing) of the annual budget ordinance shall be considered at a meeting at which the said budget ordinance and the levy of the millage are the only items on the agenda. (Ord. No , 1, ; Ord, No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Rule 3.02 Special meetings, emergency meetings. (b) Unless otherwise determined by the Commission, regular meetings shall commence at 9:30 in the morning and shall end no later than 6:30 p.m. each day. Regular meetings may be otherwise postponed or canceled (1) by resolution or motion adopted at a regular meeting by a majority of the Commission members present, (2) by the chairperson and six (6) other members of the commission serving notice containing the required seven (7) signatures upon the clerk who shall provide public notice when a meeting is canceled, or (3) by the chairperson of the commission when: (a) the agenda for a meeting has not been provided to the members of the commission at least twentyfour (24) hours before the scheduled meeting; (b) the chairperson is in receipt of written communications from at least a majority of those commissioners then in office stating that said commissioners will not be attending the meeting; or (c) no action item has been placed on the agenda of a zoning or comprehensive development master plan meeting in compliance with the applicable notice requirements. All regular meetings shall be held in the Commission Chambers, Stephen P. Clark Center, 111 N.W. 1 Street, Miami, Florida 33128, or such location as may be ap- (a) Special meetings. A special meeting of the Commission may be called by a majority of the members of the Commission. Whenever a special meeting is called, a notice in writing signed by such majority shall be served upon the chairperson and the Clerk. Each signature by a commissioner shall constitute a representation that, at the time of affixing his or her signature to the notice, the commissioner has the present intention to attend the special meeting. The Clerk shall forthwith serve verbal and written notice upon each member of the Commission stating the date, hour and place of the meeting and the purpose for which such meeting is called, and no other business shall be transacted at that meeting. At least twenty-four (24) hours must elapse between the time the Clerk receives notice in writing and the time the meeting is to be held. A special meeting of the Board of County Commissioners may be cancelled (1) by resolution or motion adopted at a regular meeting by a majority of the Commission members present or (2) by seven (7) members of the Board of County Commissioners serving notice containing the required seven (7) signatures on the members of the Board of County Commissioners and upon the Clerk who shall provide public notice when a meeting is cancelled. The Commission 248.1

78 2-1 MIAMI-DADE COUNTY CODE (b) (c) chambers shall be made available for a special meeting whenever such a meeting is called. (Ord. No , 1, ) Emergency meetings. An emergency meeting of the Commission may be called by the chairperson whenever in his or her opinion an emergency exists which requires immediate action by the Commission. Whenever such emergency meeting is called, the chairperson shall notify the Clerk who shall forthwith serve either verbal or written notice upon each member of the Commission, stating the date, hour and place of the meeting and the purpose for which it is called, and no other business shall be transacted at that meeting. At least twenty-four (24) hours shall elapse between the time the Clerk receives notice of the meeting and the time the meeting is to be held. An emergency meeting of the Board of County Commissioners may be cancelled (1) by resolution or motion adopted at a regular meeting by a majority of the Commission members present or (2) by seven (7) members of the Board of County Commissioners serving notice containing the required seven (7) signatures on the members of the Board of County Commissioners and upon the Clerk who shall provide public notice when a meeting is cancelled. The Commission chambers shall be made available for an emergency meeting whenever such a meeting is called. If after reasonable diligence, it is impossible to give notice to each Commissioner, such failure shall not affect the legality of the meeting if a quorum is present. The minutes of each special or emergency meeting shall show the manner and method by which notice of such special or emergency meeting was given to each member of the Commission, or shall show a waiver of notice. All special or emergency meetings shall be open to the public and shall be held and conducted in the Commission Chambers, Stephen P. Clark Center, 111 N.W. 1 Street, Miami, Florida 33128, or other suitable location within Miami- Dade County, Florida. Minutes thereof shall be kept by the Clerk. (d) No special or emergency meeting shall be held unless notice thereof shall be given in compliance with the provisions of this rule, or notice thereof is waived by a majority of the entire membership of the Commission. (Ord. No , 1, ) Rule 3.03 Signature requirement. Whenever in these rules an action requires the signature of a commissioner, a signature is acceptable when the commissioner: (1) provides an original handwritten signature; (2) provides a facsimile of an original handwritten signature; or (3) authorizes use of the commissioner's stamp and the stamp is accompanied by a legible signature of the staffer authorized to utilize such stamp. The authority to use a commissioner's stamp shall be evidenced by a written document on file with the office of the chairperson and the county attorney. Rule 4.01 Committees. (a) PART 4. COMMITTEES Establishment of commission committees. The county commission shall convene as a committee of the whole within 30 days of the date of the election of the commission chairperson and vice-chairperson to make recommendations to the chairperson regarding: the number of standing county commission committees; the subject matter of the commission's standing committees; the number of members on each standing committee; and the maximum number, if any, of standing committees on which a commissioner may serve. Within thirty (30) days of the chairperson's receipt of the recommendations of the committee of the whole, the commission chairperson shall establish standing county commission committees, determine the subject matter of these committees, the maximum number, if any, of standing committees on which a commissioner may serve, and the number of members on each com

79 ADMINISTRATION 2-1 (b) (c) (d) mittee and shall establish any additional procedural rules of order consistent with this section which are necessary for the efficient and effective operation of the committee system. Appointment of committee members. The chairperson of the county commission shall appoint the membership of each commission committee after he or she has received any written expressions of interest from commissioners as to their preferences for committee service. Committee chairperson and vice-chairperson. A chairperson and a vice-chairperson of each commission committee shall be appointed by the chairperson of the commission and shall continue in office at the pleasure of the chairperson of the commission. The chairperson of the commission shall also appoint a chairperson for each subcommittee authorized by these rules and may designate a vice-chairperson, both of whom shall continue in office at the pleasure of the chairperson of the commission. The committee chairperson shall set the order of items on the committee agenda for each committee meeting. The chairperson shall preserve order and decorum and shall have general control of committee proceedings. If there is a disturbance or disorderly conduct during the committee meeting, the chairperson or vice-chairperson may require participants in the disturbance to clear the room. The vice-chairperson shall perform the duties of the chairperson in the absence of the chairperson. If the chairperson and vicechairperson are absent, the committee may select one of its members to perform the duties of the chair for the meeting during which the chairperson and the vice-chairperson are absent. Powers of commission committees. Commission committees and subcommittees are authorized: (1) To maintain a continuous review of the work and performance of county agencies and, notwithstanding any (e) provision to the contrary in the Code, county boards within the jurisdiction of each committee; (2) To invite public officials, employees, and private individuals to appear before the committees or subcommittees to submit information; (3) To request reports from departments and, notwithstanding any provision to the contrary in the Code, county boards performing functions reasonably related to each committee's jurisdiction; (4) To complete interim projects assigned by the chairperson of the commission; (5) To review and make recommendations with regard to prospective agenda items, and to propose or amend the same; and (6) Notwithstanding any provision to the contrary in the Code, to conduct public hearings, unless state or federal law requires the county commission to conduct a given public hearing. (Ord. No , 1, ) Ancillary powers. In order to carry out its duties, each commission committee shall be empowered to inspect and investigate the books, records, papers, documents, date, operations, and physical plant of any department, agency or entity of Miami- Dade County. The chairperson of a commission committee may request the chairperson of the commission to issue subpoenas, subpoenas duces tecum, and other necessary process to compel the attendance of witnesses and the production of any books, letters, or other documentary evidence required by such committee. The chairperson of the commission may issue said process at the request of the committee chairperson. Any member of a standing committee or subcommittee may administer oaths and affirmations, in the manner prescribed by law to wit

80 2-1 MIAMI-DADE COUNTY CODE (f) (g) nesses who appear before such committees to testify in any matter requiring evidence. Committee and commission agendas. Administrative deadlines for printing the committee and commission agendas shall be established by the county Mayor and the county attorney that are sufficient to allow for timely printing of the committee and commission agendas. The commission chairperson, in consultation with the county attorney and county Mayor, shall assign all resolutions, ordinances for second reading, reports and other prospective agenda items received by the applicable administrative deadline to the appropriate committee agenda for consideration as required by these rules. Following any required committee consideration, the commission chairperson, in consultation with the county attorney and the county Mayor, shall place items on the appropriate commission agenda, as permitted by these rules. The Commission Auditor shall advise the Chairperson of any agenda item sponsored by the Mayor not in compliance with the provisions of Resolution No. R prior to the Chairperson's assignment of such item to a committee or commission agenda. The Chairperson may determine, in his or her sole discretion, whether to place any item which is identified by the Commissioner Auditor as noncompliant, on any committee or commission agenda. A duly authorized designee of the county Mayor, the county attorney, the chairperson or the Commission Auditor may carry out the duties assigned to these persons pursuant to this paragraph. (Ord. No , 1, ) Subcommittees. The chairperson of the county commission may appoint a subcommittee to study or investigate a specific matter falling within the jurisdiction of a standing committee or to consider legislation or policy issues referred to it. The chairperson of the commission shall be notified on completion of the assignment. (h) Subcommittees shall exist only for the time period necessary to complete their assignments and report to their commission committees; provided, however, that subcommittees shall not be in existence for a period in excess of ninety (90) days, unless otherwise specified by the commission chairperson. Reports prepared by subcommittees shall be reviewed by the commission committee with jurisdiction over the subject matter of the report and accepted, amended, or rejected by majority vote of those committee members present. Committee deliberations. A commission committee may take one of the following actions with respect to each matter referred to the committee for action: (1) Recommend favorably; (2) Recommend favorably with committee amendment(s); (3) Forward without recommendation, upon the unanimous vote of the members of the committee who are present; (4) Receive a report; (5) Lay the matter on the table resulting in the matter not being placed on an agenda of the county commission. A report submitted by a county board may not be laid on the table where the ordinance creating the county board requires that a report be submitted to the county commission; or (6) Defer or take no action on an item as set forth in the last sentence of this subparagraph for a maximum of two consecutive committee meetings. Deferral of or failure to act on a matter beyond two consecutive committee meetings shall cause the matter to be laid on the table, as set forth in the preceding subparagraph. Notwithstanding any other provision of these Rules of Procedure, whenever: (A) (i) an item is considered but does not receive a motion; (ii) a motion on an item does not receive a second; (iii) at least a majority plus one of 248.4

81 ADMINISTRATION 2-1 (i) (j) the committee members are present and a majority of those committee members present votes against a motion; or (iv) the vote of the committee members on an item has resulted in a tie; and (B) 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 deemed to be laid on the table, as set forth in the preceding subparagraph; such item shall be reintroduced only in accordance with the renewal provisions of Rule 4.01(r). An item shall not be deemed laid on the table where the item is considered but no action is taken on the item due to loss of quorum or adjournment; or, less than a majority plus one of the committee members is present and a majority of those committee members present votes against a motion. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Committee consideration required. Except as provided elsewhere in these rules, no item shall be placed on a commission agenda or considered by the county commission, unless each committee to which the item has been referred has forwarded the item to the commission pursuant to Section 4.01(h)(1), (2), (3), or (4) above. Exceptions to Committee Requirement. (1) An item that has not been considered by a committee may be placed on the agenda of the county commission if the chairperson of the committee to which the item has been referred requests a waiver in writing and the commission chairperson concurs. (2) Quasi-judicial items, special taxing districts, ordinances for first reading, consent agenda items, other than items related to certificates of transportation, district office fund allocations, special presentations, namings, renamings or co-designations of County roads, facilities or properties, approvals of namings, renamings or co-designations of federal, state or municipal roads, facilities or properties, citizens' presentations, bid protests, settlements, options to renew contracts, resolutions recommending the acceleration and deceleration of Building Better Communities General Obligation Bond Program funding of projects using unspent bond proceeds, including interest earnings and premium funds, resolutions urging an entity or person to take stated action, resolutions taking a position or seeking direction from the Board on legislation or administrative action at the federal, state or local level, resolutions related to contract lobbyist conflict waiver requests and resolutions expressing intent shall be heard directly by the county commission, items, awarding, granting, amending or relating to an award or grant of Targeted Jobs Incentive Fund, Qualified Targeted Industry Business incentives, property or utility tax exemptions in enterprise zones, or Brownfield Economic Development Initiative Loan Funds or similar incentives and tax exemption programs; provided, however, any such item relating to an award of Community Redevelopment Agency funding or Community Development Block Grant funding or other funding administered by the Public Housing and Community Development department, or successor department, shall not be excepted from committee review by this subsection (j)(2). On such items, the public shall have the same rights to participate and be heard at the county commission as they would have received had the item been heard in committee

82 2-1 MIAMI-DADE COUNTY CODE (k) (l) (m) (n) (3) Whenever the committee of jurisdiction considers a proposed road closing in a commission district where the district commissioner is not a member of the committee of jurisdiction, the County Manager shall notify the commissioner prior to the meeting. Under such circumstances, the committee may only lay the item on the table if the district commissioner attends the commission meeting and states that he or she supports laying the matter on the table. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Emergency matters; time sensitive matters. A matter that has not been considered by the committee(s) to which it is assigned may be placed on the agenda of the county commission by the chairperson to meet a public emergency as provided in Section 1.02 of the Home Rule Charter. Time sensitive matters with little or no financial impact on the county may be placed on an agenda of the county commission by the chairperson of the commission without having been considered by a committee. Quorum. A quorum of any commission committee must be present in order for committee to take action. A majority of the members of each commission committee or subcommittee shall constitute a quorum. Calling committee to order. The chairperson or, in the chairperson's absence, the vice-chairperson, shall call the committee to order at the time for which the meeting was noticed. On the appearance of a quorum the committee shall proceed with the order of business. "3-day rule". A copy of each agenda item shall be furnished to the members of each committee and subcommittee not later (o) (p) (q) than three (3) working days before a vote may be called on the item. The provisions of this rule shall be deemed waived unless asserted by a commissioner before the committee takes action on the resolution, ordinance, motion or other item in question. Proposed committee agenda items not delivered in accordance with the preceding paragraph (except for alternates, and substitutes), shall not be placed on the committee agenda unless placed on the agenda at the request of the committee chair. Members' attendance. Committee attendance requirements shall be established by the chairperson of the commission, after receiving recommendations by a commission committee of the whole regarding any attendance requirements. Any Commissioner who notifies the Committee Chairperson or the Clerk of the Board that he or she will be absent from a committee meeting prior to the start of such scheduled meeting shall be noted as excused in the minutes of the meeting. The Clerk of the Board shall note in the minutes when a Commissioner arrives at a committee meeting, if the Commissioner arrives after the meeting has commenced. (Ord. No , 1, ) Majority vote required. Unless otherwise specified in these rules, an affirmative vote of voting members present, as long as a quorum is present, shall be required to act upon any ordinance, resolution, report or other matter considered by the committee. Reconsideration. Any committee action taken pursuant to Rule 4.01(h) may be reconsidered only at the same meeting at which the action was taken. A motion to reconsider an item which has been laid on the table as set forth in Rule 4.01(h)(5) and (6) is out of order and no such motion may be reconsidered. (Ord. No , 1, ; Ord. No , 1, ) 248.6

83 ADMINISTRATION 2-1 (r) (s) Renewal. Once an ordinance or resolution is laid on the table in a committee, the proposed ordinance or resolution may not be brought before that committee again during the three (3) month period following the date the item is laid on the table (subject to the provisions of Rule 4.01(q)), unless an application for renewal made by two-thirds ( 2 /3) of the committee members is first submitted to the chairperson of the committee. Statements of fiscal impact required for ordinances; exceptions. Prior to the public hearing of any ordinance, the county manager shall prepare a written statement setting forth the fiscal impact, if any, of the proposed ordinance. No public hearing on any ordinance shall be held, if the statement of fiscal impact is not submitted with the ordinance as part of the agenda. The provision of this rule shall not apply to any emergency ordinance or any budget ordinance. (t) Procurement items. Provided public notice, public hearing and other legal requirements can be met, and notwithstanding and prevailing over any provision to the contrary, all items approved at committee meetings recommending or rejecting award of contracts for public improvements, and purchases of supplies, materials, and services, including professional services, shall be placed on the agenda of the next regularly scheduled Board of County Commissioners meeting, unless placed on the agenda of a special meeting held sooner than the next regularly scheduled Board of County Commissioners meeting or unless the chairperson of the commission deems it necessary to place the item on another agenda. (Ord. No , 1, ) (Ord. No , 1, ) PART 5. CONDUCT OF MEETINGS; AGENDA Rule 5.01 Call to order. Promptly at the hour set for each meeting, the members of the Commission, the County Attorney, the Manager and the Clerk shall take their regular stations in the Commission Chamber. The chairperson shall take the chair and shall call the Commission to order immediately. In the absence of the chairperson and vice-chairperson, the Clerk shall then determine whether a quorum is present and in that event shall call for the election of a temporary Presiding Officer. Upon the arrival of the chairperson or vice-chairperson, the temporary Presiding Officer shall relinquish the chair upon the conclusion of the business immediately before the Commission. Rule 5.02 Roll call. The Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. Any Commissioner who notifies the Chairperson or the Clerk of the Board of County Commissioners that he or she will be absent from a County Commission meeting prior to the start of such scheduled meeting shall be noted as excused in the minutes of the meeting. The Clerk of the Board shall note in the minutes when a Commissioner arrives at a County Commission meeting, if the Commissioner arrives after the meeting has commenced. (Ord. No , 1, ) Rule 5.03 Quorum. A majority of the Commissioners then in office shall constitute a quorum. No ordinance, resolution or motion shall be adopted by the Commission without the affirmative vote of the majority of all the members present. Rule 5.04 Failure to attain a quorum. Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the Commission, the chairperson or the Clerk may adjourn the meeting until another hour or day unless, by unanimous agreement, those members present select another time. The names of the members present and their action at such meeting shall be recorded in the minutes by the Clerk. Rule 5.05 Agenda. (a) Order of business. (1) There shall be an official agenda for every meeting of the Commission, 248.7

84 2-1 MIAMI-DADE COUNTY CODE which shall determine the order of business conducted at the meeting. The order of business for Tuesday meetings shall be as follows: 1. Invocation as provided in Rule 5.05(g) Roll call Pledge of allegiance Special presentations Citizens' presentations Reports of official county boards Motion to set agenda Commission auditor Office of intergovernmental affairs 2. Mayoral vetoes, mayoral reports. 3. Consent agenda: a. Commissioner items. b. Departmental items. 4. Ordinances for first reading. 5. Public hearings which shall be scheduled for 9:30 a.m. 6. a. Chairperson of the board of county commissioners. b. Policy matters for discussion by the board. 7. Ordinances for second reading. 8. Departments. 9. Additional departmental items. 10. Authorities, boards, councils and trusts. 11. County commissioners. 12. County manager [mayor]. 13. County attorney. 14. Items subject to "4-day rule". 15. Clerk of the board. 16. Items scheduled for Thursday. 17. Summer recess items. The following items shall be considered consent agenda items and placed in section 3.a or b. of the agenda, as appropriate: 1. Items approving or ratifying the submittal of grant applications and acceptance of grant awards, as long as required matching funds are appropriated in the County budget, as determined by the Office of Management and Budget. 2. Resolutions ratifying contracts executed by the Mayor, as allowed by law or previous action of the Board (non-summer recess items). 3. Resolutions approving in-kind contributions. 4. Resolutions making district office fund allocations. 5. Resolutions approving namings, renamings or codesignations of federal, state or municipal roads, facilities or properties. 6. Items awarding, granting, amending or relating to an award or grant of Targeted Jobs Incentive Fund, Qualified Targeted Industry Business incentives and tax exemption programs. 7. Resolutions approving donations of surplus County property, except those donations made for emergency purposes and to foreign governmental entities. 8. Resolutions approving the issuance or transfer of certificates of transportation for passenger motor carriers. Notwithstanding any provision herein to the contrary, first or second reading items, public hearing items, quasijudicial items, and items requiring a 248.8

85 ADMINISTRATION 2-1 (b) supermajority vote of the board shall not be placed in the consent agenda section of the agenda. Items shall be considered in the order in which they are placed on the agenda unless a majority of the commissioners determines to deviate from the printed agenda or in the discretion of the chairperson, certain matters should be taken out of order to help eliminate logistical concerns or exigent circumstances which would impede the proper functioning of the commission. During a commission meeting, commissioners may identify certain items for individual consideration (i.e., the "pull list"). Agenda items, including consent agenda items, not selected for individual consideration may be approved in a single vote. The commission shall not take action upon any matter when it is first presented to the commission in a report or reports made by the County Commissioners. (2) At Thursday meetings the following items of business shall be conducted in the following order: 1. Special presentations and proclamations; 2. Items scheduled for Thursday; 3. Policy matters for discussion by the board; 4. Zoning; 5. Metropolitan planning organization (MPO); 6. Workshops. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) 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 of non-county-owned property 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) quasijudicial items; (14) other matters where the presentation or sponsorship by the Mayor is required by the Home Rule Charter or state or federal law; and (15) leases and licenses of County-owned property and amendments thereto if the Mayor first provides written notification to the Commissioner of the District wherein the County-owned property that is to be leased or licensed is

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87 ADMINISTRATION 2-1 (b) (4) Fee waivers and reductions may be granted at the discretion of the Board to an organization more than once every two years, but the Board recognizes that repeat events should generally not be based on recurrent complimentary use of this fragile facility. (5) Organizations that are offered fee waivers and reductions shall comply with all Vizcaya Museum and Gardens facility rental rules and regulations and shall sign and be bound by the facility rental agreement, except for the provisions regarding rental fee payment and deposit. (6) All direct costs that result from the organization's event shall be payable by the organization directly to Vizcaya Museum and Gardens, including but not limited to tent or equipment rental, hire of police and cleanup crew, and costs of any damages or cleanup by County staff or outside vendors, unless the resolution granting the fee waiver and reduction states that the County will pay such costs to Vizcaya Museum and Gardens. (7) Organizations requesting a fee waiver or reduction should first attempt to find other public or private ways to fund the Vizcaya fee. (Ord. No , 1, ) Notwithstanding the previous paragraph (a), the County Manager shall be permitted to: (1) Administratively reduce fees four (4) times during any calendar year and waive fees two (2) times during any calendar year for the use of Vizcaya Museum and Gardens for any nonfundraising events provided that those events are either diplomatic activities or events that benefit the entire citizenry of Miami-Dade County, and annually report the reductions and waiver to the Commission; and (2) Waive fees for events sponsored by organizations which provide volunteer services to Vizcaya Museum and Gardens or raise funds and provide support for the maintenance of, and improvements to, Vizcaya Museum and Gardens. Rule Expenditure of Seaport Department Promotional Funds. All proposed expenditures from Seaport Promotional Funds over five thousand dollars ($5,000.00), other than those adopted as part of the County's annual budget ordinance, shall require a written recommendation from the County Manager together with a two-thirds ( 2 /3) vote of the entire membership of the Board. Rule Actions which Decrease Revenues or Increase Expenditures. Whenever a Commissioner proposes a resolution, ordinance or other action of the Board that would result in a decrease in revenues, the proposal from the Commissioner must specifically designate an equal or greater reduction in expenditures or identify a project or service of equal or greater costs to be eliminated. Whenever a Commissioner proposes an increase in expenditures above the adopted budget level, such Commissioner must concurrently propose additional revenue appropriate to fund the increased expense or an expenditure reduction equal to or greater than the amount of proposed new expense. No final action affecting the adopted budget shall be taken if any member of the County Commission requests a recommendation from the County Manager pertaining to a budget adjustment proposed by a County Commissioner. The County Manager's recommendation shall be presented at the next regularly scheduled meeting of the County Commission. Rule Reserved. 253

88 2-1 MIAMI-DADE COUNTY CODE Rule Home Rule Charter Amendments. (1) The County shall hold six public meetings regarding any resolution calling an election on a proposed Home Rule Charter amendment. The Mayor or the Mayor's designee shall schedule public meetings on any such resolution proposed by the Board following the Chairperson's assignment of the items to committee or following any waiver of the committee requirement. Such public meetings shall be held prior to committee review or adoption of such resolution, if committee review is waived or not required. (2) If the Clerk of the Circuit Court approves an initiative petition to amend the Home Rule Charter as to form, the County Mayor or the County Mayor's designee shall make County-owned public facilities such as public libraries or park facilities available to the initiative petition proposers, at no cost, so that six public meetings can be conducted regarding the proposed initiative. Such meetings shall be scheduled within 60 days after the date the Clerk approves the initiative as to form. (3) The public meetings required in this section shall be conducted by county staff and shall be for the purpose of soliciting community input about the proposed charter amendments. Members of the public, County officials, County staff, and initiative petition proposers, if any, may be heard at such meetings. (4) All public meetings required hereby shall be held at locations and times which are accessible and convenient to the majority of residents in Miami-Dade County and allow for maximum participation by geographic and ethnic communities within Miami-Dade County. (5) All public meetings shall be appropriately advertised, including use of print advertisements in newspapers of general circulation and community based periodicals. (6) The provisions of this section shall be construed as directory only and failure to comply with the provisions hereof shall not affect the validity of any resolution, action of the Board, the election scheduled on any proposed charter amendment, or the timing of any initiative petition. (Ord, No , 1, ) Rule County ballot questions, including Home Rule Charter amendments and straw ballot questions. The Board shall place no more than three (3) County questions on any general election ballot that includes a presidential election. For purposes of this rule, "County questions" shall mean straw ballot questions, commissionersponsored proposed amendments to the Home Rule Charter and any other questions related to the County that are proposed by the Board. This subsection shall not apply to amendments to the Home Rule Charter proposed by initiatory petition pursuant to section 9.07 of the Home Rule Charter. Once the Board has voted to place three (3) County questions on any general election ballot that includes a presidential election, each additional County question may be placed on such a ballot only with an affirmative vote of two-thirds ( 2 /3) of those commissioners present. (Ord. No , 1, ) Rule 9.04 Representation of Miami-Dade County. Whenever the Commission deems it necessary or desirable that the Commission shall be represented at meetings, conferences or other occasions involving other governmental entities, agencies, officials or groups or nongovernmental organizations, or departments, agencies or officials of the County government, the Presiding Officer may designate members of the Commission to represent the Commission at such meetings, conferences or other occasions, with the consent of the designee. A majority of the board then present may disapprove any such appointment. Such representatives shall have no power to act for or on behalf of the Commission, or to make any commitment or binding obligation on behalf of the Commission or the County. Such 254

89 ADMINISTRATION 2-1 representatives shall report in writing to the Commission with regard to such meeting, conference or other occasion. Rule 9.05 Noncompliance with procedural rules. If a procedural rule of this board is not complied with by either the Presiding Officer or the parliamentarian, then the validity of the underlying substantive ordinance, resolution, motion or other action shall in no way be affected thereby, and the failure of compliance with said procedural rule shall not be the basis for any person or party to challenge any ordinance, resolution or other action of this board. PART 10. MAYORAL APPOINTMENT OF COUNTY MANAGER AND OF DEPARTMENT DIRECTORS OF THE ADMINISTRATIVE DEPARTMENTS OF THE COUNTY, AND COMMISSION DISAPPROVAL Rule Mayoral appointment of County Manager and of department directors of the administrative departments of the County, and Commission disapproval. The authority and powers provided to the Mayor and the Commission under Sections 2.02 C and D of the Miami-Dade County Home Rule Charter shall be exercised exclusively in accordance with the terms and conditions of this rule. (a) The Mayor shall utilize the form provided herein to appoint the County Manager or a department director of an administrative department of the County. The Mayor shall personally sign a copy of the form in the place so provided and shall indicate with specificity the position, name, and qualifications of the person appointed. The form shall be as follows: OFFICE OF THE MAYOR MIAMI-DADE COUNTY, FLORIDA MAYORAL APPOINTMENT (b) (c) (d) From: [Signature of Mayor] Mayor Miami-Dade County, Florida Pursuant to the authority vested in me under the provisions of Sections 2.02 C and D of the Miami-Dade County Home Rule Charter, I hereby appoint: [insert name of person appointed] to the position of: [insert position to which the person is appointed]. The person's qualifications for this position are as follows: A copy of the person's resume shall be attached. The completed form, together with the resume, shall be submitted to the Clerk of the Board on or before 4:30 p.m. on the date of appointment. The Clerk's official date and time recorder stamp on the completed form shall conclusively determine date and time of submission of the form to the Clerk. The Clerk shall place appointments by the Mayor, together with the completed form and resume on the next regularly scheduled Commission agenda under the mayoral reports section of the agenda for Commission consideration. Notwithstanding any other rule of the Commission, appointments made by the Mayor shall: (1) Not be subject to the "4-day rule" as provided in Rule 5.05(c); (2) Not be deferred to a future meeting; (3) Not require committee review; (4) Not be subject to a motion to reconsider, except at the same meeting; or (5) Not require publication or public hearing. To: Honorable Chairperson and Members Board of County Commissioners Miami- Dade County, Florida 254.1

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91 ADMINISTRATION 2-7 Sec Designation of responsibility for custody and transportation by law enforcement agencies of persons believed to be mentally ill. (a) Pursuant to the authority of Section (2)(b), Florida Statutes, the Miami-Dade Police Department is designated as the law enforcement agency responsible to take custody of and transport persons in the unincorporated areas of Miami-Dade County to the nearest receiving facility for involuntary examination pursuant to the provisions of Section (2)(a)(1) or (3), Florida Statutes. (b) Pursuant to the authority of Section (2)(b), Florida Statutes, each municipal law enforcement agency within Miami-Dade County is designated as the law enforcement agency responsible to take custody of and transport persons from within each respective municipality of Miami-Dade County to the nearest receiving facility for involuntary examination pursuant to the provisions of Section (2)(a)(1) or (3), Florida Statutes. (c) In the event that a municipality within Miami-Dade County has no law enforcement agency, then pursuant to Section (2)(b), Florida Statutes, the Miami-Dade Police Department is designated as the law enforcement agency responsible to take custody of and transport persons from such municipalities in Miami-Dade County which have no municipal law enforcement agency to the nearest receiving facility for involuntary examination pursuant to the provisions of Section (2)(a)(1) or (3), Florida Statutes. (Ord. No , 1, ) Editor s note Ord. No , 1, adopted May 20, 1986, has been included as at the editor's discretion. Sec Rules and regulations of County agencies Filed with Clerk of Circuit Court. Every officer, board, commission, department, or other agency of the County authorized to adopt, promulgate and enforce rules and regulations shall file a copy of all such rules and regulations and amendments thereto in the Office of the Clerk of the Circuit Court as Clerk of the County Commission. (Ord. No. 58-3, 1, ) Sec Same Not effective until filed. No rule or regulation adopted on or after July 1, 1958, shall take effect or be enforceable, except as herein provided, until fifteen (15) days after the filing thereof as required by section 2-3. No rule or regulation adopted before July 1, 1958, shall be effective or enforceable after July 1, 1958, until it shall be filed with the Clerk of the Circuit Court as Clerk of the County Commission. (Ord. No. 58-3, 2, ) Sec Same Names and addresses of board members. (a) Every board, commission, department or other agency of the County shall file the names and addresses of its chairman, secretary and members with the Clerk of the Circuit Court as Clerk of the County Commission, on or before July 1, After July 1, 1958, the names of all successor chairmen, secretaries and members of all such boards, commissions, departments or other agencies, and their respective addresses, shall be likewise filed in the Office of the Clerk of the Circuit Court as Clerk of the County Commission within fifteen (15) days of their designation. (b) It shall be the duty of the chairman of every board, commission, department or other agency of the County to report to the County Commission, by certifying same, whenever it appears that any member of his agency has been absent from three (3) consecutive meetings of the agency without due cause. Upon such certification to the County Commission such member shall be deemed to have been removed and the County Commission shall appoint a successor to fill the balance of the unexpired term of such member. (Ord. No. 58-3, 3, ; Ord. No , 1, ) Sec Reserved. Sec Same Internal management rules not filed. The provisions of Sections 2-3 through 2-8 shall not apply to rules and regulations relating solely to the internal organization and management of 256.1

92 2-7 MIAMI-DADE COUNTY CODE any board, commission, department or other agency if such rules and regulations do not affect the rights of the public. (Ord. No. 58-3, 5, ) Sec Same Fee of Clerk of the Circuit Court. The Clerk of the Circuit Court as Clerk of the County Commission may charge a fee for the certification of any such rule or regulation sufficient to cover the cost of making such certification and copy. The Clerk shall maintain a file of such rules and regulations and shall keep appropriate dockets and indexes thereof and shall make them available to the public. He shall distribute such bulletins and other information concerning such rules and regulations as in his opinion shall be necessary to inform interested parties of the filing thereof. (Ord. No. 58-3, 6, ) Sec Contracts and purchases generally. a) Scope. Except as provided in subsections (b), (f), (h) and (l), this section shall apply to all contracts for public improvements and purchase of all supplies, materials and services other than professional services. (b) Bid requirement for certain purchases; delegation of authority to advertise, award and reject bids or proposals for certain purchases. Formal sealed bids shall be secured for all contracts and purchases within the scope of this section when the transaction involves the expenditure of two hundred fifty thousand dollars ($250,000.00) or more, except that the Board of County Commissioners, upon written recommendation of the Mayor or Mayor's designee, may, by resolution adopted by two-thirds ( 2 /3) vote of the members present, waive competitive bidding when it finds this is to be in the best interest of the County. The Mayor or Mayor's designee is hereby delegated the authority to advertise for bid all County contracts, including contracts for public improvements, purchases of supplies, materials and services, and purchases of professional services, without the need for action by the County Commission. The Mayor or Mayor's designee shall be required to include in any such advertisement the measures approved by the Review Committee relating to the County's small and community business programs established in this Code. The Mayor or Mayor's designee shall further be required to report to this Board on a bi-annual basis all contracts advertised with the measures included, and other steps taken to foster small and community business programs. The Commission Auditor shall review and evaluate the Mayor's or Mayor's designee exercise of authority delegated pursuant to this section and report the results of his or her evaluation to the Board of County Commissioners on a periodic basis. The Mayor or Mayor's designee is hereby delegated the authority to award and reject bids or proposals for contracts for public improvements (construction), and purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to section and Section , Florida Statutes) costing one million dollars ($1,000,000.00) or less, or in the case of miscellaneous construction contracts designed to provide opportunities for Community Small Business Enterprises specifically authorized by Board resolution five million dollars ($5,000,000.00) or less, without the need for action by the County Commission. The authority to award contracts provided in the preceding sentence shall not constitute authority for the Mayor or Mayor's designee to exercise an option to renew any contract where the combined value for such contract's initial term and the option to renew would exceed one million dollars ($1,000,000.00), and in such instances the Mayor or Mayor's designee shall obtain the prior authorization of the County Commission to exercise such option. The Mayor or Mayor's designee may recommend that the foregoing requirement to obtain prior Commission authorization to exercise an option to renew be waived for a specific contract when the Mayor or Mayor's designee deems it to be in the best interests of the County. The Inspector General shall be invited to participate as appropriate in the processes by which the authority delegated hereby is exercised. The Mayor 256.2

93 ADMINISTRATION identify the procedures that will be used for evaluating the proposals in the notice or in a subsequent publication. Once the County decides to receive competing proposals, it may utilize its existing procedures for evaluating the proposals or may adopt project-specific procedures. The proposer shall be authorized to respond to the competitive solicitation and offer to the County a proposal in terms not less favorable to the County than the original proposal. (11) Proposal documents submitted by private entities are public records under Chapter 119, Florida Statutes (Florida's Public Records Law), subject to any exemption otherwise provided by law. Any competing proposer may request and receive a copy of such proposal, and the County reserves the right to publish such unsolicited proposal and solicit competing proposals within the Response Period. Proposers are advised to familiarize themselves with the provisions of the Public Records Law and to seek legal advice regarding any proprietary or intellectual property rights which they may have in the proposal. In no event shall the County be liable to a proposer for the disclosure of all or a portion of a proposal submitted under this subsection. (12) When the private entity requests that the County not disclose information that is exempt from the disclosure requirements of the Public Records Law, the private entity must (i) invoke the exemption when the data or materials are submitted to the County or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary, citing the specific exemption to Chapter 119, Florida Statutes, that the proposer believes applies. The County's determination as to confidentiality shall be final and binding upon the proposer. The proposer shall bear all attorneys' fees and costs associated with litigation for public access to claimed confidential documents. The County's need to maintain certain information confidential may be taken into consideration in the County's decision not to publish a solicitation. (13) After the Response Period has expired, the Mayor or his designee shall within forty-five (45) days, or longer, as specified in the advertisement, evaluate all the competing proposals and rank them in order of preference utilizing the criteria published for the specific project. (14) The Mayor or his designee may negotiate with the top-ranked proposers in the order of their ranking, and may, through such negotiations, aim to arrive at a mutually satisfactory agreement. (15) If only one proposal is received, the Mayor or his designee may negotiate in good faith and if he or she is not satisfied with results, may at his or her sole discretion terminate negotiations with the proposer. (16) No proposer is guaranteed the award of a contract as a result of being favorably ranked for this project. The issuance of an unsolicited proposal shall create no rights in the proposer including rights as a bidder, under contract or intellectual property. The County, in its discretion, reserves the right to reject all proposals at any point in the process prior to the full execution of a contract with a proposer. (17) The bid protest process provided for in this Code shall not apply to any decision to reject an unsolicited proposal but shall apply to any decision to recommend a contract award rejection, unless such protest is waived in accordance with this Code. The Cone of Silence provided for in this Code shall be imposed only following the publication of the competitive solicitation. (18) Nothing in this ordinance shall affect the County Manager's authority to recommend a waiver of competitive bids when he determines such waiver to be in the best interest of the County

94 2-8.1 MIAMI-DADE COUNTY CODE (l) Mayor's conflicts of interest. When the County Mayor declares a conflict of interest in the procurement of a County contract in accordance with Section 5.03(d) of the Miami-Dade County Home Rule Charter, the County Mayor shall give written notice of such conflict to the Chairperson of the Board and shall designate a member of the County's staff, familiar with County procurement processes, who shall serve as the Chairperson's primary contact to oversee the affected procurement. Upon the notification of such conflict, the Chairperson of the Board of County Commissioners shall exercise all authority provided by the Charter or the County Commission to the Mayor with regard to such procurement including the authority to recommend a bid waiver. For purposes of the affected procurement only, all powers and responsibilities given to the County Mayor in any and all provisions of this Code relating to the advertisement, solicitation, protest and award of contracts, and in any implementing order related to such Code provisions, shall be transferred to the Chairperson of the Board of County Commissioners for the duration of the conflict. The County Mayor shall include language in competitive solicitation documents to give effect to the provisions of this subsection. Nothing in this subsection shall affect the rights and responsibilities of the Mayor and Chairperson following the award of any contract. (Ord. No , 1 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ) Editor s note Ord. No , 2, adopted Jan. 24, 2006, provided as follows: In the event the electorate of Miami-Dade County approve an amendment to the Home Rule Charter which modifies or affects the relative powers, duties or obligations of the Mayor, the Board of County Commissioners, or the Manager in awarding County contracts, then the provisions of Ordinance 5-15, which amended this Section to delegate to the County Manager the authority to advertise contracts for public improvements and purchases of supplies, materials and services without prior Commission approval, shall stand repealed and be of no further force or effect. Charter reference Authority of Board of County Commissioners to set competitive bid level by ordinance, 4.03(D). Cross references Acquisition of professional architectural, engineering, landscape architectural or land surveying services, ; contracts for construction of roads, bridges, etc., 9-3; contracts with the public health trust, 25A-4(c). Sec Bids from related parties and bid collusion for the purchase of goods and services, leases, permits, concessions and management agreements. (a) Notwithstanding any other provision of this Code, where two (2) or more related parties each submit a bid or proposal for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to section and Section , Florida Statutes), lease, permit, licensing agreement, concession or management agreement, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or

95 ADMINISTRATION indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. (b) All bids or proposals submitted for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to section and Section , Florida Statutes), lease, permit, concession or management agreement must be genuine and not sham or collusive, or made in the interest or on behalf of any person not therein named, and the contractor may not have, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. Any bid or proposal submitted in violation of this subsection shall be rejected and the proposer shall be subject to debarment and referred for prosecution. (c) A contractor recommended for award as the result of a competitive solicitation for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to section and Section , Florida Statutes), purchase, lease, permit, concession or management agreement shall, within five (5) business days of the filing of such recommen

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97 ADMINISTRATION chief executive officer, the dollar value of the work demonstrating significant utilization, and any other relevant information. 8. Prepare an annual report for the Board of County Commissioners including but not limited to an itemization of the number and dollar amounts of contracts to which the provisions of the ordinance have been applied; the number of HBEs benefiting from the program measures, and the amount and value of contracts or subcontract work awarded to HBEs; the actual dollars expended by the County on contracts to which the provisions of the ordinance have been applied; and the percentage of the total number and amount of County contracts so affected. This annual report shall also include an assessment of the progress and related recommendations. (k) Program review. The County Commission shall review the Hispanic Business Enterprise Program after receiving the annual report submitted by the Department of Business and Economic Development. In addition, within one (1) year of publication of the "Survey of Minority-Owned Business Enterprises" by the U.S. Department of Commerce Bureau of the Census or its equivalent, the County Commission shall determine whether to continue the ethnic-conscious measures authorized by this section. This review shall be based on materials presented by the County Manager, including the reports prepared by the Department of Business and Economic Development and such other information considered relevant. (Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Aviation Department procurement. Notwithstanding the provisions of Sections 2-8.2, , and , the County Manager or his designee is authorized to advertise any proposed contract to be administered by the Aviation Department without prior approval of the Board, upon the County Manager's recommendation of the contract measures applicable to such contract. The Board's approval of the award or its ratification of such contract shall constitute the Board's approval of such contract measures previously recommended by the County Manager. (Ord. No , 1, ) Sec Reserved. Editor s note Ordinance No , adopted July 17, 2008, provided that and had expired. Said ordinance further enacted a new as set out below. Former and had pertained to expedited procedures for contracts related to projects funded by safe neighborhood parks bonds and/or the quality neighborhood initiative program and the county manager's authority as to contracts related to projects funded by safe neighborhood parks bonds and/or the quality neighborhood initiative program, respectively, and derived from Ord. No , adopted July 7, 1998, as amended. The history of which can be found in the Code Comparative Table at the back of volume III of this Code of Ordinances. Sec Economic stimulus ordinance. (1) Policy: This section to be known as the "Economic Stimulus Ordinance," is intended to provide an expedited process to award certain contracts with the express purpose of stimulating the local economy. (2) Scope: This section, and the expedited processes set forth herein, shall, to the extent permitted by law, be applicable to the processing, design, and construction of the capital improvement projects specifically identified by resolution of the Board of County Commissioners, capital projects funded in whole or in part through the American Recovery and Reinvestment Act ("ARRA") (the "Capital Stimulus Projects"). The Board of County Commissioners may from time to time, by subsequent resolution, add or delete projects from the list of Capital Stimulus Projects to which this Section applies. All Capital Stimulus Projects must have been approved as part of the Annual Proposed Resource Allocation and Multi-Year Capital Plan. This section shall also be applicable to contracts for the purchase of goods or services funded in whole or in part through ARRA (the "Economic Stimulus Purchases")

98 MIAMI-DADE COUNTY CODE (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Business Management to ensure adequate funding for each project and that appropriate operational and maintenance funding is in place for the foreseeable future and review by the Office of Capital Improvements for Capital Stimulus Projects and the Department of Procurement Management for Economic Stimulus Purchases to ensure compliance with contract documents and all applicable resolutions, ordinances, and statutes. (4) Notwithstanding any other provision of the Code of Miami-Dade County to the contrary, the Mayor or his/her designee shall have the following authority with respect to contracts within the scope of this Section: (a) (b) (c) (d) To issue bid and proposal documents including addenda thereto; To receive, open and review bids and proposals; To appoint standing selection committee and negotiation committee members to obtain professional services in accordance with Section of the Code of Miami- Dade County and Section of the Florida Statutes, provided each such committee shall contain, whenever possible, representation from the user department; To award or reject bids for contracts including, but not limited to, professional service agreements, construction contracts and contracts for the purchase of goods and services and issue Notices to Proceed where: 1. For Capital Stimulus Projects the award value of the contract and operational considerations have been reviewed and approved by the Office of Strategic Business Management; and 2. For Capital Stimulus Projects the base value of a recommended award does not exceed the base estimate by more than ten (10) percent; and 3. The contractor, vendor or consulting firm receiving the award is in good standing with the County including, (e) but not limited to: no outstanding debts; demonstrated acceptable past performance; and has submitted required insurance, bonds, affidavits and documentation provided for by the solicitation; and 4. None of the bidders have filed a timely bid protest; and 5. All awards are subject to ratification by the Board of County Commissioners at the next available meeting and contracts for Capital Stimulus Projects approved under this authority must contain a Termination for Convenience clause. For Capital Stimulus Projects negotiate and settle contractor claims, and issue change orders for additional work under contracts and amendments for professional services agreements where: 1. The change order or claim does not increase the contract amount, including contingencies; and 2. The contingency allowance established in accordance with Section 2-8.1(h) shall be utilized to ensure minimal disruption in work flow and shall be documented on the appropriate contingency authorization draw. Change orders shall be submitted to replenish the contingency account in a timely manner; and 3. The limitations provided in (4)(e)1 above shall not apply to any change order or amendment related to emergency actions impacting environmental remediation, public safety, health requirements or recovery from natural disaster. (5) All actions taken by the Mayor or his/her designee under this Section shall not require review by any Committee, but shall be submitted to the next available Board of County Commissioners meeting for ratification. Awards that do not meet the requirements of subsection (4)(d) above shall not require Committee review but shall be submitted to the next available meeting

99 ADMINISTRATION of the Board of County Commissioners for approval. The authority delegated to the Mayor or the Mayor's designee pursuant to this Section shall be in addition and not in derogation to other delegations of authority set forth elsewhere in this Code. (6) Special exemptions: This process shall be modified to ensure full conformance with any special provisions or review processes established by the Board. As such, any proposed County contract for a project included in the TIP approved by the MPO that is funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax authorized by Article XVI of Chapter 29 of the County Code, the Mayor or his/her designee shall have the authority to advertise and issue bid or proposal documents for such contracts where the bid or proposal documents expressly provide that no award shall be effective and no contractual relationship shall arise with the County unless and until ratified by the County Commission and that ratification is approved by the Citizens' Independent Transportation Trust or reaffirmed by the County Commission as provided in subsection (e) of Section of the County Code, and the authority to issue notices to proceed after award for such contracts shall be limited to those instances where the County Commission has ratified the award and the Citizens' Independent Transportation Trust has approved the Commission's action or, if the Trust disapproves such Commission action, the Commission has reaffirmed same as provided in subsection (e) of Section of the County Code. (7) This ordinance shall sunset July 1, (Ord. No , 1, ; Ord. No , 1, ; Ord. No. R-11-49, 1, ) Editor s note See the editor's note to Sec Miscellaneous Construction Contracts Program. (1) Policy: This ordinance, to be known as the Miscellaneous Construction Contracts Program ("MCC"), is intended to enhance the contracting opportunities of Community Small Business Enterprises ("CSBE") as defined in Section and to facilitate and expedite the award of construction contracts to small businesses. (2) Scope: This Section, and the processes set forth herein, shall be applicable to the prequalifying, registration, award and construction of miscellaneous construction contracts designed to provide opportunities for Community Small Business Enterprises. (3) MCC participants shall be allowed to participate in two different contracting plans, with contracting procedures and specifications to be developed, maintained and amended by the Office of Capital Improvements ("OCI") specifically for these purposes, all in accordance with an Implementing Order ("IO") to be approved by the Board: (a) (b) 7040 Plan ("CSBE Rotational Set Aside Plan"): 1. The Set Aside Plan shall be a 100 percent CSBE set aside. To qualify, participants must be certified by the Department of Small Business Development ("SBD") in their contracting trade. 2. OCI shall establish and administer a rotational pool to distribute work among program participants in an equitable manner through competitive bids. The pool shall be designed to effect the maximum distribution of work among qualified firms, established in accordance with the contractor's license and abilities to do the work, all in accordance with the provisions of the IO. 3. The SBD Review Committee shall establish an annual Community Workforce Program ("CWF") goal applicable to all contracts with construction costs of more than one hundred thousand dollars ($100,000.00) Plan ("Open Competitive Plan"): 1. Bidders under this plan shall be prequalified prior to award in forms to be developed for this purpose by IO. 2. This plan shall be used whenever the funding source prohibits the use of CSBE set asides or when SBD determines that there is insufficient

100 MIAMI-DADE COUNTY CODE availability for a CSBE set aside within the 7040 Plan to accomplish the proposed work. 3. This plan shall provide contract award opportunities to CSBEs through subcontracting. 4. CWF goals shall be established for each award under the 7360 Plan by the Review Committee of the Department of Small Business Development. (4) The MCC Program shall be subject to an Overall Program Expenditure Limit ("OPEL") which is to be set by the Board of County Commissioners by resolution. OCI shall be authorized to allocate the OPEL among the plans as necessary. Individual awards within the plans shall be subject to the dollar limitations set forth in Section 2-8.1(b) of this Code. The first OPEL shall be the unexpended balance of the amount previously authorized by the Board by Resolution R (5) Notwithstanding any other provision of the Code of Miami-Dade County to the contrary, the Mayor or Mayor's designee shall have the following authority with respect to the Miscellaneous Construction Contracts Program: (a) (b) (c) (d) To issue bid and proposal documents including addenda thereto; To receive, open and review bids and proposals; To make revisions to the MCC Contract and Program documents to address ambiguities and to make other clarifications as needed. To award or reject bids for construction contracts and issue the Notice to Proceed on each where: 1. Operational considerations, if applicable, have been reviewed and approved by the Office of Strategic Business Management; and 2. The base value of a recommended award does not exceed the dollar limitations set forth in Section 2-8.1(b); and (e) (f) 3. The contractor receiving the award is a registered vendor who is licensed, properly insured and in good standing with the County including, but not limited to: no outstanding debts; demonstrated acceptable past performance; and has submitted required insurance, bonds, affidavits and documentation provided for by the solicitation; and 4. Participants have submitted a program participation application form. To negotiate and settle contractual disputes, and issue change orders for additional work: and To terminate contracts in accordance with the contract documents. (6) All actions taken by the Mayor or Mayor's designee under this section shall not require review by the Board of County Commissioners. The Mayor or Mayor's designee shall submit to the Board, on a quarterly basis, reports on the contracting activities during the previous quarter. These reports shall include the number of awards, total dollars awarded and CSBE activity. (7) Special Exemptions: This process shall be modified to ensure full conformance with any special provisions or review processes established by the Board. As such, any proposed County contract for a project that is funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax shall be governed in accordance with the authority granted in Section of the Code of Miami-Dade County. The County Mayor or Mayor's designee shall have the authority to advertise and issue bid or proposal documents for those contracts funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax. (Ord. No , 1, ) Sec County manager's authority as to contract relating to construction of Performing Arts Center of Greater Miami. Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County,

101 ADMINISTRATION mittee. The Committee shall be comprised of voting and nonvoting members as follows: (i) (ii) Voting members shall be representatives of the Miami-Dade Agri-Council, the Miami-Dade County Agricultural Practices Study Advisory Board, the Miami-Dade County Farm Bureau, the Potato Grower Exchange, the Miami-Dade County Chapter of the Florida Nurserymen and Grower's Association, the Florida Lime & Avocado Committee, the Tropical Everglades Visitor Association, the Homestead-Florida City Chamber of Commerce, Chamber South, the Florida Engineering Society, a citizens' organization active in the combined geographic area of Community Councils 11 and 12, a citizens' organization active in the combined geographic area of Community Councils 13 and 15, the Redland Citizens' Association as the citizens' organization active in the area of Community Council 14, one building industry organization, the National Audubon Society, the Tropical Audubon Society, the Sierra Club Miami Group, Biscayne National Park, Everglades National Park, the cities of Homestead and Florida City, one member from the community at large appointed by the County Manager to serve as Chairperson and two at large members recommended by the Chairperson. Non-voting members shall be representatives of the Miami-Dade Department of Planning and Zoning, the Miami-Dade Department of Environmental Resources Management, the Miami-Dade Water and Sewer Department, the South Florida Water Management District, the South Florida Regional Planning Council, and the Florida Department of Environmental Protection. (b) Each member shall be appointed by the County Manager and approved by the Board of County Commissioners to serve until the Board of County Commissioners takes final action on the proposed Watershed Plan, or until replaced by the County Manager with the approval of the Board of County Commissioners. The provision in Section of this Code prohibiting simultaneous membership on more than one County board shall not apply to those members of the Miami-Dade County Agricultural Practices Study Advisory Board, the Floodplain Management Task Force, the Redland Area Municipal Advisory Committee, and the Biscayne National Park Buffer Development Review Committee who are appointed to the Committee. Appointments and activities of the Committee shall otherwise comply with the requirements of Sections through of the Code of Miami-Dade County, Florida. The County Manager shall appoint the Chair. It is the Chair's responsibility to chair all meetings and to issue an annual report to the Board of County Commissioners in accordance with Section (a). Code of Miami-Dade County. A simple majority of the Committee members shall constitute a quorum, and a two-thirds majority of a quorum of the Committee shall be required for the passage of any motion. The Committee may establish other procedures and protocols regarding attendance, alternate attendees, and voting. The Committee shall automatically sunset upon adoption of the Plan. (c) The County Manager shall assign appropriate staff to assist the Committee in accomplishing its purpose, including the following: prepare necessary meeting materials and notices; arrange meeting locations; prepare meeting summaries; and transmit communications between the Committee, project consultants, and participating agencies. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) 355

102 MIAMI-DADE COUNTY CODE Sec Citizens' Advisory Committee for the Agriculture and Rural Area Study; intent and purpose; establishment; membership; qualifications; appointment; term; duties; staff support. (1) Legislative intent and purpose. (a) It is the intent of the Board of County Commissioners of Miami-Dade County to establish a broad-based Citizens' Advisory Committee (the CAC) for the Agriculture and Rural Area Study (the Study) pursuant to policy established in the Comprehensive Development Master Plan (CDMP). The purposes of the CAC and duties of its members shall be: (i) (ii) To serve as a two-way conduit of information between consultants retained to assist in the study and community interests represented by the CAC members; To advise the consultants and assigned County, South Florida Water Management District, and U.S. Army Corps of Engineers staff as to those views represented by the CAC members; (iii) To suggest information sources to the consultants; and (iv) To review and comment on the consultants' draft and all deliverables, including recommendations on polices, programs, and strategies. (2) Citizens' Advisory Committee for the Agriculture and Rural Area Study. (a) (b) There is hereby established an advisory board to be known as the Citizens' Advisory Committee (CAC) for the Agriculture and Rural Area Study. The CAC shall be composed of sixteen (16) members appointed as follows: one representative from the row crop industry, to be recommended by the Miami-Dade County Farm Bureau; one representative from the lime and avocado industry, to be recommended by the Florida Lime and Avocado Growers Association; one representative from the tree crop industry, to be recommended by Tropical Fruit Growers of South Florida; two representatives from the nursery industry, to be recommended by the Florida Nurseryman and Growers Association; one agribusiness representative, to be recommended from the Florida Fertilizer and Agri-Chemical Association; one agri-banking representative, recommended from a bank in South Dade with significant involvement in commercial/banking aspects of the agricultural industry; one representative from and recommended by the Homestead/Florida City Chamber of Commerce; one representative from and recommended by the Redland Citizen's Association; one representative of farm labor recommended by the Coalition of Florida Farmworkers Organizations; one representative of the aquaculture industry, recommended by the South Florida Aquaculture Association; one representative of the agricultural land leasing real estate industry, to be recommended by the Agricultural Practices Study Advisory Board; one representative from and recommended by the Redland Conservancy; one representative from and recommended by the National Audubon Society; one representative from and recommended by Sierra Club; and one representative from and to be recommended by the Miami-Dade County Agri-Council. Each member shall be appointed by the County Manager and approved by the Board of County Commissioners to serve until submission of the study to the Board of County Commissioners or until replaced by the County Manager with the approval of the Board of County Commissioners. Except for the provision prohibiting membership on two County boards, appointments and activities of the CAC shall otherwise comply with the requirements of Sections through of the Code of Miami-Dade County, Florida. At its first meeting, the CAC shall elect a Chair and Vice-Chair. It is the Chair's responsibility to chair all meet- 356

103 ADMINISTRATION ings and to issue an annual report to the Board of County Commissioners in accordance with Section (a), Code of Miami-Dade County. A simple majority of the CAC members shall constitute a quorum and a simple majority of a quorum of the CAC shall be required for the passage of any motion. The CAC shall automatically sunset upon the completion of the Study. (c) The County Manager shall assign appropriate staff. Designated staff shall prepare necessary meeting materials and advertisements, arrange meeting locations, and undertake other responsibilities associated with staffing the CAC. (Ord. No , 1, ) Sec Evaluation and appraisal of the Comprehensive Development Master Plan. (a) The evaluation and appraisal process shall be the principal process for updating the Comprehensive Development Master Plan (CDMP) to reflect changes in state policy on planning and growth management. The evaluation and appraisal of the CDMP shall be prepared and presented in a report. Such report shall contain an assessment and evaluation of the success or failure of the comprehensive plan or element or portion thereof, and shall also recommend changes needed to update the comprehensive plan, or elements or portions thereof, including reformulated objectives, policies, and standards and shall contain a schedule for reviewing and taking final action on the proposed amendments. (b) The Director of the Department of Regulatory and Economic Resources, or successor agency (hereinafter referred to as "the Department") shall prepare the evaluation and appraisal report pursuant to Section , Code of Miami-Dade County, for finalization by the Planning Advisory Board acting in its capacity as the Miami-Dade County local planning agency (LPA) pursuant to Section , Code of Miami-Dade County, and for adoption by the Board of County Commissioners as provided in this section. Not less than three (3) months prior to the deadline established by the State Land Planning Agency to comply with Section , F.S., for evaluating the comprehensive plan, the Director of the Department shall deliver the proposed report to the Planning Advisory Board acting in its capacity as the LPA. Upon receipt of the proposed plan evaluation and appraisal report, the Planning Advisory Board acting as the LPA shall conduct one (1) or more public hearings duly noticed in accordance with Section (17), F.S. Following the public hearing(s), the Planning Advisory Board acting as the LPA, shall complete preparation of the report, including their recommendations, and submit it to the Board of County Commissioners not less than two (2) months prior to the deadline established by the State Land Planning Agency to comply with Section , F.S. The Department may issue recommendations regarding the report as finalized by the LPA. The Board of County Commissioners shall by resolution adopt, or adopt with changes, the report or portions thereof on or before the date established by the State Land Planning Agency to comply with Section , F.S. Not less than six (6) months prior to the deadlines established by the State Land Planning Agency to comply with Section , F.S., the Department shall publish in a newspaper of general circulation in Miami-Dade County a schedule of all activities required by law for evaluating the comprehensive plan. Any changes in the schedule shall be published in the same manner. The published schedule and changes thereto shall be delivered to the Board of County Commissioners and the Planning Advisory Board. (c) At any time prior to or during preparation or review of the proposed or recommended evaluation and appraisal report, the Board of County Commissioners, Planning Advisory Board or the Department may conduct public meetings or public workshops in addition to the public hearing specified herein to address the matters set forth in Section (4), F.S. Any such public workshop shall be advertised in a newspaper of general circulation in Miami-Dade County, at least once seven (7) to fourteen (14) days prior to the date of said workshop. (Ord. No , 7, ; Ord. No. 76-4, 1, ; Ord. No , 1, ; Ord. No. 357

104 2-116 MIAMI-DADE COUNTY CODE 78-48, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 90-2, 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Annotations AO's 4-49, Sec Amendment procedure for Comprehensive Development Master Plan. (1) Scope of eligibility. (a) (b) Any person or organization, including the federal government, the State of Florida, Miami-Dade County, any municipality in Miami-Dade County and any of their agencies, authorities and departments may request the initiation of the amendatory process provided below. If the applicant has an ownership interest in any real property covered by an application to amend the land use element of the Comprehensive Development Master Plan, such interest shall be disclosed in the same manner as required of zoning applicants in Section of the Miami- Dade County Code. If the applicant is acting as agent or attorney for a principal, the principal's interest shall be disclosed in the same manner as required of zoning applicants in Section of the Miami- Dade County Code. This subsection (b) shall not apply to governmental applicants. (2) Application. Except as specifically provided below for applications pursuant to a compliance agreement, pursuant to a State statutory requirement, or pursuant to a concurrently requested development of regional impact (DRI) development order or change to an existing DRI development order, or for applications relating to reuse of military bases pursuant to Chapter 288, F.S., any request for amendments, modifications, additions or changes to the Comprehensive Development Master Plan shall be submitted to the Miami- Dade County Department of Regulatory and Economic Resources or successor agency (hereinafter referred to as "the Department") during the period between May 1 and May 31 inclusive (hereinafter "May period"), and during the period between November 1 and November 30 inclusive (hereinafter "November period"), in each year only in accordance with the following provisions: (a) (b) Applications requesting amendment to the Urban Development Boundary (UDB) or to the Urban Expansion Area (UEA) boundary depicted on the Land Use Plan map, or to the land use classification of land located outside of said Urban Development Boundary may be filed only during the May period in odd-numbered years. The Director of the Department may also file applications requesting amendments to the UDB, UEA or to the land use classification of land located outside of said UDB for processing during either the May or November period following the adoption of an evaluation and appraisal report, provided that the amendments proposed in said applications are suggested in the adopted evaluation and appraisal report. All requests shall be made by filing an application in a form and containing the information prescribed by the Director of the Department. Applicants seeking to have their requests considered to be smallscale amendment applications, as provided in Section , F.S., and eligible for processing in accordance with the procedures provided herein for final action, shall clearly state such request in the application. Small-scale amendment applications shall not be eligible to request amendments to modify or expand the UDB or UEA.All proposed plan amendment applications not requested for adoption as small-scale amendment applications, and all requested small-scale amendment applications which are not adopted but which are transmitted to the State Land Planning Agency and other review agencies for review and comment are hereby defined as standard expedited amendment applications. Applications which are deemed by the Department to 358

105 ADMINISTRATION (c) be unclear or incomplete may be supplemented no later than the seventh (7th) business day following notice from the Department that the application filed is deficient. The Miami-Dade County Board of County Commissioners may, by resolution or ordinance, at any time initiate a request to amend, modify, add to or change the Comprehensive Development Master Plan, or may, by resolution or motion, authorize or direct the County Mayor to utilize the optional procedure provided in Section , F.S., and Section (5)(b), herein, to amend the CDMP to enable military base reuse. Except for requests by the Board of County Commissioners to amend the Comprehensive Development Master Plan in the case of a compliance agreement as provided in Section (5). F.S., in the case of a State statutory requirement, in the case of an application necessary to authorize a Development of Regional Impact initiated by the County, in the case of an application for a small-scale amendment pursuant to Section , F.S., in the case of an application relating to military base reuse, prepared pursuant to Section , F.S., or unless otherwise provided by said resolution or ordinance, the content, activities, and time periods herein provided, as quantified by number of days, shall be substantially applicable to such a request from the date of the adoption of the resolution or ordinance. Said resolution or ordinance shall direct the County Mayor to include the special application for review and action along with May period or November period applications as provided herein or that the special application shall be reviewed and action shall be taken on a special schedule prescribed in the resolution or ordinance. In no instance shall the filing or authorization of applications by the Board of County Commissioners for processing on a special schedule result in adoption of more than two (2) Comprehensive Development Master Plan amendments in any calendar year except in the (d) case of a concurrent approval of a Development of Regional Impact as provided in Section (6)(b), F.S., approval of a small-scale amendment as provided in Section , F.S., a compliance agreement as provided in Section (1)(e), F.S., or utilization of the optional CDMP amendment procedure for military base reuse as provided in Section , F.S. In the event that the Board of County Commissioners has entered into a compliance agreement pursuant to Section (6), F.S., requiring the filing of an application to amend, modify, add to or change the Comprehensive Development Master Plan, the County Mayor or the Mayor's designee shall file an application pursuant to the terms of the approved settlement agreement in accordance with the content, activities and time periods provided by the terms of the compliance agreement and by the resolution approving such agreement and in accordance with the procedures provided in Section (6), F.S. (3) Procedure upon application; Director of Regulatory and Economic Resources, Community Councils, Planning Advisory Board (PAB), and Board of County Commissioners; or applications pursuant to a compliance agreement. (a) Upon receipt of an application for amendment, modification, addition or change to the Comprehensive Development Master Plan, the Director of the Department shall consult with other County personnel, departments or agencies, a municipality or County having jurisdiction over or adjacent to the area in question as he deems necessary to evaluate the proposed application. Each application may be deemed by the Board of County Commissioners to include similarly situated or adjoining property which could be affected by the adoption of the request in whole or in part, except that no such determination by the Board of County Commissioners shall cause a requested small-scale amend- 359

106 MIAMI-DADE COUNTY CODE (b) ment to exceed the conditions for such amendments enumerated in Section (1)(e), F.S. The Director of the Department shall prepare an applications report listing all applications received, including small-scale amendment applications and staff applications, including the nature of the application and the reasons stated for requesting the proposed amendment, modification, addition or change. The report shall also itemize proposals suggested and under evaluation by the Department staff; however, this initial identification of staff proposals shall not preclude further staff proposals. Such staff proposals, except those initiated in direct response to the written comments submitted by the State Land Planning Agency and other review agencies pursuant to Section (3) and (4), F.S., shall be finalized no later than the advertised notice of the public hearing to be conducted by the Community Councils pursuant to Section (3)(e), Code of Miami-Dade County. Further staff proposals initiated in direct response to the written comments submitted by the State Land Planning Agency and other review agencies shall be finalized no later than two weeks prior to the date of the Board of County Commissioners final public hearing pursuant to Section (4)(b), Code of Miami-Dade County. The Department and the local planning agency are authorized to recommend, and the Board of County Commissioners is authorized to adopt, CDMP amendments with changes to include, (a) similarly situated or adjoining property which could be affected by the adoption of a request, (b) staff proposals in whole or in part as provided in this section, (c) changes within the scope of the applications and staff proposals, or (d) changes to ensure internal consistency among plan elements, applications or staff proposals. (c) On or before June 21st following the filing of May period applications and December 21st following the filing of November period applications, the applications report shall be submitted to the Planning Advisory Board and directly impacted Community Councils as determined by the Director of the Department and shall be available to the public at the same time. Any small-scale application may be withdrawn by written notice by the applicant filed with the Director on or before the deadline established in paragraph (3)(f) for formulation of recommendations by the Planning Advisory Board acting as the local planning agency, and any standard or transmitted application may be withdrawn by written notice by the applicant filed with the Director on or before the deadline for formulation of final recommendations by the Department. After these dates a withdrawal may be authorized only by affirmative vote of the Board of County Commissioners. However, in no instance shall a filing fee be refunded unless timely request for withdrawal and refund is filed in accordance with paragraph (8), herein. For the purposes of preparing the initial recommendations of the Department, the Director shall request an evaluation from all county departments and agencies responsible for supplying and maintaining infrastructure and services relevant to the CDMP as determined by the Director. Such departments and agencies shall respond with a written evaluation of the estimated incremental and cumulative impact on Miami-Dade County for bringing such infrastructure and services to the area as well as the costs of annually operating and maintaining such infrastructure and services. The evaluation shall estimate the extent to which the costs of the required infrastructure and services will be borne by the described property or will require general taxpayer support, and an estimate of the amount of such support. The Director shall also request a similar report from non-county authorities and agencies which may be affected by a proposed land use change including but not limited to the Metropolitan Plan- 360

107 ADMINISTRATION (d) ning Organization, Miami-Dade County Public School District, and the South Florida Water Management District. The Director shall consider responses received in writing by any person or organization, on or before the tenth (10th) day in July following the filing of May period applications and on or before the tenth (10th) day of January following the filing of November period applications. The Director shall also consider and evaluate the information presented at any public workshops which are held in accordance with this section. On or before the twenty-fifth (25th) day in August following the filing of May period applications and the twenty-fifth (25th) day of February following the filing of November period applications, the Department shall issue its initial recommendations on the applications. The initial recommendations of the Department shall refer to each application specifically or as combined with other similar applications and shall consider all comments, information and recommendations received in accordance with paragraph (c) above. The initial recommendations of the Department are not necessarily limited to specific applications but may deal with any aspect of the Comprehensive Development Master Plan. (1) The proposed future land use plan map designation of the subject property; the boundary of the subject property and its location in relation to the surrounding street and thoroughfare network shall be shown on (a) map(s); (2) The land use designations of the subject property and abutting properties currently designated on the future land use plan map shall be shown on (a) map(s); (3) The size of the subject property in acres or fractions thereof shall be indicated; (e) (4) A description of the availability of, and the demand on, the following public facilities shall be included: sanitary sewer, solid waste, drainage, potable water, traffic circulation and recreation, as appropriate, and any others deemed appropriate by the Director; and (5) Information regarding the compatibility of the proposed land use amendments with the objectives and policies of the land use element and those of other affected elements. Each Community Council may at its option conduct one (1) public hearing per amendment cycle to address proposed CDMP amendment applications, or portions thereof that would directly impact the Council's area as determined by the Director of the Department. All Community Council hearings on CDMP amendment applications shall occur either during September following the filing of May period applications or during March following the filing of November period applications. Upon conclusion of a public hearing addressing CDMP amendment applications, the Community Council may, at its option, make recommendations to the Planning Advisory Board and the Board of County Commissioners on the applications. Recommendations may address the decisions to be made by the Board of County Commissioners regarding transmittal of the applicable applications to the State Land Planning Agency and other review agencies for review and comment, and regarding ultimate adoption, adoption with change, or denial of the applicable applications. Public hearings of Community Councils shall be advertised in the manner provided in the "Requirements for the Conduct of Community Council's Non-Zoning Business" adopted by resolution of the Board of County Commissioners, A decision by any Community Council not to conduct a public hearing or not to adopt recommendations within the time frame established in this 361

108 MIAMI-DADE COUNTY CODE (f) paragraph shall not preclude the Planning Advisory Board acting as the Local Planning Agency, or the Board of County Commissioners, from conducting public hearings or taking actions required by this section. In the event that the Board of County Commissioners by ordinance or resolution authorizes or requests a committee, board, council or similar entity to review proposed CDMP amendment applications, such reviews shall also occur during September following the filing of May period applications and during March following the filing of November period applications. The Planning Advisory Board acting as the local planning agency shall hold one (1) public hearing in October following the filing of May period applications and in April following the filing of November period applications. Such public hearings shall be preceded by a notice of the time, place and purpose of such hearing published in a newspaper of general circulation in Miami-Dade County not less than ten (10) days prior to the date of the hearing. In the event that the Planning Advisory Board acting as the local planning agency determines it to be necessary or desirable, it may continue the hearing to one (1) or more additional dates during the same month in which the hearing commenced. No additional public notice shall be required for the continued hearing, provided that the date and time are announced at the hearing being continued. The purpose of the public hearing shall be to receive public comments and to address the amendment applications, the initial recommendations of the Department, and the questions of, (1) the adoption of requested small-scale amendment applications, (2) transmittal of the standard expedited applications, and (3) transmittal of the State coordinated review applications. and any small-scale amendment applications not recommended for adoption to the State Land Planning Agency and other review agencies for review pursuant to Section (3) and (g) (4), F.S., and (4) subsequent approval of transmitted applications, by the Board of County Commissioners. At the conclusion of each public hearing conducted pursuant to this paragraph, the Planning Advisory Board acting as the local planning agency shall issue recommendations regarding adoption of any small-scale amendment requests, recommendations regarding transmittal by the Board of County Commissioners, to State agencies for review pursuant to Section (3) and (4), F.S., of the expedited standard amendment applications. State coordinated review applications and any small-scale amendment applications not recommended for adoption, and recommendations regarding subsequent final action by the Board of County Commissioners on the transmitted plan amendment(s). The Board of County Commissioners shall hold one public hearing during November following the filing of May period applications and during May following the filing of November period applications. Hearing(s) held pursuant to this paragraph shall be advertised in accordance with Section (11)(b), F.S., and shall be held on a weekday not less than ten (10) days after the day that the advertisement is published. At these hearings the Department shall present to the Board the listing of applications filed pursuant to Section (3)(b), Code of Miami- Dade County, and the Board shall consider the adoption or adoption with change of any requested small-scale amendments, the transmittal of the expedited standard amendment applications and the transmittal of the State coordinated review amendment applications to the State Land Planning Agency and other review agencies and any requested small-scale amendments not adopted. If any requested smallscale amendments will be considered for adoption at a public hearing conducted pursuant to this paragraph, the Department shall, prior to said hearing, submit to the Board of County Commissioners an ordinance for first reading providing for 362

109 ADMINISTRATION (h) Commission action on said small-scale amendments. The action to adopt any small-scale amendment to the CDMP shall be by ordinance enacted only upon vote of the majority of the total membership of the County Commission then in office. Notwithstanding any other provision to the contrary, any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP shall require a vote of two-thirds ( 2 /3) of members present, but not less than seven affirmative votes. The transmittal action shall be taken by resolution of the Board of County Commissioners. The decision to transmit shall be by affirmative vote of not less than a majority of the total membership of the County Commission then in office. Following the adoption of the resolution pertaining to transmittal, the Board may consider the approval on first reading of one (1) or more ordinances to subsequently take final action on the transmitted applications. The Board of County Commissioners hereby authorizes and directs the County Mayor or the Mayor's designee to transmit all documents and information required by Sections (3) and (4), F.S., following the hearing, on behalf of the Board. The Department shall evaluate all of the information received at the transmittal hearing or within thirty (30) days after action by Board of County Commissioners addressing transmittal of the applications and may present final recommendations to the Board of County Commissioners. (4) Procedures for final actions after transmittal to state review agencies. After the County Mayor or his designee transmits the applications instructed by the Board of County Commissioners pursuant to foregoing paragraph 3(g), subsequent County actions shall be as follows: (a) The Board of County Commissioners shall conduct one (1) or more advertised public hearings not later than forty-five (45) days after receipt of comments from the State (b) Land Planning Agency and other review agencies, unless a greater time period is deemed necessary by the Director. At such hearing(s) the Board of County Commissioners shall take final action to adopt, adopt with changes or not adopt each of the applications. Any changes must be within the scope of the applications filed and the proposals made pursuant to, and as authorized by, Sections (2)(a), (b), (c), and (d), and (3)(a) and (b), Code of Miami-Dade County, or within the scope of the written comments submitted by the State Land Planning Agency and other review agencies pursuant to Section (6)(3) and (4), F.S. The deadline established in this paragraph may be extended by sixty (60) days where all pending plan amendments are proposed to implement an adopted evaluation and appraisal report of the CDMP. All public hearings conducted by the Board of County Commissioners pursuant to foregoing paragraph (4)(a) to take final action on applications to amend the CDMP shall be advertised in the manner required by Section (11), F.S. All such hearings shall be held on a weekday approximately ten (10) days after the date that the advertisement is published. All amendments, modifications, additions or changes to the comprehensive development master plan shall be by ordinance enacted only upon vote of the majority of the total membership of the County Commission then in office, except that any decision to include any additional land within the Urban Development Boundary, or to redesignate to an urban use any land located outside the UDB shall require a vote of two-thirds ( 2 /3) of the total membership of the County Commission then in office. Notwithstanding any other provision to the contrary, any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP shall require a vote of two-thirds ( 2 /3) of members present, but not less than 363

110 MIAMI-DADE COUNTY CODE seven affirmative votes. Findings, if any, made by the Board of County Commissioners which are not included in the ordinance adopting plan amendments and which provided the basis for adoption or determination not to adopt shall be transmitted to the State Land Planning Agency and other review agencies with the adopted amendments. In addition, the Department shall prepare for transmittal a statement in support of the Commission's actions indicating the relationship, if any, of the changes not previously reviewed by the State Land Planning Agency and other reviewing agencies to the comments submitted by said agencies pursuant to Section (3) and (4), F.S. The County Mayor or the Mayor's designee is hereby authorized and directed to transmit, on behalf of the Board, the adopted amendments, adopting ordinance and all other necessary information and documents required by Section (3)(c)2. and (4), F.S. Copies of adopted proposals shall be transmitted by the County Mayor or the Mayor's designee to said agency after adoption pursuant to Section (3) and (4), F.S. (5) Applications filed pursuant to a compliance agreement, concurrent approval of a Development of Regional Impact (DRI), or to enable reuse of a military base designated for closure or closed by the Federal Government. Notwithstanding other requirements of this subsection, any application filed pursuant to a compliance agreement as provided in Section (6), F.S., shall be subject only to the procedural requirements for such applications found in Section , F.S., and to the procedural requirements of the resolution or other action of the Board of County Commissioners approving the filing of such application. Applications which are subject to concurrent approval of, or change to, a development of regional impact development order shall be subject only to the procedural requirements for such applications provided in Section (6)(b), F.S., and in Section (5)(a)(1) through (7), herein. (a) Procedure for amendment concurrently with Development of Regional Impact Development Order, Applications related to a proposed development of regional impact (DRI) including requests for approval of a substantial deviation from an approved DRI, may be filed at times other than May and November as provided by Section (6)(b), F.S., in instances where a CDMP amendment would be necessitated by the DRI approval sought. Such applications shall be processed in accordance with the following provisions: (1) Whenever an applicant for a DRI development order seeks a related amendment to the CDMP, the applicant must inform the Director of the Department of the amendment requested by filing an application in the form prescribed by the Director pursuant to this section. The application must be accompanied by a copy of the letter submitted to the regional planning council applying for DRI development approval, the data and analysis and any other information specified at the preapplication conference with the regional planning council staff, or its successor agency, upon which the County can determine whether or not to transmit the proposed CDMP amendment pursuant to Section (4), F.S. The application filing date is hereby deemed to be the later of the dates on which the Director of the Department receives a completed CDMP amendment application, or the date on which the Director receives notification from the regional planning council or its successor agency that the application for development approval is sufficient, (2) Where an application directly impacts a Community Council as determined by the Director of the Department, the subject Community Council shall be provided with an opportunity to conduct a public hearing and issue recommendations on the appli- 364

111 ADMINISTRATION cation in the manner set forth in paragraph (3)(e), herein; provided, however, such hearing and review shall take place within twenty (20) days after an application is filed pursuant to this paragraph and before the public hearing conducted by the Local Planning Agency. The Planning Advisory Board acting as the Local Planning Agency (LPA) shall conduct a public hearing to address the application not later than thirty (30) days after an application is filed pursuant to this paragraph. This public hearing shall be noticed in accordance with the notice provisions contained in Section (3)(f), herein. At the conclusion of the public hearing, the LPA shall issue the following to the Board of County Commissioners: (1) recommendations regarding transmittal of the application by the Board of County Commissioners to the State review agencies pursuant to Section (3), F.S.; and (2) recommendations regarding subsequent final action by the Board of County Commissioners on the plan amendment(s) being proposed for transmittal to the State Land Planning Agency and other review agencies. (3) Not later than sixty (60) days after the filing of an application pursuant to this paragraph, the Board of County Commissioners shall conduct a public hearing and make a determination on the transmittal of the application pursuant to Section (4), F.S. The public hearing shall be advertised once not later than thirty (30) days after the filing of the application in the manner required by Section (11), F.S., for the advertisement of public hearings at which the Board of County Commissioners will consider the transmittal of proposed plan amendments. The transmittal actions of the Board of County Commissioners and the transmittal by the County Mayor or the Mayor's designee shall occur in the manner prescribed in Section (3)(g), herein, for transmittal of applications filed during May and November CDMP amendment filing periods. (4) The Board of County Commissioners shall take final action on the application filed pursuant to this paragraph at the same public hearing as it acts upon the application for approval of or the proposed change to, the DRI development order. However, the Board of County Commissioners shall take action separately on the application for development approval or the proposed change and on the CDMP amendment. This public hearing shall occur no sooner than thirty (30) days and no later than sixty (60) days after receipt of the response from the State Land Planning Agency and other review agencies pursuant to Section , F.S. This public hearing to consider amending the CDMP shall be advertised in the manner prescribed in Section (11), F.S., for the advertisement of public hearings at which the Board of County Commissioners will consider adoption of CDMP amendments. (5) Board of County Commissioners actions to transmit, adopt, or adopt with changes any application filed pursuant to this paragraph shall be by affirmative vote of not less than a majority of the total membership of the County Commission then in office, except that any decision to include any additional land within the Urban Development Boundary, or to redesignate to urban use any land outside the Urban Development Boundary, or to modify the Urban Expansion Area boundary shall require the affirmative vote of twothirds ( 2 /3) of the total membership of 365

112 MIAMI-DADE COUNTY CODE (b) the County Commission then in office. Notwithstanding any other provision to the contrary, any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP shall require a vote of two-thirds ( 2 /3) of members present but not less than seven affirmative votes. (6) The deadlines established in paragraphs (5)(a)(2) through (4), above, may be extended only at the written request of the applicant received by the Director of the Department prior to the earliest of the dates that the Department submits public hearing advertisements for newspaper publication or mails hearing notices to neighboring property owners. After this date, such written requests may be approved only by motion by the Board of County Commissioners. Procedure for amendments implementing military base reuse plans, pursuant to Section , F.S. Notwithstanding other requirements of this section, applications requesting amendments to the CDMP, to enable base reuse activities authorized by a base reuse plan approved by record of decision issued by the military branch having jurisdiction over a military base which has been closed or which is designated for closure or realignment, may be filed and approved in accordance with the optional procedures provided in Section , F.S., and in Section (5)(b) through (5)(b)(12), herein, if authorized by the Board of County Commissioners or County Mayor as provided in paragraph (5)(b)(1). CDMP amendments necessary to initially adopt the military base reuse plan pursuant to Section , F.S., shall be exempt from the limitation on frequency of plan amendments contained in Section (2), herein. (1) Any decision by Miami-Dade County to use the optional procedure established in Section , F.S., shall be made by motion or resolution by the Board of County Commissioners. Such decisions shall be made not less than seven (7) days prior to the deadline established in Section (3), F.S., for issuing notice of intent to the State Land Planning Agency of the County's intent to use the optional procedure provided in Section , F.S. If a decision is made to use the optional procedure, the County Mayor or the Mayor's designee shall, within the time frame established in Section (3), F.S., notify the State Land Planning Agency in writing; by hand delivery or return receipt requested, of the County's intent to use the optional provisions of Section , F.S. The Board of County Commissioners or County Mayor may designate a County agency to have principal responsibility to manage the facility or County portion thereof (hereinafter the base management agency). Any written notice issued by the Miami- Dade County Aviation Department to the State Land Planning Agency prior to the effective date of this provision indicating Miami-Dade County's intent to use the optional procedures provided in Section , F.S,, is hereby deemed sufficient and approved. (2) Whenever Miami-Dade County shall be the host local government as defined in Section (2)(d), F.S., (a) the Department of Regulatory and Economic Resources or successor agency shall coordinate all CDMP amendment activities in close consultation with, and with the assistance of, the designated base management agency, if any, and (b) the Department, or the Aviation Department solely in the case of Homestead Air Reserve Base, shall request the State Land Planning Agency to coordinate a presubmission workshop in 366

113 ADMINISTRATION Miami- Dade County pursuant to Section (8), F.S. The Department and base management agency shall be the Miami-Dade County agencies with which the State Land Planning Agency shall coordinate the workshop, and the County shall request the State Land Planning Agency to invite all Miami-Dade County agencies represented on the Miami-Dade County Developmental Impact Committee (DIC) to attend. (3) Application to amend the CDMP shall be filed with the Department in a form prescribed by the Director pursuant to Section (2)(b), herein, and shall contain all information required by Section (4)(a) through (4)(e), F.S., and all information necessary to ensure consistency as required by Section (7), F.S. If all information data and analysis required by Section , F.S., Chapter 163, Part 2, F.S. and administrative rules adopted thereunder, are not submitted with the application initially submitted, the initial application shall contain a scope of work and schedule for production of all such supporting information, deemed necessary by the Director, for submission on a date specified by the Director which will ensure timely submittal to, and analysis by, the Department and review by the Planning Advisory Board, but not later than the last day of the ninth month following issuance of notice pursuant to Section (5)(b)(1), herein. Applications shall be deemed by the Director to be complete upon his confirmation that the application content and supporting information, data, and analyses reasonably respond to the requirements of laws referenced herein. Completion of an application shall not preclude the preparation or submittal of additional information, data, or analyses by the applicant or Department, or recommendations by the Department for submittal of additional information. (4) Upon receipt of an application, the Director may distribute the application to the Director of the MPO Secretariat and to other County agencies he deems necessary for review and comment on aspects of the application which pertain to matters under the jurisdiction of the agency and which are within the scope of the Comprehensive Development Master Plan. Any such requested comments shall be returned to the Director by the director of the requested agency or his designee on a date specified by the Director in his request. (4.5) Not later than seventy (70) days prior to the due date for transmittal of a proposed plan pursuant to Section (9), F.S., the Director shall submit to the Planning Advisory Board, acting as the Local Planning Agency (LPA), and any Community Council(s) directly impacted by the application as determined by the Director of the Department, the complete application along with supporting information, data and analyses or summaries thereof. The Director shall submit the Department's initial recommendations on the application not less than ten (10) days before the respective public hearing(s) conducted pursuant to Section (5)(b)(5) and (6), herein. In formulating its initial recommendations, the Department shall consider the supporting information submitted by the applicant, government agencies, and timely public comments. The initial recommendations shall reflect consideration of the factors and information noted in Section (3)(d), herein. The Director's recommendations may suggest changes to the application as filed, 366.1

114 MIAMI-DADE COUNTY CODE may address subsequent adoption of the application with or without changes, may recommend production of additional supporting analyses or information, and may recommend an alternative schedule for submission of the application to state review agencies if changes to the application or production of addition information is recommended. (5) At least six (6) weeks before the date scheduled for the Board of County Commissioners public hearing to be conducted pursuant to Section (5)(b)(7), herein, the Community Council(s) directly impacted, as determined by the Director, by an application filed pursuant to this section may at its option conduct a public hearing and issue recommendations addressing the proposed amendments. The public hearing shall occur in the manner set forth in paragraph (3)(e), herein; provided, however, such hearing and review shall occur during the period provided in this paragraph, and before the hearing conducted by the Local Planning Agency. (6) The Planning Advisory Board acting as the LPA shall conduct one (1) public hearing at least three (3) weeks before the date scheduled for the Board of County Commissioners public hearing to be conducted pursuant to Section (5)(b)(7), herein, and approximately ten (10) days after publication of an advertisement in a newspaper of general circulation in Miami-Dade County. If it finds it necessary, the LPA may continue the public hearing once to a date not later than three (3) weeks prior to the date scheduled for the Board of County Commissioners hearing. No additional public notice shall be required for the continued hearing provided that the date and time are announced at the hearing being continued. The purpose of the public hearing shall be to receive public comments on the CDMP amendment proposals contained in the application and to address the initial recommendations of the Department, the questions of transmittal of the amendment proposals to State agencies for review pursuant to Section (9)(a), F.S., and subsequent adoption of the proposed amendments by the Board of County Commissioners, or if justified and necessary in accordance with Section (9), F.S., a request for an extension of the deadline for transmitting the proposed amendments to the State review agencies. At the conclusion of the public hearing, the Planning Advisory Board acting as the LPA shall issue recommendations regarding transmittal of the amendment proposals to the State for review, and recommendations regarding subsequent final action by the Board of County Commissioners to adopt, adopt with changes, or not adopt the proposed amendments contained in the application, or if necessary to comply with Section , F.S., to recommend that the Commission request an extension of the deadline for submission. (7) The Board of County Commissioners shall hold one (1) public hearing not later than fifty (50) weeks after the County Mayor or the Mayor's designee submits notice to the State Land Planning Agency of Miami-Dade County's intent to use the optional provisions of Section , F.S. The hearing held pursuant to this paragraph shall be advertised in accordance with Section (11), F.S., and shall be held on a weekday approximately ten (10) days after the day that the advertisement is published. At this hearing the Board shall consider transmitting to the State agencies listed in Section 366.2

115 ADMINISTRATION (8), F.S., (hereinafter State review agencies) a copy of the amendments proposed pursuant to Section , F.S., or petitioning the secretary of the State Land Planning Agency for an extension of the deadline if justified and necessary, in conformance with Section (9)(b), F.S. The transmittal action shall be taken by approving on first reading an ordinance to take final action on the proposed amendments. The Board of County Commissioners shall take final action after future public hearing to occur after State review agencies have received the transmitted proposed amendments and had opportunity to review and comment. Notwithstanding any other provision of this Section, petition for extension of the deadline may be approved by motion approved by majority of a quorum of the Board of County Commissioners in attendance at any meeting of the Board of justified and necessary in conformance with Section (9)(b), F.S, The County Mayor or the Mayor's designee is authorized and directed to transmit to the state review agencies the amendments authorized by approval at first reading along with all supporting information required by Section and Chapter 163, Part 2, F.S., and pertinent administrative rules adopted pursuant thereto. Transmittal shall occur by hand delivery, or certified or express mail service, with return receipt, not later than ten (10) days after approval of transmittal by the Board of County Commissioners, and the transmittal letter shall specify that all State review agencies shall return comments directly to the Miami-Dade County Department of Regulatory and Economic Resources or successor agency as the County's coordinator of the CDMP amendment process. Not more than five (5) days after transmittal of the proposed plan amendments to the State, the Department shall cause the commencement of the State review period to be advertised in a newspaper of general circulation in Miami-Dade County with invitation for public comments to be submitted to the Department within sixty (60) days after publication of this advertisement. Miami- Dade County shall consider all comments received not later than sixty (60) days after publication of this advertisement. If a listed State review agency has not provided comments within seventy (70) days after transmittal, the Director may determine that comments have not been timely provided and that no objection has been issued by that agency and he may proceed to schedule the activities listed in following paragraphs (8) through (12), herein. (8) Not later than fourteen (14) days after the Department receives comments from all State review agencies or the Director determines that no additional comments are timely as provided in foregoing paragraph (7), the Department, in consultation with the base management agency and any other agencies deemed appropriate by the Director shall issue to the LPA revised recommendations for the Board of County Commissioners to adopt, adopt with changes, or not adopt the proposed amendments. (9) Not later than thirty (30) days after the Department determines that it has received all timely comments from the listed State review agencies, the Planning Advisory Board acting as the LPA shall conduct a duly noticed public hearing. The purpose of the public hearing shall be to receive public comments on the proposed amendments, on the initial recommendation of the LPA issued 366.3

116 MIAMI-DADE COUNTY CODE prior to transmittal, on any comments received from State review agencies, on the current recommendations of the Department, and on the questions of adoption by the Board of County Commissioners pursuant to Section , F.S., and to formulate its revised recommendations. In the event that the LPA determines it to be necessary, it may continue the hearing to a date not later than thirty-five (35) days after the Department has received timely comments from the listed State review agencies. No additional public notice shall be required for the continued public hearing, if any, provided that the date and time are announced at the hearing being continued. At the conclusion of the public hearing the Planning Advisory Board acting as the local planning agency shall deliberate and formulate final recommendations. The Department may also modify its previous recommendations. If the Local Planning Agency has issued recommendations prior to transmittal, failure by the Local Planning Agency to timely conduct a public hearing or issue recommendations pursuant to this paragraph shall not preclude the Board of County Commissioners from conducting a public hearing and taking final action pursuant to Section (5)(b)(10), herein. (10) (a) Not later than sixty (60) days after the Department has received timely comments from all of the State review agencies, the Board of County Commissioners shall conduct a public hearing and shall take final action to adopt, adopt with changes or not to adopt the proposed amendments. Any such changes must be within the scope of the application filed and the proposals made pursuant to, and as authorized by, (b) Section , Code of Miami- Dade County, or within the scope of the written comments received from the State review agencies or other affected persons pursuant to Section , F.S. The public hearing conducted by the Board of County Commissioners to take final action on the proposed amendments to the CDMP shall be advertised in the manner required by Section (11), F.S. The hearing shall be held on a weekday approximately ten (10) days after the date that the advertisement is published. All amendments, modifications, additions or changes to the Comprehensive Development Master Plan shall be by ordinance enacted only upon vote of the majority of the total membership of the County Commission then in office, except that any decision to include any additional land within the Urban Development Boundary (UDB), or to redesignate land outside the UDB to an urban use, or to include or exclude any land within the Urban Expansion Area boundary, shall require a vote of twothirds ( 2 /3) of the total membership of the County Commission then in office. Notwithstanding any other provision to the contrary, any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP shall require a vote of two-thirds ( 2 /3) of members present, but not less than seven affirmative votes. Whenever the sixty-day period prescribed in the preceding 366.4

117 ADMINISTRATION paragraph is waived pursuant to Florida Statutes, the time for the taking of final action upon a proposed amendment implementing a military base reuse plan shall be extended through and including one hundred seventy-nine (179) days after the sixty-day period prescribed by the preceding subsection (5)(b)(10)(a). It is the express intent of this subsection to permit, inter alia, further consideration of an application, even after "final action" under subsection (10)(a). In the event that a hearing under subsection (10)(a) is concluded and a further hearing on the merits is held under this subsection (10)(b), all advertising and other requirements of subsection (10)(a) shall separately apply to such further public hearing. It is provided, however, that once a public hearing is advertised, the same may be recessed without the requirement of further advertisement if the date, time and place of the continuation of the hearing are announced during the hearing at the time the matter is recessed. (11) Within ten (10) days after adoption of CDMP amendments, the County Mayor or the Mayor's designee shall forward a copy of the adopted amendments to any affected local government and regional and State agencies that submitted comments on the proposed plan amendments. In addition the Department shall publish notice in a newspaper of general circulation in Miami-Dade County indicating how and where a copy of the Plan amendments may be obtained or inspected. The County Mayor and County Attorney, in consultation with the Director of the Department and the director of the base management agency, are hereby authorized and instructed to resolve any challenge or dispute which may resolve any challenge or dispute which may arise pursuant to Section (12), F.S. Miami-Dade County shall utilize the procedures established in Section (12) through (12)(d), F.S., to resolve any such challenge. (12) Not later than one hundred thirtyfive (135) days following adoption of the base reuse CDMP amendments by the Board of County Commissioners pursuant to Section , F.S., and resolution of any petitions filed pertaining to the amendments, the County Mayor, in consultation with the Directors of the Department, base management agency, and other affected County agencies, shall submit for first reading by the Board of County Commissioners any ordinances necessary to create or amend Miami-Dade County's land development regulations necessary to fully implement the CDMP amendments adopted pursuant to Section (5)(b), herein. (6) Optional Public Workshops. At any time prior to final action by the Board of County Commissioners, the Board of County Commissioners, Planning Advisory Board or Department may conduct public workshops in addition to the public hearings required by this Section. Any such public workshop shall be advertised in a newspaper of general circulation in Miami-Dade County at least once seven (7) to fourteen (14) days prior to the date of the workshop. (7) Consideration of economic reports, appraisals, etc. No economic reports or studies, real estate appraisals or reports, and/or written reports of consultants or other experts shall be considered as evidence by either the Planning Advisory Board, the Department, or the Board of County Commissioners during their consideration of final action on the amendments unless filed with the Director not later than thirty (30) 366.5

118 MIAMI-DADE COUNTY CODE days after the Board of County Commissioners takes action to transmit the subject proposed application(s) to the State review agencies. Submittal of such reports after this date is hereby authorized only to respond to comments submitted after this date by the State Land Planning Agency or its successor or delegates. This deadline may be waived to permit the submission of such materials addressing matters other than the comments of the State Land Planning Agency only after an affirmative vote of the Board of County Commissioners which may approve such submittal of material upon a demonstration by any interested party that an injustice will occur. (8) Schedule of fees. All fees charged for filing, processing and evaluating applications requesting amendments to the Comprehensive Development Master Plan by the Department are established by separate administrative order which shall not become effective until approved by the Board of County Commissioners. In approving the administrative order, the Board shall consider the cost to the county in processing amendments to the Comprehensive Development Master Plan. Fees will be returned to any applicant who requests an application withdrawal on or before the fifth work day following the deadlines established in this section for filing applications, or the actual date of filing of an application pursuant to Section (5)(a)(1), herein. After these dates no fees shall be returned to any applicant withdrawing their application without express approval by the Board of County Commissioners. Such administrative order shall also provide that a portion of the fee will be returned to the applicant for any application which is not eligible for adoption as a small-scale amendment application and which is denied transmittal by the Board of County Commissioners to the State Land Planning Agency or its successor or designees pursuant to paragraph (3)(g) of this section. (9) No applicant or applicant's representative seeking a recommendation for approval or approval of an amendment to the land use map shall be permitted to argue or represent to the Board of County Commissioners or other recommending County board that the property which is the subject of the application will be put to a specific use or uses or to exclude a use or uses authorized by the proposed land use designation, unless the applicant has submitted a restrictive covenant committing to such representation which has been submitted to the Director and has received approval as to form. This subsection shall not apply, however, if a CDMP amendment is being reviewed concurrently with an application seeking approval or modification of a Development of Regional Impact ("DRI") development order, if the proposed DRI development order application incorporates an Application for Development Approval ("ADA") or Notification of Proposed Change ("NOPC") with the express restrictions limiting development in the same manner as represented by the applicant in the CDMP amendment process. (10) Adjustment of dates. Regarding all dates and time computations contained in this section, except those pertaining to advertising dates, when the last day of a time period falls on a Saturday, Sunday, or official County holiday, that time period will be expanded to include the following business day. (11) All references in this Section to Florida Statutes shall also refer to any amendments thereto and successor legislation or rules. (12) The foregoing procedure shall be the exclusive procedure for amending all elements of the Comprehensive Development Master Plan (CDMP); however, annual updates to the capital improvements element schedule of improvements shall not be deemed to be amendments to the CDMP and may be made by ordinance of the Board of County Commissioners without regard to foregoing subsections (1) through (7). (Ord. No. 76-4, 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No. 90-2, 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, 366.6

119 ADMINISTRATION ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 11, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ) Note According to Ord. No , 2, adopted September 9, 1997: Any CDMP amendment applications filed prior to the adoption of this ordinance in accordance with the then existing provisions of Section of the Code of Miami- Dade County shall be processed according to those provisions until this ordinance becomes effective. After this ordinance becomes effective, Section of the Code as amended by Section 1 of this ordinance shall govern May CDMP amendment cycle activities with the following exceptions to the schedule of activities: A) The public hearing and action to be taken by Community Councils and other entities authorized or requested pursuant to paragraph (3)(e) shall occur during October 1997; B) The public hearing and action to be taken by the Planning Advisory Board pursuant to paragraph (3)(f) shall occur during November 1997; and C) The public hearing and actions to be taken by the Board of County Commissioners pursuant to paragraph (3)(g) shall occur during December Sec Fees for furnishing publications. The Director of Planning and Zoning may prescribe reasonable charges for publications of the Department. (Ord. No. 57-8, 14.12, ; Ord. No , 9, ; Ord. No. 76-4, 2, ; Ord. No , 1, ; Ord. No , 1, ) Sec Applicability of Comprehensive Master Plan to Municipalities. (a) The location of the Urban Development Boundary (UDB) and permitted land uses outside the UDB shall be governed by the Miami-Dade County comprehensive Development Master Plan (CDMP) notwithstanding the fact that the UDB may lie within a municipality. (b) Any amendments to the UDB line or land uses permitted by the CDMP shall be filed and processed in accordance with procedures for applications located within the unincorporated area. (c) All municipal land use decisions outside the UDB line shall be consistent with the CDMP. (Ord. No , 2, ) Sec Area planning reports Legislative intent.* It is the purpose of Sections through to provide a process for preparing and implementing "area planning reports" for portions of the unincorporated area which process shall include, but not be limited to, the following: (a) (b) (c) (d) A procedure for initiating the preparation of growth management planning reports on an area basis; A means of citizen participation in the preparation of area planning reports at a time reasonably convenient to the area residents, owners of property, members of homeowner associations or civic groups and other interested parties during the study process; A method for preparing and periodically revising area planning reports that may be more detailed than the Miami-Dade County Comprehensive Development Master Plan, and that may provide the basis for subsequent amendments to the master plan or for zoning district boundary changes and other suggested implementation actions; and A procedure for Planning Advisory Board recommendation on area planning reports and acceptance of such reports by the Board of County Commissioners. (e) A requirement for the Department of Planning and Zoning initiation of the implementation actions contained in accepted area planning reports. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) *Editor s note Ord. No , 1, adopted June 2, 1992, repealed former , relative to neighborhood or area studies, and enacted new to read as herein set out. The provisions of former derived from Ord. No , 1 8, adopted June 18, 1975; Ord. No , 1, 2, adopted July 6, 1976; Ord. No , 1, 2, 4, adopted Oct. 2, 1979; and Ord. No , 1, 2, adopted July 1,

120 MIAMI-DADE COUNTY CODE Sec Area planning reports Initiation. The Board of County Commissioners, an individual, a group or an entity, including the Miami- Dade County Department of Planning and Zoning, may petition the County Manager for the preparation of an area planning report. The County Manager shall direct the Department of Planning and Zoning to review petitions from entities other than the Department of Planning and Zoning, meeting with the petitioner(s) as needed, and within sixty (60) days to recommend to him whether the requested area planning report should be prepared and, if so, the issues, objectives, boundaries, approach, schedule, and magnitude of staff resources required and available for the preparation of the requested area planning report. A Department of Planning and Zoning petition for an area planning report shall contain the same type of information as does its recommendation to the County Manager on a petition by another entity. Upon receipt of a Department of Planning and Zoning petition for an area planning report or the Department of Planning and Zoning's recommendation regarding a petition submitted by another entity, the County Manager shall transmit such petition or recommendation to the Board of County Commissioners, together with the County Manager's recommendation as to whether the requested area planning report should be prepared. After consideration of the petition for the preparation of the area planning report and the recommendation of the County Manager, the Board of County Commissioners shall either deny the petition or by resolution direct the County Manager to direct the preparation of an area planning report by the Department of Planning and Zoning. Such resolution shall set forth the objectives, boundaries, approach, schedule and magnitude of staff resources to be used in the preparation of the area planning report. The boundaries of the area designated as the subject of an area planning report shall be described by reference to streets, highways or other geographic boundaries. through , Code of Miami-Dade County, the time limitations therein contained shall govern the schedule for completion of the report established in the authorizing resolution. The County Manager shall have discretion as to whether or not to incorporate any or all of an area planning report into his report pursuant to Sections through of the Code. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Area planning reports Scope and contents. An area planning report may address demographic, land use, environmental, facilities and services, aesthetics, design, economic or social considerations that are determined by the Department of Planning and Zoning to be related to the physical maintenance or improvement of the study area or to the preservation or enhancement of the natural or man-made environment of the area consistent with the intent or objectives of the study set forth in the authorizing resolution. An area planning report may include the following: (a) (b) Historic information on the development patterns of the area; Existing and, to the extent feasible, future conditions in the area including: (1) Agricultural land considerations, (2) Environmental considerations, (3) Population characteristics, (4) Socioeconomic factors, (5) Land uses and densities, (6) Housing characteristics, When the area planning reports procedure is utilized in conjunction with the building and zoning moratoria provisions of Section

121 ADMINISTRATION (c) (d) (e) (f) Advocate on behalf of military personnel in Miami-Dade County regarding, among other matters: health care; housing; housing and business loans; pension benefits; education; employment; incarceration; reintegration; unemployment benefits; disability claims; vocational training; and insurance; and Administer the medal of valor program created by Ordinance No ; and Take steps to increase awareness and support for our military personnel from Miami-Dade County who are serving in the Armed Forces around the world; and Interface with local Reserve Officer Training Corps ("ROTC") programs at both the high school and collegiate levels; and (l) (m) (n) Notwithstanding any provision to the contrary, accept and solicit gifts of money or services for the public purposes provided for in this article; and Cooperate with any federal, state, county, or municipal government, agency or instrumentality; and Create a standing committee relating to the Base Realignment and Closure process ("BRAC") charged with the following responsibilities and duties: (1) Working with other entities, such as federal and state agencies, to represent Miami-Dade County's interests by ensuring that local military bases remain open as part of the next BRAC round potentially scheduled for 2015; and (g) (h) (i) (j) (k) Solicit input from and maintain a strong relationship with the United States Department of Defense, Department of Homeland Security, Department of Veterans Affairs, the Red Cross and any other entity which interacts with the Armed Forces regarding military affairs or military personnel regarding, among other things, military affairs impacting Miami-Dade County, military personnel in Miami-Dade County and ROTC; and Coordinate Miami-Dade County's activities regarding Veteran's Day, Memorial Day and the 4th of July; and Promote, attract and solicit military activities in Miami-Dade County from throughout the United States and within Miami- Dade County to the greatest extent feasible and strive to generate and further community support for the United States Armed Forces in the United States and abroad; and Adopt an official seal; and To submit annually to the Board of County Commissioners a report summarizing and evaluating all programs and activities undertaken by the Board during the previous fiscal year; and (o) (2) Maximizing any opportunities for Miami-Dade County that may be realized from any potential realignment; and (3) Minimizing any negative impacts to local communities; and (4) Developing a comprehensive plan, approved by the Military Affairs Board, to be recommended to the Board of County Commissioners after evaluating infrastructure needs, land use needs, 21st century mission of the armed forces, and community support; and (5) Working with military bases in South Florida in order to put together a vision for the future and a relevance plan; and (6) Providing advice and recommendations, approved by the Military Affairs Board, to the Board of County Commissioners regarding any actions it may take to further Miami- Dade County's interests with relation to any future BRAC round. Expend funds for the purposes provided in this article. The Military Affairs Board shall only be authorized to expend funds deposited in the Military Affairs Trust

122 MIAMI-DADE COUNTY CODE (p) Fund. The Mayor or his or her designee shall, on a monthly basis, provide the Military Affairs Board with an accounting of available funds. All expenditures of the Military Affairs Board shall be subject to a county audit. To solicit and approve grant agreements for the public purposes provided for in this article. All funds received pursuant to a grant agreement shall be deposited in the Military Affairs Trust Fund. The Military Affairs Board shall only approve a grant agreement distributing funds to a third-party to the extent that funds are currently available in the Military Affairs Trust Fund. (q) To solicit and approve contracts for the public purposes provided for in this article, and only to the extent that funds are currently available in the Military Affairs Trust Fund. It is the intent of the County Commission that the Military Affairs Board be given the authority to enter into county contracts with the assistance of county staff subject to the limitations of this article. The contracting policies and procedures to be followed by the Military Affairs Board to give effect to this intent shall be set forth in an implementing order approved by resolution of the Board of County Commissioners. (Ord. No , 1, ; Ord. No , 1, ) Sec Governing Board. (a) Composition and appointment. The Military Affairs Board shall consist of twenty-four (24) voting members appointed as follows: (1) Each member of the Board of County Commissioners shall designate one (1) member who shall be approved by the County Commission; and (2) The Chairperson of the County Commission shall appoint one (1) member of the County Commission who shall be the Military Liaison of the County Commission; and (3) The Mayor of Miami-Dade County shall appoint one (1) member of the Board; and (4) The command staff of Southern Command shall appoint one (1) member; and (5) The command staff at the United States Air Force Base in Homestead shall appoint one (1) member; and (6) The command staff at the United States Coast Guard District 7 shall appoint one (1) member; and (7) The command staff at the United States Army National Guard Reserve Station located in Miami shall appoint one (1) member; and (8) The command staff of the United States Navy and Marine Corps Reserves located in Hialeah shall appoint two (2) members: one (1) member representing the United States Navy; and one (1) member representing the United States Marine Corps; and (9) The Miami-Dade Defense Alliance shall appoint one (1) member; and (10) The Greater Miami Chamber of Commerce shall appoint one (1) member; and (11) The Red Cross shall appoint one (1) member. The Military Affairs Board shall also consist of the following non-voting members: (1) The Director of the Miami Veteran's Administration Healthcare System shall appoint one (1) member; and (2) Each Congressperson whose district includes a portion of Miami-Dade County shall appoint one (1) member; and (3) Each United States Senator representing the State of Florida shall appoint one (1) member; and (4) The United States Attorney from the Southern District of Florida shall appoint one (1) member; and (5) The State Attorney for Miami-Dade County shall appoint one (1) member

123 ADMINISTRATION When making a selection, each person or entity shall consider that the voting members should reflect the gender, racial ethnic or cultural make-up of the community. (b) Qualifications. Each member of the Commission shall (i) be a United States citizen, a duly qualified elector of Miami-Dade County and (ii) shall comply with the requirements of Section of the Code of Miami-Dade County. Additionally, each member shall be a person who has previously served or is currently serving in the Armed Forces, or has an interest in military affairs. Before taking any official action, each voting member shall take the prescribed oath of office. (c) Term. Members of the Board shall serve terms of three (3) years each. (d) Vacancies. Each person or entity shall appoint a new representative within one month when its appointee resigns or is removed. (e) Applicability of Conflict of Interest and Code of Ethics Ordinance. The Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the "Conflict of Interest Ordinance"), Section of the Code of Miami-Dade County, Florida, shall be applicable to the members of the Board. It is declared to be the intent of the Commission, as expressed in this subsection, to provide that the Conflict of Interest Ordinance shall not operate to preclude individuals from serving as Board members on the basis of interests relating to Miami-Dade County when such interests do not conflict with the Board. (f) Organization and Procedure. The Chairperson of the Board shall be the Military Liaison of the County Commission selected by the Chairperson of the County Commission. The Board shall elect one (1) of its members as vice-chairperson and such other officers as the Board may determine to be necessary. The Board shall create by-laws and shall hold regular meetings in accordance with those by-laws. The Board may hold such other meetings as it deems necessary. A majority of the members of the Board shall constitute a quorum. All meetings of the Board shall be public and the Board shall maintain written minutes of all proceedings that shall be promptly prepared and recorded. Copies of all minutes and resolutions of the Board shall be forwarded to the Clerk of the Board of County Commissioners no later than thirty (30) days subsequent to any meeting of the Board. (Ord. No , 1, ; Ord. No , 1, ) Sec Financial Support for the Board. Subject to Miami-Dade County's budgetary process and the availability of funds, the Mayor shall include in die County's annual budget, administrative costs and additional funds for the implementation of the Board's powers and duties. There is hereby created the Military Affairs Trust Fund for the public purposes provided for in this Ordinance. The Finance Director is hereby authorized and directed to establish the Military Affairs Trust Fund and disburse monies in accordance with the provisions of this Ordinance. (Ord. No , 1, ; Ord. No , 1, ) Sec Staff Support and Counsel. The Mayor shall provide the Board with adequate staff to perform its powers and duties. The Board shall utilize the County Attorney's Office for legal services. The Clerk of the Board of County Commissioners shall take and keep the minutes of the Military Affairs Board. (Ord. No , 1, ; Ord. No , 1, ) ARTICLE CXLI. SCRAP METAL AND COPPER WIRE THEFT TASK FORCE Sec Created. There is hereby created the Miami-Dade County Task Force on Scrap Metal and Copper Wire Theft ("Task Force"). (Ord. No , 1, ) Sec Membership; Appointments; Vacancies; and Qualifications. The Task Force shall be comprised of twentysix (26) members from the following categories of representatives: (1) One (1) member of the Miami-Dade County Board of County Commissioners appointed by the Chair;

124 MIAMI-DADE COUNTY CODE (2) One (1) selected by each of the following municipalities: (a) (b) (c) (d) (e) (f) (g) City of Miami, City of Hialeah, City of Miami Gardens, City of North Miami, City of Miami Beach, City of Medley, and City of Homestead; (3) One (1) selected by the League of Cities; (4) One (1) from the Miami-Dade Office of the State Attorney selected by the Miami- Dade Office of the State Attorney; (5) One (1) selected by the Miami-Dade County Inspector General's Office; (6) One (1) from Florida Power & Light selected by Florida Power & Light; (7) One (1) from the Miami-Dade Schools Police Department selected by the Miami- Dade Schools Police Department; and (8) One (1) representative from each of the following County departments appointed by the Mayor or the Mayor's designee: (a) (b) Miami-Dade County Police Department, and Miami-Dade County Public Works Department. (9) The following representatives shall be appointed by majority vote of the Board of County Commissioners: (a) (b) Six (6) representatives from the scrap metals industry each possessing at least five (5) years experience in the scrap metals industry; and Five (5) representatives from the community with an understanding of the impact of copper wire and scrap metal theft on neighborhoods. (10) Vacancies. Vacancies shall be filled in the same manner by which the original members were appointed. (11) Qualifications of Members. Each member of the Task Force shall be a permanent resident and duly qualified elector of Miami-Dade County, unless the Board of County Commissioners waives this requirement by a two-thirds ( 2 /3) vote of its membership. No applicant shall be selected for the Task Force if he or she has ever had in any jurisdiction any prior charge, indictment, citation, prosecution, plea of guilty or nolo contendere of a felony, misdemeanor, or ordinance violation, for larceny, theft, possession of or dealing in stolen goods or any crime related to scrap metal processors or junk dealers, regardless of whether adjudication was withheld. The members of the Task Force shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the discharge of their duties. (Ord. No , 2, ; Ord. No , 1, ) Sec Organization. (1) The Task Force may establish, adopt, and amend bylaws, rules, and regulations for its own governance. (2) A chairperson and a vice chairperson shall be selected by the Task Force at its first meeting. The chairperson and vice chairperson shall serve at the will of the Task Force. (3) The chairperson shall preside at all meetings at which he or she is present. The vice chairperson shall act as chairperson in the absence or inability of the chairperson. (4) In order to transact any business or to exercise any power vested in the Task Force, a quorum consisting of a majority of those persons duly appointed to the Task Force shall be present, provided that at least one-half ( 1 /2) of the full Task Force membership has been appointed. (5) The Task Force may appoint committees to accomplish its tasks. Members of a committee may consist of members of the Task Force and/or other persons with specialized knowledge that would benefit the committee

125 ADMINISTRATION (6) The Mayor or the Mayor's designee shall supply such support staff to the Task Force as may be necessary to fulfill its purpose. The staff shall maintain and keep the records of the Task Force; prepare in cooperation with the chairperson, the agenda for each meeting; be responsible for the preparation of such reports, minutes, documents, or correspondence as the Task Force may direct; and generally administer the business and affairs of the Task Force, subject to budgetary limitations. any financial obligations or to create any liability, contractual or otherwise, on behalf of Miami-Dade County or any of its agencies or instrumentalities. (Ord. No , 5, ) Sec Reports. The Task Force shall submit its first written recommendations to the Board of County Commissioners no later than 180 days from the effec- (7) The County Attorney's Office shall provide legal counsel, as needed, to the Task Force. (Ord. No , 3, ) Sec Meetings. The Task Force shall meet no less than every 90 days. Additional meetings may be held at the discretion of the Task Force. (Ord. No , 4, ) Sec Powers and duties. The purpose of the Task Force is to provide non-binding written recommendations to the Board of County Commissioners on: (1) Enforcement of ordinances regulating junk dealers and scrap metal processors, including Sections 8A-203, 8A-237, and 8A-9 through 8A-9.6 of the Code of Miami- Dade County, Florida; (2) Proposed amendments to ordinances regulating junk dealers and scrap metal processors; (3) Methods of educating local businesses and the community on the effect of ordinances regulating junk dealers and scrap metal processors; and (4) Methods of preventing the illegal sale of regulated metals and restricted regulated metals as defined in Sections 8A-9.1 and 8A-9.4 of the Code of Miami- Dade County, Florida. (5) The Task Force is advisory only and shall not have the power or authority to commit Miami-Dade County or any of its agencies or instrumentalities to any policies, incur

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127 BUSINESS REGULATIONS 8A-7 load tests enacted pursuant to Ordinance 93-14, as amended, and impact tests enacted pursuant to Ordinance Number , as amended. (b) Any and all establishments where shutters are sold or offered for sale at retail shall publicly and continuously display and maintain on the premises of such establishment, within one hundred (100) feet of the area where the shutters are being sold or offered for sale at retail, a clear and legible sign stating: CERTAIN LAWS HAVE BEEN ENACTED SUB- JECTING SHUTTERS TO IMPACT AND WIND LOAD REQUIREMENTS. THESE LAWS BE- COME EFFECTIVE ON SEPTEMBER 1, SOME OR ALL OF THE SHUTTERS OF- FERED FOR SALE AND WHICH YOU MAY BE PURCHASING MAY NOT SATISFY THOSE REQUIREMENTS. THE INSTALLATION OF SHUTTERS REQUIRES A PERMIT FROM YOUR BUILDING DEPARTMENT. IF YOU HAVE ANY QUESTIONS CONTACT YOUR BUILDING DEPARTMENT. SE HAN PROMULGADO CIERTAS LEYES SOMETIENDO A LAS CONTRAVENTANAS (SHUTTERS) A REQUERIMIENTOS DE IMPACTO Y DE VELOCIDAD DE VIENTO QUE ENTRARAN EN VIGOR EL PRIMERO DE SEPTIEMBRE DE ES POSIBLE QUE ALGUNAS O TODAS LAS CONTRAVENTANAS QUE ESTEN A LA VENTA Y QUE USTED DESEE COMPRAR NO SATISFAGAN ESTOS REQUERIMIENTOS. LA INSTALACION DE CONTRAVENTANAS REQUIERE UN PERMISO DE SU DEPARTAMENTO DE CONSTRUCCION. SI TIENE ALGUNA PREGUNTA, POR FAVOR COMUNIQUESE CON SU DEPARTAMENTO DE CONSTRUC- CION. GEN SETEN LWA KI PASE KI MANDE KE YO TESTE TOUT PARAVAN KONT CHOK AK KONT GWO FOS VAN. LWA SA-YO AP EFEKTIV A PATI LER SEPTAM GEN SETEN PARAVAN OUSNON TOUT PARAVAN KI DISPONIB SOU MACHE-A KE OU TA VLE ACHETE KAPAB PA REPONN A EKZIJANS LWA-SA YO. TOUT INSTALAYSON PARAVAN EKZIJE YOUN PEMI DEPATMAN KI OKIPE AFE KONSTRIKSYON. SI OU GEN YOUN KESYON SOU ZAFE-SA-A, KONTAKTE BIWO DEPATMAN-AN KI NAN ZON LAKAY-OU. (c) Any proposed contract for the retail sale of a shutter shall contain or be accompanied by a disclosure document which contains the disclosure language set forth in subsection (b) above. (d) Shutters which have not met the impact and wind load tests shall be separately identified as not having satisfied those tests by a sign displayed prominently and continuously within one hundred (100) feet of the area where being sold and offered for sale at retail. Such sign shall also identify which products offered for sale, if any, have satisfied the impact and wind load tests. Any product sold which satisfies the impact and wind load tests shall be accompanied by a copy of the letter of acceptance from the Office of Building Code Compliance certifying the product's compliance. (e) The County Manager or his designee may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this section. The court may award to Miami-Dade County reasonable costs for investigation, enforcement, and attorneys' fees in any civil action authorized herein. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec. 8A-7. Prohibition of solicitation of motor vehicle repair work near State of Florida motor vehicle inspection stations. (a) It shall be unlawful for any person to offer to perform or solicit motor vehicle repair work as defined in Section 8A-161.1(ee) of this Code if said solicitation or offer occurs within one thousand (1,000) yards of any State of Florida Motor Vehicle Inspection Station located anywhere in Miami- Dade County, Florida, measured by following a straight line from the nearest point of the State of Florida Motor Vehicle Inspection Station property, on any public road or public right-of-way as defined by F.S (22) and (23), as same may be amended from time to time. This provision shall not apply to any business possessing a current occupational license

128 8A-7 MIAMI-DADE COUNTY CODE (b) If any person violates any of the provisions of this section, such person, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court. Each day of continued violation shall be considered as a separate offense. (Ord. No , 1, ) Sec. 8A-8. Title. Sections 8A-8 8A-8.4 shall be known and may be cited as the "Merchandising of Tobacco Products Including Flavored Tobacco Products Ordinance." (Ord. No , 1, ; Ord. No , 1, ) Sec. 8A-8.1. Intent. Sections 8A-8 8A-8.4 is intended to prevent the sale to and possession of tobacco products including flavored tobacco products of all types, including, but not limited to, flavored tobacco products that resemble candy, such as pellets, film strips and twisted sticks, by persons under the age of 18 by regulating the placement of such products. Sections 8A-8 8A-8.4 shall not be interpreted or construed to prohibit the sale or delivery of tobacco products including flavored tobacco products, which are otherwise lawful or regulated pursuant to Chapter 569, Florida Statutes. (Ord. No , 1, ; Ord. No , 1, ) Sec. 8A-8.2. Definitions. For the purpose of Sections 8A-8 8A-8.4, the following definitions shall apply: (a) (b) Business means any sole proprietorship, joint venture, corporation or other business formed for profit making or nonprofit purposes in both the incorporated and unincorporated areas of Miami-Dade County, including retail establishments where goods or services are sold. Characterizing flavor means a distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint or (c) (d) (e) (f) (g) wintergreen, imparted either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Component part means any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent. Constituent means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of the tobacco product. Such term shall include a smoke constituent. Flavored tobacco product means any tobacco product or any component part thereof that contains a constituent that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity. Self-service merchandising means the open display of tobacco products to which the public has access without the intervention of the vendors, store owner, or other store employee

129 BUSINESS REGULATIONS 8A-9 (h) (i) (j) Smoke constituent means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. Tobacco products means any substance which contains tobacco, including, but not limited to, cigars, chewing tobacco, pellets, film strips, twisted sticks, other forms designed to look like candy, loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. Tobacco retailer means any person or business that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. (k) Vendor-assisted means the customer has no access to tobacco produces without the assistance of the vendor, store owner, or other store employee. (Ord. No , 1, ; Ord. No , 1, ) with the enforcement of the provisions of Sections 8A-8 8A-8.4 being the responsibility of Miami- Dade County, including the Miami-Dade Police Department and the Regulatory and Economic Resources Department or their successor departments, in the unincorporated area and being the responsibility of the respective municipalities in the incorporated area. In addition to any other penalties provided by law, a violation of any provision of Sections 8A-8 8A-8.4 shall constitute a civil offense punishable by the applicable civil penalty provided in the schedule of civil penalties pursuant to Chapter 8CC of the Code and the remedies contained in Article III of Chapter 8A of the Code. (Ord. No , 1, ; Ord. No , 1, ) ARTICLE IA. JUNK DEALERS AND SCRAP METAL PROCESSORS Sec. 8A-9. Short Title; Purpose. (1) Sections 8A-9 8A-9.6 shall be known and may be cited as the "Junk Dealers and Scrap Metal Processors Ordinance". Sec. 8A-8.3. Self-service merchandising prohibited. No person, business, tobacco retailer, or other establishment subject to Sections 8A-8 8A-8.4 shall sell, permit to be sold, offer for sale, or display for sale any tobacco products or any flavored tobacco product by means of self-service merchandising or any other means other than vendor-assisted sales unless access to the premises by persons under the age of eighteen (18) is prohibited by the person, business, tobacco retailer, or other establishment or prohibited by law. (Ord. No , 1, ; Ord. No , 1, ) Sec. 8A-8.4. Application and enforcement. This section shall be applicable in incorporated and unincorporated areas of Miami-Dade County,

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131 CODE ENFORCEMENT 8CC-10 Code Section Description of Violation Civil Penalty 8A-4(a) 8A-4(b) 8A-4(c) Failure to display or maintain proper motor vehicle fuel price sign Failure to display or maintain motor vehicle fuel price sign conforming to listed requirements Failure to display proper supplemental motor vehicle fuel price sign A-5 Price gouging during declared state of emergency A-6(a), (b) and (c) Disclosure requirements for retail shutter sales A-7 Soliciting motor vehicle repair work within one thousand (1,000) yards of Florida Motor Vehicle Inspection Station on public road or public right-of-way 8A-8.3 Self-service merchandising of tobacco products including flavored tobacco products 5, A-75 Violation of fair packaging act A-76(a) 8A-76(b) & (c) 8A-76.1(B) 8A-82.1 Failure of retail establishment to display identification on shopping carts Failure of retail establishment to post warning notices on carts or at entrances or exits Failure of a retail establishment to retrieve shopping cart from Department of Solid Waste Management, per shopping cart Violation of any term or condition of a written assurance of compliance 8A-85 Selling, keeping, offering or exposing for sale, or disposing of any commodity ordered off sale, marked, or tagged as provided 8A-86 Violation of the terms of a stop-use, stop-removal, or removal order 8A-90 Failure to correct or dispose of rejected weights and measures A-93 Selling commodities by improper unit of measure A-94 Improper packaging of commodities A-95 Failure to include unit price on package A-96 Misleading packaging A-97 Improper advertising of packaged commodities

132 8CC-10 MIAMI-DADE COUNTY CODE Code Section Description of Violation Civil Penalty 8A-98 Nonconformance with packaging and labeling regulations promulgated by the Director 8A A-98.2 Failure to properly label perishable food packages with proper terminal shelf life date Improper packaging of specified meats, poultry, fish or seafood 8A-99 Failure to use "net weight" when selling a commodity by weight 8A-100 Failure to sell specified meats, meat products, poultry or seafood by weight A-101 Improper sale of bread A-102 Improper sale of butter or margarine A-103 Improper sale of fluid dairy products A-104 Improper packaging of flours, corn meal or hominy grits A-105 Failure to provide duplicate delivery ticket when delivering bulk deliveries of commodities sold in terms of weight A-106 Improper sale or delivery of furnace or stove oil A-107 Improper sale of berries or small fruits A-108(a) 8A-108(b) Making or disseminating untrue or misleading advertisements Misleading or deceiving public through use of variations in size of marking in advertisements, price tags, etc A-108(c) Failure to properly define "wholesale" in advertisements A-108(d) Improper advertising as provided A-109 Improper advertisement of meats A-110(a) Failure to properly advertise the complete purchase price A-110(b) Untrue or misleading representation of character A-110(c) Illegal use of words "Public Notice," "Public Sale," etc A-110(d) Failure to properly display contingency, condition or limitation on an offer A Discrimination in Tipping 1, A Failure to Properly Post Required Notice A-111 Misrepresentation of price A Obstruction of price screen

133 CODE ENFORCEMENT 8CC-10 Code Section Description of Violation Civil Penalty 8A-112 Failure to provide for or allow proper checkweighing of prepackaged commodities

134

135 CODE ENFORCEMENT 8CC-10 Code Section Description of Violation Civil Penalty Failure to conduct a business from within a completely enclosed building Illegal storage of materials or products or illegal storage of materials above the height of a wall or fence Failure to maintain the wall required to separate business from residential property (b)(2) Failure to comply with the condition of a resolution All other Chapter 33 violations (Ord. No , 1(10), ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No. 89-8, 1, ; Ord. No , 9, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No. 90-6, 1, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 3A, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 8, ; Ord. No , 26, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 12, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 10, ; Ord. No , 4, ; Ord. No , 3, ; Ord. No , 12, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 6, ; Ord. No , 2, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 8, ; Ord. No , 3, ; Ord. No , 3, ; Ord. No , 5, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3(Att. B), ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 3, ; Ord. No , ; Ord. No. 1311

136 8CC-10 MIAMI-DADE COUNTY CODE , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 3, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 7, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 8, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No. 02-4, 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 24, ; Ord. No , 2, ; Ord. No , 18, ; Ord. No , 2, ; Ord. No , 2, ; , 8, ; , 3, ; , 2, ; Ord. No , 8, ; Ord. No , 9, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 6, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 9, ; Ord. No , 22, ; Ord. No , 5, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 5, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 3, ; Ord. No , 4, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 8, ; Ord. No , 7, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ) Sec. 8CC Code Enforcement Technology Trust Fund. Ten (10) dollars shall be added to each civil penalty to be placed in a trust fund by the Clerk of Courts to be used for the enhancement of the technological capability of all code enforcement departments. The Clerk of Courts and the County Manager shall jointly appoint a committee of five (5) people to determine the priority for use of the fund. (Ord. No , 7, ) Sec. 8CC-11. Enforcement procedure for municipalities. (a) Municipalities within Miami-Dade County shall be entitled to enforce the applicable provisions of this chapter within their municipal boundaries subject to compliance with the provisions of this section. (b) As a condition to enforcing the applicable provisions of this chapter, a municipality shall enter into an interlocal agreement with Miami- Dade County. The interlocal agreement shall contain, at a minimum, the following: (1) The section or sections of this Code which the municipality wishes to enforce through this chapter; (2) The job title of the agents or employees of the municipality authorized to perform the enforcement functions and the number of agents or employees so authorized; (3) The amount reimbursable to Miami-Dade County for administrative costs relating to the conduct of hearings on appeals from violations issued by the municipality, including but not limited to attorneys' fees and costs, costs of transcription and clerical costs; 1312

137 Chapter 10 CONTRACTORS Art. I. In General, Art. II. Bidding on Public Projects,

138

139 CONTRACTORS 10-1 ARTICLE I. IN GENERAL* Sec Definitions. In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the definitions provided in Section 1.01, Florida Statutes, as presently written and as may hereafter be amended, and the following additional definitions shall apply: (A) Administrative agency. "Administrative agency" shall be the Department of Public Works and Waste Management with responsibility for issuing permits for work in, on, under or over public streets, thoroughfares, waterways and utility easements, and shall be the Department of Regulatory and Economic Resources for work on private property or on public property, waterways and utility easements, except where the duty and authority to issue permits is otherwise specifically assigned to another administrative agency by ordinance, resolution or by administrative directive of the County Manager, or in the case of municipalities, by whatever municipal agency may be designated by such municipality. (B) Board. "Board" refers to the Construction Trades Qualifying Board. (C) Building. "Building" relates to the erection, moving or demolition of structures used for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and related structures. It includes the work required to construct, alter, repair, add to, subtract from, improve, move or demolish any building or other structure or part thereof; to excavate in connection therewith or incorporate labor or material therein. The scope of work of one (1) engaged in the trade of building shall be limited to the classification of the various building contractors contained in this chapter. (D) Contractor. "Contractor" is any person, firm, joint venture or corporation that engages in the business under express or implied contract, in *Editor s note Ord. No , 1, adopted April 4, 1978, designated of Ch. 10 as Art. I of said chapter. State law reference Contractors, F.S. ch any of the trades, or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself, or by or through others, engage in the business of doing a trade, or a Miami-Dade County or Municipal Department qualified by the holder of an Authorized Employee Certificate of Competency or other qualifying agent. An owner-builder or a person who only furnishes material, supplies or equipment without fabricating them into or consuming them in performance of the work of a contractor, or any person who engages in the activities herein regulated as an employee with wages as his sole compensation shall not be considered as contractor. (E) Disciplinary action panel. "Disciplinary action panel" shall mean a panel of at least three (3) board members from one (1) or both divisions who are appointed to serve by the Chairman of the Board for the sole purpose of conducting disciplinary hearings. (F) Division. "Division" refers to the two (2) working divisions, Division A and Division B, into which the Construction Trades Qualifying Board is divided for purposes of conducting disciplinary hearings except as otherwise provided for herein and reviewing all contractor and tradesmen applications. (G) Engage in business. "Engage in business" shall mean doing a trade for any owner or any tenant of land, water, or of a building, or any part thereof, or for any person, firm or corporation in possession of or in charge of the same or any part thereof, or entering into a contract with such owner, tenant, person, firm or corporation for the doing of a trade. (H) Engineering. "Engineering" relates to the work of doing, constructing or installing harbors, docks, bulkheads, retaining and property line walls, levees, bridges, tunnels, streets, roads, curbs, gutters, overpasses, underpasses, paving sidewalks, drainage facilities, including the collection and disposal of rainwater through use of pipes, soakage pits, dry wells, catch basins and water control curbs, pumping and lift stations and similar work in connection with water power, water supply, and water control; pile driving; filling; excavating; grading; sewage collection and 1467

140 10-1 MIAMI-DADE COUNTY CODE disposal systems; underground utility systems and railroads. The scope of work shall be limited by the classification of the various engineering contractors contained herein. (I) Firm. "Firm" shall include a sole proprietorship, partnership, joint venture, associations, a Miami-Dade County or Municipal Department or any other type of business organization or corporation. (J) Joint venture. "Joint venture" shall mean an association of persons, firms and/or corporations who jointly undertake one (1) or more business transactions for their mutual profit. (K) Principal Stockholder. "Principal Stockholder" shall mean a person who owns 25% or more of a company's outstanding voting shares. (L) Probable cause panel. "Probable cause panel" shall mean a panel of at least two (2) board members from the same division who are appointed to serve by the chairman of that division. (M) Qualifying agent. "Qualifying agent" means any person who has made application, been examined, and approved to qualify a contractor, or holders of an Authorized Employee Certificate of Competency who are approved to qualify a Miami- Dade County or Municipal Department. He may qualify himself, another individual, a firm, joint venture, or a corporation as a contractor, and in addition to other responsibilities, shall perform all supervision for the contractor. (N) Sub-contractor. "Sub-contractor" is any person, firm, joint venture or corporation that contracts with a contractor verbally or in writing, to perform part of or all of the latter's work. (O) Trade. "Trade" shall include, but shall not be limited to, construction, repair, removal of buildings, plumbing work, electrical work, mechanical work, engineering construction work, and equipment rental including the supply of equipment operators or supervision of equipment operators in the performance of their work. (P) Transporting Assemblies. "Transporting Assemblies" shall mean any permanent or semipermanent device, manually or power-operated, other than elevators, dumbwaiters or escalators used for transporting material or persons in any horizontal, inclined or vertical direction and such assemblies shall include but shall not be confined to the following: (1) Amusement devices used to convey persons as a form of amusement. (2) Inclined devices, with or without seats, but not considered as escalators. (3) Man hoists, stage and orchestra lifts, tiering and piling machines, skip hoists and wharf ramps. (4) Belt, bucket, scoop, roller or similarly inclined or vertical freight conveyors. (5) Hoists which are used for handling material during construction of buildings and structures. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 1, ) Sec Certificate of competency and license required, classification and scope of work. I. IN GENERAL Before any person, firm, or corporation may work at a trade, engage in business, or contract for work as a contractor or tradesman in one (1) or more of the classifications as set forth herein, or into such other classifications as may be from time to time established as provided in Section 10-9, be shall first be classified and certified as provided herein, a certificate of competency be approved and issued and a license, where required, be applied for and issued. II. SCOPE OF WORK The scope of work for each person, partnership, firm or corporation holding a certificate of competency shall be limited to work as described in the classification for which a certificate of competency is held, and the standards established, including examination, for the obtaining of any particular certificate of competency shall cover the entire scope of the work involved in the particular classification concerned. The possessing of a current 1468

141 CONTRACTORS 10-2 valid certificate of competency and a current occupational license pursuant thereto as a contractor or sub-contractor in any classification shall include the right to contract and to obtain permits for all work included in the scope of the work described in the classification and such contractor or sub-contractor shall be issued permits for such work by the administrative agency concerned. Nothing herein shall be construed to prohibit the work included under one (1) classification from also being included under another classification, if so set forth hereinafter in the scope of the work of the classification concerned and whether on private or public property, shall have no bearing unless specified otherwise. III. BUILDING CONTRACTOR The scope of work of a building contractor shall be as defined in the various building contractor classifications listed herein: (A) (B) (C) General building contractor is a building contractor qualified and certified on or before the effective date of this ordinance. Such license holders will be issued a general contractor's license and additional certificates authorized by the scope of the general building contractor license. No further certificates shall be issued for the general building contractor category after the effective date of this ordinance. Sub-general building contractor is a building contractor qualified and certified on or before the effective date of this ordinance. Such license holders will be issued a building contractor's license and additional certificates authorized by the scope of the sub-general building contractor license. No further certificates shall be issued for the sub-general building contractor category after the effective date of this ordinance. Sub-building contractor is a building contractor qualified and certified on or before the effective date of this ordinance. Such license holders will be issued a residential contractor's license and additional certificates authorized by the scope of the subbuilding contractor license. No further (D) (E) certificates shall be issued for the subbuilding contractor category after the effective date of this ordinance. General contractor is a contractor whose services are unlimited as to the type of work, height, area or complexity of construction, and has a qualifying agent with the experience, knowledge and skill gained by not less than four (4) years' experience for a State of Florida certified or registered general contractor with at least one (1) year as either a superintendent or foreman or four (4) years' experience as a State of Florida certified or registered building contractor or sub-general contractor or has an accredited college-level education in a construction-related field equivalent thereto, or any combination thereof, with at least one year of proven experience as a superintendent or foreman and who has satisfactorily passed a general contractors' examination. A general contractor may do, contract for, and take out permits for the work of any specialty building contractor subject to the limitations contained herein. Building contractor is a contractor whose services are limited to construction of commercial buildings and single dwelling or multiple dwelling residential buildings, which commercial or residential buildings do not exceed three (3) stories in height, and accessory use structures in connection therewith, or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building and has a qualifying agent with the experience, knowledge and skill gained by not less than four (4) years' experience for a State of Florida certified or registered general, general building, building or sub-general contractor with at least one (1) year as either a superintendent or foreman or has an accredited college-level education in a construction related field equivalent thereto, or any combination thereof, with at least one year of proven experience as a superinten- 1469

142 10-2 MIAMI-DADE COUNTY CODE (F) (G) dent or foreman and who has satisfactorily passed a building contractors' examination. A building contractor may construct, contract for, and take out permits for the work of any specialty building contractor subject to the limitations contained herein. Residential contractor is a contractor whose services are limited to construction, remodeling, repair, or improvement of onefamily, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith and has a qualifying agent with the experience, knowledge and skill gained by not less than four (4) years' experience for a State of Florida certified or registered general, general building, building, sub-general, residential or subbuilding contractor with at least one (1) year as either a superintendent or foreman or has an accredited college-level education in a construction-related field equivalent thereto, or any combination thereof, with at least one year of proven experience as a superintendent or foreman and who has satisfactorily passed a residential contractors' examination. A residential building contractor may do, contract for, and take out permits for the work of any specialty contractor subject to the limitations contained herein. A general, building, or residential contractor shall subcontract all electrical, mechanical, plumbing, liquefied petroleum gas, roofing, sheet metal, swimming pool, and air-conditioning work, including specialties and categories thereunder, unless such contractor holds a state certificate or registration in the respective trade category; however: (1) A general, building, or residential contractor, except as otherwise provided in this chapter, shall be responsible for any construction or alteration of a structural component of a building or structure, and any general contractor may perform clearing and grubbing, grading, excavation, (H) and other site work for any construction project. Any building contractor or residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. (2) A general contractor shall not be required to subcontract structural swimming pool work. All other swimming pool work shall be subcontracted to an appropriately licensed swimming pool contractor. (3) A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on a new building of his or her own construction. (4) A general contractor, on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm collection system, and the water distribution system, not including the continuation of utility lines from the mains to the buildings. (5) A general contractor shall not be required to subcontract the continuation of utility lines from the mains in mobile home parks, and such continuations are to be considered a part of the main sewer collection and main water distribution systems. Specialty building contractor is a building contractor who specializes in one (1) or more of the following building crafts and whose scope of work is so limited under the certificate of competency held, and whose principal contracting business is the execution of contracts, usually subcontracts, in such a manner as to comply with 1470

143 CONTRACTORS 10-2 all plans, specifications, codes, laws and regulations applicable, and has satisfactorily passed an examination for the specialty concerned, and who has the financial means and has a qualifying agent with the experience, knowledge and skill as evidenced by three (3) years' experience as a mechanic, or supervisory or managerial experience or education equivalent thereto, or any combination thereof, in the particular building specialty concerned, except as such three (3) year period may be modified in the particular categories listed hereinafter. Such contractor shall subcontract with a qualified contractor any work which is incidental to the work of the specialty but which is specified herein as being the work of other than that of the building specialty for which certified. The following are the various crafts of specialty building contractors. (1) A reinforcing steel placing contractor is a contractor qualified and certified to fabricate, place, tie and weld steel reinforcing bars (rods) that are or may be used to reinforce concrete buildings or structures. (2) A concrete forming and placing contractor is a contractor qualified and certified to proportion, batch and mix aggregates, cement and water to agreed specifications; to construct forms and framework for the casting and shaping of concrete, including, but not limited to, columns, beams, decks and window frames; to place and erect reinforcing steel and miscellaneous embedded steel; and to pour, place and finish concrete, including terrazzo. (3) A structural steel erection contractor is a contractor qualified and certified to erect structural steel shapes and plates including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, including steel joists, steel decking and siding, and communication towers, and including riveting, welding and rigging only in connection therewith. The experience requirement for the qualifying agent for the structural steel erection contractor shall be five (5) years. (4) A metal decking and siding contractor is a contractor qualified and certified to erect metal decking and siding or other material incidental thereto that may be used for enclosing buildings or other structures including welding, bolting or other attachments in connection therewith and including such minor field fabrication as may be necessary and also the installation of industrial doors and windows in connection therewith. (5) A communications tower contractor is a contractor qualified and certified to fabricate and erect steel communications towers and do the welding, bolting and riveting in connection therewith. (6) A unit masonry, marble and exterior veneer contractor is a contractor qualified and certified to select, cut and lay brick and concrete block or any other unit masonry products, or clay products, rough cut and dress stone, artificial stone and precast blocks, structural glass brick or block, decor block and veneer, laid at random or in course, with or without mortar, or to do any part, or any combination thereof and shall include the application of tile to floors and exterior wall surfaces; provided, however, that the scope of work shall not include the pouring, placing or finishing of cast-in-place concrete except for masonry or precast concrete fences. (7) A prestressed precast concrete erection contractor is a contractor qualified and certified to erect structural precast concrete units such as decks, 1471

144 10-2 MIAMI-DADE COUNTY CODE beams, girders, walls, columns and stairs that are or may be used as structural members for buildings and structures, including welding and rigging in connection therewith and to erect precast concrete units for guard rails and decorative panels above the ground floor, including such minor field fabrication as may be necessary. (7.1) A miscellaneous metals contractor is a contractor qualified and certified to fabricate, apply, erect and install miscellaneous appurtenances, appendages, parts or equipment of metal, including other materials incidental thereto, in or on buildings or other structures and shall also include all work involving: metal awnings and storm shutters, canvas awnings, metal cabinets and store fixtures, screen enclosures and all work incidental thereto, metal partitions, flagpoles, ornamental metals including structural railings, and metal sunshades. The work of a miscellaneous metals contractor shall not include the work of a metal decking and siding contractor, reinforcing steel placing contractor, or structural steel contractor. (Ord. No , 1, ) Editor's note Ord. No , 1, amended 10-2 by adding provisions designated as III(D)(7). The editors redesignated such provisions as III(D)(7.1) inasmuch as 10 already contained an item (7). (8) A roof deck contractor is a contractor qualified and certified to erect, construct, fabricate and install roof decks of Portland cement or gypsum concrete, using lightweight aggregate, on joists or other supporting members erected by others, and shall include the placing of forms and welding of supporting members for forms and miscellaneous reinforcing of the deck and the proportioning, mixing and placing of cement, aggregate and water, provided, however, that roof decks of wood, metal, heavy aggregate concrete, glass or plastic and the application of roofing felts or other water resistant membranes shall not be a part of the scope of such work. The experience requirement for the qualifying agent for a roof deck contractor shall be one (1) year. (9) A roofing contractor is a contractor qualified and certified to install, repair and replace roof systems, as defined in the Florida Building Code, and the waterproofing thereof. Work may include, but shall not be limited to, roof deck insulation, roof coating, painting and covering, including use of sheet metal and installation of other sheet metal products incidental to roofing work, including gutters and downspouts, and other material in connection therewith or any combination thereof and including installation of nonstructural decking and siding. During the repair or replacement process of a roof system, a roofing contractor shall be allowed to repair and/or replace damaged decking and/or damaged wood structural or nonstructural members of the roof framing, provided that such replacement and/or repair conforms to the requirements of the Florida Building Code and the repair or replacement of damaged decking and wood structural or nonstructural members of the roof framing constitutes less than fifty (50) percent of the value of the total work performed. (10) A glass and glazing contractor is a contractor qualified and certified to fabricate, install and attach windows of any type, fixed or movable, and swinging or sliding glass doors to building walls or columns erected by others including installation of glass-holding or supporting mullions or horizontal bars which in turn are attached to building walls or col- 1472

145 CONTRACTORS 10-2 umns erected by others, including the cutting and installation of glass, and shall also include metal accessories and prefabricated glass, metal or plastic curtain walls or panels. The scope of work shall include the caulking incidental to all such work and shall include the fabrication and installation of garage and industrial doors and shower and tub enclosure doors and metal facias, store front awnings or canopies. (11) A lathing and plastering contractor is a contractor qualified and certified to apply and affix wood, gypsum or metal lath or any other product prepared or manufactured, including the placing of metal studs and runners to which lath is to be applied, to provide key or suction bases for the support of plaster coatings, to provide hangers, channels and other mechanical suspension work for the support of lath or acoustical tile or other prefabricated ceiling materials, including the channel iron work for the support of metal or other fire resistive lath on walls, ceilings or soffits, or for solid plaster partitions; and to coat surfaces with a mixture of sand or other aggregate, gypsum, plaster, Portland cement or quick lime and water or any combination of such materials as to create a permanent surface coating and which coatings are usually applied with a plasterer's trowel or by pneumatic pressure on any surface which offers a mechanical key for the support of such coatings or to which the coating will adhere by suction. The scope of work shall not include the erection of wood stud or masonry walls. Such contractor may perform the work of a drywall contractor. (12) A drywall contractor is a contractor qualified and certified to install gypsum drywall products to studs, joists and suspended ceiling channels and to fabricate and install accessories and all necessary trim in connection therewith including metal and wood studs, runners, hangers, channels, drywall metal suspension accessories and prefabricated ceiling materials, provided that any plaster work or trowelled material, application of block or wood partitions shall not be a part of the scope of such work. The experience requirement for the qualifying agent for a drywall contractor shall be one (1) year and six (6) months. (13) A pneumatic concreting and pressure grouting contractor is a contractor qualified and certified to proportion and apply concrete to surfaces by pneumatic methods, chip loose concrete, sandblast and clean reinforcing, batch and proportion cement, sand and water, to erect forms and framework to which concrete is to be applied pneumatically and place miscellaneous reinforcing for repair of concrete and to proportion and place cement and intergrout by pneumatic pumping methods that under an agreed specifications subsurface load bearing capacities can be stabilized or previously settled structures raised or restored to plumb, grade or alignment. (14) A nonelectric sign contractor is a contractor qualified and certified to paint or otherwise apply or erect any outside display of characters, letters, illustrations or ornamentations which do not include the incorporation of any electrical work in their manufacture, fabrication or erection. The work of a nonelectric sign contractor shall include the installation of panels, facing, frame, structure, movable or fixed, free standing or attached to a building or other structure which is to be used for sign purposes and which do not include any electrical work in their manufacture, fabrication or erection. 1473

146 10-2 MIAMI-DADE COUNTY CODE (15) A swimming pool contractor is a contractor whose scope of work involves two (2) or more building trades or crafts and is qualified and certified to excavate, construct, fabricate, install and equip swimming pools and such contractor shall subcontract to a qualified contractor, in the field concerned, all other work set forth in this chapter as being the exclusive work of a plumbing, electrical, mechanical or liquefied petroleum gas contractor. (16) A demolition contractor is a contractor qualified and certified to demolish, wreck or disassemble buildings or other structures or parts thereof and remove the debris therefrom in such a manner that adjoining structures and properties and parts thereof and workmen and other persons may be kept safe. (17) A concrete slab sawing and core drilling contractor is a contractor qualified and certified to cut and/or core concrete, asphalt or any masonry combination thereof. Where cutting or coring is done on any structural member of any building or structure, it shall be under the direct supervision of the general or prime contractor and professional engineer who is responsible for that building or structure. All cutting or coring is to be approved by and coordinated between the general or prime contractor and the specialty or subcontractor as to the layout of the work to be performed. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical work in this field and who has passed a designated examination. (18) A fence contractor is a contractor qualified and certified to fabricate, assemble, erect and install fences of masonry, wire, concrete, wood and other fence materials, in such manner that an acceptable fence can be erected complying with applicable regulations including zoning regulations. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical working this field and who has passed a designated examination. (19) A metal awning and storm shutter contractor is qualified and certified to fabricate, erect and install awnings or canopies of metal including other materials, incidental thereto, in or on buildings or other structures, and which may be, in whole or part, supported from a building wall erected and provided by others, or may be self-supporting, and including footings or slabs on grade in connection therewith. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical work in this field and who has passed a designated examination. (20) A screen enclosure contractor is qualified and certified to fabricate, erect and install on grade only, screen enclosures with metal-supporting members, in whole or in part selfsupporting, having walls and roof of screen except that the roof may be of metal or plastic where the area of solid wind resistant material does not exceed forty (40) percent of the area of screen roof. The scope of work shall include footings or slab on grade in connection therewith. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical work in this field and who has passed a designated examination. (21) A window frame contractor is qualified and certified to construct forms and formwork for window frames into which concrete is to be placed. 1474

147 CONTRACTORS 10-2 (I) Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical work in this field and who has passed a designated examination. (22) A utility building contractor is a contractor qualified and certified to erect and install prefabricated buildings made of metal, wood or other approved material on an approved foundation or base. The forming, mixing, constructing and/or placing of the concrete slab, base, anchor or foundation is a part of the scope of work of such contractor. Such contractor shall have a qualifying agent with experience and skill gained by at least three (3) years of practical work in this field and who has passed a designated examination. Building maintenanceman is a person qualified and certified by examination to maintain buildings and structures owned or occupied by the person, firm or corporation by which the building maintenanceman is regularly employed. The work of a building maintenanceman shall be confined to the erection, repair or relocation of nonbearing interior partitions, painting, the patching of stucco and plaster, the repair of floors of all types, the repair of cabinets and counters of wood, metal or plastic, the repair of awnings and canopies, the repair of wall and floor tile. A building maintenanceman may make only repairs to bearing walls, both interior and exterior, and roofing work shall be limited to stoppage of leaks. A building maintenanceman shall not make addition to or change the outline of any building or structure, and the work of a building maintenanceman shall not include plumbing, electrical, mechanical or liquefied petroleum gas work of any kind. A certified sub-building, sub-general or general qualifying agent shall automatically qualify as a building maintenanceman. (Ord. No , 2, ; Ord. No , 1, ) (Ord. No , 1, ; Ord. No , 1, ) IV. ENGINEERING CONTRACTOR The scope of work of an engineering contractor shall be as defined in the various engineering contractor classifications listed herein. (A) General engineering contractor is an engineering contractor whose contracting business consists of the execution of contracts involving two (2) or more trades and who has the financial means, and who has a qualifying agent with the art, ability, experience, knowledge, science and skill gained by not less than ten (10) years experience either as a superintendent for a general engineering contractor or as a licensed building or engineering contractor for such period (or has had an education equivalent thereto) or any combination thereof, to construct and properly supervise, direct and coordinate work in the engineering trade in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable, and who has satisfactorily passed a general engineering contractor's examination. The scope of work of the general engineering contractor shall be unlimited in the engineering trade field, except that his work in connection with utilities shall be considered to stop at a point five (5) feet from a building not specifically constructed for the purpose of pumping or processing pipeline products. Such contractor shall subcontract to a qualified contractor in the field concerned, all other work specified herein as being the exclusive work of a plumbing, electrical, mechanical or liquefied petroleum gas contractor, including the specialties and categories thereunder. A general engineering contractor, qualified and certified before the effective date of this ordinance may do, contract for, and take out permits for the work of a general building contractor. Such license holders will be issued

148 10-2 MIAMI-DADE COUNTY CODE (B) additional certificates authorized by the scope of the general engineering contractor license. After the effective date of this ordinance a general engineering contractor may do, contract for, and take out permits for the work authorized by the scope of the general contractor license. (Ord. No , 5, ; Ord. No , 1, ) Specialty engineering contractor is an engineering contractor who specializes in one (1) or more of the following engineering crafts and whose scope of work is so limited under the certificate of competency held. Such contractor's principal contracting business is the execution of contracts, in some instances subcontracts, and possibly involving two (2) or more trades and who has the financial means, and has a qualifying agent with the experience, knowledge and skill as herein set forth, to engage in the business of the particular engineering specialty concerned, in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable, and who has satisfactorily passed an examination in the engineering specialty concerned. Such contractor shall subcontract with a qualified contractor any work which is incidental to the specialty but which is specified herein as being the work of other than that of the engineering specialty for which certified. The following are the various crafts of specialty engineering contractors. (1) A plant construction engineer contractor is an engineering contractor who has a qualifying agent with the experience and skill gained but not less than three (3) years as a general superintendent for a general building or general engineering contractor or education equivalent thereto, or a combination thereof, and certified to construct and properly supervise, direct and coordinate the construction of buildings, plants and other structures which are incidental to water treatment plants, sewage treatment plants, pumping and lift stations, power generating plants and sub-station, including the equipment and piping installation (except the exclusive work of an electrical contractor) and placing therein in connection with the purpose for which the structure is being erected. A plant construction engineering contractor may perform the work of a pile driving and foundation engineering contractor. (2) A pipeline engineering contractor is an engineering contractor who has a qualifying agent who is qualified by the experience and skill gained by not less than three (3) years as a general superintendent for a general engineering contractor or pipeline engineering contractor or education equivalent thereto, or a combination thereof and certified to excavate, construct, install, repair or alter pipelines, such as water and gas transmission and distribution lines, storm and sanitary sewerage lines, force mains, outfalls, and pumping facilities incidental to the collection or installation of pipeline products including the equipment and piping installation and placing within a structure which is constructed for the purpose of pumping or processing such pipeline products. A pipeline engineering contractor may construct or install junction boxes, manholes, inlets, valves and similar components, in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable. The work of the pipeline engineering contractor shall be considered to stop at a point five (5) feet from a building not specifically constructed for the purpose of pumping or processing pipeline products. The scope of work of such a contractor does not include the installation of

149 CONTRACTORS 10-2 chilled water lines or related work incidental thereto. (Ord. No , 1, ) (3) A structural engineering contractor is an engineering contractor who has a qualifying agent with the experience and skill gained by not less than three (3) years as a general superintendent for a general building or a general engineering contractor or education equivalent thereto, or a combination thereof, and qualified and certified to construct and properly supervise and direct the construction of bridges, tunnels, overpasses, harbor facilities, docks, shipyards, bulkheads, retaining walls, seawalls, dams, locks and sim

150

151 CONTRACTORS 10-2 (d) month period preceding the date of adoption of this ordinance and obtains a temporary certificate as a low voltage specialty electrical contractor by June 30, Evidence that the applicant for a temporary certificate has been engaged in the business of installing communications wiring or systems shall be demonstrated by submittal of an affidavit documenting the applicant's work history and experience, letters of reference, copies of occupational and other government issued licenses and a representative list of contracts completed in the last twelve-month period. The list shall include the description of each job, location, owner and general contractor, if applicable. After obtaining the temporary certificate, the applicant must receive his initial certification as a low voltage specialty electrical contractor by December 31, Any person or business entity that was engaged in the business of installing communications wiring or systems on or before January 1, 1984 shall be issued a certificate of competency as a master low voltage technician or low voltage specialty electrical contractor respectively without requirement for further qualifications under this category provided an application requesting such technician or contractor certification is filed with the department by December 31, Evidence that the applicant was engaged in the business of installing communications wiring or systems shall be demonstrated by submittal of an affidavit documenting the applicant's work history and experience, copies of occupational and other government issued licenses and a representative list of contracts, if available. The list shall include the description of each job, location, owner and general contractor, if applicable. Cross references Fire prevention, Ch. 14; interfering with police or fire alarm systems, (6) A master TV antenna specialty electrical contractor is a contractor qualified and certified to install, repair, alter, add to or change any privately owned TV antenna systems on and in multiple occupancy, residential or commercial buildings of three (3) or more tenants, rooms or apartments all connected to a central master system, as well as in theaters, schools and like public occupancies. Such systems may be electrically energized in whole or in part for the reception, amplification and distribution of TV signals. The scope of these systems shall include conductors and raceways, radio frequency carriers, laser beams and any other means of signal transmission as well as all apparatus pertaining to master TV antenna systems, including, but not limited to, amplifiers, splitters, cables and outlets for connecting individual TV sets. A master TV antenna specialty electrical contractor may connect to an existing separate circuit of approved capacity, which is terminated to an approved outlet, junction box, or fused disconnect switch within six (6) feet of the equipment to be energized. Such contractor shall have as a qualifying agent a master TV antenna master technician as defined below. (a) A master TV antenna technician shall mean any person who possesses the required skill, knowledge and experience as evidenced by one (1) year's experience as a mechanic, or supervisory or managerial experience or education equivalent thereto in the master TV antenna specialty electrical field as defined for master TV antenna specialty electrical contrac- 1483

152 10-2 MIAMI-DADE COUNTY CODE (C) tor and who has passed a designated examination. He shall possess a valid certificate of competency as a master technician. Maintenance electrician is a person qualified and certified by examination to maintain electrical installations. A maintenance electrician can perform or supervise the work of other personnel under a premise permit providing that such work shall be confined to the repair of existing branch circuits, fixtures, apparatus or equipment connected thereto, and shall include the relocation of existing branch circuits and the switching and de-energizing of existing facilities for safety purposes, contained and used upon the premises or building, owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is regularly employed. The maintenance electrician's work shall not include the installation, alteration or replacement of service equipment or any feeder to any center or centers of service equipment. A certified master or journeyman electrician shall automatically qualify as maintenance electrician. VII. MECHANICAL CONTRACTOR The scope of work of a mechanical contractor is as defined in the various contractor classification listed hereinafter. (A) (B) A general mechanical contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to perform the following: install, maintain, repair, alter or extend air conditioning, refrigeration, heating, ventilating, boiler and unfired pressure vessel systems, and all appurtenances, apparatus or equipment used in connection therewith; also, piping, duct work, insulation of pipes, vessels and ducts, pressure and process piping, installation of chilled water lines and related work incidental thereto, pneumatic control piping, gasoline tank and pump installations, piping for gasoline tank and pump installations, fire sprinkler systems and standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, mechanical sections of sewage disposal and water treatment plants and installing a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system, all in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable. Such contractor shall have as qualifying agent a general mechanical master. The scope of work of such contractor shall also include any excavation work incidental thereto, but shall not include any work specified in this chapter as being the work of any other trade or contractor, such as but not limited to liquefied petroleum or natural gas fuel lines within buildings, potable water lines, or connections thereto, sanitary sewer lines, swimming pool piping and filters and electrical work. The scope of the work of such a contractor shall also include the work of a specialty mechanical contractor, except for elevator and transporting assembly installations; and if there is work incidental to such contractor's authorized scope of work to be performed pursuant to contract for which such contractor does not hold a certificate of competency, such work shall be subcontracted to a qualified contractor in the trade concerned. A specialty mechanical contractor is a contractor who specializes in one (1) or more of the following crafts and whose scope of work is so limited under his certificate of competency. Such a contractor shall have as a qualifying agent a specialty mechanical master in the field concerned. Such contractor's business is to consist of the execution of contracts requiring the experience, financial means, knowledge and skill to engage in the business of the particular mechanical specialty concerned, in such a manner as to 1484

153 CONTRACTORS 10-2 comply with all plans, specifications, codes, laws and regulations applicable. The scope of work of any specialty mechanical contractor shall also include any excavation work incidental thereto but shall not include any work specified in this chapter as being work of any other trade or contractor, such as, but not limited to, electrical work, liquefied petroleum, or natural gas fuel lines within buildings, or potable water lines, or connections thereto, and sanitary sewer lines and swimming pool piping and filters. If there is work incidental to such contractor's authorized scope of work to be performed pursuant to contract for which such contractor does not hold a certificate of competency, such work shall be subcontracted to a qualified contractor in the trade concerned. The following are the various crafts of specialty mechanical contractors. (1) A refrigeration and air conditioning contractor is a specialty mechanical contractor qualified and certified to install, repair, alter, add to or change any system of refrigeration, air conditioning, heating and ventilating, unlimited in horsepower or tons, including any or all duct systems necessary to make complete a refrigeration or air conditioning system and including the installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary disposal system; provided, however, ammonia refrigeration, boilers or unfired vessels shall not be a part of the scope of such work. (2) An air conditioning contractor (unlimited) is a specialty mechanical contractor qualified and certified to install, repair, alter, add to or change any system of air conditioning, heating and ventilating, unlimited in horsepower or tons, including any or all duct systems necessary to make complete an air conditioning system and including the installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary disposal system; provided that boilers or unfired pressure vessels shall not be a part of the scope of work. (3) An air conditioning contractor (limited) is a specialty mechanical contractor qualified and certified to install, repair, alter, or extend any system of air conditioning and warm air heating and ventilation in connection therewith, of a size not exceeding fifteen (15) tons in any type of building providing the total conditioning load in any common area does not exceed fifteen (15) tons, including any or all duct systems necessary to make complete an air conditioning system, and including the installation of a condensate drain from such an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary disposal system; provided that boiler and unfired pressure vessels shall not be part of the scope of work. (Ord. No , 8, ) (4) A room air conditioning contractor is a specialty mechanical contractor qualified and certified to install, service and repair any air conditioning unit consisting of and limited to a package unit, completely self-contained, air-cooled, usually called a room unit and not to exceed three (3) tons and attached to electric power only by the method of a plug-in receptacle. This unit, factory wired and supported only by window or wall supports, shall not have any duct work attached or any method of air distribution other than the unit's factory installed grill; provided that installation of any condensate drain 1485

154 10-2 MIAMI-DADE COUNTY CODE or drains to the outside of the unit is not included in this work. (Ord. No , 9, ) (5) A refrigeration contractor (limited) is a mechanical contractor, qualified and certified to install, maintain, repair or alter any system of refrigeration not exceeding five (5) horsepower, self-contained or with remote compressor, where such refrigeration system is for the purpose of food preservation and/or processing, other than human-comfort refrigeration systems. The scope of work of a refrigeration contractor (limited) shall be limited to refrigeration systems using Group I refrigerants only. (6) A refrigeration contractor (unlimited) is a mechanical contractor qualified and certified to install, maintain, repair or alter any system of refrigeration unlimited to tons or horsepower, provided, however, that such refrigeration is intended to be used for the purpose of food and product preservation and/or processing and is not to be used for comfort systems; and further provided that this scope of work does not include ammonia refrigeration systems. (7) A heating contractor is a specialty mechanical contractor, qualified and certified to install, maintain, repair, alter, add to or change systems of heating, whether by water, steam or hot air furnaces and all appurtenances and duct work used in conjunction therewith. (8) A warm air heating contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair or alter a system of warm air furnace heating and all appliances and appurtenances in connection therewith, including duct work, vents and flue connections. (9) A steam generating boiler and boiler piping contractor is a specialty mechanical contractor qualified to install, maintain, repair and service steam boilers and boiler piping, including the boiler auxiliary equipment, controls and steam actuated machinery such as, but not limited to, engines, pumps, prime movers, pressing machinery, and dryer rolls, but excluding comfort heating systems. (10) An ammonia refrigeration contractor is a specialty mechanical contractor, qualified and certified to install, maintain, repair, alter or extend any system of refrigeration using ammonia as a refrigerant including all appliances and appurtenances thereto. (11) A sheet metal contractor is a specialty mechanical contractor qualified and certified to manufacture, assemble, cast, cut, shape, stamp, forge, fabricate, weld, repair, recondition, adjust and install sheet and rolled metal of any kind or combination and all other materials used in lieu thereof, and including all airveyor systems and air handling systems regardless of materials used including all equipment and all reinforcements in connection therewith. (12) A pressure and process piping contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any systems of piping, tubing, vessels, containers, pumps, apparatus, and appurtenances, in connection with such pressure piping used for circulation, transporting, holding or processing of any gas, vapor, fluid, liquid, semi-liquid or any combination thereof; provided, however, that boilers, boiler piping, as defined by the International Boiler and Pressure Vessel Code of the current edition of the American Society of Mechanical Engineers, piping used to 1486

155 CONTRACTORS 10-2 convey potable water, sanitary sewage, liquefied petroleum, manufactured or natural gas or refrigeration, air conditioning, and comfort heating piping shall not be a part of the scope of such work. (13) A pneumatic control piping contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any system used for the purpose of controlling various instruments, valves, damper motors, controllers, and similar paraphernalia through pneumatic lines of size and strength required for the duty performed. (14) A gasoline tank and pump contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any system used for storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations dispensing fuel to mobile vehicles or marine equipment; provided, however, bulk plants shall not be a part of the scope of such work. (15) A gas control installation contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair or extend gas metering, odorizing and gas pressure reduction stations. (16) An insulation contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any insulation primarily installed to prevent loss or gain of heat from internal or external sources in pipes, vessels, ducts or in built-up refrigerated boxes or rooms, and such installations to include any protective coating thereof involved with insulation. (Ord. No , 10, ) (17) A mechanical service and maintenance contractor is a specialty mechanical contractor qualified and certified on or before May 14, 1976, to repair and maintain, without alteration or addition, any system of air conditioning, heating, ventilating, boiler and unfired pressure vessels and apparatus and equipment in connection therewith. Such a contractor shall have as a qualifying agent one (1) who is qualified as a mechanical service and maintenance master in the field or fields of work enumerated herein and can only hold a certificate of competency as such a contractor in such field or fields for which such qualifying agent is approved. Only those contractors holding current, valid certificates of competency as mechanical service and maintenance contractors on or before May 14, 1976, shall be entitled to such certificates. No further mechanical service and maintenance contractor's certificates shall be issued, and mechanical service and maintenance work shall be done, other than as indicated above, by contractors certified and qualified as general mechanical contractors or by specialty mechanical contractors in the field or fields concerned. (Ord. No , 1, ) (18) An elevator installation contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any elevator, dumbwaiter or escalator; provided, however, transporting assemblies, as defined herein, shall not be a part of the scope of such work. (19) An elevator maintenance and service contractor is a specialty mechanical contractor qualified and certified to maintain and service any elevator, dumbwaiter or escalator; provided, however, transporting assemblies, as defined herein, shall not be a part of the scope of such work. 1487

156 10-2 MIAMI-DADE COUNTY CODE (C) (20) A transporting assembly installation contractor is a specialty mechanical contractor qualified and certified to install, maintain, alter and extend any Transporting Assemblies, as defined herein. (21) A transporting assembly maintenance and service contractor is a specialty mechanical contractor qualified to maintain and service Transporting Assemblies as defined herein. Mechanical maintenance man is a person qualified and certified by examination to maintain mechanical installations. The work of a mechanical maintenance man shall be confined to repairing, maintaining, servicing of existing systems involving air conditioning, refrigeration, heating, ventilation and pressure and process piping contained and used upon the premises or building owned, occupied or otherwise controlled by the person, firm or corporation by whom the mechanical maintenance man is regularly employed. A certified mechanical master or journeyman shall automatically qualify as a mechanical maintenance man. (Ord. No , 5, ; Ord. No , 1, ) VIII. LIQUEFIED PETROLEUM GAS INSTAL- LATION CONTRACTOR The scope of work of a liquefied petroleum gas installation contractor is as defined in the various classifications listed hereinafter. (A) A liquefied petroleum gas installation contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to install, maintain, repair, alter, or extend liquefied petroleum gas piping appliances, gas mains, lines, laterals, tanks, regulators, meters and other appurtenances and paraphernalia in connection therewith, including wall and central heating units in any building or structure or on any premises, public or private; or who furnishes, delivers and sells the liquefied petroleum (B) IX. MASTER gas to the consumer for heat, light and power. Such contractor shall have as a qualifying agent an installer as defined in subsection (B) hereof. If there is work incidental to such contractor's scope of work to be performed pursuant to contractor for which such contractor does not hold a certificate of competency, such contractor shall sub-contract the same to a qualified contractor in the trade concerned. Installer shall mean any person who possesses the required skill and knowledge gained by two (2) years' experience, and who has passed an examination, to perform the scope of work set forth hereinabove for a liquefied petroleum gas installation contractor. He shall possess a valid certificate of competency as an installer. (Ord. No , 11, ) The term master shall mean any person to whom this Board has issued a current valid certificate of competency as a master in a trade after having passed a designated examination and having otherwise demonstrated to this Board that he or she possesses the required skill, knowledge and experience to plan, lay out, supervise and do the work in the trade. As a prerequisite to taking the examination, an applicant shall have held for not less than two (2) years this Board's certificate of competency as a journeyman and shall have at least two (2) years of prior field work experience. However, this Board may, in its discretion, accept in lieu of the journeyman certificate, satisfactory proof of (i) at least six (6) years of comprehensive, specialized training, education and field experience associated with the trade or (ii) registration as a professional engineer in the discipline concerned. "Field experience" is defined as experience gained at actual construction sites where the full spectrum of practical situations and problems arising in the trade are found; drafting, estimating, designing, other office work or maintenance or service installations do not satisfy the requirement. In the plumbing, electrical and mechanical trades a contractor must be qualified by a master. 1488

157 CONTRACTORS 10-2 Masters are required to earn continuing education credit during each term the personal certificate of competency is valid as established in this chapter and as required by the Board through written rules or regulations commencing October 1, (Ord. No , 12, ; Ord. No , 1, ; Ord. No , 1, ) X. JOURNEYMAN The term journeyman shall mean any person who possesses the required skill, knowledge and experience, as evidenced by three (3) years' proven experience in the trade or craft, or education equivalent thereto, or a combination thereof, but not more than one-half ( 1 /2) of such experience may be education equivalent, and who has passed an examination in his or her particular trade or craft and possesses a valid certificate of competency as a journeyman in such trade or craft. There shall be at least one (1) journeyman for every three (3) trainees on each construction or installation job site for which a permit is required, and which involves a trade in which journeyman are required and certified. It shall be the responsibility of the employing contractor, and the qualifying agent, to provide journeymen on each job site in accordance with this section, and failure to do so shall be a violation of this chapter, subject to the penalties provided herein, and provided under Section 1-5 of this Code. In addition, any work in the trade concerned on any such job site wherein journeymen are not provided in accordance with this section shall be stopped by the enforcing agency or administrative agency concerned until journeymen are so provided. Further, any person working at a trade which requires journeymen on the job site where no journeyman or master in the trade concerned is present shall be in violation of this chapter and subject to the penalties provided herein, and provided under Section 1-5 of this Code. A journeyman may only work in the employ of a contractor holding a certificate of competency in the field in which the journeyman is certified. Journeymen shall be required in the electrical, plumbing and mechanical trades. Journeymen are required to earn continuing education credit during each term the personal certificate of competency is valid as established in this chapter and as required by the board through written rules or regulations commencing October 1, (Ord. No , 2, ; Ord. No , 1, ) XI. TRAINEE The term trainee shall mean any person working on the job in the capacity of a learner, apprentice, helper, or improver who does not possess the skill, knowledge, experience or ability of a journeyman and does not possess a certificate of competency, but he can work at the grade on a job for which a permit is required only when a journeyman or a master is present at the particular job site concerned. XII. MAINTENANCE PERSONNEL (a) The term maintenance personnel, other than as defined elsewhere in this section, shall mean all maintenance personnel who are regularly employed to maintain and make minor repairs to systems, apparatus, equipment or structures within the scope of work of any of the contractors defined in this section, where such systems, apparatus, equipment or structures are owned, occupied or controlled by the person, firm or corporation by whom such personnel are employed. Such maintenance personnel, when employed by the owner of a building or plant, must hold a certificate or certificates or competency for the particular maintenance work involved, or a certificate as a master or a journeyman in the grade in which they are engaged, except that such maintenance personnel regularly employed by a State, County or municipal franchised gas, electrical, water or communications utility firm shall be exempt from the requirement of being qualified and holding a certificate of competency for the doing of maintenance work in connection with the utility including the service of systems, apparatus, equipment, lines or meters in connection therewith owned or controlled by such utility company whether on public or private property. The word maintenance as used in the paragraph, is not intended to include operators of appliances, apparatus or equipment. The application of this paragraph shall not apply to employees of a State, County or municipal franchised public utility doing maintenance on the utility equipment or within the utility plant. 1489

158 10-2 MIAMI-DADE COUNTY CODE (b) On certification that an individual has been regularly employed for a period of five (5) years prior to July 1, 1970, and submission of evidence of that five (5) years or more of experience and work as a building maintenanceman, maintenance plumber, maintenance electrician or mechanical maintenanceman by the employer or employers of the individual so employed and upon certification that he is employed by the holder of a premise permit, he shall, upon payment of the fee for the particular certificate or certificates of competency concerned, be issued the necessary maintenanceman certificate in the applicable trade or grades; provided application and certification shall be submitted prior to sixty (60) days from the effective date of this subsection; thereafter, maintenanceman certificates shall be issued only upon providing evidence of one (1) year of proven experience and passing a written examination. (c) Maintenancemen are required to earn continuing education credit during each term the personal certificate of competency is valid as established in this chapter and as required by the board through written rules or regulations commencing October 1, (Ord. No , 1, ; Ord. No , 1, ) XIII. AUTHORIZED EMPLOYEE CERTIFICATE OF COMPETENCY Means the certificate issued by the Construction Trades Qualifying Board to any person who holds a current certificate of competency issued by the Construction Trades Qualifying Board or a State of Florida Certified Contractor and who does not hold himself or herself out for hire and who is an employee of a Miami-Dade County Department or Municipal Department while acting in accordance with the terms of their employment and as qualifying agent. The scope of work for the Authorized Employee Certificate of Competency shall be determined by the Construction Trades Qualifying Board or State of Florida Contractor license category(ies) held. All valid categories shall be reflected on the Authorized Employee Certificate of Competency. No additional examination shall be required. Exception: Journeymen and Maintenancemen are ineligible. (Ord. No , ; Ord. No , 2, ; Ord. No , 1, 2, ; Ord. No , 1, ; Ord. No , 1, 2, ; Ord. No , 2 12, ; Ord. No , 2 5, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1 3, ; Ord. No , 1, 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 85-3, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Certificate of competency required to do business. (a) It shall be unlawful for any person, firm, joint venture, or corporation to engage in the business or act in the capacity of contractor or subcontractor, or for any person to act in the capacity of master, qualifying agent, journeyman, maintenance personnel, installer or any other similar tradesman defined and set forth above, within the incorporated or unincorporated areas of the County, without having made application for and there having been issued a current valid certificate of competency or eligibility for the type of work done by said person, firm, joint venture or corporation from either: (1) The State's Florida Construction Industry Licensing Board; (2) The State's Florida Electrical Contractor's Licensing Board; or (3) The County's Construction Trades Qualifying Board. Holders of County certificates must also be registered with the State in accordance with Section or Section , Florida Statutes. Provided, however, that for those projects specified in Section , Florida Statutes, a contractor must be certified by the County's Construction Trades Qualifying Board and registered with the State unless exempted by Chapter 10 of this Code. Nothing herein shall be construed to mean that there cannot be workers in a trade who are not qualified or certified within the definitions 1490

159 CONTRACTORS 10-3 herein set forth if such workers are employed by and under the supervision of a contractor qualified in the trade concerned and working with a master or journeyman on the job site, if the grade concerned requires masters and journeymen. Workers not qualified and certified within the definitions herein set forth may work as day laborers for an owner-builder in any trade not requiring masters, journeymen or installers. (b) No person or entity shall submit a bid, nor shall any contract be awarded, on any County or municipal public works project in Miami-Dade County unless such person or firm has complied with subsection (a) of Section 10-3 above. Any bid not in compliance with this section shall be null and void. Any person or entity who fails to maintain his certification as a contractor before the completion of work on any County or municipal project in Miami-Dade County where certification is necessary under this Code shall be in default under the contract except as provided for under Section 10-16(b). (c) The only construction-related activities that persons holding certificates of competency or eligibility as contractors as a result of action by an agency other than the Board or the State of Florida as specified above may perform as contractors is disaster repair work in Miami-Dade County. Those persons are required to register with the Board in order to contract to perform disaster repair work in Miami-Dade County. Disaster repair work is nonstructural work required to repair structures and systems destroyed by natural causes, provided the area is declared a National Disaster Area and the repair costs do not exceed more than fifty (50) percent of the value of the structure or system which was damaged. Applicants for such registration shall pass an examination of the Florida Building Code. Other than payment of the processing fee provided herein and meeting the competency standards administratively imposed by the Director of the Department of Regulatory and Economic Resources, including the designation of a resident agent for service of process and proof of Florida Workers Compensation insurance there shall be no additional prerequisites for an applicant taking such examination. An applicant shall only be entitled to sit for one (1) examination. Failure to pass such examination shall result in denial of the registration. The registration shall be valid for six (6) months from the date the area is declared a National Disaster Area. The Department of Regulatory and Economic Resources shall collect a fee as established by separate administrative order to cover the cost of processing the application for registration as well as documentation from the agency from which the person received certification. (d) Notwithstanding the provisions of Section 10-3(c) above, a voluntary relief builder shall be entitled to perform construction, repair and reconstruction work, including structural and all other trades identified in this chapter, subject to the terms and conditions of this section. For purposes of this section, a voluntary relief builder is any person that represents or is a member, employee or agent of a non-profit corporation, fund or foundation that is organized and existing exclusively for religious, charitable or educational purposes; and who will render services free of any remuneration or consideration, other than reimbursement for actual expenses for materials incurred by the builder in conjunction with the work to be accomplished under the terms of this section; and who otherwise complies with the proficiency, registration and documentation requirements set forth in this section. Voluntary relief builders shall be required to register with the Department of Regulatory and Economic Resources, and/or a designated nonprofit corporation that is determined by the Board as qualified to make and certify compliance herewith. The voluntary relief builder shall demonstrate to the Department of Regulatory and Economic Resources, or its above-noted designee, that he/she is registered, licensed or certified to conduct construction, reconstruction or repairs, including such trades as are regulated under the provisions of this chapter, under the provisions of any other state, county, or municipal construction trades licensing program or legislative system. The Department of Regulatory and Economic Resources, or through its designee, may require such reasonable documentation as may be required to determine the current licensing status of the voluntary relief builder, either prior to or during the course of any permit application sought 1491

160 10-3 MIAMI-DADE COUNTY CODE by the voluntary relief builder and permitted under the terms of this ordinance. A voluntary relief builder who has worked in a jurisdiction which does not require a license to engage in the construction trades may register with the Department of Regulatory and Economic Resources upon presenting such reasonable documentation as required by the Director to demonstrate at least one (1) year of experience in the building trades or pass the oral examination that is given to ownerbuilder permit applicants. As a condition of obtaining a building permit, a voluntary relief builder shall furnish an affidavit, reasonably satisfactory to the Building Official of the jurisdiction, and executed by the voluntary relief builder and the owner of the structure or property to be constructed, reconstructed or repaired, which identifies the structure and property; the organization represented by the voluntary relief builder; and, which states that the services are being performed without remuneration, as set forth herein. A voluntary relief builder may only receive a permit which is sought solely for the construction, reconstruction or repair of a single-family or duplex residence where the owner of the property certifies that said residence is to be used and occupied by the owner executing the affidavit required by this section, and that said residence is not intended for sale or resale at the time of application for said permit. The Building Official of the jurisdiction will expedite interim and final inspections for any permits issued under the terms of this section. A voluntary relief builder who files an application for a permit for the construction, reconstruction or repair of any church, medical clinic, child or adult daycare facility or adult congregate living facility, shall be subject to approval by the Building Official of the jurisdiction demonstrating his/ her competency by passing a written examination to be administered for this purpose by the Building Official of the jurisdiction. Registration under this section shall be effective for one (1) year from the date of occurrence of a natural disaster and is subject to renewal for successive one (1) year periods upon approval of the County Commission. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ) Annotation CAO's 77-55, Sec Persons without certificates representing selves as contractors; identification of vehicles. (a) Any person, firm or corporation not possessing a current certificate of competency and advertising in any newspaper, airwave transmission, phone directory or other advertising media or who issues any card, advertising or device indicating to the public that he is a contractor, or is qualified to engage in the business as a contractor, or who holds himself out as a contractor as plaintiff or defendant in any court of this State, is in violation of, and shall be subject to the provisions and penalties of, this chapter; and a certified copy of such court record or a copy of such newspaper, telephone directory, or other advertising making such assertion shall be prima facie evidence in court, or in any other proceeding authorized by this chapter, that the person is purported to have the capacity to act as a contractor. (b) Contractors conducting their contracting business within Miami-Dade County shall identify all trucks used in the furtherance of their business by use in the transporting of materials, equipment or employees to a job site, excepting a truck owned by an employee which truck is only used for private transportation or in carrying employees' personal tools and personal equipment necessary to fulfill their job tasks, by placing on the sides thereof, in a permanent manner, identification of contractor, by name or symbol, and their certificate number, in letters and numerals not less than three (3) inches in height, excepting those trucks rented or leased by a contractor from a commercial vehicle rental agency for a period of less than one (1) month and such 1492

161 CONTRACTORS 10-5 trucks are plainly marked with the name of the lessor in letters and numerals not less than three (3) inches in height. (c) Anyone who advertises in any newspaper, airwave transmission, telephone directory, handbill, or other advertising medium for contracting to do any work covered by the provisions of this chapter shall include in all such advertising the permanent certificate of competency number from the certificate of competency required as a prerequisite under the provisions of this chapter. Failure to include this permanent certificate of competency number in all such advertising as evidenced by a copy or transcript of the subject advertisement shall constitute a violation of the chapter subject to the penalties provided herein and under Section 1-5 of this Code. (Ord. No , ; Ord. No , 4, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No. 76-2, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ) Sec Prohibition on publication of advertising without certification number. (a) No person, firm, corporation or other legal entity may knowingly publish an advertisement in any publication which is primarily circulated, displayed, distributed or marketed within Miami- Dade County, which advertisement identifies a contractor offering services regulated by Chapter 489, Florida Statutes or Chapter 10, Code of Miami-Dade County, Florida, as they may be amended from time to time, unless the advertisement includes the certification number issued by the State of Florida or by Miami-Dade County to that contractor. (b) Any advertisement shall be defined to include any announcement, listing, display, entry or other written statement of whatever nature or kind, and specifically to include a name and address or telephone number placed under a heading, when the heading describes or encompasses services regulated by Chapter 489, Florida Statutes or Chapter 10, Code of Miami-Dade County, Florida. (c) Any person who knowingly violates this section shall be guilty of a misdemeanor for each such advertisement. (Ord. No , 2, ; Ord. No , 1, ) Cross reference Commercial vehicle identification, 8A- 276 et seq. Sec Qualifications for obtaining permits. (a) Applications for permits will be accepted only from contractors holding a current certificate of competency and license in their respective fields and against whom no revocation or suspension is pending; or fines and fees imposed by the Board or a division thereof, a hearing officer under Chapter 8CC of this Code, or a Civil or Criminal Court Judge relating to his work as a contractor remain unpaid, except as follows: (1) The owner or lessee or tenant of a property may make application for permit and supervise and do the work in connection with the erection of a new one-story building, other than a single-family or duplex residence, not exceeding five hundred (500) square feet in area, or a first-story addition not exceeding five hundred (500) square feet in area, or make maintenance repairs and nonstructural alterations to any building owned, leased or occupied by the applicant, provided the cost of repairs does not exceed five thousand dollars ($5,000.00). He shall obtain all required permits for such work, and as a prerequisite to obtaining permits, he shall satisfy the Building Official that he has the ability and knowledge of the Florida Building Code to do such work in the trades involved. (2) A sole owner may make application for permit, supervise and do the work in connection with the construction, maintenance, repair, alteration and addition to a single-family or duplex residence for his own use and occupancy and not intended 1493

162 10-5 MIAMI-DADE COUNTY CODE for sale. He shall obtain all required permits for such work, and as a prerequisite to obtaining permits, he shall satisfy the Building Official that he has the ability and knowledge of the Florida Building Code to do such work in the trades involved. A sole owner, may in addition, personally install, repair, alter, or add to the plumbing, electrical, mechanical and gas systems in his own single-family or duplex residence for his own use and occupancy and not intended for sale. He shall obtain all required permits for such work, and as a prerequisite to the obtaining of permits, he shall satisfy the Building Official that he has the ability and knowledge of the Florida Building Code to do such work in that trade. Such installation shall be made by the owner for himself and on his own premises, without compensation from others, and he shall not employ anyone to assist with such installations. (3) In connection with paragraph (2) above, no more than one (1) permit shall be issued to an owner for the construction of a new single-family or duplex residence in any twenty-four-month period, and permits for alterations and additions, or plumbing, electrical, mechanical or gas installations shall be issued only in connection with one (1) single-family or duplex residence in any twenty-four-month period, although more than one (1) permit may be issued for such work on the same single-family or duplex residence during that period. (4) The Building Officials, as defined in the Florida Building Code, may require proof that the applicant is the owner of the property upon or in which construction or installation is to take place, and nothing herein is to be construed to invalidate the requirement for applying for and obtaining permits, paying fees, calling for required inspections, and complying with all plans, specifications, codes, laws and regulations applicable. (5) When the building permit is held by an owner, lessee or tenant as set forth in subsections (1) and (2) and any work thereunder is by contract and separate permits are required for the work, the contractor shall separately and in addition to such owner, lessee or tenant, permit, make application for, and obtain permits to include all work done by him under contract. (6) The United States, federal agencies and their contractors, in the execution of federal projects authorized by Congress, are exempted from the provisions of this chapter. (7) A sole owner may make application for permit in connection with the maintenance or repair to a single family or duplex residence for his own use and occupancy and not intended for sale at the time of application for said permit without satisfying the Building Official that he has the ability and knowledge of the Florida Building Code to do such work in the trades involved provided: (a) A non-profit corporation, fund or foundation that is organized and existing exclusively for religious, charitable or education purposes is providing construction services to the owner free of any remuneration or consideration; and, (b) The work to be performed is supervised by a contractor having a current valid certificate of competency from either the State of Florida or the Miami-Dade County Construction Trades Qualifying Board in the trade concerned and against whom no disciplinary action is pending. As a condition of obtaining a building permit, an affidavit, reasonably satisfactory to the Building Official, shall be submitted to the Building Official with the permit application, and executed by the non-profit corporation, fund or foundation, the supervising contractor and the owner of the structure to be repaired which identifies the structure and location of the property and which states that the services are being performed without remuneration or consideration. 1494

163 CONTRACTORS 10-6 The Building Official may limit the number of permits issued to property owners under paragraph 7 to insure that the work being performed through any non-profit corporation, fund or foundation is completed on a timely basis. In addition, a Building Official may deny a permit to any owner due to a sponsoring non-profit corporation, fund or foundation having failed in the past to provide continuous supervision by a contractor, correct violations of the Florida Building Code or obtain mandatory inspections. (Ord. No , ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Contractor's certificate, manner of obtaining. A contractor's certificate of competency shall be obtained in the following manner: (A) Application. All applicants shall make application on a form or forms prescribed by the Board. The application shall be retained by the County together with all supporting papers. The application shall be executed by the qualifying agent who shall be an officer of the corporation or if a firm, shall be legally qualified to act for the firm. If the firm is a Miami-Dade County or Municipal Department the qualifying agent is not required to be an officer of the firm. By exception, the qualifying agent for a publicly traded company or a firm employing over 1,000 persons in the United States may be a person with final approval authority for all construction work performed by the entity including authority over contracts, specifications, checks, drafts, or payments regardless of the form of payment made by the entity. As part of the application, such qualifying agent shall complete an affidavit approved by the board attesting to the extent of his or her authority. (1) The Board shall waive the initial application fee for a military veteran who applies for a license in the format prescribed by the Board, within (B) 24 months after discharge from any branch of the United States Armed Forces. To qualify for this waiver, the veteran must have been honorably discharged and provide appropriate service documentations. Information on and with application; fee. No application shall be considered unless the applicant gives all information required on the form, which shall include: (1) A statement of applicant's proposed contracting business. (2) The type of certificate being applied for. (3) Name, residence, and business address of applicant. (4) Information concerning work the applicant has performed in Miami- Dade County in the trade or classification for which he is seeking certification. Work performed by the applicant as an employee of Miami- Dade County would qualify as the experience required under the applicable provision of Section 10-2 above, shall be the experience required by Section (5) If applicant is a firm, or corporation, in addition to the application to be completed by the qualifying agent, the name and business address of the firm and the name and residence of all directors and officers of the corporation and their interests therein, and the name and residence of the applicant's qualifying agent. If the applicant is a corporation, a certified copy of the certificate of incorporation shall be furnished. If the applicant seeks to act as qualifying agent for a Miami-Dade County or Municipal Department, the name, address and telephone number of the Department Director shall be provided. (6) The board shall adopt rules defining financial responsibility based upon the business or organization's credit 1495

164 10-6 MIAMI-DADE COUNTY CODE (C) (D) (E) history, any history of bankruptcy or assignment of receivers. Such rules shall specify the financial responsibility grounds on which the board may determine that a business organization is not qualified to engage in contracting. (7) Receipt from the County showing that the fee established by separate administrative order has been paid to cover the cost of processing the application. (8) A sworn statement stating under oath that the officers and directors, and the qualifying agent, have not been convicted of a felony during the past five (5) years, and that he or they are not presently charged with committing a felony. If this is not the case, the details of the conviction or charge shall be given. Notice of examination. The qualifying agent shall be notified of the time and place of the next regular examination, if one is required. This notice shall be in addition to the notice provided for in Section Denial of application. Whenever a division of the Board denies or conditions approval of an application on the basis of information received pursuant to Subsections 10-6(B)(1) (8) above, it shall notify the applicant in writing of such action and the reason(s) therefor. Affirmative conditions necessary for issuance of certificate. A certificate competency shall not be issued unless it is determined: (1) That the qualifying agent has made a passing grade on the applicable examination, if such examination is required, and if experience is a prerequisite, that he has the required experience for the type of certification applied for. (2) That the applicant is financially able to engage in the contracting business for which the certificate is requested. The board shall establish, in its rules and regulations, uniform but separate standards for each contractor's category to guide it in determining an applicant's financial qualifications. Such standards shall first be approved by both divisions of the Construction Trades Qualifying Board. (3) That the applicant and qualifying agent and each member of the firm, and all officers and directors, if a corporation, possess a reputation for honesty, integrity, and good character. This shall be determined by the Board from the information contained in the letters of recommendation submitted to or obtained by the Board or its investigators. The lack of honesty, integrity or good character may be established by competent evidence that: (a) (b) The applicant, or qualifying agent, or any member of the firm, or officer or director of the corporation, who has, as an individual, committed an act within the past three (3) years which, if committed or done by licensed contractor, would be grounds for suspension or revocation of a contractor's license; or is a member of a firm or corporation that has committed an act within the past three (3) years, which, if committed or done by a licensed contractor, would be grounds for suspension or revocation of a contractor's license. The applicant, or qualifying agent, or any member of the firm, or officer or director of the corporation has, as an individual, committed an act within the past three (3) years involving dishonesty, fraud, deceit or lack of integrity whereby some injury has been sustained by 1496

165 CONTRACTORS (c) (d) (e) another; or is a member of a firm or corporation that has committed an act within the past three (3) years involving dishonesty, fraud, deceit or lack of integrity whereby some injury has been sustained by another. The applicant, or qualifying agent, or any member of the firm, or officer or director of the corporation has, as an individual, refused to pay valid bills or is a member of a firm or corporation that has refused to pay valid bills. The applicant, or qualifying agent, or any member of the firm, or officer or director of the corporation, is presently charged with commission of a felony or is a member of a firm or corporation charged with commission of a felony. The applicant, or qualifying agent, or any member of the firm, or officer or director of the corporation has been convicted of a felony. (4) That the applicant or qualifying agent has not had his certificate of competency suspended or revoked by the Florida Construction Industry Licensing Board or other State licensing authority or the licensing authority of another municipality or county whether located in the State of Florida or another state. (F) (5) That the qualifying agent has a significant interest or financial interest in the contracting entity he is qualifying as evidenced by his position as an officer or partner or principal stockholder in the company. Authorized Employee Certificate of Competency holders shall not be required to maintain or possess significant interest or financial interest when acting as qualifying agent for a Miami-Dade County Department or Municipal Department. Responsibilities of qualifying agent. The qualifying agent shall have the following authority and responsibilities upon issuance of a certificate of competency to the contractor and failure to carry out such responsibilities shall constitute a violation of this chapter: (1) To act for the contractor in all matters connected with the contractor's business. (2) To supervise, direct and control all work of the contractor, including, but not limited to, the direct responsibility for controlling and overseeing the contractor's employees and field operations for whom he is qualified. (3) The contractor shall be qualified only through the qualifying agent who executed the application and such agent shall be restricted to the work of the contractor he has qualified, but a contractor may be qualified by more than one (1) qualifying agent. (Ord. No , 17.05, ; Ord. No , 6 12, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 02-2, 1, ; Ord. No , 1, ) Sec Building and engineering qualifying agents certificates. Anyone desiring to obtain a certificate of eligibility as a qualifying agent in any of the building and engineering categories in addition to other prerequisites provided for in this chapter shall take and pass the applicable examination, if examination is required for the particular building or engineering category. (a) In order to take the applicable examination, or to otherwise obtain a certificate of 1497

166 MIAMI-DADE COUNTY CODE eligibility, he shall make application on a form prescribed by the Board and pay a fee established by separate administrative order and shall submit evidence showing that he possesses all other prerequisites required by this chapter to become such qualifying agent. (b) In addition to the notice required by Section 10-12, an applicant shall be mailed a written notice direct to the address given in this application advising the time and place of the next examination. (Ord. No , 1, ; Ord. No , 2, ) Sec Masters, journeymen and maintenance personnel certificates. A certificate of competency for masters, journeymen and maintenance personnel shall be obtained in the following manner: (a) (b) (c) (d) (e) (f) Application. All applicants shall make application on a form which includes the information described in Section 10-6(B)(1) (8) above and as prescribed by the Board. The application shall be retained by the County together with all supporting papers. Fee. A fee established by separate administrative order shall be paid for the examination for journeymen and maintenance personnel, and for masters. Notice of next examination. The applicant shall be notified of the time and place of the next examination. This notice shall be in addition to the notice provided for in Section Examination. He shall pass the examination in the particular category and trade concerned. Denial of application. Section 10-6(D) applies as though fully set forth herein. Temporary certificates. Any person who has in his possession a current license or certificate as a master or journeyman issued by any state, County, or municipality in the United States certifying that the holder has been examined and found competent to perform the work of a master or journeyman, shall, after making application for the next examination, be issued a temporary certificate by the Secretary of the Board, authorizing such master or journeyman to work in the capacity of a journeyman. Such certificate shall be issued only upon written request of the employing contractor. Failure to take or pass the examination applied for shall automatically terminate such certificate and the employing contractor shall return the certificate to the Board. No further certificate will be issued to the applicant unless he shall take and pass an examination. (Ord. No , 17.07, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ) Sec Examination Conduct of and general standards. Examinations shall be prepared, conducted and graded by the Director of the Department of Regulatory and Economic Resources or his designee in the building, plumbing, electrical, mechanical and liquefied petroleum gas categories, and by the Director of Public Works and Waste Management in the engineering category. There shall be at least two (2) examinations given each year in all categories requiring the same. Each director may designate staff standards members to assist in these examination duties as he may deem necessary. In addition, the directors may employ consultants to advise and assist in the preparation and grading of examinations, and, upon approval of the County Commission, may contract for the preparation and grading of examinations with recognized and approved agencies qualified in the preparation and grading of such examinations, all within budgetary limitations. Upon completion of the grading, the directors shall certify to the Board the names of the applicants passing the examination. The directors shall submit quarterly reports to the Board of County Commissioners, such reports to list the number of applicants passing and failing the examinations given during the quarter concerned. 1498

167 CONTRACTORS The directors shall be responsible for the annual review and improvement of all examinations, in order that such examinations are fair and comprehensive and indicative of current practices and codes. The general standards of examination for certificates of competency shall be as follows: (a) (b) (c) Each applicant shall be examined by an objective written test, except for cases of language difficulty, or other impediments, for which special provision is made pursuant to Section of this Code, as to his fitness to be granted the type of certificate applied for. The passing grade for journeyman examinations shall be seventy-five (75) percent. The passing grade shall be seventy (70) percent for all other examinations unless a different passing grade is established by the directors in advance of the examination, and if a passing grade other than seventy (70) percent is so established, the notice of examination posted pursuant to Section of this Code shall specify such passing grade. The examination shall be made with reference to knowledge of such portions of the Florida Building Code or other rules, laws or principles as may be relevant to the trade or specialty involved. (d) The written examination shall be of a multiple choice, fill-in or true-false character or may include or consist of diagrams, plans or sketches upon or in connection with which the applicant is required to demonstrate his knowledge of circuits, installations or the like by answering true-false, multiple-choice or one (1) word fill-in questions keyed to such diagrams, plans or sketches. (Ord. No , ; Ord. No , 13, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 1, ) Sec Same Special standards. (a) Special standards or kinds of examination for particular trades or specialties may be established by the directors, but such special standards or kinds of examination shall not be effective unless and until approved by the County Commission. (b) Additional specialty contractors classifications requiring written examinations may be established, or existing specialty contractors classifications abolished by approval of the Miami- Dade County Board of County Commissioners after recommendation of the Board defining the classification and scope of work thereof and all applicants within a particular class, trade or specialty shall receive equal treatment. (c) Because of the possibility of this chapter failing to cover many uncontemplated classifications of specialty contractors, the Board may, without further approval of the Board of County Commissioners, provide additional classifications of specialty contractors that do not need such technical knowledge as to require either written or oral examination in order to determine their proficiency in the craft concerned. The Board shall define such classification and scope of work thereof. Such a contractor shall have a qualifying agent that meets the reasonable standards and qualifications as prescribed by the Board at the time the board establishes such a classification and such reasonable standards and qualifications shall be based upon experience in the craft or trade. The Board may redefine and change or modify the type of work for such established unexamined classifications and abolish the same as experience with such a previously established classification may justify. (Ord. No , ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 14, 15, ; Ord. No , 1, ) Sec Same Reexamination. If the applicant shall fail to achieve a passing grade upon the examination, no certificate of competency shall be granted, but such failure shall not preclude the applicant from taking any 1499

168 10-10 MIAMI-DADE COUNTY CODE subsequent examination upon proper application or amended application therefor when accompanied by the fee hereinabove provided. (Ord. No , ; Ord. No , 1, ) Sec Same Provision for language difficulty. If the applicant shall have difficulty with the written or spoken English language, or other impediment or affliction, which shall not impair his competency in the grade concerned but which seriously impairs his ability to demonstrate his competency verbally or in writing, special provisions shall be made through an interpreter or otherwise, for the administering of the written or oral parts of the examination to such person. (Ord. No , ; Ord. No , 16, ; Ord. No , 1, ) Sec Same Notice. Notice of examination, with a brief description of the subject matter to be covered, shall be posted conspicuously on a bulletin board at the department concerned at least sixty (60) days before the examination. The posting of such notice and the date when posted shall be attested to by the appropriate director and kept with the records of the Board. (Ord. No , ; Ord. No , 1, ) Sec Certificates nontransferable; term; renewal; reactivation and status of certificates; conditions of renewal. (a) Transferability of certificates. The certificates issued pursuant to the provisions of this chapter shall be nontransferable. All certificates shall expire on the last day of September All certificates or renewals applied for or issued subsequent to September 1999 shall be issued for an initial period of twelve (12), eighteen (18), twentyfour (24) or thirty (30) months, after which time each renewal shall be valid for twenty-four (24) months. (b) Renewal, reactivation, reinstatement, and status of certificates. (1) Certificates in active or voluntary inactive status must be renewed prior to their expiration date(s). The Department of Regulatory and Economic Resources (the Department) shall renew a certificate in active or voluntary inactive status after January 1, 1996, upon receipt of a completed renewal application and payment of fees established by separate administrative order, provided the certificate holder has earned sixteen (16) hours of continuing education credit during the term then expiring. The list of approved classes for continuing education credit shall be posted in the Department. The department may establish penalty fees by administrative order for renewal applications submitted after the certificate expiration date(s). (2) A certificate holder may request that his or her certificate be placed in voluntary inactive status by making application to the department, paying the required fee as established by administrative order, and obtaining prior approval by the Board or a division thereof. a. A certificate holder may not elect voluntary inactive status if fines and fees imposed by the Board or a division thereof, a hearing officer under Chapter 8CC of this Code, or a civil or criminal court judge relating to his or her work in the trade, remain unpaid or are the subject of an investigation initiated by the Board, a division thereof, or the department. b. During the period of time in which the certificate is in voluntary inactive status, the certificate holder shall not engage in contracting. Tradesmen shall not act in the capacity of either a master, journeyman or maintenanceman, as defined under this chapter, while a certificate is in voluntary inactive status. c. The holder of a certificate in voluntary inactive status shall be re- 1500

169 CONTRACTORS quired to pay the regular renewal fee for certification to revert to active status. (3) Failure to renew an active or voluntary inactive certificate at the time of renewal will result in the certificate being classified as involuntary inactive. a. A certificate which has become involuntary inactive under this subsection, and which has not become null and void as described in subsection (3)b., below, may be reactivated by application to the department; payment of an application fee established by administrative order for reactivation; and, by satisfactory proof to the Board or a division thereof that the certificate holder has submitted payment of the current renewal fee; payment of renewal fees as established by administrative order for each renewal period in which the certificate was involuntary inactive; payment of any penalty fees as established by administrative order; and completion of up to eight (8) classroom hours of continuing education for each year the certificate was inactive, as specified by the Board or a division thereof. b. Failure to reactivate an involuntary inactive certificate after two (2) consecutive renewal periods have lapsed will result in the certificate becoming null and void without further action of the Board. (4) The holder of a certificate which has become null and void may reapply to the Board or a division thereof for certification in accordance with this chapter. (5) When a contractor, qualifying agent or tradesman has been disciplined by the Board and the penalty imposed was a reprimand, monetary fine or restitution, or any combination of these penalties, the contractor, qualifying agent or tradesman shall submit to the Board sixty (60) days prior to the date the certificate is to expire in each renewal cycle, credit reports on the contractor, qualifying agent or tradesman to establish that he or she is otherwise maintaining the affirmative conditions of honesty, integrity and good character necessary for the issuance of a certificate. Failure to submit the credit report as required will result in the administrative suspension of the certificate until such time it is submitted and considered by the Board or a division thereof. (6) When a contractor, qualifying agent or tradesman has been disciplined by the Board or a division thereof and the penalty imposed is suspension of the certificate of competency for a period of time, the contractor, qualifying agent or tradesman shall submit to the Board sixty (60) days prior to the expiration of the term of suspension and each certificate renewal cycle a credit report on the contractor, qualifying agent or tradesman to establish that he or she is otherwise maintaining the affirmative conditions of honesty, integrity and good character necessary for the issuance of a certificate. Failure to submit the credit report as required will result in the administrative suspension of the certificate until such time it is submitted and considered by the Board. (7) Upon filing a renewal application, after January 1, 1996 holders of personal certificates of competency as a maintenanceman, journeyman, or master who is not also a qualifying agent, or holders of a certificate of eligibility, whether in active or inactive status, must establish continuous employment in the trade by maintaining copies of all W-2 forms or other documents required to be filed by the Internal Revenue Service with their personal income tax return for the term about to expire. The certificate may be placed in involuntary inactive status if the required documentation as defined in Subsection is not maintained. Certificate holders who have not maintained continuous employment in the trade with a contract or who have discontinued working in the 1501

170 10-13 MIAMI-DADE COUNTY CODE trade for a period of twelve (12) months during the term of the certificate about to expire, shall have their certificates placed in involuntary inactive status unless they can show good cause to the board or a division thereof why they should continue in active status. This subsection shall not apply to municipal of county plan reviewers, building inspectors or building officials, who are actively employed during the term about to expire. a. A certificate which has become involuntary inactive under this subsection and has not become null and void may be reactivated by application to the department; payment of an application fee for reactivation as established by separate administrative order; satisfactory proof to the board or a division thereof that the certificate holder has obtained employment in the trade and maintained a reputation for honesty, integrity and good character; payment of the current renewal fee, renewal fees for each renewal period in which the certificate was involuntary inactive and any penalty fees established by separate administrative order; and, completion of up to eight (8) classroom hours of continuous education for each year the certificate was inactive as specified by the board or a division thereof. (8) A qualifying agent who has reached the age of 65 may renew his/her certificate of competency at no cost and shall be excused from the continuing education requirement provided for in Section , provided that the qualifying agent has held the certificate of competency for at least 20 years, and has never been found guilty by the Construction Trades Qualifying Board, Board of Rules and Appeals, or a Special Master Appeal Hearing Officer, of a criminal/civil violation pertaining to this Code or Florida Statute 489. The qualifying agent shall apply in person for the subject renewal. (c) Voluntary Inactive Status of Armed Forces Members. Any member of the Armed Forces of the United States on active duty who requests voluntary inactive status and provides documentation to the Board and, at the time of becoming such a member, was entitled to practice or engage in his or her trade in Miami-Dade County and whose license was in good standing with the Board and is no longer acting as a contractor for profit, shall be kept in good standing by the Board without renewing or paying the regular renewal fee and shall not be required to complete continuing education requirements as long as he or she is a member of the Armed Forces of the United States on active duty and for a period of six (6) months after discharge from active duty. (Ord. No , ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Continuing education. (a) Requirements for certificate holders. Each person who is certified by the Board as a maintenanceman, journeyman, a master who is not also a qualifying agent, holders of a certificate of eligibility, or a qualifying agent not registered under F.S. 489, Part I or II in active status, must, as a condition of each renewal of the certificate after January 1, 1996, maintain proof of completion of continuing education hours in one (1) or more courses approved by the Board in accordance with the rules adopted by the Board. The Board shall also accept continuing education credits earned by attending courses approved by the Florida Construction Industry Licensing Board and the Florida Electrical Contractors' Licensing Board, provided the course is also Miami-Dade County approved. (1) For the purposes of continuing education, each certificate of eligibility is to be effective for one (1) term, which begins on the date of the Board's approval of certification and ends on the certificate's date of expiration. In no event shall a certificate be valid for more than twenty-four (24) months. 1502

171 CONTRACTORS (2) A certificate-holder who holds more than one (1) certificate issued by the Board is required to complete the continuing education requirements only once during each term. Proof of completion by any such person must be filed with the department prior to the submittal of each renewal application. (3) A certificate-holder is not required to complete any continuing education requirements for the term in which a certificate is initially issued. (4) An individual holding a personal certificate of competency or a personal certificate of eligibility in inactive status may defer the continuing education requirement of this chapter for one (1) or more renewal periods until such time as the individual applies to the Board for active status. Deferral of the continuing education requirement shall not prevent the personal certificate holder from renewing his or her certificate. Any individual with a personal certificate in inactive status who applies to the Board to place the certificate in active status must provide proof of having satisfied any deferred continuing education. The Board may not waive any deferred continuing education. (5) Board members who are qualifying agents of contractors licensed pursuant to this chapter shall earn one (1) credit hour of continuing education for each meeting of the Board attended up to a maximum of five (5) credit hours each year. Certificate holders who are not members of the Board shall earn three (3) credit hours of continuing education for each meeting of the Board attended in which disciplinary cases are considered up to a maximum of three (3) credit hours each term. Proof of attendance must be recorded at the beginning and end of each meeting by the Clerk of the Board. (b) Registration of course sponsors. (1) Any person or legal entity who seeks to conduct a course, seminar or other program of instruction intended to be offered for the purpose of enabling participants to earn continuing education hours under this chapter shall apply to the Board for registration as a course sponsor. (2) In order to register as a course sponsor, the person or legal entity must submit an application for approval on a form and in a manner approved by the Board with payment of the registration fee established by separate administrative order. (3) The course sponsor registration is valid for two (2) years from the date of issue. (c) Approval of continuing education courses. (1) Any registered course sponsor may submit an application for approval of a continuing education course. (2) The application for approval of a continuing education course shall be submitted on a form approved by the Board with payment of the fee established by separate administrative order. (3) The continuing education course approval is valid for two (2) years from the date of approval. (d) Discipline of course sponsors. (1) If, at any time, a partner, owner, director, officer or duly-appointed representative of a course sponsor falsifies or fraudulently misrepresents any information which is provided to the Board or, in the alternative, violates any of the provisions of Chapter 10 of the Code of Miami-Dade County (or the Board's rules and regulations promulgated thereunder) it shall be deemed a violation of Section of this Code, punishable in the manners provided in that Section, with penalties to include revocation or suspension of the course sponsor registration. (Ord. No , 1, ; Ord. No , 1, ) Editor s note Ord. No , 1, adopted Oct. 19, 1993, repealed Ord. No , enacted July 15, 1993, from which the provisions of former , relative to construction trade identification card requirements, derived. Subsequently, Ord. No added a new

172 10-14 MIAMI-DADE COUNTY CODE Sec Grounds for discipline; penalties and enforcement. (a) Either division of the Board or a disciplinary action panel appointed pursuant to this chapter may discipline the holder of any certificate of competency issued to a contractor, journeyman, master, maintenanceman, installer, or technician as well as the holder of any certificate of eligibility to act as a qualifying agent by suspending, revoking or denying renewal of the certificate, by issuing a fine or a reprimand; or, by placing the contractor on probation for a period of time and subject to such conditions as either division of the Board or disciplinary action panel may specify, including, but not limited to, requiring the contractor to work under the supervision of another contractor after notice and reasonable opportunity to be heard, if it is found that: (1) The certificate was fraudulently obtained or erroneously issued. (2) The holder of the certificate or any member or employee of the firm, or any officer or director, if a corporation, has violated any of the provisions of this chapter or the rules adopted pursuant thereto. (3) The holder of the certificate of competency has failed to maintain the insurance required by Section The Board may reinstate any certificate revoked for failure to maintain insurance at such times as the holder of the certificate furnishes proof satisfactory that the insurance requirements have been complied with. Moreover, permits may be denied to those contractors without the required insurance. (4) The holder of the certificate or any member or employee of the firm, or any officer or director, if a corporation, has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. (b) Either division of the Board, or disciplinary action panel may discipline any person, firm or corporation not possessing a certificate issued by the Board, or by the Florida Construction Industry Licensing Board or by the Florida Electrical Contractors' Licensing Board, engaging in contracting or in a trade, to the same extent as a certified person. Moreover, any uncertified person who is found guilty by either division of the Board or a disciplinary action panel, a criminal court judge or a hearing officer under Chapter 8CC of this Code of contracting may be denied certification by the Board. (Ord. No , ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Procedure for imposition of discipline; review of adverse decision; payment of fines; recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (a) The Secretary of the Board or his designee, for good cause, may, upon his own motion, or upon a complaint in writing of any person, investigate or cause to be investigated the complaints against any person, firm, corporation, joint venture, contractor, or employee, officer or director of a contractor, or any holder of a certificate of competency or certificate of eligibility to act as qualifying agent or tradesman within the meaning of this chapter and submit a written or oral report to a probable cause panel; however, no such investigation or report shall be required. Upon the Secretary discovering that a contractor holding a certificate of competency has been adjudicated bankrupt or such contractor has filed a voluntary petition under State or federal bankruptcy or insolvency statutes or has made assignment for the benefit of creditors, or upon the Secretary discovering that such contractor has failed to keep in force the insurance policy required in Section 10-19, the Secretary of the Board or his designee shall immediately report the matter to the Board. (b) The probable cause panel shall decide whether the report or complaint establishes that probable cause exists to support a finding that a 1504

173 CONTRACTORS violation of this chapter or the rules promulgated thereunder has been committed and if so, shall take one (1) or more of the following actions: (1) Instruct the Secretary of the Board or his designee to send a letter of guidance by registered or certified mail to the contractor or employee, partner, director, officer and/or qualifying agent at their last known address. (2) Instruct the Secretary or his designee to send a letter to the certificate of competency holder or holders and the qualifying agent or agents or to the certificate of eligibility holder or holders, setting out the name of the complainant; the alleged offense and the approximate time of the commission; the Section(s) of this chapter alleged to be violated; notifying them to appear before either division of the Board or disciplinary action panel of the Board at a time and place fixed, not sooner than twenty (20) days from the date of service of the letter; to show cause why their certificate should not be suspended or revoked, a letter of reprimand issued, or why a fine and costs should not be imposed; advising that they may be represented by an attorney, that they should bring all original documents and other data that may be pertinent to the case and that they will be given an opportunity to present such witnesses and evidence they deem appropriate. Service shall be made by certified mail, return receipt requested, and regular mail to the last known business address as shown by the Board's records or by posting of the letter on these same premises. (3) Refer the matter to the State Attorney or County Attorney for appropriate action. (c) The administrative hearing provided for above shall be open to the public. (d) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. (e) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if a division or disciplinary action panel as determined by Board rule finds it competent and reliable, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (f) (1) Each party may have the following rights: To call and examine witnesses; to introduce exhibits; to crossexamine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to im peach any witness regardless of which party first called him to testify; and to rebut the evidence against him. (2) In order to make a decision of guilt, a division or disciplinary action panel must find that the weight of substantial competent evidence indicates that the person charged has violated the Sections of this Code as charged. Before imposing a penalty, the division or disciplinary action panel may consider mitigating circumstances presented through testimony and evidence. A sincere offer to make full restitution to the injured property owner may be considered as a mitigating circumstance. (g) A decision shall be made at the close of the hearing. The division or disciplinary action panel shall make a finding of guilty or not guilty as to each charge. The division or disciplinary action panel shall impose one (1) or more of the following penalties on each charge for which a finding of guilty is made: (1) Suspension of the certificate, stating time. (2) Revocation of the certificate, naming the effective date. After revocation, the certif- 1505

174 10-15 MIAMI-DADE COUNTY CODE icate may only be renewed or reissued after a period of at least one (1) year and upon a showing of rehabilitation of the former certificate holder. (3) Official letter of reprimand to become a part of the certificate holder's permanent file. (4) Imposition of an administrative fine up to, but not to exceed five thousand dollars ($5,000.00) on each of the charges upon which a certificate holder has been found guilty by the division or disciplinary action panel. The penalty of suspension, revocation and reprimand authorized in Sections 10-15(g)(1), (2) and (3) above. a. Fines assessed by a division or disciplinary action panel pursuant to this chapter and any administrative costs are due and payable to the Department of Regulatory and Economic Resources on the last day of the period allowed for the filing of an appeal from the division's or disciplinary action panel's decision, unless a specific time for payment is stated in the order, or, if proper appeal has been made, when the appeal has been finally decided adversely to the named violator. b. If a certificate holders fails to pay the fines and administrative costs as assessed by the division or disciplinary action panel, the certificate of such a person or firm shall be administratively suspended until the fine and costs have been paid, and the certificate holder and all municipalities will be so notified. Failure to pay a fine or administrative costs within the time specified in this section or the division's or the disciplinary action panel's order shall result in the assessment of an interest payment at an annual percentage rate of eighteen (18) percent. The interest payment shall begin to accrue from the date immediately succeeding the due date of the fine and administrative costs. c. The Miami-Dade County Department of Regulatory and Economic Resources or Public Works and Waste Management Department may institute proceedings in a court of competent jurisdiction to compel payment of fines or administrative costs imposed by the division or disciplinary action panel. d. A certified copy of the division's or disciplinary action panel's decision imposing a fine or administrative costs may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the individual or entity fined by the division or disciplinary action panel; and, it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien. (5) Restitution to complaining parties. In cases where restitution is ordered, the restitution shall be paid on or before the last day of the period allowed for the filing of an appeal from the division's or disciplinary action panel's decision unless a specific time for payment is stated in the order, or if proper appeal has been made, when the appeal has been finally decided adversely to the named violator. (6) Notwithstanding any other provision of this chapter, a violation of Section 105 of the Florida Building Code shall result in an administrative fine of five hundred dollars ($500.00). 1506

175 CONTRACTORS (h) Notice of guilty decisions shall be mailed to all municipalities within Miami-Dade County and to the certificate holder at his last known address. (i) Any party aggrieved by a division's or disciplinary action panel's decision may have such decision reviewed by the filing of a direct appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, for a review of the record upon which the decision is based, in accordance with the procedure and within time provided by the Florida Rules of Appellate Procedure for the review of the rulings of any commission or Board, which rules of practice and procedure are hereby adopted. For such purposes, the secretary of the Board shall make a available for public inspection and copying the record of each such decision to be reviewed; provided, such secretary may make a reasonable charge commensurate with the cost, in the event he is able to and does furnish copies of all or a portion of such Board's record. Prior to certifying a copy of any record or portion thereof, the secretary or his designee shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions thereof requested, and shall make a charge of not more than actual copying costs per page, instrument or exhibit; provided the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established. (j) In addition to any fines imposed under Section 10-15(g), the Department may recover any administrative costs associated with investigating and resolving complaints which give rise to any disciplinary proceeding resulting in a finding of guilty or any settlement agreement pursuant to Section of this Code. (Ord. No , ; Ord. No , 1, ; Ord. No , 18, 19, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 84-6, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Settlement agreements. At any time prior to the close of the hearing provided for in Section 10-15, the Director of the Miami-Dade County Department of Regulatory and Economic Resources and the Director of Miami- Dade County Public Works and Waste Management Department or their designees may negotiate a settlement agreement with any person charged with a violation under this chapter. Such settlement shall be presented to the division, and if approved by a majority of the division members shall be in lieu of any other discipline on the pending charges. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ) Sec Administrative suspension. (a) The Director of the Department of Regulatory and Economic Resources shall suspend the certificate of competency or the certificate of eligibility of any person or firm who has accumulated points as provided in the following schedule: (1) For ten (10) points earned within a consecutive twelve-month period, the suspension shall be for a period of three (3) months. (2) For sixteen (16) points earned within a consecutive eighteenth-month period inclusive of points earned under paragraph (a)(1), the suspension shall be for a period of six (6) months. (3) For twenty (20) points earned within a consecutive twenty-four-month period, inclusive of points earned under paragraph (a)(2), the suspension shall be for a period of nine (9) months. (4) For twenty-six (26) points earned within a consecutive thirty-six-month period, inclusive of points earned under paragraph (a)(3), the suspension shall be for a period of twelve (12) months. (b) Points shall be assessed as follows: (1) Convictions of violation of Section 10-22(d) or Section (b) Six (6) points. 1507

176 MIAMI-DADE COUNTY CODE (2) Conviction of violation of Section 10-2 Eight (8) points. (3) Conviction of violation of Section 10-4 Two (2) points. (4) Conviction of violation of Section 301, Florida Building Code Ten (10) points. (5) Conviction of violation of Section 201.1(e), Florida Building Code Ten (10) points. (6) Conviction of violation of Section 8-14, Code of Miami-Dade County Six (6) points. (7) Conviction of violation of Section 8-16, Code of Miami-Dade County Six (6) points. (8) Conviction of Section 109.6, Florida Building Code Six (6) points. (9) Suspension or revocation of certificate by Florida Construction Industry Licensing Board or Florida Electrical Contractors' Licensing Board Ten (10) points. (c) For the purposes of this Section , conviction shall be deemed to mean (i) conviction by County Court or Circuit Judge or jury; or (ii) the entry of a guilty plea to a County Court or Circuit Court proceeding; or (iii) payment of a civil penalty for any violation of this chapter pursuant to the provisions of Chapter 8CC, Code of Miami-Dade County; or (iv) a finding of violation by a hearing officer in a proceeding conducted pursuant to Chapter 8CC, Code of Miami-Dade County; or (v) entry of a guilty plea to such a proceeding. For the purposes of this Section , conviction shall be deemed to have occurred when the time for filing direct appeals shall have expired and no appeal has been filed or when the last appropriate court with jurisdiction to hear direct appeals shall have issued its ruling. (d) The Director of the Miami-Dade County Department of Regulatory and Economic Resources shall notify the holder of each certificate administratively suspended pursuant to this Section (e) The holder of any certificate suspended pursuant to this Section may request in writing that the appropriate division of the Board reinstate the certificate at its first available meeting. The Division may reinstate the certificate upon a finding that the certificate was suspended due to clerical error. (Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 2, ; Ord. No , 1, ) Sec Certificate holders maintaining qualification; revocation upon failure to maintain. (a) Whenever a certificate holder fails to maintain any of the qualifications required for the issuance of such certificate, such certificate holder shall report such lack of qualifications to the Board whereupon the Board may, after notice and hearing as provided in this chapter, suspend or revoke the certificate. (b) If a contractor fails at any time to have a qualifying agent, such contractor's certificate is automatically revoked, provided that upon the contractor's written application, the Board, for good cause, may grant the contractor the right to continue in business for a period of time up to thirty (30) days after the next examination for the type of qualifying agent involved, provided an examination is required. If no examination is required, the Board, upon written application, may for good cause, grant the contractor the right to continue in business for a period not to exceed sixty (60) days. Such right to continue business shall only be granted by the Board, if it is found by the Board that such continuance would not be contrary to the public health, welfare and safety. (Ord. No , ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 5, ) Sec Procedure for correction of errors in issuance of certificates. (a) Notwithstanding the provisions of the foregoing sections, when any certificate of competency shall have been issued or shall be outstanding because of error of law or of fact, or because of administrative error, the Board may revoke or correct such certificate upon notice and reasonable opportunity to be heard, but without charges, 1508

177 CONTRACTORS findings, or other formal requirements, and failure to return such certificate to the Board upon demand therefor shall be a violation of this chapter. (b) Further, and notwithstanding the provisions of the foregoing sections, the Board may correct an error of law, or of fact, or an administrative error which resulted in the denial of the issuance of a proper certificate of competency whether such error was the result of the action of the current Board or of a prior Miami-Dade County Examining Board. (Ord. No , ; Ord. No , 21, ; Ord. No , 1, ) Sec Certificates prerequisite to issuance of occupational licenses. Whenever a municipal or County occupational license is required of any contractor, no such occupational license shall be issued unless the applicant shall first procure from the Board a current certificate of competency and shall present a copy to the appropriate licensing officer. (Ord. No , 17.09, ; Ord. No , 1, ) Sec Insurance requirements. All contractors holding certificates of competency issued pursuant to this chapter shall maintain at all times with an insurance company authorized to do business in the State of Florida public liability insurance with limits of liability not less than three hundred thousand dollars ($300,000.00) per accident or occurrence for bodily injury and fifty thousand dollars ($50,000.00) per accident for property damage. It shall be the responsibility of all persons holding certificates of competency issued pursuant to this chapter or the Florida Statutes and doing business within Miami- Dade County, Florida, to ensure that the originals of certificates, signed by a qualified agent of the insurer, shall be filed with the Secretary of the Board showing the name of the insurer, the type of policy issued, the policy number, the inception and expiration dates of the policy, and the limits of liability, and that the Secretary of the Board or his designee will be notified by registered or certified mail of any material change in the policy or its cancellation. The insurance shall provide by endorsement of the policy that the insurer shall notify the Secretary of the Board by certified or registered mail of the intent to cancel the policy for any reason, at least thirty (30) days prior to such cancellation. When a contractor holding a certificate of competency issued pursuant to this chapter cancels the insurance required by this section or is notified by his insurer that such insurance is being canceled, the contractor will immediately submit to the Secretary of the Board or his designee a list of outstanding permits which he has been issued but for which the work thereunder has not yet been completed. Such list will include the permit number, address of the work under permit and the name of the agency issuing the permit, together with an estimate of the percentage of the work that has been completed under the outstanding permits; provided, however, that no such list will be required if the contractor whose insurance has been canceled has already obtained the required insurance from an alternate insurer and has filed the above required certificate from the insurer. By affixing his signature to any application for a permit, the qualifying agent for a contractor will be considered to have thereby certified that the insurance required by this section has been obtained by the contractor he qualifies and that such insurance is in full force and effect. A binder signed by a qualified agent of the insurer, indicating compliance with the foregoing requirements may be accepted in lieu of a certificate for a period not to exceed thirty (30) days. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Business records requirements. All contractors holding certificates of competency issued pursuant to this chapter shall maintain complete financial and business records for the immediately preceding three (3) years. The business and financial records to be maintained shall include minutes of corporate meetings, business contracts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled 1509

178 MIAMI-DADE COUNTY CODE checks, records of account receivable and payable, financial statements, loan documents, tax returns and all other business and financial records the contractor maintains in the regular course of business. (Ord. No , 1, ) Sec Construction Trades Qualifying Board. (A) Membership, appointment, qualifications, Secretary, compensation. There is hereby established a Construction Trades Qualifying Board consisting of twenty-seven (27) members appointed by the Board of County Commissioners. The membership shall be comprised of two (2) registered architects, two (2) registered engineers, and the qualifying agents of each of the following types of contractors holding a certificate of competency pursuant to this chapter issued by Division A or Division B of the Miami-Dade County Construction Trades Qualifying Board: Four (4) general contractors, two (2) engineering contractors, three (3) electrical contractors, three (3) plumbing contractors, two (2) mechanical contractors, two (2) roofing contractors, one (1) contractor certified in both swimming pool piping and swimming pool maintenance (commercial) categories, one (1) liquefied petroleum installation contractor, one (1) swimming pool contractor, and four (4) members from the general public with each member to have one (1) vote. Those individuals appointed as alternate members of the Board and currently serving in that capacity on the effective date of Ordinance No shall automatically be appointed as regular members for the duration of the terms for which they were appointed as alternates. If a contractor having a Miami-Dade County certificate of competency at the time of his appointment fails to renew or maintain that certification, he will be disqualified from membership on the Board and a replacement appointed by the Board of County Commissioners. Any member of the Board on the effective date of Ordinance No who does not have a Miami-Dade County certificate of competency shall be permitted to remain on the Board until the expiration of his or her current term. All members shall reside in and have principal places of business in Miami-Dade County. All members shall have been active in their respective professions or trades in the County for a minimum of ten (10) years but not necessarily a qualifying agent during all of said ten-year period. The Director of the Department of Regulatory and Economic Resources shall serve as Secretary to the Board but shall have no vote. The Director shall be permitted to designate a staff member to serve in his stead and there shall be a Clerk to the Board appointed by the Secretary, but the Clerk shall have no vote. Members of the Board shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties upon approval of the County Commission. (B) Terms of office; vacancies. (1) The Board members shall be appointed for a term of three (3) years, or until their successors are appointed and qualified, except that the terms of the members of the first Board appointed and their alternates shall be staggered as provided in the County Commission resolution of appointment. (2) Any member of the Board may be removed from office by a majority vote of the entire County Commission. (3) Any vacancy occurring during the unexpired term of office of any Board member shall be filled by the County Commission for the unexpired term within thirty (30) days after such vacancy occurs. (C) Organization of Board. (1) The Board shall elect a Chairman and Vice-Chairman and such other officers as may be necessary from among its members. Terms of all offices shall be for one (1) year. 1510

179 CONTRACTORS (2) The Board shall be divided into Division A and Division B, as follows, for the purposes hereinafter provided: (a) Division A to consist of the three (3) general contractors, two (2) engineering contractors, two (2) architects, and two (2) roofing contractors, two (2) registered engineers, one (1) swimming pool contractor and two (2) members from the general public. (b) Division B to consist of the three (3) electrical contractors, three (3) plumbing contractors, two (2) mechanical contractors, one (1) liquefied petroleum installation contractor, one (1) swimming pool piping and maintenance (commercial) contractor, one (1) general contractor and two (2) members from the general public. (c) Each division shall elect a Chairman and Vice-Chairman and such other officers as may be necessary from among its members. Terms of all officers shall be for one (1) year. The Director of the Department of Regulatory and Economic Resources shall serve as Secretary for each division but shall have no vote. The Director shall be permitted to designate a staff member to serve in his stead. (3) Probable cause panels. The Chairman of each division shall appoint probable cause panels consisting of two (2) members of the division plus one (1) alternate, each of whom represents a different trade or profession than the others. Probable cause panels shall hold meetings open to the public to determine, as to each complaint which comes before the divisions, whether probable cause exists for the division or disciplinary action panel to hold a disciplinary hearing under Section Probable cause shall be determined by an affirmative decision of both panel members. The terms of all panel members shall be one (1) year. Panel members may be reappointed. (4) Disciplinary action panels. The Chairman of the Board shall appoint disciplinary action panels consisting of three (3) members of one (1) or both divisions plus one (1) alternate, each of whom represents a different trade or profession than the others. Members who served in the probable cause panel shall not be eligible for service in the disciplinary action panel for the same case. One (1) member of the panel must possess a certificate of competency in the same trade as the contractor that is the subject of the disciplinary hearing before the panel. If the contractor that is the subject of the disciplinary hearing possesses more than one (1) certificate of competency then at least one (1) panel member must possess a certificate in one (1) of the trades in which the contractor was engaged in on one (1) or more of the jobs on which contractor committed violation(s) which are the subject of the disciplinary hearing. Disciplinary action panels are empowered to conduct disciplinary hearings under Section on behalf of the divisions. A majority vote of the panel members present and voting shall be required to make a decision of guilty in any disciplinary hearing. The terms of all panel members shall be one (1) year. Panel members may be reappointed. The Board by rule shall determine when a disciplinary hearing should be presented to a Disciplinary Action Panel or a division of the Board. The determination should be made based in part on the following criteria: a. The number and severity of the alleged complaint. b. The number of cases pending resolution before the division of the Board. c. The complexity of the case. (D) Meetings. (1) The Board shall hold not less than one (1) regular meeting each year and the divisions shall hold not less than four (4) 1511

180 10-20 MIAMI-DADE COUNTY CODE regular meetings each fiscal year, one (1) in July, one (1) in October, one (1) in January, and one (1) in April. Probable cause panels shall meet as necessary. Disciplinary action panels shall meet as required by the Board upon a majority vote of the members present. (2) Meetings shall be called by the Chairman of the Board and in his absence by the Vice-Chairman of the Board or may be called by the Secretary. (3) All minutes of Board meetings shall be public records, except those portions which are of a confidential nature, such as, but not limited to, credit reports, financial statements, and communications received by the Board in respect to the applicant's qualifications. Examination questions and answers shall not constitute public records and are declared to be of a confidential nature, but any applicant may upon written request be permitted to examine his examination answers in the presence of the Board's Secretary, but shall not be entitled to remove or copy the same, except upon written consent of the Secretary. All minutes and records shall be kept in the office of the Department of Regulatory and Economic Resources, or in such other location as the Director of that Department may designate. (4) Fourteen (14) voter members of the Board shall constitute a quorum at any meeting. A majority vote of those present and voting shall be required to make any decision. (E) Additional employees in enforcement. For the purpose of administering this chapter, the Board may call upon the Department of Regulatory and Economic Resources and Public Works and Waste Management Department to furnish such employees as may be necessary to assist the Board in performing its duties. It shall be the duty of such employees to enforce the provisions of this chapter. (F) Promulgating rules; examining witnesses. The Board may make such rules and regulations consistent with the general policies of this chapter as it may deem necessary to carry out the provisions of this chapter, such rules and regulations altering provisions contained in this chapter shall be subject to the approval of the Board of County Commissioners, and may administer oaths and subpoena witnesses in the manner provided for in the County Court. Any person, firm or corporation that fails to appear in answer to a subpoena issued by the Construction Trades Qualifying Board, one (1) of the divisions thereof or a disciplinary action panel and issued over the signature of the Secretary of the Board and the Clerk of the Board, or their designee(s), shall be guilty of a violation of this section, punishable by a fine of up to five hundred dollars ($500.00) or by imprisonment for not more than sixty (60) days, or both. (G) Authority concerning applicants, etc. The Construction Trades Qualifying Board, in addition to the other authority granted to it by this chapter, shall determine if an applicant for any type of certificate meets the qualifications provided by this chapter for the particular type of certificate applied for, save and except it shall not have authority to prepare, give or grade examinations. In addition, the Board shall be empowered to decide questions of definition and interpretation of the scope of work of the various contractors, masters and journeymen, and other tradesmen covered by this chapter, and the Board shall, from time to time, make recommendations to the Board of County Commissioners for amendment or modification of this chapter as may be deemed necessary. The Board shall, at the request of the Director of Department of Regulatory and Economic Resources, or the Director of the Public Works and Waste Management Department, act in an advisory capacity in the formulation and updating of examinations. (H) Powers, duties, quorum and vote of the divisions and disciplinary action panels. The Board may interpret the provisions of this chapter to cover a special case if it appears that the provisions do not definitely cover the point raised, or that the intent of the provision is not clear, or that ambiguity exists in the wording; but it shall have no authority to grant variances where this chapter is clear and specific. The Board shall act through its divisions except as otherwise provided 1512

181 CONTRACTORS in exercising all of the powers, duties and authority herein granted to it in regard to the review and denial or approval of applicants for examination, certificates of competency and eligibility, and in regard to disciplinary action, and in the exercise of such powers, duties and authority, the divisions, shall be subject to all of the provisions, prerequisites, standards and procedures applicable thereto as established herein. In exercising such powers, duties and authority, Division A shall have jurisdiction over all building and engineering categories except in conducting disciplinary hearings and Division B shall have jurisdiction over all plumbing, electrical, mechanical and liquefied petroleum gas categories except in conducting disciplinary hearings. A simple majority of the membership of each Division in office shall be necessary to constitute a quorum. All actions shall require the affirmative vote of a majority of the members present and voting. (Ord. No , 17.11(H)(7), ; Ord. No , 1, ; Ord. No , ; Ord. No , 1, 2, ; Ord. No , 22 30, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 4, 5, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Enforcement. (a) The Director of the Miami-Dade County Department of Regulatory and Economic Resources and Public Works and Waste Management Department and his or her designees are hereby charged with the enforcement responsibilities of this chapter. (b) The Director of the Miami-Dade County Department of Regulatory and Economic Resources and Public Works and Waste Management Department and his or her designees are hereby authorized to issue citations when, based upon personal investigation, there exists reasonable grounds to believe that a violation of this chapter has occurred. (c) The Director of the Miami-Dade County Department of Regulatory and Economic Resources and Public Works and Waste Management Department or designees shall not have the power of physical arrest. (d) All law enforcement officers of the State of Florida and Miami-Dade Police Department are authorized to enforce the provisions of this chapter. (e) Municipalities may, by ordinance, resolution, or administrative order, authorize municipal employees to enforce all provisions of this section. However, the authority to discipline contractors is reserved to the Board. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 1, ) Sec Prohibited acts and omissions. It shall be unlawful for any contractor, as defined by this chapter, operating anywhere within the County, or any partner, corporate officer, corporate director, controlling stockholder, employee or qualifying agent of such contractor, to commit any one (1) or more of the following acts or omissions: (a) To contract for or do work outside of the scope of work which the contractor is authorized to perform. (1) A contractor is considered to be contracting for work beyond the scope of work which the contractor is authorized to perform when more than fifty (50) percent of the work under the contract is not within the scope of work of the contractor category in which the contractor holds a certificate of competency, or is otherwise authorized by law to perform without regard as to whether the contractor is performing the work with his or her employees or intends to subcontract the work to another entity. (2) If more than fifty (50) percent of the work to be performed under a contract does not fall within any scope of work defined under this chapter,

182 10-22 MIAMI-DADE COUNTY CODE (b) (c) (d) (e) (f) (g) then any entity may contract for or perform the work, without having to first obtain a certificate of competency, provided, any work to be performed under the contract which falls within the scope of work of a contractor category must be subcontracted to and performed by a certified contractor. Abandon without legal excuse a construction project or operation in which the contractor is engaged or under contract as a contractor. A construction project for the repair, alteration, addition or remodeling is abandoned if the contractor terminates the project without just cause, or fails to perform work without just cause for thirty (30) consecutive days. A finding of abandonment shall have no effect on the status or validity of any permits obtained for the work involved. Divert funds or property received for the execution or completion of a specific construction project or operation or for a specific purpose to any other use whatsoever. Depart from or disregard in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative, and the building official, as defined by the Florida Building Code. Disregard or violate any provision of Chapters 8, 8A, 9, 11B, 11C, 13, 15, 17, 18A, 19A, 24, 28, 32 or 33 of this Code or any provision of the Florida Building Code, as presently written and as may be hereinafter amended from time to time. Misrepresent any fact in an application or supporting papers to obtain or to renew a certificate required by this chapter. Fail to fulfill contractual obligations in connection with any contract or construction project arising out of the business for which he has been issued by this board, (h) (i) (j) (k) (l) (m) (n) (o) including, but not limited to, payment for material furnished or work or services performed. Evade or violate any of the provisions of this chapter, which may be evidenced by, but not limited to, one (1) or more of the following acts: (1) Aid or abet any person not holding a certificate of competency to evade or violate any of the provisions of this chapter; (2) Allow a certificate to be used by an unauthorized person; (3) Obtain a permit for any work in which the certificate holder does not actually supervise, direct, and control the construction or installation covered by such permit; or (4) Subcontract any work to any person, corporation or firm not holding a certificate of competency for work involved in the subcontract. Commit any fraudulent act as a certificate holder by which another is injured. Fail to supervise, direct, inspect or control all work on any construction project or operation on which the qualifying agent is engaged. Fail to maintain insurance coverage as required under Section of this Code or worker's compensation coverage as required by State Law. Fail to maintain business or financial records as required under Section of this Code. Fail to provide the disclosure required under Section of this Code. Sign a statement with respect to a construction project or contract indicating that the work is bonded, when the contractor knows or has reason to believe the work is not bonded. Make representation that worker's compensation or public liability insurance are

183 CONTRACTORS (p) (q) (r) (s) provided, when the contractor knows or has reason to believe either is not so provided. Make representation that payment has been made for subcontracted work, labor, or materials when the contractor knows or has reason to believe it has not been made. Fail to comply with a lawful stop work order issued by the Building Official or his or her duly authorized representative. Fail to perform all necessary work to correct violations specified in a warning notice, Notice of Violation, civil violation notice issued pursuant to Chapter 8CC of this Code, or other written instrument prepared by the Building Official or his or her duly authorized representative, when the contractor has had access to the property. Fail to pay a fine, administrative costs or restitution within the time specified in this chapter or in the Board's order. (t) Fail to satisfy, within a reasonable time, the terms of a civil judgment relating to the practice of contracting. (Ord. No , 17.12, ; Ord. No , 31, 32, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ) Editor s note Provisions enacted by Ord. No , adopted April 4, 1995, designated as paragraphs (m) (q), have been redesignated as paragraphs (n) (r) at the discretion of the editor to avoid duplicative lettering. Furthermore, provisions enacted by Ord. No , 1, adopted Jan. 21, 1999, designated as paragraphs (n) and (o) have been redesignated as paragraphs (s) and (t) for a similar reason. chapter, operating anywhere within the County, to commit any one (1) or more of the following acts or omissions: (a) (b) (c) (d) Perform work outside the scope of work the certificate holder is authorized to perform or to act as a contractor. Depart from or disregard in any material respect the plans or specifications of a construction job without the consent of the qualifying agent. Misrepresent any material fact in an application or supporting papers to obtain a certificate required by this chapter. Intentionally evade or violate any of the provisions of this chapter, which may be evidenced by but not limited to one (1) or more of the following acts: (1) Aid or abet any person not holding a certificate of competency to evade or violate any of the provisions of this chapter, or (2) Allow a certificate to be used by an unauthorized person. (e) Commit any fraudulent act as a certificate holder by which another is substantially injured. (Ord. No , 4, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 1, ) Sec Refund of examination fees. An application fee paid for the purpose of taking an examination as required by this chapter may be refunded to the applicant only under the following circumstances: (a) If a refund is requested prior to the application being presented to the Board for screening to determine if the applicant is eligible to take the examination, or Sec Same Journeyman, master maintenance man, etc. It shall be unlawful for any certified journeyman, master maintenance man, as defined by this (b) If upon screening the application, the Board determines that the applicant is ineligible to take any examination which the particular Board is authorized to give, or

184 10-23 MIAMI-DADE COUNTY CODE (c) If the applicant is found eligible to take an examination but prior to the examination order date thereof he notifies the Secretary of the Board in writing that he is unable to take the examination, the full fee may be refunded or applied as the fee for the next examination only which is given for the particular trade, except that if prior to the examination, but after the examination order date thereof he notifies the Secretary of the Board in writing that he is unable to take the examination, the fee will not be refunded but will be applied as the fee for the next examination only which is given for the particular trade, or (d) If an applicant for an examination has fulfilled the requirements set forth elsewhere in this section for a refund of an examination fee, that applicant must make written request for such refund, within six (6) months after the date of the examination for which he applied and a failure to do so will automatically forfeit all of the rights of the applicant to such refund of an examination fee. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 13, ; Ord. No , 1, ) Sec Occupational license, valid throughout the County for participating municipalities. In addition to collecting for, and issuing State and County occupational licenses to the various contractors provided for in this chapter, the Miami- Dade County Tax Collector shall collect for and issue one (1) occupational license to such contractors, which shall be valid in all Miami-Dade County municipalities which participate in the single license program as provided hereinafter. In addition, the Miami-Dade County Tax Collector shall issue and collect for contractors occupational licenses for those municipalities which have agreed to participate in the single license program in those instances where the applying contractor desires or is restricted to do business in one (1) or more but not all of the participating municipalities. (Ord. No. 66-2, 1, ) Editor s note Sections through are derived from Ord. No. 66-2, adopted January 1, As said ordinance did not specify the manner of codification, it has been so codified at the discretion of the editors. Sec Notice from municipalities of desire to participate. Municipalities desiring to participate in the single license program shall furnish the County Manager on or before April 15, 1966, with a certified copy of a resolution of their respective governing bodies, agreeing to participate in the single license program and to no longer collect for or issue any such license if the County, upon receipt of such resolutions from municipalities within Miami-Dade County, determines that a sufficient number of municipalities will participate to make the program feasible. Such determination is to be made on or before June 1, 1966, by the County Manager, and those municipalities that propose to participate shall be notified of the determination. (Ord. No. 66-2, 2, ) Note See note following Sec Withdrawal from participation. Any participating municipality may later withdraw from such participation by submitting to the County Manager on or before April 15 of the current license year a certified resolution of its governing body, advising its withdrawal; such withdrawal not to be effective until the expiration of the current license year. From year to year any municipality may participate in the program by submitting to the County Manager on or before April 15 of the particular year a resolution in conformance with that called for in Section hereof, together with a statement of the net amount of license fees the municipality collected during the license year, and the amount of each individual license fee charged during such license year. By June 1st of each year after 1966, if the County Manager determines there are not a sufficient number of municipalities participating to make the program feasible, he shall advise the

185 CONTRACTORS municipalities which are still participating that the program will not be continued for the next license year. (Ord. No. 66-2, 3, ) Note See the editor's note following Sec Fee schedule for County-wide license. The occupational licenses to be issued pursuant to Sections and the amount to be paid therefor are as follows: Type Amount (Effective in All Participating Municipalities) General contractor $ Sub-general contractor Sub-building contractor Specialty building contractor Plus $25.00 for each additional specialty building category listed on each certificate of competency General engineering contractor Specialty engineering contractor Plus $25.00 for each additional specialty engineering category listed on each certificate of competency Plumbing contractor Specialty plumbing contractor Plus $25.00 for each additional specialty plumbing category listed on each certificate of competency Liquid petroleum gas installation contractor Electrical contractor Specialty electrical contractor Plus $25.00 for each additional specialty electrical category listed on each certificate of competency General mechanical contractor Specialty mechanical contractor Plus $25.00 for each additional specialty mechanical category listed on each certificate of competency Amount for license in only one (1) of the participating municipalities: Same as charged by that municipality prior to participation in program. The above amounts are in addition to those collected for State and County occupational licenses pursuant to general law. (Ord. No. 66-2, 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Share of fees to participating municipalities. All participating municipalities will share in the license fees collected in the following manner: (a) Each municipality on or before April 15, 1966, shall certify to the County Manager the amount of license fees collected for its license year and the amount of each individual license fee charged during such year. (b) (c) (d) Record shall be kept of licenses issued for one (1) or more municipalities but not all who participated, and in calculating such municipalities' percentage the revenue received shall be deducted from their license revenue. All municipalities' license revenue, less revenue from individual licenses, shall be added together and each municipality's license revenue divided by the total revenue of all municipalities to arrive at each municipality's percentage of the total. Total license revenue collected minus license revenue for individual municipalities times the percentage established by (c) above will prorate the overall license revenue to each participating municipal

186 10-28 MIAMI-DADE COUNTY CODE ity. To each municipality's prorated share will be added the individual license revenue applying to that municipality only. (e) The Miami-Dade County Tax Collector shall distribute to each municipality its share of license revenue collected, based upon the above. (Ord. No. 66-2, 5, ) Note See the editor's note following Sec Effect of restricted certificate of competency. A contractor holding a "restricted" certificate of competency which restricts his right to do business in one (1) or more but not all of the participating municipalities shall be issued by the Miami- Dade County Tax Collector an occupational license for only such participating municipality or municipalities to which such contractor is restricted, for the amount charged by such municipality or municipalities for the license year of (Ord. No. 66-2, 6, ) Note See the editor's note following Sec Issuance of unrestricted certificates of competency and eligibility in exchange for restricted certificates. All holders of current certificates of competency as a contractor, master or journeyman, and all holders of current certificates of eligibility which were previously restricted under the provisions of Ordinance No to limit work in the unincorporated area of Miami-Dade County or in particular municipalities shall as of the effective date of this section be issued County-wide unrestricted certificates of competency and/or certificates of eligibility in exchange for currently held restricted certificates. (Ord. No , 1, ) Editor s note Ord. No , 1, amended Ch. 10 by adding 10-33, renumbered by the editors pursuant to authority in 2 of the ordinance, to facilitate indexing and reference. Sec Annual revision of pro rata formula. In order to provide for an annual revision of the pro rata distribution formula each participating municipality shall maintain a contractors register, which shall include the names of all contractors who do business in the municipality during the license year, which shall be from October 1 through September 30 of the following year, the type of each contractor and their respective certificate of competency numbers. At the end of each license year, each participating municipality shall deliver such register to the County Manager, who shall revise the pro rata distribution formula by calculating the amount of fees each participating municipality would have collected under its fee schedule, based on the number and type of contractors listed in the respective registers. Upon arriving at such total figure for each participating municipality, the licenses issued for the individual municipality shall be deducted and a new pro rata share for each municipality will be arrived at by calculating the percentage such individual municipality's total is to the overall total fees which would have been collected by all participating municipalities under their respective fee schedules and the distribution for the coming license year shall be based on such percentage figures. (Ord. No. 66-2, 7, ; Ord. No , 2, ) Editor s note Ord. No , 2, adopted July 25, 1967, effective ten (10) days after date of enactment, amended to read as herein set out. Prior to amendment the new pro rata share for each municipality was arrived at by calculating the percentage such individual municipality's total was to the overall total fees which were collected by all participating municipalities under their respective fee schedules. Also see the editor's note following Sec Forms to be furnished by County. The Miami-Dade County Tax Collector shall prescribe and furnish the form of the occupational license to be issued pursuant to Sections , which shall show the municipalities for which the license has been issued, and the same may be attached to the State and County occupational license. The Miami-Dade County Tax Collector may adopt reasonable rules and regulations which are in accord with Sections in order to aid its administration, subject to the approval of the County Manager. (Ord. No. 66-2, 8, ) Note See the editor's note following

187 CONTRACTORS Sec Exemptions for motion picture, television producers. This chapter does not apply to any fabrication, construction, maintenance, operation, improvement, assembly, disassembly or repair of props, temporary structures, sets, portable or temporary lighting and recording equipment and other portable or temporary devices and equipment used in motion picture or television production, or in connection therewith; provided the same are for the use of the producer only and the work is performed by the producer's employees; and provided further, that such temporary structures or sets will be disassembled and removed when the same are no longer required by the producer as a production set, or within six (6) months after their assembly or construction, whichever occurs first, provided such six-month period may be extended for a reasonable time by the Building Official of the jurisdiction and Regulation upon the showing that the same are still needed for further production and it is determined by such Building Official, after inspection, that the same have not become a nuisance, or detrimental to the public health, welfare, safety and morals; provided further, however, that in the event of a hurricane alert such structures and sets which are not erected within a permanent building shall be immediately disassembled and removed or adequately secured to prevent injury or damage to life and property. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 6, ) Editor s note Section is derived from Ord. No , 1. Said ordinance was designated but was renumbered by the editors pursuant to the authority of 2 of said ordinance. Sec Disclosure required. (A) In all contracts for repair, improvement, reconstruction, or remodeling of any structure of Group R occupancy within Miami-Dade County, the contractor shall include in the contract a notice in substantially the following form: WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT THE FOLLOWING PERSONS ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROP- ERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM THE PERSONS LISTED BELOW EVERY TIME YOU PAY YOUR CONTRACTOR: Following the above language, the contractor shall list all subcontractors and materialmen known to the contractor to be utilized in the work, any person known to the contractor to have served a Notice to Owner pursuant to the Florida Construction Lien Law, and any other person known to the contractor who, with the passage of time or the serving of notice or both, would be entitled to a construction lien over the property of the owner. By exception, the contractor shall not be obligated to list those persons with subcontracts or rendering services or supplying materials with a value not exceeding two hundred and fifty dollars ($250.00). The required notice shall be printed in not less than ten-point bold-faced type. To the extent known, the notice shall also contain the address and telephone number for each person required to be disclosed. (B) The contractor shall be obligated to update the above list by the issuance of a rider to the construction contract within thirty (30) days of obtaining any information which renders the initial list incomplete or inaccurate, including the engagement of additional subcontractors or materialmen. (C) This section shall be inapplicable to any contract in which the owner is the United States government, the State of Florida, or any county, city or political subdivision thereof, or other public authority. (D) The requirements of this section shall be in addition to and not in substitution or derogation of any notices required to be given under the Construction Lien Law of the State of Florida. (Ord. No , 1, ; Ord. No , 1, ) Sec Required provisions and disclosures in contracts for residential repair, alteration, addition or remodeling of a residential structure. (a) In all contracts for the repair, alteration, addition or remodeling of a residential structure of Group R occupancy within Miami-Dade County,

188 MIAMI-DADE COUNTY CODE which contracts exceed the sum of $5, and which involve work for which permits must be obtained, the contractor shall include in the contract in bold capitalized letters of at least 12-point type the following provisions and disclosures in substantially the form described below: (i) YOU ARE ADVISED THAT THE COUNTY CONSTRUCTION TRADES QUALIFY- ING BOARD AND THE BUILDING AND ZONING DEPARTMENT OF MIAMI- DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MAY HAVE INFORMATION ON FILE CONCERNING THE FINANCIAL RE- SPONSIBILITY AND ANY COMPLAINTS AND INVESTIGATIONS PERTAINING TO THE WORK OF THIS CONTRAC- TOR. THE PUBLIC RECORDS OF THE COUNTY ARE AVAILABLE FOR INSPEC- TION AND COPYING. (v) (vi) NISHED UPON REQUEST, IF YOU SO WISH TO PURCHASE SUCH PROTEC- TION. YOU ARE ADVISED THAT IN ORDER TO PROTECT YOURSELF, YOU MAY REQUEST THAT THIS CONTRACT CON- TAIN A WORK COMPLETION DATE, IN THE ABSENCE OF A COMPLETION DATE, YOU MAY REQUEST THAT IN- TERIM MILESTONES OR TIME PERI- ODS BE ESTABLISHED FOR COMPLE- TION OF PORTIONS OF THE WORK. WITH LIMITED EXCEPTIONS PRO- VIDED BY LAW, THE WORK YOU ARE CONTRACTING FOR MUST BE PER- FORMED BY A STATE OF FLORIDA CERTIFIED CONTRACTOR OR A MI- AMI COUNTY CERTIFIED CONTRAC- TOR WHO IS ALSO REGISTERED WITH THE STATE. (ii) YOU ARE ALSO ADVISED THAT THIS CONTRACTOR HAS PUBLIC LIABIL- ITY INSURANCE AND WORKERS COM- PENSATION INSURANCE THROUGH [NAME OF INSURERS] UNDER POL- ICY NUMBERS [NUMBERS], WITH EX- PIRATION DATES OF [DATES] AND LIMITS OF LIABILITY IN THE AMOUNTS OF [NUMBERS]. (iii) YOU ARE ADVISED THAT IN ORDER TO PROTECT YOURSELF, YOU MAY REQUEST THAT THIS CONTRACT AL- LOW FOR PAYMENTS TO THE CON- TRACTOR TO BE CONDITIONED UPON THE CONTRACTOR OBTAINING AND PASSING MANDATORY INSPECTIONS. (vii) YOU ARE FURTHER ADVISED THAT IF, AFTER OBTAINING A PERMIT FOR THE WORK, YOUR CONTRACTOR TER- MINATES THIS PROJECT WITHOUT JUST CAUSE OR FAILS TO PERFORM WORK WITHOUT JUST CAUSE FOR 30 CONSECUTIVE DAYS, THE PROJECT MAY BE CONSIDERED ABANDONED. ABANDONMENT CONSTITUTES A PEN- ALTY FOR WHICH A CONTRACTOR MAY BE DISCIPLINED BY THE STATE OR BY THE COUNTY. (Ord. No , 3, ; Ord. No , 1, ) (iv) YOU ARE ADVISED THAT YOU MAY PAY THE COST OF PURCHASING A CONTRACTOR'S PAYMENT BOND OR OTHER SECURITY, TO COVER PAY- MENTS TO SUBCONTRACTORS AND MATERIAL SUPPLIERS, IN THE EVENT THIS CONTRACTOR FAILS TO DO SO, A COPY OF THOSE DOCUMENTS WHICH PROTECT YOU WILL BE FUR

189 CONTRACTORS ARTICLE II. BIDDING ON PUBLIC PROJECTS* Sec Applicability of article. (a) To County government. The provisions of this article shall be applicable to all departments, agencies and instrumentalities, instrumentalities and legal entities created by the Board of County Commissioners of Miami-Dade County, Florida. (b) To municipalities. Unless specifically adopted by a municipality, this article does not apply to any municipality. (Ord. No , 2, ; Ord. No , 4, ; Ord. No , 1, ) Editor s note Ord. No , adopted July 27, 1993, added a new and at the discretion of the editor former has been redesignated as Sec Community Small Business Enterprise Program. (1) Title. This section shall be referred to as the Miami-Dade County Community Small Business Enterprise ("CSBE") Program. (2) Definitions. The following definitions shall apply in this section: Advisory board means the Community Small Business Enterprise Board created for the purpose of reviewing program activities and results, and for making recommendations to the Department of Small Business Development (SBD) and the Board of County Commissioners (BCC) on matters pertaining to the program. Aggregate Set-Aside means an aggregated value of small construction contracts, no one contract of which exceeds five million dollars, which are to be bid during a fixed period of time on a contract-bycontract basis with bidding therefor reserved solely among qualified CSBEs classified in the applicable Contracting Participation Level and SIC or NAICS Code for the contract. *Editor s note Ord. No , 2, amended the Code by adding provisions designated as Art. II of Ch. 10, Cross references Contracts and purchases generally, et seq.; wages on County contract projects, ; County Manager authority to manage Stage I of the Rapid Transit System, 2-171; construction of roads, bridges, etc., Ch. 9. Available or availability means to have, prior to bid submission, the ability to provide construction services under a prime contract that is being considered for a set-aside or under a first or second, third, or fourth tier subcontract on a contract being considered for a first or lower tier subcontractor goal by having: 1. Reasonably estimated, uncommitted capacity and expertise; 2. All licenses, permits, registrations and certifications; 3. The ability to obtain bonding that is reasonably required to perform the contract or subcontract consistent with normal industry practice; and 4. The ability to otherwise meet bid specifications. Bid means a quotation, proposal, letter of interest or offer by any bidder in response to any kind of invitation, request or public announcement to submit such quotation, proposal, letters of interest or offer to perform the contract. Bid preference means an amount deducted (for evaluation purposes only) from the total bid price in order to calculate the bid price to be used to evaluate the bid on a competitively bid prime county construction contract, which is not setaside for bidding solely by CSBEs. Bidder means any person, partnership, corporation or other business entity that submits a bid. Bonding assistance may include providing assistance in preparing and completing bond packages as well as providing ending to be used for bonding purposes. Business day means a regular week day (Monday through Friday) normally starting at 8:00 a.m. and finishing at 5:00 p.m., excluding Saturdays and Sundays and excluding all legal holidays recognized by the Federal, State or Miami- Dade County governments. Calendar day means a twenty-four (24) hour period covering all days of the week (Monday through Sunday including all holidays), starting at 12:00 a.m. and finishing at 11:59 p.m

190 MIAMI-DADE COUNTY CODE Commercially useful function means contractual responsibility for the execution of a distinct element of the work of a contract by a business enterprise and the carrying out of the contractual responsibilities by actually performing, managing, and supervising the work involved. Acting as a broker is not considered a commercially useful function. The determination of whether an activity is a commercially useful function shall include: 1. The evaluation of the amount of work subcontracted; 2. Normal industry practices; 3. The skills, qualifications, or expertise of the enterprise to perform the work; 4. Whether the business' own personnel perform, manage, and/or supervise the work involved; and 5. Other relevant factors. Commitment letter means a letter signed by an officer or other authorized representative of a bidder or proposer for a County construction contract containing a second, third or fourth tier subcontractor goal which specifically commits the bidder or proposer to meet such subcontractor goal. Community Small Business Enterprise (CSBE) means a construction related enterprise, including a design-build firm, and any firm providing trades and/or services for the completion of a construction project, as defined in Chapter 10 of the Code of Miami-Dade County, which has an actual place of business in Miami-Dade County and whose average annual gross revenues for the last three (3) years do not exceed: ten million dollars ($10,000,000.00) for SIC 15 - Building Construction, General Contractors and Operative Builders; six million dollars ($6,000,000.00) for SIC 16 - Heavy Construction, other than Building Construction; or five million dollars ($5,000,000.00) for SIC 17 - Specialty Trade Contractors. CSBEs shall be categorized by the type of construction they perform in accordance with the two-digit Standard Industrial Classification (SIC) code, or the six-digit North American Industry Classification System (NAICS), of the Census applicable to such type of construction. A CSBE will graduate out of the program upon notification by SBD that it has exceeded these size limits based on its three-year average annual gross revenues. A certified CSBE that graduates out of the program shall continue to submit financial information as to cumulative gross revenue and bonding capacity to SBD annually for 3 years thereafter in order to further the County's ability to assess the effectiveness of the program. The County Mayor or designee shall be authorized to adjust the CSBE-size limits every five (5) years at his/her discretion based on the local Consumer Price Index for All Urban Consumers (CPI-U) calculated by the U.S. Department of Commerce or other appropriate tool of inflation measures as applied to Miami-Dade County for the preceding five (5) years. The first indexing adjustment shall occur for the calendar year using the figures provided for the calendar year ended December 31, 2012, and every five (5) years thereafter. The County Mayor or designee shall advise the Board of any such adjustment. CSBEs must be certified by SIC or NAICS code, and classified into one (1) of the three (3) contracting participation levels. The lack of bonding capacity shall not preclude an applicant from being certified as a CSBE. As part of the certification process, CSBEs must go through a prequalification process which will be used to determine which of the three (3) contracting participation

191 ELECTIONS 12-8 Secs Reserved. Sec Reports to the Board. The County Mayor or the County Mayor's designee shall prepare and deliver, between sixty and ninety days prior to any Primary or General election, a report to the Board of County Commissioners detailing the Department of Elections' preparations for such election. The report shall, at a minimum, contain: (1) an analysis of the anticipated voter turnout; (2) the anticipated utilization of absentee voting, early voting and Election Day voting by Miami-Dade County voters; (3) the steps taken by the Department to ensure that voters are able to cast ballots in a reasonable amount of time; (4) a summary of the equipment and personnel to be deployed at early voting locations and Election Day precincts; and (5) any additional budgetary or legislative requests necessary to perform the duties of the Department at the General Election. The County Mayor or the County Mayor's designee shall also prepare and deliver, between thirty and sixty days after any Primary or General election, a report to the Board of County Commissioners detailing the performance of the Department of Elections during such election. The report shall, at a minimum, contain: (1) an analysis of the voter turnout; (2) the amount of time taken by voters to cast ballots; (3) any irregularities or problems in the Department's conduct of the election or in the voting process; and (4) budgetary or legislative recommendations for improvement of the voting experience in future elections. Notwithstanding any other provision of the Code to the contrary, such reports shall be placed on the agenda of the next regularly scheduled meeting of the Board of County Commissioners and shall be heard at a time certain to be set by the Chairperson. (Ord. No , 1, ) Secs Reserved. Sec Campaign contributions and expenditures. Except as otherwise provided by the Home Rule Charter or by ordinance adopted by the Commission, the provisions of the election laws of the State of Florida regarding campaign contributions and expenditures shall apply to elections for the Office of Mayor of Miami-Dade County, Miami- Dade County Board of County Commissioners, Property Appraiser of Miami-Dade County and Miami-Dade County Community Councils. (Ord. No , 1, 2, ; Ord. No , 2, ; Ord. No , 3, ) Sec Straw ballots. In Miami-Dade County a special election may be called for the purpose of conducting a straw ballot. (Ord. No , 1, ) Sec Reserved. Sec Payment or offers of payment to candidates for elective office prohibited. (a) It shall be unlawful for any person to give, offer or promise to any candidate for any elective public office in this County or any of its municipalities anything of value for the purpose of influencing him to withdraw as a candidate for such elective public office, or for the purpose of influencing anyone to file as a candidate for public office. (b) It shall be unlawful for any person to solicit or receive a gift, offer, or promise of anything of value in exchange for his withdrawing or filing as a candidate for any elective public office in this county or any of its municipalities. (c) Every person who is convicted of a violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not more than sixty (60) days, or by both such fine and imprisonment. (Ord. No , 1 3, ) Editor s note Ord. No provided that said ordinance be included in this Code, but did not specify the manner thereof, hence inclusion of 1 3 herein as 12-8 was at the discretion of the editors. This ordinance has been treated as superseding Ord. No , adopted Nov. 21, 1972, formerly codified as

192 12-9 MIAMI-DADE COUNTY CODE Sec Solicitation of payments from candidates and offer of payments by candidates for County or municipal office in exchange for endorsement of such candidates for office. (a) It is unlawful for any person to solicit a payment of any kind from a candidate for a County or municipal office in Miami-Dade County, or from such candidate's agents, in exchange for the favorable endorsement, or promise of favorable endorsement, by the solicitor or otherwise, of said candidate for the office being sought by him. (b) It is unlawful for any candidate for a County or municipal office in Miami-Dade County, or for such candidate's agents, to offer money or anything else of value to any person or organization in exchange for the favorable endorsement of such person or organization. (c) Any person violating subsection (a) hereof shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court. (Ord. No , 1 3, ) Editor s note Ord. No amended this Code, but did not specify the manner thereof; hence, inclusion of 1 3 herein as 12-9 was at the discretion of the editors. Sec Voter solicitation at polling places. (a) Restrictions. No person may solicit voters within fifty (50) feet of the entrance to any polling place, or polling room where the polling place is also a polling room, on the day of any election. (b) Exceptions. Solicitation shall not be restricted if: (1) Conducted from a separately marked area within the fifty-foot zone, which may be designated by the Supervisor of Elections, so as not to disturb, hinder, impede, obstruct or interfere with voter access to the polling place or polling room entrance; and (2) The solicitation activities and subject matter are clearly and easily identifiable by the voters as an activity in which they may voluntarily participate; or (3) Conducted on property within the fiftyfoot zone which is a residence, established business, private property, sidewalk, park or property traditionally utilized as a public area for discussion; however, no such solicitation shall be permitted within the fifty-foot zone on a public sidewalk or other means of access to the polling room if it impedes, obstructs, or interferes with voter access to the polling room or polling place. (c) Definitions. (1) Polling room means the actual room in which ballots are cast. (2) Polling place means the building which contains the polling room where ballots are cast. (3) Solicitation includes but it is not limited to: a. Seeking or attempting to seek any vote, fact, opinion or contribution; b. Distributing or attempting to distribute any political or campaign material, leaflet or handout; c. Conducting a poll; d. Seeking or attempting to seek a signature on any petition; and e. Selling or attempting to sell any item. (Ord. No , 1, ) Sec Receipt of qualification papers of candidates; examination; determination of compliance with election laws. (a) In elections conducted for the Office of Mayor, members of the Board of County Commissioners, Property Appraiser of Miami-Dade County, members of the Fire Board, and members of community councils, the Miami-Dade County Supervisor of Elections, acting on behalf of the Clerk of the Circuit Court, shall receive the qualifica- 1870

193 ELECTIONS tion papers and fees from all candidates for such offices. Only those candidates whose qualification papers and fees are in compliance with the applicable election laws of the State of Florida, provisions of the Home Rule Charter, and ordinances relating to such offices by the end of the qualifying period shall be deemed to have qualified. (b) Any qualified elector may challenge the qualifications of a candidate for the Office of Mayor, County Commissioner, Property Appraiser of Miami-Dade County, Fire Board member, or Community Council member for whom that elector is eligible to vote by filing a sworn written statement with the Miami-Dade County Supervisor of Elections within ten (10) days from the date on which qualifying ended for such office. Upon receipt of a sworn written statement, the Supervisor of Elections shall forward it to the Inspector General within three (3) business days. (c) The Inspector General, upon receipt of a sworn written statement challenging the qualifications of a candidate, shall have ten (10) days to conduct an investigation as to the allegation(s) contained within such statement. If the Inspector General determines that the candidate does not meet the qualifications of the office for which he or she has qualified, the Inspector General is authorized and directed to file and prosecute an appropriate action in Circuit Court with an attorney other than the County Attorney. For purposes of this subsection (c), the provisions of Section (f) shall not apply. (d) Filing an Affidavit and Proof of Residency to Qualify for Election. Candidates for the office of County Commissioner, Property Appraiser of Miami-Dade County, Community Council, and Mayor shall submit a sworn affidavit at the time of qualifying that provides their current address of legal residence and affirms that they have met the residency requirements pursuant to Section 1.04 of the Miami-Dade County Home Rule Charter and Article II, Section of the Code, respectively or the requirements of Section 2-69, as applicable. The affidavit shall be on a form provided by the Miami-Dade County Supervisor of Elections. In addition to filing the affidavit, candidates shall submit proof of residency which shall include one (1) of the following documents: voter's registration, driver's license, property tax receipt, homestead exemption, utility bill or lease agreement. (e) Penalties. In addition to any other penalties which may be applicable, any person who knowingly misrepresents their legal residency shall be subject to perjury and punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. (Ord. No , 1, 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ) Editor s note Ord. No , 1, 2, adopted March 5, 1991, amended the Code by the addition of provisions which have been designated at the discretion of the editor as Sec Initiative petitions. Initiative petitions proposed pursuant to Sections 7.01 or 8.07 of the Miami-Dade County Home Rule Charter shall embrace but one subject and matter directly connected therewith. (Ord. No , 1, ) Sec Mail ballot election procedures. (a) Special elections for incorporation, annexation or special taxing district elections shall be called by resolution of the Board of County Commissioners. (b) Notice of such special elections shall be published in accordance with Section , Florida Statutes. (c) The results of such special elections shall be determined by a majority of the qualified electors residing in the designated area voting at such special elections. (d) The County registration books shall close in accordance with the provisions of Section , Florida Statutes. (e) The supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each elector entitled to vote in the election at least ten (10) calendar days prior to the date of the special election. The Supervisor of Elections shall determine the type of official ballot to be mailed, either a paper ballot 1871

194 12-13 MIAMI-DADE COUNTY CODE designed for the votes to be hand counted or a paper ballot used in conjunction with an electronic or electromechanical vote tabulation system. All such ballots, except for ballots mailed overseas, shall be mailed by nonforwardable first class mail. Ballots shall be addressed to each elector at the address appearing in the registration records or to a mailing address upon the voter's request for said election. (f) Upon receipt of the ballot the elector shall vote the ballot, place it in the secrecy envelope, sign the return mailing envelope supplied with the ballot, and comply with the instructions provided with the ballot. The elector shall mail, deliver, or have delivered the voted ballot so that it reaches the supervisor of elections no later than 7:00 p.m. on the day of the election. The ballot must be returned in the return mailing envelope. (g) (1) The return mailing envelope for special taxing district elections shall contain a statement in substantially the following form: VOTER'S CERTIFICATE I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed Special Taxing District to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election. I understand that failure to sign this certificate and give my residence address will invalidate my ballot. (Signature) Residence Address) (2) The return mailing envelope for annexation elections shall contain a statement in substantially the following form: VOTER'S CERTIFICATE I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed annexation area to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election. I understand that failure to sign this certificate and give my residence address will invalidate my ballot. (Signature) (Residence Address) (3) The return mailing envelope for incorporation elections shall contain a statement in substantially the following form: VOTER'S CERTIFICATE I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed incorporation area to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election. I understand that failure to sign this certificate and give my residence address will invalidate my ballot. (Signature) (Residence Address) (h) If the ballot is destroyed, spoiled, lost, or not received by the elector, the elector may obtain a replacement ballot from the supervisor of elections. An elector seeking a replacement ballot shall submit a written request to include a statement that the ballot was destroyed, spoiled, lost, or not received to the supervisor of elections prior to 7:00 p.m. on the day of the election. The supervisor of elections shall keep a record of each replacement ballot issued. (i) Special elections for incorporation, annexation special taxing district elections shall be canvassed by a county canvassing board as provided under the election laws of this state. (j) The supervisor of elections shall verify the signature of each elector on the return mailing envelope with the signature on the elector's registration records. Such verification may commence at any time prior to the canvass of votes. The supervisor of elections shall safely keep the 1872

195 ELECTIONS ballot unopened in his office until the county canvassing board canvasses the vote. If the supervisor of elections determines that an elector to whom a replacement ballot has been issued has voted more than once, the canvassing board shall determine which ballot, if any, is to be counted. (k) A ballot shall be counted only if: (1) It is returned in the return mailing envelope; (2) The elector's signature has been verified as provided in subsection (j); (3) The elector has provided his or her residence address on the return mailing envelope and the residence address falls within the boundaries of the proposed Special Taxing District, annexation area or incorporation area to which the ballot relates; and (4) It is received by the Supervisor of Elections not later than 5:00 p.m. on the day of the election. (l) Nothing contained in this section shall be interpreted to make mail ballot elections the exclusive method of conducting an annexation, incorporation, or special taxing district election. Such elections may be conducted by the use of touch screens, optical scanning devices, or any other voting procedures authorized by law. (Ord. No. 96-4, 1, ; Ord. No , 2, ; Ord. No , 1, ) Editor s note Ord. No. 96-4, 1, adopted Jan. 9, 1996, amended the Code by the addition of provisions which have been designated at the discretion of the editor as Sec Absentee ballots. (a) An absentee ballot shall be provided to and returned by an elector, except an overseas elector, in person or by mail except as provided herein. For purposes of this section, "mail" means delivery by the United States Postal Service. Absentee ballots shall be provided to and returned by overseas electors in accordance with federal law and Florida Statutes. The Supervisor of Elections may provide to and receive absentee ballots from employees of the Miami-Dade Corrections and Rehabilitation Department who are designated by the Director to facilitate the vote for inmates of correctional facilities who are eligible to vote. The Supervisor of Elections may provide an absentee ballot to a designee of an elector if the elector is unable to retrieve and/or return the ballot in person or by mail as follows: (b) The designee must provide to the Supervisor of Elections identification from the elector, picture identification of the designee, and a written statement signed by the elector authorizing the designee by name to pick up and/or return the absentee ballot. If the elector is a member of the designee's immediate family, the signed statement must include the circumstances requiring the designee to pick up and/or return the absentee ballot. If the elector is not a member of the designee's immediate family, the designee must also provide to the Supervisor of Elections a statement signed by a physician on that physician's stationery that, due to a medical emergency involving the elector or elector's dependent, the named elector is unable to vote at the polls and is unable to pick up and/or return an absentee ballot in person. A designee may retrieve, pick up and/or return (whether by hand, by mail or by any other method) no more than two (2) absentee ballots other than his or her own per election, only one (1) of which may be for an elector not of the designee's immediate family. For purposes of this section, "immediate family" means the elector's spouse or the parent, child, grandparent, or sibling of the elector. A designee may only pick up and/or return an absentee ballot on the day before or day of the election for an immediate family member and on the day of the election for a non-family member. The designee must complete an affidavit that states that the designee is authorized by the elector to retrieve and/or return the elector's ballot and shall indicate his or her relationship to the elector, if any. Any person picking up and/or returning absentee ballots in violation of the provisions of this subsection shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause. (c) The Supervisor of Elections shall prescribe the form of the affidavit to be completed and signed by a designee of an elector. If the Supervi- 1873

196 12-14 MIAMI-DADE COUNTY CODE sor of Elections is satisfied that the designee is authorized to retrieve and/or return the absentee ballot, the ballot shall be provided to or accepted from the designee. (Ord. No , 1 3, ; Ord. No , 2, ; Ord. No , 1, ) Sec Absentee Ballot Campaigning Reporting Requirement. (1) Each campaign treasurer designated by a candidate for County or municipal office in Miami- Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional electronic report with the officer responsible for receiving such candidate's contribution or expenditure reports. The report shall identify the names of all paid campaign workers, whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign or undertaking any other activities regarding absentee ballots. The report shall be filed on a form created by the Supervisor of Elections for such purpose. (2) Any candidate failing to file a report as required by this section on the designated due date shall be subject to a fine of $50.00 per day for the first three (3) days and, thereafter, $ per day for each day late not to exceed $5, Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate. Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived. (3) Candidates for County and municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami- Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to any other civil or criminal penalties provided by law, shall be subject to the penalties provided in Section (bb) of the Code of Miami-Dade County. (Ord. No , 1, ) Sec Availability of Absentee Ballots for Presidential Elections. To the extent otherwise permitted by and consistent with the requirements Florida law, the Miami-Dade County Supervisor of Elections shall afford registered electors the opportunity to pick up and return absentee ballots on the Sunday and Monday immediately preceding the Election Day of a Presidential Election for any day during which Early Voting is not offered by the Supervisor of Elections. The Supervisor of Elections shall designate locations in Miami-Dade County for electors to pick up or return absentee ballots and shall establish the hours available for such purpose. (Ord. No , 1, ) Sec Requirements for special elections. Except as mandated by: (a) (b) (c) (d) Article 7 of the County Charter relating to initiative petitions and recall; Section 8.07 of the County Charter relating to amendments to the Charter; Section 1.07 of the County Charter relating to elections to fill vacancies in the offices of Mayor or County Commissioner, and Any other Charter provision requiring a special election, no county-wide special election shall be held in Miami-Dade County unless the Board of County Commissioners determines that an emergency exists that requires a special election. The nature of the emergency shall be set forth with specificity in the resolution calling for the special election 1874

197 ELECTIONS and a two-thirds vote of the Commissioners then in office would be required to call the special election. (Ord. No , 1, ) Sec [Creole translations in voting booths.] (a) In those precincts in which the Supervisor of Elections determines that a significant portion of the electorate is Haitian-American, the Supervisor of Elections shall provide voting booths containing Creole translations in addition to booths containing Spanish translations. (b) In those elections in which the Supervisor of Elections determines that it is appropriate to provide ballots in Creole, those ballots shall be advertised in a Creole language newspaper selected by the Supervisor of Elections. (c) The provisions of this ordinance shall apply only to ballots provided at voting booths in the precincts described in subsection (a) hereof and shall apply only to county-wide elections and other appropriate elections as determined by resolution of the Board of County Commissioners. (d) The provisions of this section shall become operative only upon a written finding provided to this Board by the Supervisor of Elections that a certified Creole translator exists who can perform the translations mandated by this section. (Ord. No , 1 4, ) Sec Electronic reporting. Candidates for the Office of Mayor of Miami- Dade County, Miami-Dade County Board of County Commissioners, Property Appraiser of Miami- Dade County, and Miami-Dade County Community Council shall file their Campaign Treasurer's Reports electronically with the Miami-Dade County Department of Elections. The Supervisor of Elections shall determine the required format for Campaign Treasurer's Reports and shall provide copies upon request. (Ord. No , 1, ; Ord. No , 5, ; Ord. No , 1, ) Sec Electronic posting. Campaign Treasurer's Reports submitted by candidates for the Office of Mayor of Miami-Dade County, Miami-Dade County Board of County Commissioners, Property Appraiser of Miami- Dade County, Miami-Dade County Community Council and Miami-Dade County Fire Board shall be posted on the Supervisor of Election's Website within three (3) business days of receipt of the diskettes or CD-ROMs by the Supervisor of Elections; provided, that diskettes or CD-ROMs required to be filed within four (4) days of an election shall be posted on the Supervisor of Election's Website no later than two (2) days before the date of the election. (Ord. No , 2, ; Ord. No , 6, ) Sec Penalties. In addition to any other penalties which may be applicable, any individual who violates this ordinance shall be subject to a fine up to fifty dollars ($50.00) per day for the first three (3) days late and, thereafter, five hundred dollars ($500.00) per day for each day late, not to exceed twentyfive (25) percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. If it is determined by a court which has jurisdiction over an alleged violation of the ordinance from which this section derives that unusual circumstances caused the Campaign Treasurer's Report to be filed late, no fine shall be imposed by the court. As used herein, "unusual circumstances" shall mean uncommon, rare or sudden events over which the actor has no control and which directly result in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner. (Ord. No , 3, )

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199 TABLE OF CONTENTS Officials of Miami-Dade County at the Time of this Codification. Preface Adopting Ordinance Page Checklist of Up-to-Date Pages [1] VOLUME I PART I CONSTITUTIONAL AMENDMENT AND CHARTER Constitutional Amendment and Charter Home Rule Amendment Article VIII, Section 11 Florida Constitution Article VIII, Section 6 Florida Constitution Miami-Dade County Home Rule Charter Preamble Citizens' Bill of Rights Art. 1. Board of County Commissioners Art. 2. Mayor Art. 3. Elections Art. 4. Reserved Art. 5. Administrative Organization and Procedure Art. 6. Municipalities Art. 7. Parks, Aquatic Preserves, and Preservation Lands 23 Art. 8. Initiative, Referendum, and Recall Art. 9. General Provisions Art. 10. Name of County PART II ACTS OF STATE LEGISLATURE (RESERVED) Acts of State Legislature (Reserved) Comparative Table Home Rule Charter Comparative Table Acts of State Legislature iii v vii xi

200 MIAMI-DADE COUNTY CODE Chapter PART III CODE OF ORDINANCES Page 1. General Provisions Administration Art. I. In General Art. IA. Sunset Review Art. IB. Standards for Creation and Review of Boards Generally Art. IC. Independent Review Panel Art. II. Law Department Art. III. Reserved Art. IIIA. Consumer Advocate Art. IV. Personnel Div. 1. Personnel Department Div. 2. Civil Service for County Employees Div. 3. Special Off-Duty Police and Fire Services Div. 4. Service-Connected Disability Program Div. 5. Deferred Compensation Program Div. 6. Protection of Employees Disclosing Specified Information Div. 7. Retirement Benefits Protection Program Div. 8. Payment of Accumulated Sick and Annual Leave Art. V. Finance Department Art. VI. Municipal Utility Art. VII. Tax Review Board Art. VIII. Public Health Department Art. IX. Reserved Art. X. Park and Recreation Department Art. XI. Public Welfare Department Art. XII. Miami-Dade Police Department Art. XIII. Traffic and Transportation Department Art. XIIIA. Nuisance Abatement Art. XIV. Public Works Department Art. XIVA. Water Supply for Fire Suppression Art. XV. Department of Planning, Development and Regulation Art. XVI. Reserved Art. XVII. Branch Offices of County Auto Tag Agency Art. XVIII. Miami-Dade County Expressway Authority Art. XIX. Miami-Dade Transit Agency Art. XX. Rapid Transit Project Art. XXI. County Fire Department Art. XXIA. Housing and Urban Development Department Art. XXIB. Housing Finance Authority Art. XXII. Public Library Advisory Board xii

201 TABLE OF CONTENTS Cont d. Chapter Page 4. Ambulances and Medical Transportation Vehicles Art. I. In General Art. II. Reserved Art. III. Nonemergency Medical Transportation Animals and Fowl Blood Donor Facilities Boats, Docks and Waterways Art. I. In General Art. II. Motorboats Art. III. Miami-Dade County Vessel Mooring Code Div. 1. In General Div. 2. Vessels Constituting Nuisances Art. IV. Barges Building Code Art. I. Administration Art. II. Building Inspectors, Plans Examiners, Building Officials, Chief Inspectors and Special Inspectors Art. III. Florida Building Code Art. IV. Product Approval A. Business Regulations Art. I. In General Art. IA. Junk Dealers and Scrap Metal Processors Art. II. Bulk Sales of Plants, Avocados, Limes and Mangoes Art. III. Uniform Trade Standards Div. 1. In General Div. 2. Director and Inspectors Div. 3. Sale of Commodities Div. 4. Offenses; Prosecution; Penalties Div. 5. Advertisement and Sale of Mini Bikes and Go-Carts Div. 6. Metropolitan-Dade County Drycleaning and Laundering Ordinance Div. 7. Motor Vehicle Title Loans Art. IV. Community Antenna Television Systems Art. V. Check-Cashing Services Art. VI. Private Security Agencies Art. VII. Truth in Motorboat Repairs and Estimates Art. VIIA. Motor Vehicle Repair Ordinance Art. VIII. Automatic Telephone Dialing Alarm System. 967 Art. IX. Local Business Tax Receipt Art. X. Local Business Tax Receipt in Unincorporated Areas Art. XI. Uniform Meat Identification xvii

202 MIAMI-DADE COUNTY CODE Chapter Page Art. XIA. Representations Concerning and Requirements for the Sale of Kosher Products; Inspection of Kosher Meat Dealers, Kosher Poultry Dealers, and Dealers in Kosher Foods and Food Products; Records Required to Be Maintained by Kosher Meat Dealers and Kosher Poultry Dealers Art. XII. Fair Credit Disclosure and Reporting Art. XIII. Commercial Vehicle Identification Art. XIV. Background Checks for Personnel in Child Care and Certain Other Facilities Art. XV. Convenience Store Security Art. XVI. Miami-Dade County Moving Ordinance Art. XVII. Miami-Dade County Locksmith Ordinance Art. XVIII. Miami-Dade County Remetering Ordinance 1045 Art. XIX. Gender Price Discrimination Ordinance Art. XX. Pain Management Clinics Art. XXI. County Green Business Certification Program Art. XXII. Personal Injury Protection Medical Providers AA. Cable and Communications Services Providers Art. I. Cable Television Regulations Art. II. Communications Services Regulations Art. III. Public Rights-of-Way Regulations for Communications Services Providers B. Emergency Management C. Building Security Measures CC. Code Enforcement D. Construction: Financing of Public Facilities E. Cranes and Hoisting Equipment Standards for Construction of County Buildings, Roads, Bridges and Causeways Art. I. In General Art. II. Biscayne Bay Art. III. Sustainable Buildings Program Contractors Art. I. In General Art. II. Bidding on Public Projects Courts Art. I. In General Art. II. Bailiffs Art. III. Jury Service xviii

203 TABLE OF CONTENTS Cont d. Chapter Page 11A. Discrimination Art. I. General Provisions Art. II. Housing Art. III. Public Accommodations Art. IV. Employment Art. V. Family Leave xviii.i

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205 TABLE OF CONTENTS Cont d. Chapter Page Art. XVII. The Lauren Book Child Safety Ordinance Art. XVIII. Prohibition on Overnight Camping Wage Theft Pensions Art. I. In General Art. II. Police Relief and Pension Fund Art. III. Firefighter's Relief and Pension Fund Art. IV. Death Benefits A. Planning Generally Environmental Protection, Biscayne Bay and Environs Designated Aquatic Park and Conservation Area, the Biscayne Bay Environmental Enhancement Trust Fund, and the Environmentally Endangered Lands Program Art. I. In General Div. 1. General Provisions Div. 2. State and Federal Adoptions Div. 3. Enforcement Div. 4. Trusts and Fees Art. II. Air Quality Art. III. Water and Soil Quality Div. 1. Water Quality, Wastewater and Sanitary Sewer Pretreatment Standards Div. 2. Wellfield Protection, Domestic Well Systems and Potable Water Standards Div. 3. Contaminated Site Cleanups Div. 4. Regulation of Underground Storage Facilities, Liquid Waste Transporters, and Metal Recycling Facilities Art. IV. Natural and Biological Environmental Resources Permitting and Protection; Regulation of Drainage Systems and Stormwater Management Div. 1. Work in Canal Rights-of-Way, Tidal Waters, Submerged Bay-Bottom Lands, and Wetlands; Dewatering; Construction of Drainage Systems Div. 2. Tree Preservation and Protection Div. 3. Environmentally Endangered Lands Program Art. V. Stormwater Utility A. Reserved Aviation Department Rules and Regulations A. Public Health Trust B. Parks and Recreation Generally Art. I. In General xxi

206 MIAMI-DADE COUNTY CODE Chapter Page Art. II. Standards for Acceptance of Conveyances Used for Scenic Outdoor Recreational or Park Purposes or Covenants Not to Use Land for Other Than Such Purposes Art. III. Safe Neighborhood Parks Ordinance C. Payment of Costs of Hospital Care, Treatment and Maintenance Park and Recreation Department Rules and Regulations Art. I. In General Art. II. Programming Partners Program Art. III. The Shannon Melendi Act A. Sanitary Nuisance B. Reserved C. Reserved D. Reserved Swimming Pools, Public Subdivisions A. Seaport Security and Operations Taxation Art. I. In General Art. II. Reserved Art. III. Reserved Art. IV. Utility Tax Art. IV-A. Local Communications Services Tax Art. V. Tourist Development Room Tax Art. VI. Convention Development Tax Art. VII. Local Option Gas Tax Art. VIII. Fifth and Sixth Cent Local Option Gas Tax Art. IX Local Option Gas Tax Art. X. Property Tax Exemptions in Enterprise Zones Art. XI. County Transit System Sales Surtax Art. XII. County Health Care Surtax Art. XIII Ninth Cent Gas Tax on Motor Fuel and Special Fuel Art. XIV Capital Improvement Local Option Gas Tax Art. XV. Discretionary Sales Surtax Authorized by Section (1), Florida Statutes (1999) Art. XVI. One Half of One Percent Charter County Transit System Sales Surtax Authorized by Section (1) Florida Statutes (2001) Art. XVII. Additional Reduction in Assessed Value for Qualifying Living Quarters of Parents or Grandparents of Owners of Property Receiv- xxii

207 Chapter 17 HOUSING* Art. I. In General, 17-01, Art. II. Metropolitan Miami-Dade County Minimum Housing Standards, Art. III. City of Miami Minimum Housing Standards, Art. IV. Housing Assistance (Reserved), Art. V. Public Nuisances on Leased Property, Art. VI. Local Housing Assistance Program, Art. VII. Infill Housing Initiative, Art. VIII. Affordable Housing Trust Fund of Miami-Dade County, Florida, Art. IX. Workforce Housing Development Program Administration, Art. X. Community Affordable Housing Strategies Alliance, *Cross references Planning department, et seq.; building and zoning department, et seq.; housing discrimination, 11A-19 et seq.; minimum standards for vacant housing structures, Ch. 17A; demolition of uninhabitable structures, Ch. 17B; mobile homes, Ch. 19A; planning generally, Ch. 23A; urban renewal, Ch. 30A; zoning, Ch

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209 HOUSING 17-2 ARTICLE I. IN GENERAL Sec Condominium conversions; extension of rental agreements. The two-hundred-seventy-day extension period described in Section (1)(a), Florida Statutes, and the one-hundred-eighty-day extension period described in Section (1)(b), Florida Statutes, are hereby extended for an additional ninety (90) days. (Ord. No , 2, ) Editor s note Ord. No , 2, adopted Sept. 2, 1980, did not expressly amend this Code; hence, codification as of a new Art. I of Ch. 17 is at the discretion of the editor. Section 1 of Ord. No provides for incorporation of the recitation of the preamble thereof as a part of the ordinance. Said recitations are as follows: "WHEREAS, the Florida Legislature has enacted, and the Governor has signed, Chapter 80-3, Laws of Florida, relating to condominium conversions, said legislation being commonly known as the "Roth Act"; and "WHEREAS, the Roth Act contains provisions relating to condominium conversion during the existence of a housing emergency; and "WHEREAS, the County Manager has submitted a report relating to the rental housing market in Miami-Dade County, which report is attached hereto and made a part hereof as Exhibit A; and "WHEREAS, this Board finds and determines that there exists within Miami-Dade County a vacancy rate in rental housing of less than three (3) percent; and "WHEREAS, this Board finds and determines that the controls as outlined in the Roth Act are necessary and proper to eliminate the grave housing emergency existing in Miami- Dade County. "NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF Miami-Dade COUNTY, FLORIDA:" State law reference Roth Act, condominium conversions, Fla. Stats., et seq. Sec Refinancing of affordable housing loans made to developers. (a) Any developer or other entity that has received a loan from Miami-Dade County for the provision of affordable housing and repays such loan in full before the date on which the loan is due in full, may without the need for further application to the County, have the repaid funds loaned to it, or a related entity, for additional eligible affordable housing projects. Developers must be in compliance with all County contracts and regulations. (b) Notwithstanding any other provision of the Code of Miami-Dade County or of any ordinance, no competitive process shall be required for the loan of funds made pursuant to subsection (a) above. (Ord. No. R-13-12, 1, 2, ) ARTICLE II. METROPOLITAN MIAMI-DADE COUNTY MINIMUM HOUSING STANDARDS Sec Short title. This article enacted under and pursuant to the provisions of the Home Rule Charter of Government for Miami-Dade County, Florida, shall be known and may be cited as the "Metropolitan Miami-Dade County Minimum Housing Standards Ordinance." (Ord. No , 1.01, ) Sec Legislative findings. The County Commission hereby finds and declares that there presently exist in Metropolitan Miami-Dade County, Florida, structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance. Further, that such conditions, together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper ventilation for heating and cooling, insanitary conditions, and overcrowding, constitute a menace to the health, safety, morals, welfare, and reasonable comfort of the citizens and visitors to this metropolitan area. It is further found and declared that the existence of such conditions, factors, or characteristics, if not remedied, will create slum areas requiring largescale clearance, and further that, in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenues, and impairment of economic values. It is further found and declared that the establishment and maintenance of minimum housing standards are essential to the prevention of blight and decay, and the safeguarding of public health, safety, morals and welfare. (Ord. No , 1.02, ) Cross reference Housing and Urban Development Department, et seq. 2367

210 17-3 MIAMI-DADE COUNTY CODE Sec Legislative intent. The intent and purpose of this article is to protect the public health, safety, morals and welfare of all the people of Metropolitan Miami-Dade County, Florida, by establishing minimum standards governing the condition, occupancy, and maintenance of dwellings, dwelling units, rooming houses, rooming units and premises; establishing minimum standards governing utilities, facilities, and other physical components and conditions essential to make dwellings, dwelling units, rooming houses, rooming units, and premises safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, agents, and occupants of dwellings, and dwelling units, rooming houses, and rooming units; authorizing and establishing procedures for the inspection of dwellings, dwelling units, rooming houses, and rooming units, and the condemnation and vacation of those dwellings, dwelling units, rooming houses, and rooming units unfit for human habitation; and fixing penalties for the violations of the provisions of this article, and to set forth a procedure for the granting of variances to the enforcement of the provisions of this chapter in cases of extreme hardship, where the health, safety, welfare and morals of the occupants of a given unit, or the public at large, will not be detrimentally affected, and where literal enforcement of the code would offer no meaningful advantage to the occupants of a unit or to the public at large. The article is hereby declared to be remedial and essential to the public interest, and it is intended that this article be liberally construed to effectuate the purposes as stated above. (Ord. No , 1.03, ; Ord. No , 1, ) Sec Construction and applicability. The provisions of this article shall be applicable as a minimum standard in incorporated and unincorporated areas of Metropolitan Miami- Dade County, Florida. Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing in times of local emergency, disaster or necessity, shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities, prior to the effective date of this article. This article is intended and shall be construed as establishing minimum standards for the initial and continued occupancy of all buildings. It is not intended to replace, modify, supersede or diminish the standards established for the construction, repair, alteration or use of buildings, equipment or facilities by the South Florida Building Code (Ordinance No , as amended). In any case where any provision of this article is found to be in conflict with a material and controlling provision of zoning regulations, the South Florida Building Code, or any other County or municipal ordinance, code or regulation, or any rules or regulations of the Florida State Board of Health, the provision which establishes the highest standard shall prevail. All County and municipal departments, officials and employees who have the duty, responsibility or authority to issue permits or licenses in regard to the use and occupancy of dwellings, dwelling units, rooming houses, or rooming units, or similar facilities, shall conform to the provisions of this article, as a minimum standard. It shall be the duty and responsibility of municipal departments, officials and employees to enforce the minimum standards prescribed by the provisions of this chapter within the territorial limits of their respective municipalities. (Ord. No , 1.04, ) Sec Existing remedies preserved. Nothing in this article shall be deemed to abolish or impair any existing remedies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary. This article shall not affect violations of any other County or municipal ordinance, code or regulations existing prior to the effective date* of this article, and such violations shall be governed and shall continue to be punished to the full *Editor s note Ord. No , from which this article is derived was adopted on July 16, 1963, effective thirty (30) days after enactment. 2368

211 HOUSING 17-6 extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. (Ord. No , 1.05, ) Sec Definitions. In construing the provisions of this article, where the context will permit and no definition is provided herein, the definitions provided in Chapter 4 of the South Florida Building Code shall apply. The following words and phrases when used in this article shall have the meanings ascribed to them in this section: (1) Approval shall mean approved by the head of the enforcement agency or his authorized representatives. (2) Basement shall mean that portion of a building having less than one-half its clear floor-to-ceiling height below the average fin

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213 MUNICIPALITIES (b) Designation. The Board of County Commissioners hereby designates each of the following lands listed on Exhibit A, as an "Area or Facility of Countywide Significance". Any future designation of lands as an Area or Facility of Countywide Significance may be made by resolution of the Board of County Commissioners, upon a finding that: 1) The area or facility is susceptible to substantial change and development that will detrimentally affect the facility or land; 2) There is a need for the continued, unimpaired functioning of the area or facility by the greater community and; 3) The service provided at or by the area or facility, or at a combination of areas or facilities, is a significant resource to the greater community. If the Board of County Commissioners determines that an area or facility no longer meets the definition of an "Area or Facility of Countywide Significance" as defined herein, the Commission, by resolution, may relinquish regulatory control to the municipality in which such area or facilities are located. (c) Regulatory Jurisdiction Over Areas or Facilities of Countywide Significance Reserved to the County. Jurisdiction for purposes of comprehensive planning, zoning and building and other development approvals (including but not limited to land use, site plan approvals, issuance of building permits, building inspections, issuance of certificates of occupancy, zoning applications, special exceptions, variances, building or zoning moratoria, and all other types of functions typically performed by the departments responsible for building, planning and/or zoning), water and sewer installations, compliance with environmental regulations, and utility regulation shall be and are hereby vested in Miami-Dade County regardless of any municipal code, charter, or ordinance provision to the contrary. If an "Area or Facility of Countywide Significance" is located in an area which is sought to be annexed to a municipality or incorporated, the County shall not transfer operation, maintenance, or regulatory jurisdiction of such Area or Facility to a municipality, unless expressly permitted herein. (d) Applicability. The requirements of this ordinance apply to unincorporated areas annexed after the effective date of this ordinance. (e) Condition of Annexation. The provisions of this section shall be considered a condition of annexation for any area annexed after the effective date of this ordinance and shall be the subject of an interlocal agreement between the County and the annexing municipality. This interlocal agreement shall be adopted by the annexing municipality prior to the County Commission's adoption of any ordinance authorizing a boundary change. (Ord. No , 2, ) Editor s note Ord. No , 2, adopted July 7, 2005, amended the Code with the addition of a new section In order to avoid the duplication of section numbers, the provisions of said ordinance have been included herein as section at the discretion of the editor. Sec Mitigation on proposed boundary changes. (a) The Board of County Commissioners may require as a condition of municipal boundary change involving an area that is not revenue neutral, that the municipality shall agree to make an annual mitigation payment to the County's Municipal Services Trust Fund in the Unincorporated Municipal Services Area Budget. The amount of the annual mitigation payment shall be determined by the Board of County Commissioners. For purposes of this section, "a revenue neutral area" is defined as an area that previously, as part of the unincorporated municipal service area, generated revenues equal to or less than the cost of services provided to the area by the County. (b) In determining whether as a condition of any municipal boundary change the annexing municipality will be required to pay an annual mitigation payment to the County's Municipal Services Trust Fund, the Board of County Commissioners may consider, among other factors deemed appropriate by the Board, whether the proposed annexation will eliminate enclave areas in the unincorporated area. (Ord. No , 1, ) Editor s note Ord. No , 1, adopted July 7, 2005, amended the Code with the addition of a new section In 2839

214 MIAMI-DADE COUNTY CODE order to avoid the duplication of section numbers, the provisions of said ordinance have been included herein as section at the discretion of the editor. Sec Retention of modification or deletion of covenants or declaration of restrictions. The Board of County Commissioners shall require, as a condition of municipal boundary change, that the Board retain jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion. (Ord. No. R-13-06, 1, ) Sec Election on proposed boundary changes; required. (a) If a boundary change involves the annexation or separation of an area having two hundred fifty (250) or fewer resident electors, and the area is more than fifty (50) percent developed residential, no proposed boundary change shall be accomplished unless a majority of resident electors voting at such an election approve such boundary change. All costs of such elections shall be paid in advance by the persons, group or municipality initiating the proposed boundary change. If a boundary change involves the annexation or separation of an area having two hundred fifty (250) or fewer resident electors, and the area is less than fifty (50) percent developed residential, the Commission may by ordinance effect the boundary change in accordance with Section 5.04.B of the Home Rule Charter. The determination of whether an area is more or less than fifty (50) percent developed residential shall be made in the sole discretion of the Director of the Department of Planning and Zoning. (b) In the event that a boundary change involves the annexation or separation of an area of which more than two hundred fifty (250) residents are electors, the Board of County Commissioners, pursuant to Section 5.04(B) of the Home Rule Charter of Miami-Dade County, Florida, may call an election to be held for the purpose of submitting to these electors the question whether the proposed boundary change shall be approved or disapproved. All costs of such elections shall be paid in advance by the persons, group or municipality initiating the proposed boundary change. (Ord. No , 9, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Secs Reserved. ARTICLE II. INCORPORATION PROCEDURE Sec Petition for incorporation initiated by individual or group; Creation of Municipal Advisory Committee related to petition. (A) An individual or group of area residents may file a request for approval of the form of a petition and authorization to circulate such petition for incorporation with the Clerk of the Board of County Commissioners. (1) The petition form shall provide for the following information about the proposed municipality: (a) (b) General description and map of area boundaries, and Statement of the reason for seeking incorporation. (2) The Clerk of the Board of County Commissioners shall report to the Commission that a request to approve the form of a petition for incorporation and authorize the circulation of such petition has been received. The Board of County Commissioners may approve the form of the petition and may authorize the petitioners to circulate the petition for incorporation and obtain signatures of resident electors within the area. 2840

215 MUNICIPALITIES (3) In order for the submitted petition to be complete, the petition shall include consent from no less than twenty-five (25) percent of the electors in the area proposed for incorporation. (4) Signed petitions shall be submitted to the Clerk of the Board within 90 days of the date the County Commission approves the form and authorizes the circulation of the petition in order for the petition to receive any further review or consideration by the County. Petitioners should submit any resolutions of support or opposition, if any exist, from the closest existing municipality within such 90 day period

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217 MUNICIPALITIES (2) Call for the election of the area electors on the incorporation petition as modified with respect to boundaries or other aspects, (3) Deny the proposed incorporation petition, or (4) Defer such petition for further consideration by the applicant(s), Board of County Commissioners, the County Manager or the Planning Advisory Board. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ) Sec Appointment of Charter Commission. Upon the affirmative vote approving the requested incorporation by a majority of electors voting and residing in the proposed boundaries, in an election conducted pursuant to Section 20-23(C)(1) or (2), the Board of County Commissioners may approve the incorporation of the municipality. If they so act, the Board of County Commissioners shall appoint a Charter Commission consisting of five (5) electors residing in the proposed boundaries who shall propose a charter be submitted to the electors in the manner provided in Section 5.03 of the Miami-Dade County Home Rule Charter. (Ord. No , 1, ) Sec Retention of garbage and refuse collection and disposal. The County shall forever retain authority for residential garbage and refuse collection and disposal in all areas which incorporate subsequent to the effective date of this ordinance. (Ord. No , 7, ) Sec Future Municipalities' Obligations to the County. (a) As a condition of incorporation approved pursuant to Article I of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to remain a part of the Miami-Dade County Fire-Rescue District and the Miami-Dade County Library System in perpetuity. (b) As a condition of incorporation approved pursuant to Article I of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree in perpetuity to contract with the Miami-Dade County Police Department ("MDPD") and pay for specialized police services from its municipal millage or other municipal funds. For purposes of this subsection, specialized police services include, but are not limited to, narcotics, criminal intelligence, economic crimes, homicide, robbery, sexual crimes, environmental crimes, domestic crimes, and crime scene investigations; property and evidence efforts; tactical operations activities; and aviation patrol. (c) As a condition of incorporation approved pursuant to Article I of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to contract with the Miami Dade County Police Department ("MDPD") and pay for local patrol police services for three years or such longer period of time as may be requested by the municipality. (d) The fiscal impact of an incorporation on the remainder of the unincorporated area shall be revenue neutral; provided, however, any municipality which does not meet the foregoing requirement, as a condition of incorporation pursuant to Article I of the Miami-Dade County Home Rule Charter, shall agree to make an annual mitigation payment to the County's Municipal Services Trust Fund in the Unincorporated Municipal Service Area Budget, the amount of which shall be determined by the Board of County Commissioners, in the event of a negative fiscal impact of the municipality's incorporation on the unincorporated area. For purposes of this subsection, "a revenue neutral municipality" is defined as an area that previously, as part of the unincorporated municipal service area, generated revenues equal to or less than the cost of services provided to the area by the County. Any annual mitigation amount determined by the Board of County Commissioners pursuant to the provisions of this paragraph shall be established so as not to trigger "most-favored-nation-status" clauses which are contained in any municipal charter. 2845

218 20-26 MIAMI-DADE COUNTY CODE (e) As a condition of incorporation approved pursuant to Article I of the Miami-Dade County Home Rule Charter, each new municipality shall include in its charter that such municipality shall be responsible for (i) its pro-rata share of any County debt outstanding at the time the municipality incorporates and with respect to the Stormwater Utility, outstanding at the time the municipality elects to be separate from the Stormwater Utility through an interlocal agreement or by exemption and (ii) its prorata share of any refunding of such debt. The municipality's annual pro-rata share of debt service shall be determined by multiplying the total debt service in each Fiscal Year by the municipality's percentage share of pledged revenues (revenues pledged by the County to the repayment of the debt). The municipality's percentage share shall be determined by dividing the pledged revenues collected within the municipality during the County's Fiscal Year in which municipality incorporates, and with respect to the Stormwater Utility in the Fiscal Year in which the municipality elects to separate from the Stormwater Utility district; by the total pledged revenues collected in that same Fiscal Year. It is further provided that the municipality's charter shall authorize the County to continue to collect and distribute the pledged revenues in a manner that is consistent with the requirements of the debt and shall recognize the municipality's obligations pursuant to this subsection. (f) The Board of County Commissioners may by way of resolution allow the distribution of existing unincorporated bond proceeds to municipalities created after September 1, 2000 for the same type of project originally described in the bond documents. (g) As a condition of incorporation approved pursuant to Article I of the Miami-Dade County Home Rule Charter, each new municipality, as a part of its charter, shall provide for adoption of Miami-Dade County's workforce housing development program established at Chapter 33, Article XIIA of the Code of Miami-Dade County, as amended, provided, however, that any municipality may establish and enforce more stringent regulations as necessary to ensure provision of workforce housing units within its jurisdiction. (h) As a condition of incorporation approved pursuant to Article VI of the Miami-Dade County Home Rule Charter, each new municipality shall provide, as a part of the charter, that the Board of County Commissioners retains jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board of County Commissioners or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion. (Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 20, ; Ord. No , 1, ; Ord. No. R-13-06, 2, ) Sec A. Process for Amending Preagreed Conditions of Incorporation in a Municipal Charter. (a) Any municipality which is desirous of amending the pre-agreed conditions to incorporation contained in its municipal charter shall request the County's approval of the proposed amended charter language indicating language to be added and deleted and stating the ballot question, prior to calling an election on the question of amending the municipal charter. (b) The municipality shall submit the proposed amended charter language and ballot question to the Clerk of the Board of County Commissioners with copies to the County Attorney and County Manager for placement by the Clerk on the agenda of the appropriate committee. Upon review of the municipality's proposed amended charter language and ballot question, the Board of County Commissioners may direct the County Attorney to prepare a resolution approving such amendment for placement on a subsequent County Commission agenda. (c) If the County Commission by resolution approves the proposed amended charter language and ballot question by an affirmative vote of 2846

219 MUNICIPALITIES two-thirds ( 2 /3) of its members then in office, the municipality may consider and adopt a resolution calling an election on the proposed charter changes, subject to compliance with Section 5.03 of the Miami-Dade County Home Rule Charter. (Ord. No , 1, ) Sec Future Municipalities' Elections. (A) As a condition of incorporation approval pursuant to Article V of the Miami-Dade County Home Rule Charter, each new municipality shall conduct its regular election(s) to fill municipal elective offices as follows: (1) For those municipalities that elect their officeholders in a single election without a provision for a run-off, elections shall be held on the second Tuesday in March of even numbered years. (2) For those municipalities that elect their officeholders by means of a primary election, used to narrow down the list of

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221 Chapter 21 OFFENSES AND MISCELLANEOUS PROVISIONS Art. I. Bombings, Art. II. Minors, Art. III. Weapons, Div. 1. In General, Div. 2. License to Sell Firearms, Div. 3. Electronic Control Devices, Art. IV. Miscellaneous, Art. V. Used Motor Vehicle Parts Dealers, Wreckers and Rebuilders, Art. VI. Reserved, Art. VII. Uniform Penal Code, Art. VIII. Additional Gain Time Allowances for County Prisoners, Art. IX. Wells (Open Irrigation Holes) in Agricultural Fields Open to Public, Art. X. Truth in Live Entertainment, Art. XI. Bingo, Art. XII. Public and Bus Passenger Benches and Shelters, Art. XIII. Juvenile Curfew Program, Art. XIII.5. Protection of Underground Utilities, Art. XIV. Adult Group Homes, Art. XV. False Claims Ordinance, Art. XVI. Burglar Alarms, Art. XVII. The Lauren Book Child Safety Ordinance, Art. XVIII. Prohibition on Overnight Camping,

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223 OFFENSES AND MISCELLANEOUS PROVISIONS (2) Making lewd or sexual gestures to a child, or exposing sexual organs to a child; (3) Giving gifts of candy, money, music, or other items to a child to which he or she is not related or acquainted. (c) Unless flight by the sexual offender or sexual predator or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the sexual offender or predator an opportunity to explain his or her presence and conduct. No sexual offender or predator shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it is proven at trial that the explanation given by the sexual offender or predator is true, and that the sexual offender or predator had no intent to commit a sexual offense. (d) As used in this section a sexual offender or predator is related to a child if he or she is the father, mother, step-father, step-mother, grandparent, sibling, cousin, aunt, uncle or resides with the child. As used in this section a sexual offender or predator is acquainted with a child if he or she has been introduced to the child in the presence of an adult with legal authority to supervise the child. (e) Penalties. A person who violates Section (a) herein shall be punished by a fine not to exceed $ or imprisonment in the County jail for not more than 60 days or by both fine and such imprisonment. (f) This provision is not intended to limit or affect the applicability of any general loitering and prowling statutes to sexual offenders or predators, including, but not limited to, F.S (Ord. No , 3, ; Ord. No , 2, ) defined as the use of outdoor space for living accommodation purposes involving the erection of structures such as the setting up of any tents, shacks, or shelters for sleeping activities, from the hours of sunset to sunrise. The provisions of this chapter shall apply to the incorporated and unincorporated areas of Miami-Dade County. (2) Any person violating this section shall, upon being warned by a County official or a law enforcement officer, cease the prohibited activity. If the person continues the prohibited activity after such warning, the official or law enforcement officer may direct the individual to leave the premises. Any individual who does not leave as directed is subject to arrest for trespassing pursuant to Section Florida Statutes. (3) Any homeless person, as defined in 24 CFR Section 583.5, violating this section shall first be offered an opportunity to go to a homeless shelter by a County official or law enforcement officer, if there is space available at such a shelter. (Ord. No , 1, ) ARTICLE XVIII. PROHIBITION ON OVERNIGHT CAMPING Sec Prohibition on overnight camping. (1) Except as otherwise provided for in this Code, there shall be no overnight camping on County facility/property. Overnight camping is 2965 [The next page is 2995]

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225 ENVIRONMENTAL PROTECTION, ETC any of the tidal waters of Miami-Dade County. This prohibition shall not apply to any floating structure placed, maintained or in existence in, on, or upon any of the tidal waters of Miami-Dade County on the effective date of Ordinance No This prohibition furthermore shall not apply to residential houseboats, floating boat docks, floating fishing docks, or other floating structures upon which only water dependent uses occur or exist. All floating structures which are not prohibited by this section, except residential houseboats, shall be required to obtain a class I permit. (Ord. No , 1, 5, ) Sec Prohibition of non-water-dependent fixed structures. It shall be unlawful for any person to construct, place, install, maintain, permit, allow, suffer or cause the construction, placement, installation, maintenance or existence of any fixed structure in, on, over or upon any of the tidal waters of Miami-Dade County which does not have a waterdependent use. Fixed structures which do not have a water-dependent use include, but are not limited to, residences, offices, hotels, motels, restaurants, lounges, retail or wholesale stores, club houses, helicopter pads, meeting facilities, commercial signs, transmitting or receiving antennas and towers, or storage or parking facilities. This prohibition shall not apply to fixed structures that were fully permitted on the effective date of this section or to their repair providing permits are obtained. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Procedure governing variances for prohibited floating structures and prohibited fixed structures. All applications for variances of floating structures and fixed structures prohibited by Sections and of this Code shall be heard and ruled upon by the Board of County Commissioners. Any person requesting said variance shall submit a standard form class I coastal construction application and application fee to the Department, which shall review said application and make a recommendation to the Board of County Commissioners for approval, denial or approval subject to conditions, limitations or restrictions for the proposed variance. The Board of County Commissioners shall hold a public hearing concerning the proposed variance. A notice of the time and place of said public hearing shall be published in a newspaper of general circulation in Miami-Dade County a minimum of seven (7) days prior to the public hearing. Said notice shall include a brief description of the proposed work and the location of the proposed work. A courtesy notice containing substantially the same information set forth in said published notice shall be mailed to those parties whose names appear on the application as the owners of all riparian or wetland property within three hundred (300) feet of the proposed work. Failure to mail or receive said courtesy notice shall not affect any action or proceeding taken thereunder. The Director, when making the Director's recommendation to the Board of County Commissioners, and the Board of County Commissioners, when considering the variance request, may consider any or all of the following factors: Visual or physical access by the general public to Biscayne Bay and its adjacent tidal waters, historical significance, the need for covered vessel repair facilities, environmental impact or cumulative environmental impact, navigation, public safety, aesthetics, the provisions of Section F.S., which established the Biscayne Bay Management Plan (Section 33D-1 through 33D-4), the Biscayne Bay Aquatic Preserve Act (Section F.S.), the Rules of the Biscayne Bay Aquatic Preserve (Chapter F.A.C.) as well as the evaluation factors contained within Section The Board of County Commissioners shall, after holding the public hearing, approve, deny or approve subject to conditions, limitations or restrictions, the variance proposed under the application. If the Board of County Commissioners approves a variance, the procedures concerning issuance of a permit contained within Section shall be followed. (Ord. No , 1, 5, ; Ord. No , 2, ) 3419

226 24-49 MIAMI-DADE COUNTY CODE DIVISION 2. TREE PRESERVATION AND PROTECTION Sec Permits for tree removal and relocation, improperly issued permits, violation of permit conditions, exemptions from tree removal permits; mortgagee exemption from liability. (1) It shall be unlawful for any person, unless otherwise permitted by the terms of this section, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a natural forest community, without first obtaining a permit from the Department. (2) No municipal or County official shall issue a tree removal permit that does not comply with the provisions of this section. Any such permit shall be void. A municipality shall not be limited from requiring tree removal permits for species exempt from tree removal permits required by this section, provided the tree is not within a natural forest community. (3) It shall be unlawful for any person to violate or not comply with any of the conditions of a Miami-Dade County tree removal permit. (4) The following activities are exempt from tree removal permits: (a) (b) Removal of trees within the yard area of an existing single-family residence, provided the trees are not within a natural forest community, and are not specimen trees. This exemption does not apply to trees which are growing on County rightsof-way adjoining existing single-family residences; Removal of trees for the construction of a new single-family residence, provided that: (i) (ii) The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half ( 1 /2) acre or less in size (21,780 square feet), for any other zoned lot; and The lot is being developed as the principal residence of the ownerbuilder; and (c) (d) (e) (f) (iii) The lot is not within an area designated as a natural forest community; and (iv) The trees are not specimen trees. Removal of any dead tree, provided the tree is not within a natural forest community. Removal of trees within State-approved plant nurseries and botanical gardens, provided said trees were planted and are growing for the display, breeding, propagation, sale or intended sale to the general public in the ordinary course of business. Removal of trees for the establishment, maintenance and operation of a bona fide grove or bona fide tree nursery, except when the proposed tree removal is to occur in a natural forest community designated under Resolution No or under subsequent revisions of the natural forest community maps or when the proposed tree removal will affect specimen trees as defined herein. Any person desiring to remove trees pursuant to this provision shall obtain written approval from the Department prior to the commencement of any such activities under this exemption. Removal of any of the following tree species with scientific nomenclature as set forth in Wunderlin, Richard P. and Hansen, Bruce F., Guide to the Vascular Plants of Florida, 2nd Ed. University of Florida Press, Gainesville, FL. (2003), a copy of which shall be maintained by the Director or Director's designee and available for review by the public. If the activity is within a natural forest community or lands protected by a covenant running with the land in favor of Miami-Dade County including, but not limited to, Environmentally Endangered Lands (EEL), Environmentally Sensitive Lands, or Tree Preservation Areas, a permit shall be required, but all application and permit fees shall be waived by the Department: (i) All trees listed in Section

227 ENVIRONMENTAL PROTECTION, ETC (g) (ii) Any of the following species: Araucaria heterophylla (Norfolk Island pine) Bauhinia purpurea (Orchid tree) Bauhinia variegata (Orchid tree) Calophyllum antillanum (Mast wood) Eugenia uniflora (Surinam cherry) Hibiscus tiliaceus (Mahoe) Metopium toxiferum (Poisonwood) Murraya paniculata (Orange jasmine) Pittosporum petandrum (Taiwanese cheesewood) Pongamia pinnata (Tallow tree) Pouteria campechiana (Eggfruit) Psidium cattleianum (Cattley guava) Psidium guajava (Guava) Syzygium cumini (Java plum) Syzygium jambos (Rose apple) Terminalia catappa (Tropical almond) Washingtonia spp. (Washington palm) Removal of any tree which has been destroyed or effectively destroyed by an Act of God, or by acts outside of the control of any person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by any such person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by such person, this provision shall be construed to impose joint and several liability upon the person(s) destroying or effectively destroying such tree, and to exempt from liability for such destruction (h) (i) or effective destruction the person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located upon land which is wetlands as defined in Section Trees located upon land which is wetlands as defined in Section 24-5 and mangrove trees located anywhere in Miami-Dade County shall be subject to the permitting requirements of Article IV of this chapter. Removal of a tree or trees within a bona fide fruit grove for the express purpose of converting said bona fide fruit grove to another bona fide agricultural purpose, provided however, that the owner of the real property upon which the bona fide fruit grove is planted has entered into a covenant agreement with Miami-Dade County in the form approved by the Board of County Commissioners, which covenant requires that said property shall only be used for bona fide agricultural purposes for a period of five (5) years from the date of execution. The form for said covenant agreement shall be approved by the Board of County Commissioners by resolution concurrently with the approval of this ordinance so that all covenant agreements submitted pursuant to this provision can be executed and accepted by the Director and then recorded in the Official Records of Miami-Dade County without the necessity of additional public hearings. In the event that the provisions of said covenant are not complied with, the Director may commence an action in law or equity to ensure adherence with the replanting requirements contained in Section of the Code of Miami- Dade County. (5) Any mortgagee with respect to property upon which any violation of this tree ordinance has occurred shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon said property or participated in the management or control of said property, or 3421

228 24-49 MIAMI-DADE COUNTY CODE unless said mortgagee has effected or caused the tree ordinance violations occurring on said property. (6) Notwithstanding the provisions of Section 24-31(7) herein, if actions or omissions constituting a violation of this article occurred at a time when the completed actions or omissions were not prohibited by law, such completed actions or omissions shall not constitute a violation of this article. (Ord. No , 1, 5, ; Ord. No , 2, ; Ord. No , 1, ) Sec Permits generally. Tree removal permits are required for the removal or relocation of any tree not specifically exempted under Section 24-49(4). The Department shall provide permit application forms which shall be used by permit applicants. An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the permit application is a lessee or agent of the owner, a statement from the owner of the property indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. The permit applicant shall submit to the Department a completed application form. Permit application forms shall be accompanied by two (2) sets of site plans which are subject to review and approval by the Department. The site plan shall include the locations of all existing tree resources and all proposed structures or utilities which may require removal or relocation of trees. The Department may require that said plans be prepared by either a landscape architect, architect or an engineer registered in the State of Florida. If the submitted site plan does not provide sufficient information to determine which trees will be affected by the proposed development, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. (Ord. No , 1, 5, ) Sec Review and evaluation of permit applications, natural forest community standards, specimen tree standards. A review of each completed tree removal permit application shall be conducted by the Department. This review and all actions taken by the Department under the provisions of this article shall be conducted using best available practices from biology, botany, forestry, landscape architecture and other relevant fields, and shall be conducted in a manner that is consistent with all applicable goals, objectives and policies in the Comprehensive Development Master Plan for Miami-Dade County, Florida. Upon receipt of a completed permit application, the Department shall determine whether the site contains any portion of a natural forest community, specimen trees or any other trees subject to the provisions of this article as follows: (1) If a site contains any portion of a natural forest community, then the provisions of Section (I) shall apply. If any person is in doubt as to whether a particular property has been designated as a natural forest community, said person may request a written determination from the Department. Said written determination shall state whether or not a particular property has been so designated by the Board of County Commissioners in the forest community maps under Resolution and shall be prepared by the Department within twenty (20) days of receipt of said request. Any property owner of a designated natural forest community site may request that the Department verify the designated boundaries of a specific natural forest community site or may request that a specific site be deleted from the approved natural forest community maps. Requests for verification of the designated boundaries of a specific natural forest community site or the deletion of a specific site from the approved maps shall be made in writing to the Department. Upon receipt of such requests, Departmental staff shall inspect the site and make a determination whether the approved boundaries accurately reflect the current boundaries of a natural forest community as defined herein, or whether a site should be deleted from the approved maps. If it is determined that the approved boundaries 3422

229 ENVIRONMENTAL PROTECTION, ETC of a specific natural forest community site are no longer accurate, the Director or the Director's designee shall modify the approved boundary of the natural forest community. One (1) copy of the modified boundary shall be furnished to the person

230

231 ENVIRONMENTAL PROTECTION, ETC more of the existing specimen trees and at least fifty (50) percent of the existing specimen tree canopy area is preserved. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Preliminary review of projects involving tree removal or relocation. The Department shall review and comment on the following actions: Any application for zoning relief which requires a public hearing before the Miami-Dade County Community Zoning Appeals Board or the Board of County Commissioners; applications for plat approval; administrative site plan review; applications for approval of development plans by the developmental impact committee and the South Florida Regional Planning Council; proposed plans for new roadways or improvements to highway design projects; proposed plans for new public park and recreational areas and other public facilities. This review procedure shall determine if a tree removal permit is required under Section 24-49, and whether the following standards, when applicable, are adhered to: (1) Any proposed action that does not involve specimen trees or development in a natural forest community shall be subject to the replacement standards in Section (2) Development within natural forest communities or involving specimen trees: (a) (b) If it is determined that the proposed development site is within a natural forest community or involves removal of a specimen tree, the standards set forth in Section shall apply. Proposed site actions that are not in accordance with said standards shall receive a recommendation of denial from the Department. Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant or issue any building permit, certificate of use and occupancy (except for changes in ownership), platting action (final plat, waiver of plat or equivalent municipal platting action) or zoning action requiring a public hearing before the Miami-Dade County Community Zoning Appeals Board or the Board of County Commissioners for any land use involving division of property into parcels less than five (5) acres within natural forest communities without obtaining the prior written recommendation of the Director or the Director's designee. The Director or the Director's designee shall issue his written recommendation of approval only if the Director or the Director's designee determines that a preservation area equivalent in size to the minimum preservation area required for the site under Section (I) has been designated prior to the proposed action. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Replacement requirements for tree removal. (1) Tree replacement requirements. As a condition of the issuance of a tree removal permit, the permittee shall be required to replace trees that are authorized to be removed under the provisions of this section. The number of trees and number of species of trees required for replacement shall be determined according to the procedures contained herein. When the replacement canopy area exceeds ten thousand (10,000) square feet, replacement shall be described in a landscape replacement plan which shall meet the minimum requirements of Section (3), and no tree removal permit shall be issued until said plan has been approved by the Department, except as provided in Section (4). (a) The following are exempt from this section: (i) All tree removal activities included in Section 24-49(4). 3431

232 MIAMI-DADE COUNTY CODE (b) (ii) All tree removal permits affecting natural forest community sites which meet the specific preservation requirements of Section (I)(1)(a) and (b). (iii) Trees which have been successfully relocated, pursuant to Section Natural forest community replacement requirements. (i) Pursuant to Section (I)(1)(c)., tree and understory replacement for pineland natural forest communities shall include the following: 1. All species proposed for replanting shall be native to Miami- Dade County's pinelands. 2. For each additional one-half ( 1 /2) acre which is permitted to be cleared, fifty (50) replacement pine trees (Pinus elliotti var. densa) shall be provided. Said pine trees shall meet the standards in either Section (4)(a)(i) or (ii); if the pine trees meet the standards of Section (4)(a)(i), then six hundred twenty-six (626) pineland understory and ground cover plants which meet the standards of Section (4)(a)(ii) shall be provided; if the pine trees meet the standards of Section (4)(a)(ii), then six hundred seventy-six (676) pineland understory and ground cover plans which meet the standards of Section (4)(a)(ii) shall be provided. The number of replacement plants for areas which are less than one-half ( 1 /2) acre shall be determined on a prorated basis. 3. The diversity of understory and ground cover species provided (c) shall be maximized to the greatest extent possible based on availability of materials. 4. An eighty (80) percent survival rate after one (1) year shall be guaranteed for all pineland natural forest community replacement plantings. (ii) As an alternative to Section (1)(b)(i) above, a monetary contribution, equal to the cost of the replacement plants, labor costs for installation, and survival rate guarantee costs, may be made to the Miami-Dade County Tree Trust Fund. Said funds shall be utilized by the County to reestablish pineland on County-owned property or to purchase pinelands for preservation purposes. (iii) All other applications for the removal of trees or understory within natural forest communities which meet the requirements of Section (I)(1)(a) and (b) or Section (I)(2) shall not require any tree or understory replacement. Specimen tree replacement requirements. As required in Section (II)(5), the replacement requirements for the removal of a specimen tree shall be twice those specified in this section, except as noted in Section (II)(6). (2) Procedures for determining tree replacement requirements. The Department shall determine the total number of replacement trees required for the issuance of a tree removal permit according to the following procedural steps: (a) Step 1: Determining existing tree canopy coverage on-site. The area of existing tree canopy coverage of a site shall be determined by the Department, using one (1) or any combination of the following methods: Review of aerial photography; on-site inspection; and review of a tree survey. The Department may require the applicant to submit a tree survey for the purpose of this determination. 3432

233 ENVIRONMENTAL PROTECTION, ETC (b) (c) Step 2: Determining impact area of proposed project. The area of existing canopy coverage which will be affected (impact area) by the applicant's proposed development shall be determined by the Department. This determination shall be based on a site plan and completed tree removal permit application form submitted to the Department by the applicant. Step 3: Determining number of replacement trees required to be planted. The total number of trees required for replacement shall be based on the area of impact and the category of replacement tree selected by the applicant. Each replacement tree shall compensate for a portion of the tree canopy lost in the impact area. The following table shall be used as a standard for determining the required number of replacement trees: Category Replacement Tree: Portion of Impact Area that each replacement tree compensates for in square feet: Shade Tree Shade Tree Palm Tree Palm Tree Small Tree 200 Any combination of shade trees, palm trees, or small trees shall be acceptable replacement, provided the total number of trees from all replacement categories compensate for the lost canopy. In the event that a replacement tree actually has more canopy coverage at the time of planting than the amount of credit allowed under the tree replacement formula above, then the applicant shall receive full credit for the canopy coverage provided by the replacement tree at the time of planting. The applicant shall submit a list of proposed replacement trees on a form provided by the Department, except when the total number of replacement trees exceeds twenty (20), and then the applicant shall be required to submit a landscape replacement plan consistent (d) (e) with the provisions of Section (3). Proposed replacement lists or plans are subject to Departmental approval. The Department shall approve proposed replacement trees that are consistent with the standards of Section (3). Step 4: Location of replacement trees. Specific placement of replacement trees onsite shall be determined by the applicant. If the site cannot accommodate the required replacement trees because of insufficient planting area as determined by the Department, then the applicant shall be required to plant replacement trees at an off-site location subject to Departmental approval, or, as a last alternative, shall provide an equitable contribution to the Miami-Dade County Tree Trust Fund to compensate for those replacement trees which cannot be accommodated on site. The amount of the contribution shall be determined according to the provisions of Section If any applicant is in doubt as to whether a particular site can sufficiently accommodate the required number and species of replacement trees as initially determined by the Department, then the applicant shall submit a statement prepared by a landscape architect registered in the State of Florida, indicating whether, in his professional opinion, the site can accommodate the required number of trees and species. Upon receipt of said statement, the Department shall reevaluate its initial determination and provide the applicant with a revised determination of requirements. In the event that the landscape architect is in agreement with the Department's determination of available planting space, however, due to design considerations, the applicant would elect to propose an alternative landscape enhancement plan or an equitable contribution to the Miami- Dade County Tree Trust Fund, then the provisions of Section (4) or (II)(5), respectively, shall apply. Step 5: Minimum species diversity standards. When more than ten (10) trees are 3433

234 MIAMI-DADE COUNTY CODE (f) required to be planted in accordance with the provisions of this section, a diversity of species shall be required. The number of species to be planted shall be based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity standards: Required Number of Trees Minimum Number Species of or more 6 Permittees shall not be required to plant in excess of six (6) species. The number of trees of each species planted shall be proportional to the number of species required. A minimum of fifty (50) percent of all replacement trees planted shall be native to Miami-Dade County, and no more than thirty (30) percent of the replacement trees shall be palms. However, when native trees are removed, all replacement trees shall be native species. As an alternative to the minimum species diversity required herein, an applicant may propose an alternative species diversity in an alternative landscape enhancement plan described in Section (4). Step 6: Minimum standards for replacement trees. (i) (ii) All replacement trees shall have a minimum quality of a Florida No. 1 grade or better. The Department shall maintain a list of species for each category of replacement tree. This list may be amended from time to time, as necessary. Replacement tree heights shall be determined by overall height measured from where the tree meets the ground to the top-most branch. 1. All category 1 replacement shade trees shall be a minimum of twelve (12) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions. 2. All category 2 replacement shade trees shall be a minimum of eight (8) feet in height at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions. 3. All category 1 replacement palm trees shall have a minimum height of ten (10) feet at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions. 4. All category 2 replacement palm trees shall have a minimum height of three (3) feet at the time of planting and at maturity should have a canopy coverage of one hundred (100) square feet under normal growing conditions. 5. All replacement small trees shall have a minimum height of six (6) feet at the time of planting and at maturity should have a canopy coverage of two hundred (200) square feet under normal growing conditions. (3) Requirements for a landscape replacement plan. Except as provided in Section (4), a landscape replacement plan shall be submitted to the Department by the permit applicant when a minimum of ten thousand (10,000) square feet of replacement canopy is required under the provisions of Section (2). All landscape replacement plans shall meet the following minimum standards: (a) The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with Section (2). 3434

235 ENVIRONMENTAL PROTECTION, ETC (b) (c) The applicant shall submit a site plan that includes the proposed replacement locations of all replacement plantings and tree relocations, all property lines, and all proposed and existing structures, driveways and utility easements. The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree or trees shall be removed without removal of the trees, a notation shall be made on the plan. (4) Alternatives to the provisions of Sections (2) and (3). Instead of replacing all affected trees pursuant to the provisions of Sections (2) and (3), an applicant may propose to relocate existing trees or propose a unique project design which provides reasonable assurance that the project complies with the intent to maintain tree canopy. (a) Generally, as an exception to the requirements of Section (2), and in order to provide for development of exceptional or unique landscape designs which cannot meet the express terms of Section (2), an applicant may submit an alternative landscape enhancement plan. As an alternative to the requirements in Section (2)(c), tree replacement credit may be granted for planting shrubs or ground covers, based upon the following table, provided, however, that a minimum of fifty (50) percent of the required canopy replacement is achieved by using shade trees and palm trees as required by Section (2)(c). Category of Tree Alternative Shrub or Ground Cover: Shrub 1 (including small palms) Shrub 2/Ground 30 Cover (i) Portion of Impact Area that Each Tree Alternative Shrub, or Ground Cover Compensates for in Square Feet: 60 All category 1 tree alternative shrubs shall be a minimum of two (2) feet in (b) (c) (d) (ii) height at the time of planting and at maturity should have a canopy coverage of sixty (60) square feet under normal growing conditions. All category 2 tree alternative shrubs or ground covers shall have a root system sufficient to sustain growth and at maturity should have a canopy coverage of ten (10) to twenty (20) square feet under normal growing conditions. The applicant shall have the burden of demonstrating that a design meets the intent of this article. At a minimum, an alternative landscaping enhancement plan shall include, without limitation: (i) (ii) A statement, prepared by a landscape architect registered in the State of Florida, which indicates that the intent of this article can be effectively met through the submission of the alternative design; and A site plan, prepared by a landscape architect registered in the State of Florida, that includes the proposed location, scientific name or description of all vegetation to be preserved or planted, all property lines, and all proposed or existing structures, driveways and utility easements; and (iii) A tabulation that identifies any deviations from the requirements of Section (2) and explicitly provides tree replacement alternatives. The Department shall approve an alternative landscape enhancement plan when: (i) (ii) The design preserves and incorporates existing vegetation; and The design exceeds the minimum requirements or equivalent of Section (2). Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive full credit for the relocated trees and the tree replacement requirements herein shall not apply to such relo- 3435

236 MIAMI-DADE COUNTY CODE cated trees. All relocated trees shall meet the standards set forth in Section for tree relocation. (Ord. No , 1, 5, ; Ord. No , 2, ; Ord. No , 2, ) Sec Tree protection requirements during construction. (1) During site development, protection requirements for trees designated for preservation under an approved tree removal permit shall include, but not be limited to, the following: (a) (b) (c) (d) (e) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the preservation area no less than six (6) feet (in radius) from the trunk of any protected tree, cluster of trees, or preservation area unless a lesser distance is specified by the Department. Protective barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood, plastic or metal, and shall remain in place until development is completed and the Department has authorized their removal. Protective barriers shall be in place prior to the start of any construction. Understory plants within protective barriers shall be protected. No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waste material such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or understory plants within the areas surrounded by protective barriers. Trees shall not be braced in such a fashion as to scar, penetrate, perforate or otherwise inflict damage to the tree. Natural grade shall be maintained within protective barriers. In the event that the natural grade of the site is changed as a result of site development such that the safety of the tree may be endangered, tree wells or retaining walls are required. (f) (g) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by using techniques such as tunneling or overhead utility lines. Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots. (2) Exceptions to the provisions of Section (1). Exceptions to the requirements of Section (1) shall be approved only when the permittee receives specific written authorization from the Director or the Director's designee. The Director or the Director's designee shall not issue written approval unless the Director or the Director's designee determines that the affected tree(s) can be adequately protected without meeting the requirements of Section (1), or due to exceptional circumstances it is not practical or reasonable to meet the requirements of Section (1). (3) If the requirements of Section (1)(a) through (g) are not adhered to by the permittee and the trees are effectively destroyed, then all such trees shall be replaced according to the standards of Section (2), in addition to being subject to the penalty provisions of Sections 24-29, and of the Code of Miami-Dade County. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Tree relocation standards. The relocation of any tree that is subject to the provisions of this article shall be consistent with the following minimum standards: (1) Trees other than palms: (a) Tree roots shall be severed in such a manner as to provide a root ball which is sufficient to ensure survival of the tree when relocated. A suffi- 3436

237 ENVIRONMENTAL PROTECTION, ETC (b) (c) (d) (2) Palms: (a) (b) (c) ciently-sized planting hole shall be provided at the relocation site to ensure successful regrowth. After root severing, adequate time shall be allowed prior to replanting to ensure survival of the tree(s). After root severing and prior to relocation, tree(s) shall be watered a minimum of twice weekly. After relocation, tree(s) shall be watered a minimum of twice weekly until the tree(s) are established. During removal and transportation of the tree, the root ball and vegetative portions of the tree shall be protected from damage from wind or injury. Any tree that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the standards set forth in Section (2). A ball of earth at least one (1) foot from the base of the tree shall be moved with the tree. Fronds shall be securely tied around the bud prior to relocation and shall remain securely tied around the bud during the entire relocation process and for a minimum of one (1) week after relocation. The bud shall be protected from damage or injury during relocation. (d) Any palm that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the standards set forth in Section (2). (Ord. No , 1, 5, ) Sec Permit issuance, confirmation of natural forest community maps, existing permits, approvals and consent agreements. (1) The Department shall deny an application, or approve an application and issue a permit (subject to conditions, limitations or restrictions), for the activity proposed under the permit application, provided: (a) (b) (c) The required application fee and permit fee is submitted to Miami-Dade County. A performance bond, if required, has been posted. As a condition of issuing a tree removal permit, the Department may require the posting of a performance bond to guarantee compliance with all other conditions, limitations, and restrictions of the tree removal permit (the permitted activity), including, without limitation, planting of all required replacement trees. The bond shall be equivalent to one hundred (100) percent of the estimated cost of the permitted activity and may be in the form of a letter of credit, surety, cash, or certificate of deposit. All performance bonds shall remain in force for a minimum of either one (1) year after the actual completion date of the permitted activity (to ensure that any replanted trees which perish are replaced), or until viability of all replanted trees has been achieved, whichever occurs last. However, at the discretion of the Director or the Director's designee, performance bonds may be partially released in phases based upon partial completion of planting or other permit requirements. All required plans or covenants are submitted and are in compliance with the standards herein. (2) All permits shall clearly specify all conditions, limitations and restrictions required by the Department. The permit applicant shall acknowledge that the permit applicant fully understands and agrees to comply with all of said conditions, limitations or restrictions by signing the permit prior to its issuance. 3437

238 MIAMI-DADE COUNTY CODE (3) All tree removal permit applications which remain incomplete for a period of one hundred twenty (120) days shall be denied. A new tree removal permit application shall be required for all work previously proposed under a permit application which has been denied. (4) The natural forest community maps approved by the Board of County Commissioners on December 12, 1984, by Resolution No , all tree removal permits issued pursuant to Chapter 26B, Department approvals, and all consent agreements executed in order to resolve alleged violations of Chapter 26B of the Code of Miami-Dade County, Florida, are hereby confirmed and shall remain in full force and effect, and all conditions, restrictions and limitations contained therein shall continue to apply, and compliance therewith shall be enforceable pursuant to the provisions of this chapter. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Permit fees; schedule. The Department shall charge and collect application and permit fees and trust fund contributions at the rates established by separate administrative order which shall not become effective until approved by the Board of County Commissioners. Applications from government agencies for tree removals in areas dedicated to public use may, in the discretion of the Director, be exempted from application fees and permit fees. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Prohibited plant species and controlled plant species. (1) Controlled plant species listed in the Miami- Dade County Landscape Manual on the effective date of this ordinance shall not be planted within 500 feet of native plant communities as defined pursuant to Section 18-3, Code of Miami-Dade County, Florida. Additionally, the following exotic pest plant and nuisance species, with scientific nomenclature as set forth in Wunderlin, Richard P. and Hansen, Bruce F., Guide to the Vascular Plants of Florida, 2nd Ed. University of Florida Press, Gainesville, FL. (2003), a copy of which shall be maintained by the Director or Director's designee and available for review by the public, may not be sold, propagated or planted anywhere in Miami-Dade County. If present on a development or redevelopment site, they shall be removed prior to development or redevelopment, and their sale, propagation, planting, importation or transportation shall be prohibited. Pursuant to this subsection and in accordance with Chapter 19 of the Code of Miami-Dade County, Florida, developed sites shall be maintained to prevent the growth or accumulation of prohibited species including grass, weeds and non-native undergrowth. Abrus precatorius (Rosary pea) Acacia auriculiformis (Earleaf acacia) Adenanthera pavonina (Red beadtree, red sandalwood) Albizia lebbeck (Woman's tongue, lebbeck tree, siris tree) Antigonon leptopus (Coral vine, queen's jewels) Ardisia crenata (Scratchthroat, coral ardisia) Ardisia elliptica (Shoebutton, shoebutton ardisia) Bischofia javanica (Javanese bishopwood, bishopwood, bischofia, toog) Casuarina spp. (Australian pine, sheoak, beefwood) Cestrum diurnum (Dayflowering jessamine, day blooming jasmine, day jessamine) Cinnamomum camphora (Camphortree, camphor tree) Colubrina asiatica (Asian nakedwood, leatherleaf, latherleaf) Cupaniopsis anacardioides (Carrotwood) Dalbergia sissoo (Indian rosewood, sissoo) Dioscorea alata (White yam, winged yam) Dioscorea bulbifera (Air potato, bitter yam, potato vine) Eichhornia crassipes (Common water-hyacinth, water-hyacinth) Ficus altissima (Council tree, lofty fig, banyan tree, false banyan) 3438

239 ENVIRONMENTAL PROTECTION, ETC Ficus benghalensis (Banyan tree, banyan fig, Indian banyan, East Indian fig tree, Bengal fig) Ficus microcarpa (Indian laurel, laurel fig, Malay banyan, Chinese banyan, glossy leaf banyan)* Flacourtia indica (Governor's plum, Madagascar plum, batoko plum, ramonchi) Hydrilla verticillata (Water thyme, hydrilla) Hygrophila polysperma (Indian swampweed, green hygro) Hymenachne amplexicaulis (Trompetilla, West Indian marsh grass) Imperata cylindrica (Cogongrass) Ipomoea aquatica (Water-spinach) Jasminum dichotomum (Gold Coast jasmine) Jasminum fluminense (Brazilian jasmine, jazmin de trapo) Leucaena leucocephala (White leadtree, lead tree, jumbie bean, tan-tan) Ludwigia peruviana (Peruvian primrosewillow) Lygodium spp. except L. palmatum (Climbing fern, e.g. Old World climbing fern, Japanese climbing fern) Macfadyena unguis-cati (Catclaw vine) Melaleuca quinquenervia (Punk tree, melaleuca, cajeput, paperbark tree, tea tree, swamp tea tree) Melia azedarach (Chinaberrytree, Chinaberry) Merremia tuberosa (yellow morning-glory, woodrose, Hawaiian woodrose) Mikania micrantha (Mile-a-minute, bittervine) Mimosa pigra (Black mimosa, Catclaw mimosa) Neyraudia reynaudiana (Burmareed, silkreed) Paederia spp. (Sewervine, skunkvine, onion vine) Panicum repens (Torpedograss) Pennisetum purpureum (Elephantgrass, Napiergrass) Pistia stratiotes (Water lettuce) Pueraria montana var. lobata (Kudzu) Rhodomyrtus tomentosa (Rose myrtle, Downy rose-myrtle) Rhynchelytrum repens (Rose natalgrass, Natal grass) Ricinus communis (Castorbean, castor oil plant, palma christi, wonder tree) Sapium sebiferum (Popcorntree, Chinese tallowtree) Scaevola taccada (Beach naupaka, scaevola, half-flower) Schefflera actinophylla (Australian umbrella tree, octopus tree, Queensland umbrella tree) Schinus terebinthifolius (Brazilian pepper, Christmas berry tree, Florida holly) Senna pendula var. glabrata (Valamuerto, Climbing cassia, Christmas cassia, Christmas senna) Solanum tampicense (Aquatic soda apple, wetland nightshade) Solanum viarum (Tropical soda apple) Talipariti tiliaceum (Mahoe, sea hibiscus, yellow mahoe) Tectaria incisa (Incised halberd fern) Thespesia populnea (Portia tree, seaside mahoe, cork tree, false rosewood) Tribulus cistoides (Puncture vine, burrnut, Jamaican feverplant, billy-goat weed, large yellow caltrop) Urochloa mutica (Paragrass) * Ficus microcarva may be propagated for export outside of the State of Florida. (2) Definitions for Section (1), Sections (3)(a), 3(b), and 3(c): (a) (b) Importation shall mean the conveyance by any means of plants into Miami-Dade County. Planting shall mean the placing on or setting into the ground of live plant material. 3439

240 MIAMI-DADE COUNTY CODE (c) (d) (e) Propagation shall mean the physical act of causing plants to multiply by any process of reproduction from plant stock. Sale shall mean the act of transferring or conveying plants to a purchaser for consideration. Transportation shall mean the act of carrying or conveying plants from one (1) place to another for the purpose of sale, planting, importation or propagation. (3) Variances. (a) (b) A variance by the Director from the requirements or prohibitions of this section may be requested, subject to the conditions justifying variance approval outlined below in Section (3)(b). Said variance request shall be made in writing to the Director and shall include the following information: (i) (ii) Name and address of the person or persons requesting the variance. Location of the property for which the variance is requested. (iii) A sketch or drawing indicating the location within the subject property where the planting or field propagation of the otherwise prohibited plant species will occur. (Container propagation shall be exempt from said sketch or drawing requirements.) (iv) The reason or reasons for requesting the variance. The Director may, in the Director's discretion, issue a variance from the provisions of this subsection based upon the following factors: (i) (ii) Proximity of the subject planting or propagation to any environmentally sensitive areas (e.g., wetlands, hammocks, pinelands, dunes). Lack of appropriate alternative plant species to fulfill the same purpose or purposes for planting. (iii) The designation of a tree as a Historic Tree by the local Historic Preservation Board. (iv) Compensatory actions proposed to offset impacts for any adverse environmental impact or cumulative adverse environmental impact which may result from granting the variance. (c) The Director shall issue or deny a variance request within thirty (30) days of receipt of the variance request, provided the required information described in Section (3)(a)(i) through (iv) above has been submitted. (Ord. No , 1, 5, ; Ord. No , 2, ; Ord. No , 3, ) DIVISION 3. ENVIRONMENTALLY ENDANGERED LANDS PROGRAM Sec Title. This section shall be known as the Environmentally Endangered Lands Program. (Ord. No , 1, 5, ) Sec Legislative intent. The historic loss, fragmentation, and degradation of native wetland and upland forest communities in Miami-Dade County are well documented, and remaining native wetland and upland forest communities are collectively endangered. On May 8, 1990, the electorate of Miami-Dade County authorized the county to exceed the constitutional millage limitation by levying an ad valorem tax of three-quarters of one mil, for a period not to exceed two (2) years, for acquisition, preservation, enhancement, restoration, conservation and maintenance of environmentallyendangered lands for the benefit of present and future generations; and limiting all uses of, and all investment earnings on, such levies to such purposes. It is the intent of the Board of County Commissioners of Miami-Dade County to establish the Environmentally Endangered Lands Program to implement this mandate and to support its purposes to the fullest. (Ord. No , 1, 5, ; Ord. No , 2, ) 3440

241 ENVIRONMENTAL PROTECTION, ETC Sec Definitions. The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: (1) Acquisition proposal shall mean (a) parcel(s) of land which has/have been nominated or recommended for acquisition in accordance with procedures provided for hereinbelow. (2) Acquisition project shall mean (a) parcel(s) of land approved by the Board of County Commissioners for acquisition by the county in accordance with procedures provided for hereinbelow. (3) Ancillary land shall mean that land which is adjacent to environmental land and which is necessary to the management and protection of the environmental land for such purposes as fence installation, access of maintenance equipment, firebreaks, parking, or other management activities which are indicated in the management feasibility evaluation. (4) Bona fide organization shall mean an organization which has an elected board of directors, has adopted a charter, bylaws, or rules of procedure, conducts a meeting of its membership at least annually, and which has been in existence in Miami-Dade County for at least two (2) years prior to the adoption of the ordinance from which this chapter derives. (5) Buffer land shall mean that land which is adjacent to publicly-owned environmental land or to an environmental land acquisition proposal or project, or that land which is an inholding within publiclyowned environmental land or within an environmental land acquisition proposal or project, and which, if not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity of the resource. (6) Environmental land shall mean that land which contains natural forest or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, or outstanding geologic or other natural features, or that land which functions as an integral and sustaining component of an existing ecosystem. (7) Management shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentallyendangered lands which have been acquired or approved for management under the Environmentally Endangered Lands Program. (Ord. No , 1, 5, ) Sec Environmentally Endangered Lands Program established. The Miami-Dade County Environmentally Endangered Lands Program (hereinafter referred to as the EEL Program) is hereby established to acquire, preserve, enhance, restore, conserve, and maintain threatened natural forest and wetland communities located in Miami-Dade County, for the benefit of present and future generations. The County Manager shall administer this program in accordance with the procedures and criteria provided for hereinbelow. (Ord. No , 1, 5, ; Ord. No , 2, ) Sec Purpose. The purpose of the EEL Program shall be: (1) To acquire environmentally-endangered lands which contain natural forest or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, or outstanding geologic or other natural features; (2) To acquire environmentally-endangered lands which function as an integral and sustaining component of an existing natural system; (3) To protect environmentally-endangered lands which are publicly owned by acquir

242 MIAMI-DADE COUNTY CODE ing inholdings or adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance the environmental integrity of the resource; (4) To implement the objectives and policies of the Comprehensive Development Master Plan for Miami-Dade County which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, and endangered species habitat; (5) To identify Miami-Dade County's best and most endangered environmental lands for acquisition and management by evaluating the biological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; (6) To manage environmentally-endangered lands with the primary objective of maintaining and preserving their natural resource values by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved for present and future generations; (7) To use the acquired sites, where feasible within financial constraints and with minimal risk to the environmental integrity of the site, to educate Miami-Dade County's school-age population and the general public about the uniqueness and importance of Miami-Dade County's subtropical ecosystems and natural communities; and (8) To cooperate actively with other acquisition, conservation, and resource management programs, including, but not limited

243 PUBLIC HEALTH TRUST 25A-3 Sec. 25A-1. Creation of Trust. There is hereby created and established by authority of Chapter , Laws of Florida 1973, as an agency and instrumentality of Miami- Dade County, a revocable statutory trust the terms of which may be modified by Miami-Dade County, which Trust shall be named and known as the "Public Health Trust of Miami-Dade County, Florida" (hereinafter also referred to as the "Trust"). The Trust shall be a public body corporate and politic which, through its governing body, may exercise all those powers either specifically granted herein or necessary in the exercise of those powers herein enumerated. (Ord. No , 1, ; Ord. No , 1, ) Sec. 25A-2. Designated facilities and transfer of property in trust. (a) Designated facilities. The Trust, acting through its governing body as hereinafter defined, shall be responsible for the operation, maintenance and governance of the following facilities which are hereby declared to be "designated facilities" as that term is defined and used in Chapter , Laws of Florida 1973: Jackson Memorial Hospital and all related facilities and real and personal property used in connection therewith either presently existing or which may come into existence in which Miami-Dade County has a legal interest and which are located within the area bounded by NW 15 Avenue on the west, NW 20 Street on the north, NW 7 Avenue on the east, and NW 14 Street on the south; and all facilities and real and personal property which the Trust may acquire pursuant to the terms of this chapter. By resolution, the Board of County Commissioners may designate additional facilities or declassify and remove from the jurisdiction of the Trust facilities which have previously been designated. (b) Transfer of property in trust. Pursuant to the provisions of this chapter, the Trust shall have possession and operating control of, but not title to, all real property within the meaning of "designated facilities," as that term is defined by this chapter. Title to all items of personal property within the meaning of "designated facilities," as that term is defined by this chapter, shall be transferred to the Trust to be held in trust pursuant to the provisions of this chapter, provided however, that the Trust shall be empowered to sell or otherwise lawfully dispose of such personal property. (Ord. No , 2, ; Ord. No , 1, ) Sec. 25A-3. Governing body. (a) Composition. The governing body of the Trust shall be a Board of Trustees composed of seven (7) voting members none of whom shall be employees of the Trust. Provided further that, if required by applicable law, regulation, or accreditation body, the governing body shall include at least one (1) member who is a physician authorized to practice medicine in the State of Florida. The voting membership shall be selected in accordance with Section 25A-3(d). (b) Qualifications. Each member of the Board of Trustees shall be a United States citizen and a permanent resident and duly qualified elector of Miami-Dade County, unless the Board of County Commissioners waives the residency requirement by a two-thirds vote of its membership, and shall be of an outstanding reputation of integrity, responsibility, and commitment to serving the community. Before entering upon the duties of office, each appointee to voting membership on the Board of Trustees shall give bond in the amount of one hundred thousand dollars ($100,000.00) to the Clerk of the Commission for the faithful performance of the duties of office and shall take the prescribed oath of office. Trustees shall serve without compensation but shall be entitled to reimbursement for necessary expenses, including the expense of performance bonds, incurred in the discharge of their duties. (c) Modified applicability of Conflict of Interest and Code of Ethics Ordinance. The Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (hereinafter referred to as the "Conflict of Interest Ordinance"), Section of the Code of Miami-Dade County, Florida, shall be applicable to the members of the Board of Trustees of the Public Health Trust only in the manner 3575

244 25A-3 MIAMI-DADE COUNTY CODE and to the extent hereinafter provided. It is declared to be the intent of the Commission, as expressed in this subsection, to provide that the Conflict of Interest Ordinance shall not operate to preclude individuals from serving as Trustees on the basis of interests relating to Miami-Dade County when such interests do not conflict with the Trust. Wherever in the Conflict of Interest Ordinance reference is made to Miami-Dade County, that reference shall be deemed and construed to be a reference to the Public Health Trust; wherever in the Conflict of Interest Ordinance reference is made to the Board of County Commissioners, that reference shall be deemed and construed to be a reference to the Board of Trustees of the Public Health Trust; and wherever in the Conflict of Interest Ordinance reference is made to the Commissioners of the Board of County Commissioners, that reference shall be deemed to be a reference to the voting members of the Board of Trustees of the Public Health Trust. (d) Appointment and removal of Trustees. Five (5) Voting Trustees shall be appointed by resolution of the Board of County Commissioners after having been selected by the Commission from persons nominated by a Nominating Council established and described herein. Prior to September 1st of each year, the Nominating Council shall submit to the Commission a list of nominees containing a total number of names which is equal to one (1) nominee for each vacancy on the Board of Trustees plus two (2) additional nominees. The Commission shall select and appoint the voting Trustees from the list of nominees submitted by the Nominating Council. The Nominating Council shall select each nominee by individual majority vote. In the event of a tie vote, the candidate shall not be designated as a nominee. (1) The Nominating Council, hereinafter known as the Public Health Trust Nominating Council, shall be comprised of the following nine (9) voting members: five (5) voting Trustees of the Public Health Trust as designated by the Chairperson of the Public Health Trust; the President of the South Florida AFL-CIO or his or her designee; the Chairperson of the Board of County Commissioners or a Commissioner designated by the Chairperson; the Mayor or his or her designee; and the Chairperson of the Miami-Dade Legislative Delegation or another member of the delegation appointed by Chairperson of the Miami-Dade Legislative Delegation. The Chairperson of the Trust shall chair the Nominating Council. The presence of five (5) Council members shall be necessary and sufficient to constitute a quorum for the transaction of business at all meetings of the Nominating Council. When being considered for reappointment any Voting Trustee under consideration shall absent himself or herself from the Nominating Council meetings during the discussions on the reappointment and shall not vote on, or participate in any way, in said matter. The Mayor and the County Attorney shall provide appropriate staff support to the Council. The sole function of the Nominating Council shall be to solicit, screen (including, but not limited to, reference reviews and background screening of each nominee), interview and recommend for appointment the best qualified candidate for each vacancy on the Trust Board. The membership of the Board of Trustees should be representative of the community at large and should reflect the racial, gender, ethnic and disabled make-up of the community. The Council should consider the most current demographic statistics from Miami-Dade County. Said Council and the procedures under which it will operate shall be approved by the Board of County Commissioners. All meetings of the Nominating Council shall be audio recorded and minutes of the proceedings shall be transcribed and maintained by the Clerk of the Board of the County Commission. (2) The Commission may ratify appointment of the remaining Voting Trustees as follows: One (1) member of the Trust Board shall be designated by the Mayor in writing, and a copy thereof shall be filed with the Clerk of the Commission: one (1) member of the Trust Board shall be designated 3576

245 PUBLIC HEALTH TRUST 25A-3 by the Chairperson of the Miami-Dade Legislative Delegation in writing, and a copy thereof shall be filed with the Clerk of the Commission. Upon receipt of any written designation to fill a designated vacancy by the Mayor or the Chairperson of the Miami-Dade Legislative Delegation, the Clerk of the Commission shall serve copies on the Nominating Council. The Nominating Council shall conduct reference reviews and background screening for each designee. Upon completion, the Council shall submit the results to the Clerk of the Commission. The Clerk shall serve copies of the written designations and the review and screening results to the Commission. The designations then shall be presented at the next regularly scheduled Commission meeting for review. Absent any disapproval at the next regularly scheduled Commission meeting, the designees shall be deemed ratified by the Commission and shall be deemed appointed to the Trust Board. (3) At any time that the Commission has established a Financial Recovery Board under Section 25A-9(c)(5) herein, then upon expiration thereof, the members of the Recovery Board shall become the Voting Trustees of the reestablished Board of Trustees. The Nominating Council shall convene not less than ninety (90) days prior to the conclusion of the tenure of Financial Recovery Board for the purpose of assigning the members of the expiring Recovery Board to staggered initial terms as voting members of the reestablished Board of Trustees and submitting said assignments to the Commission for ratification and appointment by resolution. The Nominating Council shall stagger the initial terms for the voting members of the reestablished Board of Trustees as follows: (i) one (1) voting member designated by the Nominating Council shall serve an initial term of four (4) years; (ii) two (2) voting members designated by the Nominating Council shall serve an initial term of three (3) years; (iii) two (2) voting members designated by the Nominating Council shall serve an initial term of one (1) year: and (iv) the two (2) voting members designated by the Mayor or Miami- Dade Legislative Delegation shall serve an initial term of two (2) years each. Voting members appointed to the reestablished Board of Trustees for a term of less than three (3) years shall remain eligible to serve three (3) consecutive and complete terms of two (2) years. Voting members appointed to an initial term of three (3) or more years shall be eligible to serve one (1) additional term of three (3) years. In the event of a vacancy during the term of a voting Trustee, the Trust shall notify the Commission of the vacancy and shall request that it be filled as part of the annual appointment process or by special convening of the Public Health Trust Nominating Council. A Trustee may be removed by a majority vote of the Board of County Commissioners for cause. (e) Tenure of Trustees. Three (3) of the voting Trustees designated by the Nominating Council shall serve staggered terms of three (3) years each. Said voting Trustees shall be permitted to serve no more than two (2) consecutive and complete terms of three (3) years each. The remaining voting Trustees shall serve staggered terms of two (2) years each. Said voting Trustees shall be permitted to serve no more than three (3) consecutive and complete terms of two (2) years each. The term of a designee of the Mayor shall be coterminous with the term of the appointing Mayor and until the successor Mayor replaces the designee. The term of a designee of the Miami-Dade Legislative Delegation shall be coterminous with the term of the appointing Chairperson of the Miami-Dade Legislative Delegation and until the successor Chairperson replaces the designee. (f) Organization, powers and duties of the Board of Trustees. The Board of Trustees shall organize after the members thereof have qualified to serve and shall elect one (1) of its voting members as Chairperson and one (1) of its voting members as Vice-Chairperson and shall designate a Secretary 3577

246 25A-3 MIAMI-DADE COUNTY CODE who may or may not be a member of the Board, and such other officers as the Board of Trustees may determine to be necessary. In addition: (1) The Board of Trustees shall hold regular meetings in accordance with the bylaws of the Trust and the Board may hold such other meetings as it deems necessary. The Trust shall hold and televise regular meetings of the Board of Trustees in Commission chambers. The regular meetings shall not conflict with the meeting schedule for the Board of County Commissioners or its committees. At the discretion of the Trust, other meetings may be held and televised in the Commission chambers. The Trust shall request use of Commission chambers for regular or other meetings of the Board of Trustees through the Chairperson of the Board of County Commissioners. The Chairperson of the Board of County Commissioners shall have final authority to approve the scheduling of such regular or other meetings of the Board of Trustees in the Commission chambers. A copy of each agenda item for regular meetings of the Board of Trustees shall be furnished to the voting members of the Board of Trustees not later than four (4) working days before a vote may be called on the item. The provisions of this four (4) day requirement shall be deemed waived unless asserted by a voting member before the Board of Trustees takes action on the resolution, motion or other item in question. If any regular, special or other meeting of the Board of Trustees held in Commission chambers shall commence or continue past regular working hours of County staff whereby overtime charges or other expenses are incurred, then the Trust shall not be charged, billed or obligated to pay or reimburse the County for any such overtime charges or other expenses. Except as provided by law, all meetings of the Board shall be public and audio recorded and written minutes of the proceedings thereof shall be maintained by the Office of Internal Audit, as such term is hereafter defined. All actions taken at the meetings of the Board shall be promptly and properly recorded. Copies of all minutes and resolutions of the Board shall be forwarded to the Clerk of the Board of County Commissioners no later than ten (10) days subsequent to any meeting of the Board of Trustees. (2) In exercising the powers and carrying out the duties otherwise provided by this chapter, the Board of Trustees shall have the powers, duties, and responsibilities customarily vested in Trustees and, to the extent not in conflict therewith, shall also have the powers, duties and responsibilities customarily vested in the Board of Directors of a private corporation. (3) As governing body of the Trust, the Board of Trustees shall exercise supervisory control over the operation, maintenance, and governance of all designated facilities and of all functions and activities taking place in connection with the operation of designated facilities. (4) The Board of Trustees shall make, adopt and amend bylaws and rules and regulations for the Board's governance and for the operation, governance, and maintenance of designated facilities. Such bylaws and amendments thereto shall not be valid until approved by the Board of County Commissioners and shall not, without, approval of the Commission, be inconsistent with ordinances of the County. Unless otherwise provided in the bylaws approved by the Board of County Commissioners, no item shall be placed on an agenda of a regular meeting of the Board of Trustees or considered by the Board of Trustees, unless the item has been considered first by a committee of the Board of Trustees and forwarded after such consideration to the full Board of Trustees as hereinafter provided. A committee of the Board of Trustees may take one of the following actions with respect to each matter before the committee for action: (i) (ii) Recommend favorably; Recommend favorably with committee amendment(s); 3578

247 PUBLIC HEALTH TRUST 25A-3 (iii) Forward without recommendation, upon the unanimous vote of the members of the committee who are present; (iv) (v) (vi) Receive a report; Lay the matter on the table resulting in the matter not being placed on an agenda of the Board of Trustees; or Defer or take no action on an item for a maximum of two consecutive committee meetings. Deferral of or failure to act on a matter beyond two consecutive meetings shall cause the matter to be laid on the table, as set forth in the preceding subparagraph. Notwithstanding any other provision of this section, whenever action can not be taken because the vote of the committee members on an item 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 deemed to be laid on the table, as set forth in the preceding subparagraph; such item shall be reintroduced only in accordance with the renewal provisions of subparagraph (x) of this section. (vii) An item that has not been considered by a committee may be placed on the agenda of the Board of Trustees if the chairperson of the committee to which the item has been referred requests a waiver in writing and the Chairperson of the Board of Trustees concurs. (ix) (x) (xi) (viii) A matter that has not been considered by a committee may be placed on the agenda of the Board of Trustees to meet a public emergency of the Public Health Trust as determined in writing by the Chairperson of the Board of Trustees. Time sensitive matters with little or no financial impact may be placed on an agenda of the Board of Trustees by the Chairperson of the Board of Trustees without having been considered by a committee. Any committee action taken pursuant to subparagraph (i) through (vi) of this section may be reconsidered only at the same meeting at which the action was taken. A motion to reconsider an item resulting in a tie vote is out of order and no such motion may be reconsidered. Once an item is laid on the table in a committee, the proposed item may not be brought before that committee again during the three (3) month period following the date the item is laid on the table (subject to the provisions of subparagraph (ix) hereof), unless an application for renewal made by two-thirds ( 2 /3) of the committee members is first submitted to the chairperson of the committee. The following matters may be heard directly by the Board of Trustees: special or citizen's presentations; resolutions recommending to the Commission the naming or renaming of Trust designated facilities; settlements; resolutions related to contract lobbyist conflict waiver requests; and resolutions expressing intent. In addition, the Trust bylaws, adopted in accordance with this Chapter, may delineate additional matters that may be heard directly by the Board of Trustees without committee deliberation. (5) The Board of Trustees shall be empowered to appoint a Chief Executive Officer of the Trust and to remove such an appointee. There shall be a special Trust Compensation and Evaluation Committee which shall consist of seven (7) voting members including the Chairperson of the Public Health Trust, three (3) Trustees appointed by the Chairperson of the Public Health Trust, the Mayor or a Com- 3579

248 25A-3 MIAMI-DADE COUNTY CODE missioner designated by the Mayor and the Chairperson of the Board of County Commissioners and a Commissioner designated by the Chairperson, or, alternatively, in the discretion of the Commission Chairperson, two (2) Commissioners designated by the chairperson of the Board of County Commissioners. The special Compensation and Evaluation Committee shall make recommendations to the Trust through the Trust Executive Committee regarding compensation for the Trust Chief Executive Officer. The Board of Trustees shall annually evaluate the performance of the Trust Chief Executive Officer and refer such evaluation to the special Trust Compensation and Evaluation Committee for the compensation recommendation it deems appropriate, based on the Board's performance evaluation of the Trust Chief Executive Officer. (6) There shall be a Trust/Medical Schools Annual Operating Agreement Negotiating Committee (the "Trust/Medical Schools AOA Committee"). The Trust Chief Executive Officer shall have responsibility to negotiate the Annual Operating Agreements with the University of Miami and Florida International University and shall submit their recommendations regarding the Annual Operating Agreements to the Trust/Medical Schools AOA Committee for its review and approval. The Trust/Medical Schools AOA Committee shall make recommendations regarding the Annual Operating Agreements to the Board of Trustees. The Trust/Medical Schools AOA Committee shall consist of seven (7) voting members including the Chairperson of the Public Health Trust, four (4) Trustees appointed by the Chairperson of the Public Health Trust, the Mayor or designee, and the Chairperson of the Board of County Commissioners or designee. (h) Protection from personal liability. The Trustees shall be included as insured within the terms of the comprehensive general and professional liability insurance policies of the County for the protection of individual members of County boards while such members are acting within the scope of their duties. The Trustees shall while acting within the scope of their duties also be entitled to personal liability protection, to the same extent that members of other County boards have such protection, from funds set aside by the County to satisfy claims not payable from insurance proceeds by virtue of loss deductible clauses in liability insurance policies. The Board of Trustees shall be empowered to obtain such additional Trustees' liability insurance as the Board shall determine to be necessary, and the expense of such insurance shall be an expense of the Trust. (Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 88-6, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. 02-5, 1, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ) Annotations CAO's 76-26, 77-65, 77-68, 79-29, 80-28, Sec. 25A-4. Powers and duties of the Trust. In connection with its responsibilities for the operation, maintenance, and governance of designated facilities, the Trust, acting through its governing body, shall be authorized to exercise such powers and shall be required to perform such duties as are hereinafter provided. (g) Designation of office space and the hiring of staff. It shall be within the discretion of the Trust to designate office space and to hire staff to direct and coordinate Trust activities. (a) Power to act. The Trust shall be empowered to sue and be sued, to plead and be impleaded, to contract and be contracted with, and to have an official seal and alter 3580

249 PUBLIC HEALTH TRUST 25A-4 (b) the same. This provision shall not be construed to in any way affect the laws relating to governmental immunity. Health care delivery policies. (1) Planning for designated facilities. The Trust shall annually develop and recommend to the County Commission policies for the admission of hospital patients, the determination of the indigent status of patients and health care delivery in the designated facilities of the Trust, including primary, secondary and tertiary health care. The Trust shall also develop and recommend to the County Commission long range plans in five-year intervals for the delivery of health care services in designated facilities of the Trust. (2) Countywide planning. The Trust shall have no responsibility for countywide healthcare planning and such planning shall be the responsibility and within the jurisdiction of the Miami- Dade County Office of Countywide Healthcare Planning, provided however that the operation, maintenance and governance of and planning for the Trust designated facilities wherever situated within Miami- Dade County shall be and remain the sole responsibility of the Trust, subject to the Board of County Commissioners' power to designate additional facilities or to declassify and remove from the jurisdiction of the Trust facilities which have previously been designated. (c) (4) Compliance. The Trust shall comply with the health care policies established by the Board of County Commissioners. When the Commission establishes or changes policies relating to hospital admissions or medical indigency, it shall,in order to avoid the promulgation of unfunded mandates, through the County Manager and Chief Executive Officer of the Trust, identify in consultation with the Trust, an appropriate source of funding necessary to carry out such policies. Contracts. Except as otherwise provided by this chapter, the Trust, as an agent and instrumentality of Miami-Dade County, Florida, shall be authorized to act for Miami-Dade County in the performance and enforcement of all contracts pertaining to designated facilities and existing on (3) Submittal of planning recommendations for designated facilities. The Trust shall formally present its annual recommendations for health care delivery in its designated facilities at an annual, joint meeting to be called by the Chairperson of the Board of County Commissioners and to be held between the Commission and the Trust no later than July 1st of each year

250

251 PUBLIC HEALTH TRUST 25A-9 (b) (c) (7) The Mayor reports that PHT management and/or the Board of Trustees are not making acceptable progress in developing and implementing a corrective action plan to address managerial and financial deficiencies in accordance with the letter agreement (dated March 23, 2010) entered into pursuant to Resolution No. R Notice. When one or more of the conditions specified in Subsection (a) have occurred, or likely will occur within one hundred twenty (120) days, the Trust shall submit written notice to the Mayor, Chairperson and members of the Commission, and the Commission Auditor. Upon receipt of such notice, the Chairperson of the Commission shall place the item on the agenda for consideration at the next regularly scheduled Commission meeting, or a special meeting may be called in accordance with Commission rules, in order to address the item. Assistive measures. Upon notification by the Trust or another party that one or more of the conditions in Subsection (a) have occurred or likely will occur, the Commission shall determine whether the Trust needs assistance to resolve or prevent the condition. If assistance is needed, the Commission may implement assistive measures which may include any one, or any combination of, the following: (1) Management watch. The Commission may direct the Mayor or the Mayor's designee to place the Trust on management watch on such terms and conditions as the Mayor, or the Mayor's designee, deems appropriate, including the authority to assign support personnel and staffing to the Trust as needed. The Commission intends that the more stringent review and oversight of the Trust by the Mayor or the Mayor's designee would improve the functioning of the Trust and promote necessary planning, assessment and monitoring of the Trust's financial health, and ensure essential management to advance the Trust's financial sustainability. The Commission may direct the Mayor or the Mayor's designee to periodically report to the Commission on the Trust's compliance with the terms and condition of said management watch and the Trust's progress toward resolving the conditions specified in Subsection (a). The Trust shall remain under management watch for such period of time as determined by resolution of the Commission. (2) Recovery plan. The Commission may require and approve a plan, to be prepared by the Trust in consultation with the Mayor, or his or her designee, and the Board of County Commissioners prescribing actions that will cause the Trust to no longer be subject to this section. However, if the Commission establishes a Financial Recovery Board and requires preparation of a recovery plan, the Trust may prepare the recovery plan in consultation with the Financial Recovery Board as well as the Mayor, his or her designee, or the Commission. The plan shall be submitted to the Commission within sixty (60) days of the Commission's action requiring the plan, or such longer period of time as determined by the Commission. The Trust shall submit copies of the plan to the members of the Commission concurrently with submission to the Mayor. The plan must include, but need not be limited to: (i) Provision for payment in full of obligations outlined in Subsection (a), designated as priority items, that are currently due or will come due. (ii) Establishment of priority budgeting or zero-based budgeting in order to eliminate items that are not affordable. 3589

252 25A-9 MIAMI-DADE COUNTY CODE (iii) The prohibition of a level of operations which can be sustained only with nonrecurring revenues. (3) Audit. The Commission may direct the Commission Auditor, or the external auditor of the County to audit any or all records of the Trust in accordance with Section 25A-5(c) (General financial provisions), herein. The Commission Auditor or the County's external auditor shall consult with the Trust to identify any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with applicable law. The Commission Auditor or the County external auditor shall report its preliminary findings to the Commission within sixty (60) days of audit commencement. The Trust and its internal and external auditors shall cooperate fully with the Commission Auditor, or the County's external auditor. (4) Technical Assistance. The Commission may provide technical assistance to the Trust. (5) Financial Recovery Board. The Commission may establish a Financial Recovery Board ("Recovery Board"). The County Commission's determination to establish a Recovery Board shall be by adoption of a resolution setting forth the time period such Board shall be in existence and the types of Board action which may be vetoed by the Commission and the timetables and procedures for exercise of such veto authority. Actions of the Recovery Board subject to Commission veto shall be filed by the Recovery Board with the Clerk of the County Commission, who shall place same on the next regularly scheduled County Commission agenda for County Commission consideration without the requirement for committee review. Such actions of the Recovery Board shall become effective upon the adjournment of the next regularly scheduled County Commission meeting unless vetoed by an affirmative vote of two-thirds ( 2 /3) of those Commissioners then in office. A County Commission veto of any action taken by the Recovery Board shall be final and determinative. Notwithstanding any provision of the Code to the contrary, the Recovery Board shall be authorized and empowered to serve as the governing body of the Trust effective upon appointment of at least four (4) members and subject to Commission veto authority all as provided herein. The Mayor and the County Attorney shall provide support to the Recovery Board. Additionally, the Recovery Board shall comply with any Commission directive to the Recovery Board, as set forth from time to time by resolution of the Commission. A resolution adopting a directive that undoes or modifies action of the Recovery Board or any of its committees shall require an affirmative vote of twothirds ( 2 /3) of those Commissioners then in office. During the tenure of the Recovery Board, the governance powers of the currently sitting Trust Board of Trustees shall cease and the currently sitting Board of Trustees shall be dissolved and shall no longer serve as the governing body of the Trust. The terms of all currently sitting voting members of the Board of Trustees and ex officio members shall automatically expire upon appointment of four (4) members of the Recovery Board. During the tenure of the Recovery Board, the provision of Sections 25A- 3(d) (Appointment and removal of Trustees), and 25A-3(e) (Tenure of 3590

253 PUBLIC HEALTH TRUST 25A-9 Trustees), herein shall not apply. The Application of Sections 25A-3(d) and 25A-3(e), herein shall commence on the conclusion of the tenure of the Recovery Board. The Nominating Council set forth in Section 25A-3(d), herein shall convene in accordance with such section, except that the membership shall include five (5) members of the Financial Recovery Board in lieu of the voting Trustees of the Board of Trustees, not less than ninety (90) days prior to the conclusion of the tenure of the Recovery Board for the purpose of assigning members of the expiring Recovery Board to staggered initial terms as voting members of the reestablished Board of Trustees and submitting said assignments to the Commission for ratification. (i) Powers and duties. The Recovery Board shall hold regular meetings and record such meetings in accordance with the requirement for the Board of Trustees as described in Section 25A-3(f) (Organization, powers and duties of the Board of Trustees), herein. Except as specifically provided in Section 25A-9(c) (Assistive measures), herein, during its tenure, the Recovery Board shall have all of the powers, duties and responsibilities customarily vested in the Board of Trustees of the Trust and as provided for in Chapter 25A of the Code, except that those powers and duties shall be limited by the Commission's veto authority as provided herein. The Recovery Board shall exercise supervisory control over the operation, maintenance, and governance of all designated facilities and of all functions and activities taking place in connection with the operation of designated facilities and shall be authorized to exercise such powers as provided for in Section 25A-4 (Powers and duties of the Trust), herein, except as modified hereinafter: (A) (B) (C) Appointment and evaluation of the Chief Executive Officer. The Recovery Board shall be empowered to evaluate, appoint, suspend and remove a Chief Executive Officer of the Trust. The Recovery Board shall evaluate the Chief Executive Officer's performance periodically, at its discretion, but no less than annually. Any employment contract for a Chief Executive Officer appointed by the Recovery Board shall require prior County Commission approval before becoming effective. Health care delivery policies. The Recovery Board shall develop policies, procedures and practices to promote successful operation of the Trust and its designated facilities and to ensure financial sustainability of the Trust. The Recovery Board shall recommend health care policies to be approved by the Commission relevant to the short and long term financial sustainability of the Trust and the designated facilities. Intergovernmental cooperation. The proposed annual operating agreement between the Trust and Miami-Dade County, as described in Section 25A-4(i) 3591

254 25A-9 MIAMI-DADE COUNTY CODE (D) (E) (Intergovernmental cooperation), herein shall be approved by the Recovery Board and then submitted to the Board of County Commissioners for approval in September of the applicable year. During the tenure of the Recovery Board, the Trust/County Committee as described in Section 25A-4(i), herein, shall cease to meet, review, approve, and make recommendations regarding the Annual Operating Agreement. Contracts. For purposes of compliance with the formal bid requirements of Section 5.03(D) of the Charter of Miami-Dade County, Florida, the term "Board" as used in Section 5.03(D) shall be construed to be "Recovery Board." Personnel. Any personnel actions or policies taken or issued by the Recovery Board shall not be inconsistent with any applicable collective bargaining agreements, as amended. The Recovery Board shall recommend to the Commission policies for labor management and the negotiations of labor agreements with organizations representing Trust employees. Additionally, the Recovery Board shall recommend to the Commission proposed labor agreements negotiated with labor organizations representing Trust employees. Notwithstanding any other provision of Chapter 25A, the Commission may approve (F) or take other action regarding the proposed agreement by a majority vote, except that the Commission may only disapprove or amend the proposed agreement by a two-thirds ( 2 /3) vote of those Commissioners then in office. Issuance of bonds and ability to borrow money. The Recovery Board shall be empowered to enact resolutions requesting that the County Commission effectuate the issuance of bonds or authorizing the Trust to borrow money. (G) UM Annual Operating Agreement Committee and FIU Annual Operating Agreement Committee. During the tenure of the Recovery Board, there shall be a UM Annual Operating Agreement Committee ("UM Committee") and a FIU Annual Operating Agreement Committee ("FIU Committee"). The Trust Chief Executive Officer shall negotiate the annual operating agreement with the University of Miami and shall submit his/her recommendations to the UM Committee. The Trust Chief Executive Officer shall also negotiate the annual operating agreement with Florida International University and shall submit his/her recommendations to the FIU Committee. The UM Committee and the FIU Committee shall make recommendation regarding the respective annual operating agreements to the Re- 3592

255 PUBLIC HEALTH TRUST 25A-9 (H) (I) covery Board. The UM Committee and the FIU Committee shall semi-annually review fiscal reconciliation reports of funds provided to UM and FIU respectively for services provided under the annual operating agreements, and shall report thereon to the Recovery Board. The UM Committee and the FIU Committee shall oversee the methods and manners by which the Trust holds the universities accountable for performing in accordance with the terms of the agreements and shall report thereon to the Recovery Board. The UM Committee and FIU Committee shall each consist of three (3) Recovery Board members as appointed by the Recovery Board Chairperson. Reporting. Upon appointment, the Recovery Board shall report to the Commission monthly at a Board of County Commissioners scheduled meeting, or as otherwise determined by the Commission. Additional powers. Upon appointment, the Recovery Board shall have the power to: approve or disapprove all budgets and budget amendments; establish an estimating conference process for determining and monitoring revenues, expenditures, cash flow and deficits; establish a fiscal sufficiency advisory board; make recommendations to the (ii) County Commission of any actions it may take to resolve the Trust financial condition; and perform other duties assigned by the County Commission. Recovery Board structure. (A) Composition and Qualifications. The Recovery Board shall be composed of seven (7) voting members, none of whom shall be an employee of the Trust. Each member of the Recovery Board shall be a United States citizen and a permanent resident and duly qualified elector of Miami-Dade County, unless the Commission waives the residency requirement in its discretion. Each member of the Recovery Board shall be of an outstanding reputation of integrity, responsibility and commitment to serving the community. Each member of the Recovery Board shall have experience in hospital operations, management, finance, business or other experience relevant to the Recovery Board's duties and responsibilities. No member of the Recovery Board shall have any conflict of interest, as defined in the Conflict of Interest Ordinance, with the Trust or its designated facilities. Members of the currently sitting Board of Trustees, or former Board of Trustees members, who meet the qualifications provided herein, may be nominated to serve on the Re- 3593

256 25A-9 MIAMI-DADE COUNTY CODE (B) (C) covery Board. A member of the Recovery Board may be removed for cause by a majority vote of the Board of County Commissioners. Organization. The Recovery Board, by majority vote following nomination, shall elect its Chairperson and Vice-Chairperson. The Recovery Board may adopt, modify, and amend the existing bylaws and rules and regulation of the Public Health Trust for the Recovery Board's governance and for the operation, governance, and maintenance of designated facilities. Such bylaws and amendments shall not be inconsistent with the ordinances of the County. The Recovery Board shall form subcommittees to assist in its work. The subcommittee membership shall not be limited to members of the Recovery Board. Appointment. The Commission shall appoint four (4) members of the Recovery Board from a list of persons nominated by each Commission member. The Commission shall vote on all nominees. The four (4) nominees with the greatest number of votes shall be appointed as Recovery Board members. The Commission may ratify appointment of the remaining voting members as follows: One (1) member of the Recovery Board shall be designated by the Mayor in writing, and a copy thereof shall be filed with the Clerk of the Commission; one (1) member of the Recovery Board shall be designated by the Chairperson of the Miami-Dade Legislative Delegation in writing, and a copy thereof shall be filed with the Clerk of the Commission; one (1) member of the Recovery Board shall be designated by the President of the South Florida AFL- CIO in writing, and a copy thereof shall be filed with the Clerk of the Commission. Upon receipt of any written designation to fill an initial or subsequent vacancy by the Mayor, the Chairperson of the Miami- Dade Legislative Delegation, or the President of the South Florida AFL- CIO, the Clerk of the Commission shall serve copies on each member of the Commission. Any Commissioner may request that the designations be presented at the next regularly scheduled Commission meeting for review. Such request shall not be subject to committee review or to the four-day rule. Absent any disapproval at the next regularly scheduled Commission meeting, the designees shall be deemed ratified, and shall be deemed appointed to the Recovery Board. Upon any vacancy occurring on the Recovery Board, the Recovery Board shall notify the Chairperson of the Commission and 3594

257 PUBLIC HEALTH TRUST 25A-9 (D) shall request that the vacancy be filled as provided herein. Term. The Recovery Board shall serve for no longer than twenty-four (24) months, or such shorter or longer period of time as determined by resolution of the Commission. The Recovery Board may recommend shortening or lengthening its tenure by submitting to the Commission a duly enacted resolution of the Recovery Board. The Commission shall consider any such resolution, however, the Commission shall be under no obligation to take affirmative action upon the recommendation. The Commission may consider, among other factors, whether the conditions specified in Subsection (a) have resolved, or are likely to resolve promptly, when determining whether to shorten or lengthen the Recovery Board's term. Upon conclusion of the term of the Recovery Board, the Board of Trustees shall be reestablished. The initial appointments to the reestablished Board of Trustees shall include all members of the expiring Recovery Board. Each voting Trustee shall serve the terms they are appointed to in accordance with Section 25A-3(d) (Appointment and removal of Trustees). Following the reestablishment of the Board of Trustees, all subsequent vacancies shall be addressed in accordance with the nominating process set forth in Sections 25A-3(d) (Appointment and removal of Trustees) and 25A- 9(c)(6) (Financial sustainability), herein. (E) Bond. Before entering upon the duties of office, each appointee to the Recovery Board shall give bond in the amount of one hundred thousand dollars ($100,000.00) to the Clerk of the Commission for the faithful performance of the duties of office and shall take the prescribed oath of office. This bond also is required of currently sitting Trustees. Recovery Board members shall serve without compensation but shall be entitled to reimbursement for necessary expenses, including the expense of performance bonds, incurred in the discharge of their duties. (Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ) 3595 [The next page is 3635]

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259 TAXATION 29-7 (e) (f) (g) (h) (i) rented, leased, or otherwise used as income or investment property at any time that the loan remains in effect. If the family sells, transfers, rents or vacates the property, the balance of the mortgage loan, including accrued interest, will be due upon vacating, selling, renting or transferring of the property. Special consideration shall be given toward utilizing the revenue in the neighborhood economic programs of community development corporations. The revenue shall not be used for rent subsidies or grants. Subject to the limitations and requirements set forth above, the revenue shall be expended by the County only in accordance with the Miami- Dade County Affordable Housing Program Guidelines. No more than ten percent (10%) of surtax revenues collected by the Florida Department of Revenue and remitted to Miami-Dade County in any fiscal year may be used by the County for administrative costs. Notwithstanding the provisions of subsection (E)(3) of this Section, of the discretionary surtax revenues collected by the Florida Department of Revenue remaining after any deduction for administrative costs as provided in subsection (E)(3)(h), no less than thirty-five percent (35%) shall be used to provide homeownership assistance for low-income and moderate-income families, and no less than thirty-five percent (35%) shall be for construction, rehabilitation, and purchase of rental housing units. The remaining amount may be allocated for homeownership assistance or rental housing units, at the discretion of Miami-Dade County. Any funds allocated for homeownership assistance or rental housing units (j) that are not committed at the end of the fiscal year shall be reallocated in subsequent years consistent with the provisions of this subsection, in that no less than thirty-five percent (35%) shall be reallocated to provide homeownership assistance for lowincome and moderate-income families, and no less than thirty-five percent (35%) shall be reallocated for construction, rehabilitation, and purchase of rental housing units. The remaining amount of uncommitted funds may be reallocated at the discretion of Miami-Dade County within any of the categories established in this subsection. Rehabilitation of housing owned by Miami-Dade County may be authorized only after a determination approved by a majority of the governing body that no other sources of funds are available. (F) Effective date. The surtax levied hereunder shall be effective in accordance with the provisions of State law authorizing the same as may be amended from time to time. (G) [Competitive Request for Applications (RFA) process.]no allocation of documentary surtax funds shall be made except as part of a competitive Request for Applications (RFA) process. Notwithstanding the foregoing, documentary surtax funds loaned directly to homeowners by Miami-Dade County may be allocated without the necessity of a competitive RFA process. (H) [RFA process; public meeting.]the RFA process shall include a public meeting which affords the residents of Miami-Dade County the opportunity to comment on applications and funding requests and recommendations. This public meeting shall be held before the appropriate committee prior to presentation of any funding recommendations to the Board of County Commissioners by Miami-Dade County staff. (Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. 4357

260 29-7 MIAMI-DADE COUNTY CODE No , 1, ; Ord. No , 1, 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Editor s note Ord. No , 2, adopted Dec. 14, 1993, deleted former 29-7, relative to a document surtax, and enacted a new 29-7 to read as herein set out. The provisions of former 29-7 derived from Ord. No , 2 4, adopted Sept. 20, 1983 and Ord. No , 3, enacted Sept. 20, Sec Reserved. Editor s note Ordinance No , 2, adopted May 20, 1997, repealed in its entirety. Formerly, such section pertained to Surtax Advisory Council and derived from Ord. No , 3, Sec Additional homestead exemption for senior citizens. (a) In accordance with Section 6(f), Art. VII of the Florida Constitution and Section of the Florida Statutes, any person 65 years or over who has legal or equitable title to real estate located within Miami-Dade County and maintains thereon his/her permanent residence which residence qualifies for and receives homestead exemption pursuant to Section 6(a), Art. VII of the Florida Constitution, and whose household income does not exceed $20,000 shall be entitled to make application for an additional homestead exemption of $50,000. This additional homestead exemption, if granted, shall be applicable to all ad valorem tax millage rates levied by the county. (b) Every person claiming the additional homestead exemption pursuant to this section must file an application therefore with the Miami-Dade County Property Appraiser not later than March 1 of each year for which such exemption is claimed. Such application shall include a sworn statement of household income for all members of the household and shall be filed on a form prescribed by the Florida Department of Revenue. On or before June 1 of each such year every applicant must file supporting documentation with the Property Appraiser. Said documentation shall include copies of all federal income tax returns, wage and earning statements, and such other documentation as required by the Property Appraiser, including documentation necessary to verify the income received by all of the members of the household for the prior year. (c) Failure to file the application and sworn statement by March 1 or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. (d) This additional exemption shall be available commencing with the year 2000 tax roll, and the Property Appraiser may begin accepting applications and sworn statements for the year 2000 tax roll as soon as the appropriate forms are available from the Department of Revenue. (e) Commencing January 1, 2001, and each January 1 thereafter, the $20,000 annual income limitation in this section shall be adjusted annually and applicable as of January 1 of that year. The annual income limitation shall be adjusted by the percentage of change in the average cost-ofliving index for the immediately preceding calendar year compared with the average cost-of-living index for the calendar year immediately prior to that year. As used herein "index" shall be the average of the monthly consumer-price index figures for the stated period, for the United States as a whole, issued by the United States Department of Labor. (f) The Clerk of this Board shall file a copy of [the ordinance from which this section is derived] in the appropriate books and records, and within 30 days of the adoption of this section, but prior to December 1, 1999, he/she shall deliver a copy thereof to the Miami-Dade County Property Appraiser. (Ord. No , 1 6, ; Ord. No , 1, ) Editor s note Ord. No , 1 6, adopted July 27, 1999, did not specifically amend the Code. Hence, its inclusion herein as section 29-8 was at the discretion of the editor. Sec Homestead exemption for lowincome senior citizens who are long-term residents. (a) In accordance with Article VII, Section 6(d)(2), Florida Constitution, and Section , Florida Statutes, any person who meets the following criteria shall be entitled to make applica- 4358

261 TAXATION tion for an additional homestead exemption for the amount of the assessed value of the property: (1) Has the legal or equitable title to real estate located within Miami-Dade County with a just value of less than $250,000.00, (2) Has maintained thereon the permanent residence of the owner for at least 25 years, (3) Has attained the age of 65, and (4) Has a household income that does not exceed the income limitations set forth in state law, which is currently $27, and adjusted annually. (b) The exemption set forth in subsection (a) above shall be in addition to and shall not replace the additional $50, senior citizen homestead exemption adopted pursuant to Ordinance No and codified at Section (c) Every person claiming the additional homestead exemption pursuant to subsection (a) above must file an application therefore with the Miami- Dade County Property Appraiser no later than March 1 of each year for which such exemption is claimed. Such application shall include a sworn statement of household income for all members of the household and shall be filed on a form prescribed by the Florida Department of Revenue. On or before June 1 of each such year every applicant must file supporting documentation with the Property Appraiser. Such documentation shall include copies of all federal income tax returns, wage and earning statements, and such other documentation as required by the Property Appraiser, including documentation necessary to verify the income received by all of the members of the household for the prior year. (d) Failure to file the application and sworn statement by March 1 or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. (e) Notwithstanding subsections (c) and (d) above, if the Property Appraiser, pursuant to Section (9), Florida Statutes, requests that this Board waive the requirement that an annual application and income statement be made for renewal of the exemption provided in Section , F.S., then after an initial application for exemption has been made and the exemption is granted pursuant to Section , subsection (c) and (d) shall not apply and the requirement that an annual renewal application or Income Statement be submitted to the Property Appraiser for exemption of property within the County shall be waived except in the circumstances set forth below. Timely annual application together with the required Income Statement for exemption shall be required whenever: (1) Property exempted on the assessment roll of the immediately preceding tax year is sold or otherwise disposed of, (2) The ownership changes in any manner, (3) The applicant ceases to use the property as his or her homestead, or (4) The status of the owner changes so as to change the exempt status of the property, as provided in Section (9)(a), F.S. (f) This additional exemption shall be available commencing with the 2013 tax roll and shall continue with all subsequent tax rolls. The Property Appraiser may begin accepting applications and sworn statements for the year 2013 tax roll as soon as the appropriate forms are available from the Department of Revenue. (g) Commencing January 1, 2013, and each January 1 thereafter, the annual income limitation applicable to this section shall be adjusted annually as provided in state law and shall be applicable as of January 1 of each year. (h) The Clerk of the Board shall file a copy of Ordinance No in the appropriate books and records, and within 30 days of the effective date of that ordinance, transmit a copy to the Miami- Dade County Property Appraiser. (Ord. No , 1, ) Sec Reserved. ARTICLE II. RESERVED* Secs Reserved. *Editor s note Ord. No , 1, adopted Sept. 19, 2000, repealed article II, sections , in its entirety. Former article II pertained to real property tax consultants

262 29-21 MIAMI-DADE COUNTY CODE ARTICLE III. RESERVED* Secs Reserved. ARTICLE IV. UTILITY TAX Sec Definitions. For the purposes hereof, the following words and phrases shall have the meanings respectively ascribed to them by this section: Bottled gas: All types and kinds of natural, liquefied petroleum and manufactured gas for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the unincorporated area of Miami-Dade County. Coal: All coal for lighting, heating, cooking, power, energy or any other purpose competing with any other utility or energy source taxed under this chapter delivered to any purchaser thereof within the unincorporated area of Miami- Dade County. Coin-Box Telephone service: Service relating to coin-box telephones installed within the unincorporated area of Miami-Dade County, insofar as such service requires the payment of a guaranteed amount, but such term shall not pertain to nor include the service rendered at the time of and in consideration of the deposit of money in the telephone coin-boxes. Electricity: All electric current or energy for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the unincorporated area [of Miami-Dade County]. and derived from Ord. No , 1 7, adopted April 4, 1967; Ord. No , 1 3, adopted July 11, 1967; and Ord. No , 1, adopted May 7, *Editor s note Ord. No , 1, adopted Sept. 19, 2000, repealed article III, sections , in its entirety. Former article III pertained to personal property tax consultants and derived from Ord. No , 1 11, adopted April 4, 1967; Ord. No , 1 3, adopted July 11, 1967; and Ord. No , 1, adopted June 18, Editor s note Article IV, , is derived from Ord. No , 1 7, enacted Sept. 21, 1970, effective Oct. 1, Section 9 of said ordinance authorized inclusion of said ordinance as a part of this Code. Charter reference Authority to levy tax, 1.01(D). State law reference Utility tax, F.S et seq. Fuel oil: All bunker C oil, number 1 and 2 fuel oil, and kerosene or any combination thereof capable of being used for lighting, heating, cooking, power or any other purpose and delivered to any purchaser thereof within the unincorporated area of Miami-Dade County. Metered gas: All types and kinds of natural and manufactured gas for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the unincorporated area of Miami-Dade County. Purchase: Every act or transaction whereby possession of, utilization of, control over or title to electricity, water, metered gas, bottled gas, coal, fuel oil, and the duty and obligation to pay therefor become vested in the purchaser within the unincorporated area of Miami-Dade County, but such term shall not pertain to nor include any such act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the State, the County or a municipality. Purchaser: Every person legally liable for the payment of electricity, water, metered gas, bottled gas, coal or fuel oil delivery rendered to him, by a seller, unless such person is an agency or instrumentality of the United States Government, the State, the County, a municipality, or a house of public worship, which qualifies for exemption from the State sales tax under Section (7)(c)(1), Florida Statutes. Seller: Every person delivering electricity, water, metered gas, bottled gas, coal or fuel oil to any purchaser thereof. Telegraph service: All types and kinds of service as are rendered by telegraph companies to any purchaser of such service within the unincorporated area of Miami-Dade County. Water service: The water supply furnished to all consumers in the unincorporated area of Miami- Dade County for retail use and not for resale, except water delivered to a purchaser in a bottle or other container. (Ord. No , 1, ; Ord. No. 71-6, 1, ; Ord. No , 1, ; Ord. No

263 TAXATION , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 7, ) Sec Rate and amount of excise tax on purchase of public utility services: Collection of tax. There is hereby levied and imposed by the County upon every purchase in the unincorporated area of electricity, metered gas, bottled gas, coal, fuel oil, and water service, included in or reflected by any bill rendered by the seller to the purchaser an excise tax which shall be determined as follows: (1) When the seller, in accordance with his rules and regulations, renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of excise tax shall be ten (10) percent of the total amount shown on any such bill due and payable on account of such purchases (not exceeding four cents ($0.04) per gallon for purchases of fuel oil), exclusive of governmental charges, annual service fees collected pursuant to Section of the Code, and adjustments caused by the increased cost of energy-producing fuels, provided such governmental charges, service fees, taxes and fuel adjustments are shown separately on any such bill. (2) In the use and application set out in this section, purchases of electricity, metered gas, bottled gas, coal, fuel oil and water service, shall be considered and treated as constituting and being distinct and unrelated classes of purchases, and in the event that more than one (1) such class shall be shown upon the same bill, the amount of excise tax payable pursuant hereto shall be determined and computed for each such class separately. (3) The seller is required and it shall be his duty to render to each purchaser bills covering all such purchases made, and the amount of such excise tax shall be entered and shown by the seller as a separate item on each such bill and shall become due and payable to the County whenever such bill becomes due and payable under the rules and regulations of the seller. Each such bill shall include purchases applicable to but one (1) location, or to but one (1) family or business where more than one (1) family or business uses separate metered services at one (1) location in the unincorporated areas. (4) The purchaser is required and it shall be his duty to pay such excise tax to the seller, as agent for the County, at the time of the payment of each such bill, and in the event that the purchaser shall fail, neglect or refuse to pay such excise tax to the seller when such bill becomes due and payable, the seller is hereby empowered to discontinue forthwith to make any further sales or to render any further service to the purchaser until the total amount, including such excise tax, shown upon such bill has been paid in full. The seller is hereby authorized and required and it shall be his duty to collect such excise tax from such purchaser at the time of the payment of each such bill and to remit the same to the Finance Department in accordance with the provisions hereinafter stated, provided that the seller shall have the right and privilege of assuming and paying such excise tax himself in lieu of collecting the same from the purchaser; and that whenever the seller shall fail or neglect to collect such excise tax from the purchaser within one (1) year from the date of the bill on which such tax was or should have been imposed, the seller shall be deemed to have assumed such excise tax himself and shall thereupon become liable for the payment of the amount thereof to the County to the same extent as if such excise tax had been collected from the purchaser, with further recourse to the purchaser therefor. (5) This section shall be applicable to all bills for electricity, metered gas, bottled gas, coal, fuel oil, taxable telecommunications service, and water service; except that

264 29-37 MIAMI-DADE COUNTY CODE any bills for the purchase of sixteen (16) ounces or less of bottled gas in a container or less than one (1) gallon of fuel oil shall be exempt from taxation, and further in

265 TABLE OF CONTENTS Officials of Miami-Dade County at the Time of this Codification. Preface Adopting Ordinance Page Checklist of Up-to-Date Pages [1] VOLUME I PART I CONSTITUTIONAL AMENDMENT AND CHARTER Constitutional Amendment and Charter Home Rule Amendment Article VIII, Section 11 Florida Constitution Article VIII, Section 6 Florida Constitution Miami-Dade County Home Rule Charter Preamble Citizens' Bill of Rights Art. 1. Board of County Commissioners Art. 2. Mayor Art. 3. Elections Art. 4. Reserved Art. 5. Administrative Organization and Procedure Art. 6. Municipalities Art. 7. Parks, Aquatic Preserves, and Preservation Lands 23 Art. 8. Initiative, Referendum, and Recall Art. 9. General Provisions Art. 10. Name of County PART II ACTS OF STATE LEGISLATURE (RESERVED) Acts of State Legislature (Reserved) Comparative Table Home Rule Charter Comparative Table Acts of State Legislature iii v vii xi

266 MIAMI-DADE COUNTY CODE Chapter PART III CODE OF ORDINANCES Page 1. General Provisions Administration Art. I. In General Art. IA. Sunset Review Art. IB. Standards for Creation and Review of Boards Generally Art. IC. Independent Review Panel Art. II. Law Department Art. III. Reserved Art. IIIA. Consumer Advocate Art. IV. Personnel Div. 1. Personnel Department Div. 2. Civil Service for County Employees Div. 3. Special Off-Duty Police and Fire Services Div. 4. Service-Connected Disability Program Div. 5. Deferred Compensation Program Div. 6. Protection of Employees Disclosing Specified Information Div. 7. Retirement Benefits Protection Program Div. 8. Payment of Accumulated Sick and Annual Leave Art. V. Finance Department Art. VI. Municipal Utility Art. VII. Tax Review Board Art. VIII. Public Health Department Art. IX. Reserved Art. X. Park and Recreation Department Art. XI. Public Welfare Department Art. XII. Miami-Dade Police Department Art. XIII. Traffic and Transportation Department Art. XIIIA. Nuisance Abatement Art. XIV. Public Works Department Art. XIVA. Water Supply for Fire Suppression Art. XV. Department of Planning, Development and Regulation Art. XVI. Reserved Art. XVII. Branch Offices of County Auto Tag Agency Art. XVIII. Miami-Dade County Expressway Authority Art. XIX. Miami-Dade Transit Agency Art. XX. Rapid Transit Project Art. XXI. County Fire Department Art. XXIA. Housing and Urban Development Department Art. XXIB. Housing Finance Authority Art. XXII. Public Library Advisory Board xii

267 TABLE OF CONTENTS Cont d. Chapter Page 4. Ambulances and Medical Transportation Vehicles Art. I. In General Art. II. Reserved Art. III. Nonemergency Medical Transportation Animals and Fowl Blood Donor Facilities Boats, Docks and Waterways Art. I. In General Art. II. Motorboats Art. III. Miami-Dade County Vessel Mooring Code Div. 1. In General Div. 2. Vessels Constituting Nuisances Art. IV. Barges Building Code Art. I. Administration Art. II. Building Inspectors, Plans Examiners, Building Officials, Chief Inspectors and Special Inspectors Art. III. Florida Building Code Art. IV. Product Approval A. Business Regulations Art. I. In General Art. IA. Junk Dealers and Scrap Metal Processors Art. II. Bulk Sales of Plants, Avocados, Limes and Mangoes Art. III. Uniform Trade Standards Div. 1. In General Div. 2. Director and Inspectors Div. 3. Sale of Commodities Div. 4. Offenses; Prosecution; Penalties Div. 5. Advertisement and Sale of Mini Bikes and Go-Carts Div. 6. Metropolitan-Dade County Drycleaning and Laundering Ordinance Div. 7. Motor Vehicle Title Loans Art. IV. Community Antenna Television Systems Art. V. Check-Cashing Services Art. VI. Private Security Agencies Art. VII. Truth in Motorboat Repairs and Estimates Art. VIIA. Motor Vehicle Repair Ordinance Art. VIII. Automatic Telephone Dialing Alarm System. 967 Art. IX. Local Business Tax Receipt Art. X. Local Business Tax Receipt in Unincorporated Areas Art. XI. Uniform Meat Identification xvii

268 MIAMI-DADE COUNTY CODE Chapter Page Art. XIA. Representations Concerning and Requirements for the Sale of Kosher Products; Inspection of Kosher Meat Dealers, Kosher Poultry Dealers, and Dealers in Kosher Foods and Food Products; Records Required to Be Maintained by Kosher Meat Dealers and Kosher Poultry Dealers Art. XII. Fair Credit Disclosure and Reporting Art. XIII. Commercial Vehicle Identification Art. XIV. Background Checks for Personnel in Child Care and Certain Other Facilities Art. XV. Convenience Store Security Art. XVI. Miami-Dade County Moving Ordinance Art. XVII. Miami-Dade County Locksmith Ordinance Art. XVIII. Miami-Dade County Remetering Ordinance 1045 Art. XIX. Gender Price Discrimination Ordinance Art. XX. Pain Management Clinics Art. XXI. County Green Business Certification Program Art. XXII. Personal Injury Protection Medical Providers AA. Cable and Communications Services Providers Art. I. Cable Television Regulations Art. II. Communications Services Regulations Art. III. Public Rights-of-Way Regulations for Communications Services Providers B. Emergency Management C. Building Security Measures CC. Code Enforcement D. Construction: Financing of Public Facilities E. Cranes and Hoisting Equipment Standards for Construction of County Buildings, Roads, Bridges and Causeways Art. I. In General Art. II. Biscayne Bay Art. III. Sustainable Buildings Program Contractors Art. I. In General Art. II. Bidding on Public Projects Courts Art. I. In General Art. II. Bailiffs Art. III. Jury Service xviii

269 TABLE OF CONTENTS Cont d. Chapter Page 11A. Discrimination Art. I. General Provisions Art. II. Housing Art. III. Public Accommodations Art. IV. Employment Art. V. Family Leave xviii.i

270

271 TABLE OF CONTENTS Cont d. Chapter Page Art. XVII. The Lauren Book Child Safety Ordinance Art. XVIII. Prohibition on Overnight Camping Wage Theft Pensions Art. I. In General Art. II. Police Relief and Pension Fund Art. III. Firefighter's Relief and Pension Fund Art. IV. Death Benefits A. Planning Generally Environmental Protection, Biscayne Bay and Environs Designated Aquatic Park and Conservation Area, the Biscayne Bay Environmental Enhancement Trust Fund, and the Environmentally Endangered Lands Program Art. I. In General Div. 1. General Provisions Div. 2. State and Federal Adoptions Div. 3. Enforcement Div. 4. Trusts and Fees Art. II. Air Quality Art. III. Water and Soil Quality Div. 1. Water Quality, Wastewater and Sanitary Sewer Pretreatment Standards Div. 2. Wellfield Protection, Domestic Well Systems and Potable Water Standards Div. 3. Contaminated Site Cleanups Div. 4. Regulation of Underground Storage Facilities, Liquid Waste Transporters, and Metal Recycling Facilities Art. IV. Natural and Biological Environmental Resources Permitting and Protection; Regulation of Drainage Systems and Stormwater Management Div. 1. Work in Canal Rights-of-Way, Tidal Waters, Submerged Bay-Bottom Lands, and Wetlands; Dewatering; Construction of Drainage Systems Div. 2. Tree Preservation and Protection Div. 3. Environmentally Endangered Lands Program Art. V. Stormwater Utility A. Reserved Aviation Department Rules and Regulations A. Public Health Trust B. Parks and Recreation Generally Art. I. In General xxi

272 MIAMI-DADE COUNTY CODE Chapter Page Art. II. Standards for Acceptance of Conveyances Used for Scenic Outdoor Recreational or Park Purposes or Covenants Not to Use Land for Other Than Such Purposes Art. III. Safe Neighborhood Parks Ordinance C. Payment of Costs of Hospital Care, Treatment and Maintenance Park and Recreation Department Rules and Regulations Art. I. In General Art. II. Programming Partners Program Art. III. The Shannon Melendi Act A. Sanitary Nuisance B. Reserved C. Reserved D. Reserved Swimming Pools, Public Subdivisions A. Seaport Security and Operations Taxation Art. I. In General Art. II. Reserved Art. III. Reserved Art. IV. Utility Tax Art. IV-A. Local Communications Services Tax Art. V. Tourist Development Room Tax Art. VI. Convention Development Tax Art. VII. Local Option Gas Tax Art. VIII. Fifth and Sixth Cent Local Option Gas Tax Art. IX Local Option Gas Tax Art. X. Property Tax Exemptions in Enterprise Zones Art. XI. County Transit System Sales Surtax Art. XII. County Health Care Surtax Art. XIII Ninth Cent Gas Tax on Motor Fuel and Special Fuel Art. XIV Capital Improvement Local Option Gas Tax Art. XV. Discretionary Sales Surtax Authorized by Section (1), Florida Statutes (1999) Art. XVI. One Half of One Percent Charter County Transit System Sales Surtax Authorized by Section (1) Florida Statutes (2001) Art. XVII. Additional Reduction in Assessed Value for Qualifying Living Quarters of Parents or Grandparents of Owners of Property Receiv- xxii

273 ZONING 33-5 amusement or entertainment areas, and outside lighting for security purposes, shall not be permitted except under the following conditions: (a) (b) (c) (d) Detailed plans shall be submitted to the Department showing the location, height, type of lights, shades, deflectors and beam directions. The Department may issue a permit for such lighting if, after a review of the detailed plans therefor and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to such adjacent property, and will not create a traffic hazard on adjacent streets by reason of glare or the like. Upon a determination by the Department that the proposed lighting will not conform to the provisions of this subsection or as to the negative effect such lighting may have on the adjacent area and neighborhood or traffic, after considering the detailed plan and such area and neighborhood, the Department shall not issue a permit for the same, and no such lighting shall be permitted until approved after public hearing. In addition, outdoor lighting for recreational and offstreet area parking purposes, or for any other purpose in the RU, EU, AU and GU Zones shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half ( 1 /2) footcandle (vertical) and shall not exceed one-half ( 1 /2) footcandle (horizontal) illumination on adjacent properties or structures. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance from a registered engineer or architect or the duly authorized representative of such engineer or architect is provided stating that the installation has been field checked and meets the requirements as set forth above. The requirements of this subparagraph shall apply to any night lighting in BU and IU Zones abutting an RU, EU, AU, or GU Zone. (e) It is not intended here to regulate permitted sign lights and it is not the intent to modify, amend or repeal any portion of the South Florida Building Code. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ) Sec Maintenance of buildings, nondwelling structures and fences. Every building, every accessory structure used for non-dwelling purposes, including, but not limited to, garages, carports, cabanas, storage buildings, and every fence shall comply with the following requirements: (a) (b) (c) Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair. Every accessory structure shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin. The roof of every accessory structure shall be well drained of rainwater. (d) All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint and other approved protective coating, applied in a workmanlike fashion. (Ord. No , 1, ) Sec Architectural style and color. All buildings constructed shall be of an architectural style and color which will harmonize with the premises and with other buildings in the same neighborhood. All questions raised on this subject shall be referred to the appropriate zoning board for recommendation. (Ord. No , 5(B), ) 5129

274 33-6 MIAMI-DADE COUNTY CODE Sec Permits not to be issued for violations. No permits shall be issued for work that would violate any provision of this chapter, or any recorded restriction which runs with the land that are accepted in connection with a public hearing or required by the County pursuant to the Community Zoning Appeals Board or County Commission resolutions. (Ord. No , 5(C), ; Ord. No , 1, ; Ord. No , 21, ; Ord. No , 1, ) Sec Minimum lot areas and yards. (a) Septic tanks in rear yards. Unless the plumbing system of the residential building on such lot is connected to a sanitary sewer other than septic tank with field drains, every lot used for residential purposes in any district shall have a rear yard with an area of at least twenty-five (25) percent of the total lot area, provided that sufficient rear lot area required to care for a septic tank drain field shall not be occupied by an accessory building or other structure. (b) Lot frontage in RU Districts; lot area exceptions for certain lots recorded prior to August 2, No building shall be erected or used as a residence in any RU District unless it is erected on a lot having the minimum frontage and square feet of land area required by the applicable zoning classification, unless the lesser frontage and square foot area thereof was caused by a conveyance or device of record prior to August 2, 1938, or by a platting of an unrevoked subdivision recorded prior to August 2, 1938, in which case the same may only be used: (1) For single-family residential use, providing the same complies with the following conditions and restrictions: a. The lot is zoned RU-1, RU-2, RU-3 or RU-3B, and b. The lot is not less than fifty (50) feet in width, and has a total square foot area of not less than five thousand (5,000) square feet, or is a combination of two (2) or more lots totaling the same in width and in square foot area, or c. The lot is not less than thirty-five (35) feet in width, and has a total square foot area of not less than three thousand seven hundred fifty (3,750) square feet; provided it is at least the same width and depth as the other lots in use in the same subdivision; and provided further, the residence does not exceed one (1) story and does not cover more than thirty (30) percent of the total lot area. Two (2) or more lots may be combined to provide such a lot, subject to the same provisions. (2) For duplex use (two-family residential dwelling), providing the same complies with the following conditions: a. The lot is zoned RU-2, RU-3, or RU- 3B, and b. The lot is not less than (40) feet in width and contains at least five thousand five hundred fifty (5,550) square feet of lot area. Two or more lots may be combined to provide such a lot, subject to the same provisions. (c) Business lots in new subdivisions. Lots in all new subdivisions which are to be zoned for business shall have a width of not less than fifty (50) feet except on corners where two (2) highways intersect. Corner lots shall have a frontage of not less than seventy-five (75) feet on each highway and not less than seven thousand five hundred (7,500) square feet of area. Lots having an area of less than seven thousand five hundred (7,500) square feet shall be plat and deed restricted against residential use. (d) Subdivision of land. No lot or portion thereof shall be separated for a new use which would reduce the lot area or width required for an existing use below the minimum required by this chapter. Nor shall a lot or portion thereof be separated below the minimum standards required by the applicable zone classification. 5130

275 ZONING 33-8 (e) Resubdividing or refacing of lots. No land contained in a platted subdivision, whether or not the same is described by lot, tract or parcel, or has reverted to acreage, shall be resubdivided or refaced if, in the opinion of the Director, the same would be incompatible with or detrimental to the surrounding area or neighborhood. In making his determination he shall take into consideration the effect such would have on such area and neighborhood when considering the following: (1) Whether or not through lots would be established, and their effect on adjacent property; (2) Whether or not the character of the neighborhood would be changed; (3) Whether or not the width or area of the lots would be less than those existing; (4) Whether or not the front, side, or rear yards, or setbacks would be compatible with the remaining area or neighborhood, or change the yards or setbacks on immediately adjacent property; (5) Whether or not such would detrimentally increase the density of population or traffic. If the said Director is in doubt, he will not permit such resubdivision or refacing unless the same is approved after public hearing. (Ord. No , 5(D), ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ) Cross reference Table of minimum width, area of lot, maximum lot coverage and minimum building sizes, Sec Certificate of use. (a) No structure, other than a single-family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land, body of water, or structure, without first obtaining a certificate of use (C.U.) therefor from the Department. Said certificate of use shall be required for each individual business and each multi-family building located within unincorporated Miami-Dade County. (b) In the event there is a question as to the legality of a use, the Director may require inspections, affidavits and such other information he may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued. Additionally, the Department shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid C.U., and to ensure compliance with the terms and conditions under which a C.U. was issued. (c) The person or entity listed upon a Certificate of Title issued pursuant to Chapter 45, Florida Statutes as the purchaser of a single-family residence, condominium unit, townhouse or duplex shall obtain a C.U. from the Department prior to offering said residence for sale, transfer or other alienation. The C.U. required by this subsection (c) shall be for the purpose of determining whether or not the residence in question complies with all building codes and zoning codes applicable to the residence and to provide a disclosure of those findings. The Director shall require disclosure by requiring an inspection of the property by personnel authorized to conduct such inspections by the Director and to subsequently record in the public records of Miami-Dade County the inspection report. Said report shall include a good faith estimate of the cost to repair or remedy all code violations disclosed by the inspection. The Director shall prescribe the form of the inspection report and disclosure to ensure compliance with the intent of this section. Upon the recording of the inspection report and estimate in the public records of Miami-Dade County, the Director is authorized to issue the C.U. required by this subsection (c). The Director shall refer any County Code violations disclosed in the report to the proper County Department for enforcement action. County Departments are authorized to collect fees for inspections and other administrative costs and/or for the issuance of the C.U., as maybe applicable, and as established in the Departments' approved schedule of fees. Except for C.U.s required by code or zoning resolution to be renewed annually, and except for C.U.s issued on a temporary basis, certificates of use shall remain valid for an unlimited time unless revoked for cause. The C.U. is only valid 5131

276 33-8 MIAMI-DADE COUNTY CODE for the specific address, business name, corporate name and type of business for which it was issued. A new C.U. shall be required for any changes in; use, name, ownership, expansion of square footage occupied, the inclusion of additional uses, or when changes to the structure have been approved by final building inspection. No certificate of use shall be utilized in a manner contrary to the regulations contained in this chapter. (Ord. No , 5(E), ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Cross reference Authority of Zoning Director to stop work pending investigation of materials, work and use, Sec Zoning Improvement Permit (ZIP). Certain buildings, structures, improvements and installations are exempted by the Florida Building Code from building permit issuance, but must otherwise comply with the minimum requirements of this chapter. Therefore, such buildings, structures, improvements and installations shall be subject to review under the Zoning Improvement Permit (ZIP) standards contained in this section, as well as the regulations of the underlying zoning district. The following buildings, structures, improvements and installations shall require a ZIP from the Department of Planning and Zoning: Above ground pools that contain water over 24 inches deep; Agricultural/farm buildings and non-habitable structures on bona fide farms; Canopy carports, canopy and other fabric covered framework installed on residential properties; Chickee huts constructed by Miccosukee or Seminole Indians; Chain link fences, picket fences, ornamental iron fences and other fences installed on residential property that are deemed non-wind resistant; provided, however, any pool safety barrier fence and any fence with concrete columns shall require a building permit; Decorative reflective pools and fishponds that contain water less than 24 inches deep, that contain less than 250 square feet in area, and contain less than 2,250 gallons in volume; Decorative garden-type water fountains; Parking lot refurbishing - resurfacing, restriping or seal coating, and paving and drainage of existing parking lots; Portable mini-storage unit, subject to the conditions and limitations of Section 33-20(i); Signs - balloon type; Signs - painted wall type; Signs - stick on letter type. The director of the Department shall have the authority to require ZIP review for other buildings, structures, improvements and installations that are newly created or come about by changes in the state or local building codes. In the event any portion of the subject property is contiguous to or across the street from a municipal boundary, applicant shall submit a boundary survey performed in accordance with Chapter 61G , Florida Administration Code. The submittal of plans shall be necessary to fully advise and acquaint the issuing Department with the location and use of the buildings, structures, improvements and installations, and such plans must accompany the application for a ZIP. The respective Directors of the Department of Public Works, Department of Environmental Resources Management, Miami-Dade County Fire Rescue Department and Department of Planning & Zoning shall review the submitted plans only to the extent of their respective jurisdiction under the Code of Miami-Dade County In the event there is a question as to the legality of a use, the Director may require affidavits and such other information as may be deemed appropriate or necessary to establish the legality of the use, before a ZIP permit is issued. (Ord. No , 1, ; Ord. No , 1, ) 5132

277 ZONING Sec Permit to move building; bond. (a) No building or structure shall be moved from one (1) lot or premises to another, unless such building or structure shall thereupon be made to conform with all the provisions of this chapter relative to building or structures hereafter erected upon the lot or premises to which such buildings or structures shall have been moved. (b) The Director is hereby authorized to require any person applying to obtain a permit to move a building or structure from one (1) lot or premises to another, to post a bond, either in cash or surety company bond, meeting with the approval of the Director in a sum not to exceed two thousand five hundred dollars ($2,500.00), deposited with the Clerk of the County Commission, if a cash bond, or if a surety bond, payable to the County, conditioned upon the applicant's compliance in all respects with the building and zoning codes pertaining to the area on which such a building shall have been moved. (c) A building shall not be moved on, across or along a public highway without a permit being obtained from the Department and the Department of Public Works. A building to be moved shall be routed over highways and bridges as directed by the Director of Public Works. (Ord. No , 5(F), 28(C), ; Ord. No , 1, ) Sec Buildings on through lots. Where a lot extends through from one (1) street to another, the setback requirement for each such street shall be complied with and any building shall have dual facing. Lots which have a decorative wall as defined in Section 28-1(k) along the rear property line as required by plat shall not be considered through lots. (Ord. No , 5(G), ; Ord. No , 2, ) Sec Fences, walls, bus shelters and hedges. (a) Permits; conformance to requirements; erection on property lines. Permits shall be required for all walls and fences, and except as may be approved as a result of public hearings, walls, fences, which obscure or obstruct vision, and hedges shall be restricted to the height, location and type as indicated hereinafter, and except when a higher wall, fence or hedge is required as a visual screening buffer at the rear of double frontage lots under Chapter 28 of this Code. Except as hereinafter restricted, all walls, fences and hedges may be placed on the property lines. This section, however, shall not be construed to permit such walls, fences and hedges to extend beyond the official right-of-way lines or property lines. (b) Exterior finish of walls and fences. All walls and fences shall be maintained in good, clean and finished condition. A fence with a finished and unfinished side shall be erected so that the unfinished side and supporting members face inward toward the interior of the property. Furthermore, all fences shall have the finished side facing the neighboring property or street (outward). A continuous wall or fence that is owned by multiple property owners or held in common ownership shall be of uniform construction and materials and its exterior shall also be maintained in good, clean and finished condition for the entire length of said wall or fence. Each side of a CBS wall shall be completely finished with stucco and paint. Each side of a decorative masonry wall shall be completely painted; however, walls comprised of decorative brick and natural stone may be left unpainted provided the cement and grout are finished on both sides. If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall. If such consent cannot be obtained, the property owner erecting the wail must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing address(es) as listed in the most current Miami-Dade County tax roll, and the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within thirty (30) days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall. (c) Height at intersection. Fences, walls, bus shelters or hedges shall not exceed two and onehalf (2.5) feet in height within the safe sight 5133

278 33-11 MIAMI-DADE COUNTY CODE distance triangle, as defined below. The height of fences, walls, bus shelters and hedges shall not exceed two and one-half (2.5) feet in height within ten (10) feet of the edge of driveway leading to a public right-of-way. The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half (2.5) feet or more above pavement; potential obstructions include, but are not limited to, structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, walls and fences. The following table represents minimum criteria for determining the required area of crossvisibility: Functional Classification of Through Street Safe Sight Distance Triangle Table Required Visibility Left (ft.)* Right (ft.)* Depth on Minor Street (ft.)** Local (50 foot or less rightof-way) (triangle lies within public right-of-way) Collector (60 foot 70 foot rightof-way) Arterial (80 foot or over rightof-way) *Visibility distances measured from center line of minor street, along right-of-way line of through street. **Depth visibility on minor street measured from right-of-way line of through street, along center line of minor street (public or private street). Table interpretations and waivers of the above requirements shall be made in writing by the Director of the Public Works Department. (d) Measuring height of wall, fence or hedge. The height of a wall, hedge or fence shall be the vertical distance measured from the average elevation of the finished building site to the top of the wall, hedge or fence. The average elevation shall be measured along both sides of the wall, hedge or fence line. Virgin land may not be increased or decreased to affect the permitted (or required) height of a wall, hedge or fence unless the entire building site is graded to even out the level of the site or to increase it to the required Miami-Dade County flood criteria elevation. Average elevation shall be determined by taking elevations along both sides of the wall, hedge or fence line, at five-foot intervals and totaling the same and then dividing the total by the number of stations at which the elevations were taken. (e) Height between different districts. Notwithstanding any provisions in this chapter to the contrary, where an RU District abuts another district, a fence, wall or hedge on the RU property may be erected, or maintained on the common property line of the height permitted in the abutting district. (f) Fences for tennis courts; fences and walls for other recreational uses. Fences for tennis courts may be erected up to fourteen (14) feet in height if such fence conforms to accessory use setbacks. Fences and/or walls in connection with other permitted recreational uses, such as baseball backstops, handball courts, and the like, shall be permitted of a height necessary for the particular use if required accessory use setbacks are observed. (g) Wire fences, barbed wire and electricity charged fences. Wire fences shall be permitted in all districts except where otherwise prohibited by this chapter. Barbed wire fences and fences charged with electricity shall be permitted only in the AU Zoning District, except as may be approved after public hearing and except: (i) (ii) Barbed wire fences shall be permitted in the BU and IU Zones where such barbed wire is placed on an angle extension of not more than sixteen (16) inches on top of walls or fences at least six (6) feet in height. This extension shall contain no more than three (3) strands of barbed wire and shall not extend over official rights-of-way or over property under different ownership. Electrically charged secondary wire fences that are pulsating shall be permitted in IU Districts where such fences conform with the requirements of Section 33-11(k). 5134

279 ZONING (h) Heights in RU and EU-M Districts. In the RU and EU-M Districts, the height of any fence or wall shall not exceed six (6) feet. In the RU and EU-M Districts, the height of any hedge shall not exceed seven (7) feet. In the RU-5 and RU-5A Districts, fences, walls and hedges shall conform to these regulations, except as may otherwise specifically be required by the District regulations. (i) Height in other EU, AU and GU Districts. In EU Districts other than EU-M, and in AU and GU Districts, the height of any fence or wall shall not exceed six (6) feet when located within the required front or side street setback areas; In EU Districts other than EU-M, and in AU and GU Districts, the height of any hedge shall not exceed seven (7) feet when located within the required front or side street setback areas. At other points in such districts, fences, walls or hedges shall not exceed eight (8) feet in height. The Director may authorize hedges of a greater height for windbreaks for groves when necessary to protect same. (j) Height in BU and IU Districts. In the BU and IU Districts, the height of any wire fence shall not exceed eight (8) feet when located within the required front or side street setback areas; when located between the building line and other property lines, not to exceed eight (8) feet in height. Walls and hedges, when located within the required front or side street setback areas shall not exceed four (4) feet in height; when located between the building line and other property lines, walls and hedges shall not exceed eight (8) feet in height. It is provided, however, that electrically charged secondary wire fences in IU Districts shall not exceed ten (10) feet or two (2) feet above the height of primary perimeter fence, whichever is lower. (k) IU Districts, fence in lieu of wall. In IU Districts, a wire fence or combination wire fence and electrically charged secondary wire fence that is pulsating shall be permitted in lieu of a masonry wall as required in the IU Districts under the following conditions: (1) That the property concerned is zoned industrial and the adjacent property, either abutting on or across the street from where the fence is to be erected is zoned industrial. (2) The storage within such fences be limited to vehicles, equipment and new materials. (3) That all required parking be excluded from the fenced-in area, unless otherwise approved by the Director. (4) Where abutting property is other than industrial, or where the property on the street opposite the industrial site concerned is zoned other than industrial, a concrete wall will be erected as otherwise provided for in this chapter. (5) Electrically charged secondary wire fences shall be completely surrounded by a nonelectrical fence or wall located between the electrically charged wire fence and the perimeter of the property; and (6) The height of the electrically charged secondary wire fence shall not exceed ten (10) feet or two (2) feet above the height of a non-electrical perimeter fence, whichever is lower; and (7) Electrically charged wire fences shall be clearly identified with warning signs that read: "Warning - Electric Fence". Such warning signs in three languages, English, Spanish and Creole, shall be posted on the electrically charged fence at least five (5) feet above finished grade and spaced no greater than sixty (60) feet apart; and (8) A Building permit shall be required prior to installing an electrically pulsating charged wire fence. Said fence must meet all applicable life-safety codes. It is provided, however, that the limitations set forth in this section for electrically charged fences shall not apply to United States Military Bases. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, : Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ;

280 33-11 MIAMI-DADE COUNTY CODE Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No. R-13-09, 1, ) Cross reference Wall around junkyards, Sec Fences and safety barriers for swimming pools. (a) Required for final inspection of pool. No final inspection and approval for a swimming pool shall be given by the Department, unless there has been erected a safety barrier as hereinafter provided. No pool shall be filled with water unless a final inspection has been made and approved, except for testing purposes as may be approved by the Department of Planning and Zoning. (b) Types permitted. The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall or other materials, so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. (c) Height. The minimum height of the safety barrier shall be not less than four (4) feet. (d) Location of barrier. The safety barrier shall be erected either around the swimming pool or around the premises or a portion thereof on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Pools located in enclosed structures or on the roofs of buildings shall not require the installation of barriers as required herein. (e) Gates. Gates shall be of the spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use. (f) Permits. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of this chapter. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier, provided however, that in lieu of the permit for a safety barrier, a written statement from the owner certifying that he understands and agrees that the pool cannot be used or filled with water until a permit has been obtained for an approved safety barrier and such barrier erected, inspected and approved will be acceptable. This certification, however, will not eliminate the need for obtaining a permit and erecting an approved barrier prior to final inspection and use of the pool. If the premises are already enclosed, as hereinbefore provided, permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier and gates are proven to be satisfactory. (g) Wooden fences. In the wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable. (h) Walls. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable. (i) Wire fences. Wire fences shall be the two (2) inch chain link or diamond weave nonclimbable type, or of an approved equal, with top rail, they shall be of a heavy, galvanized material. (j) Refusal of permit. It shall be within the discretion of the Director to refuse approval of an barrier which, in his opinion, does not furnish the safety requirements of this section, i.e., that is high enough and so constructed to keep the children of preschool age from getting over or through it. (k) Maintenance. It shall be the responsibility of the owner and/or occupant of the premises upon which the swimming pool is hereafter erected to

281 ZONING or landscaping in those subdivisions located in Section 10, Township 52 South, Range 40 East shall be deemed to be in compliance with this chapter, provided that the accessory structure or landscaping meets all of the following requirements: (a) (b) (c) The accessory structure or landscaping is accessory to a lawful single-family residential use that abuts a privately owned artificial lake that is connected to another surface water body; and The accessory structure or landscaping is located in part or in whole waterward of the top of slope; and The accessory structure or landscaping was complete prior to the effective date of this section; and (d) A building permit for the accessory structure has been applied for on or before April 20, 2000, and once issued shall not be renewed more than twice. (Ord. No , 1, ) Sec Buildings for public assemblage In districts other than business or industrial. All building or other structures or any part thereof, intended for public assemblage, wherein provisions are made for fifty (50) or more persons to assemble in one (1) room or such structure as an auditorium, church, club, hospital, sanitarium, school, theater, night club, amusement park structure and similar structures, excluding hotels, motels and apartments shall be located or placed only in business or industrial districts, as herein provided, and shall comply with the following: (1) No building for public assemblage shall be located closer than twenty-five (25) feet to any property line which abuts on a public highway or alley, or closer than fifty (50) feet of any property line abutting a lot under different ownership than that on which the structure is to be placed, or closer than seventy-five (75) feet to an existing residential building. (2) A separate lot used to provide setback requirements shall not be occupied by another building, if it would reduce the clear space required. (3) In EU-1 and EU-2 Districts, where the setback from the front building line is greater than the minimum specified by this section, buildings for public assemblage shall set back at least the minimum distance required, namely, fifty (50) feet from the front property line. (4) No building for public assemblage in EU-M, EU-1 and EU-2 Districts shall be closer than seventy-five (75) feet to any property line abutting a lot under ownership other than that on which the structure is to be placed. (5) Reserved. (6) Reserved. (7) Ample parking facilities for buildings for public assemblage shall be provided off the highway right-of-way. Parking facilities for a church, school, or other buildings used for noncommercial purposes in a residential district may be permitted in the same district with said church, school or other buildings used for noncommercial purposes, provided no parking lot or special parking area is closer than twentyfive (25) feet to any property under different ownership which is zoned RU or EU unless the parking area is separated from such lot by a wall or hedge approved by the Director. (8) Philanthropic and eleemosynary institutions shall be classed as buildings for public assemblage, but if any building or its use is operated for profit, it shall be permitted only in districts where such business or industry is permitted. (Ord. No , 5(M)(1), ; Ord. No , 1, ) Cross reference Wilful or malicious bombing or threats of bombings of public buildings, 21-1 et seq. Sec Religious facilities and schools in RU-5A, BU and IU districts. (a) Buildings used for public assemblage as defined in Section 33-17, where located in RU-5A, BU or IU Districts may be permitted with the 5145

282 33-18 MIAMI-DADE COUNTY CODE same yard requirements and setbacks as required of the office, business or industrial buildings legally allowed in these districts. (b) With the exception of religious facilities no building for public assemblage shall be permitted in IU-2 and IU-3 Districts unless directly connected with legally established industrial use. (c) Churches in RU-1, RU-2, EU-M, EU-1, EU- 1C, EU-2, AU and GU Districts will be permitted only upon approval after public hearing; schools in GU, EU-2, EU-1C, EU-1, EU-S, EU-M, RU-1, RU-2, RU-1(M)(a), RU-1(M)(b), RU-TH, RU-5, RU- 5A, PAD, IU-2, IU-3 and IU-C will be permitted only upon approval after public hearing, and shall be subject to compliance with the requirements of sections through of this code. (d) Duly constituted "missions" are permitted under the same conditions and in the same zoning districts that churches are permitted. For the purposes of this section, a "mission" shall mean any body, association, or organization for doing religious and charitable work, devoted entirely to the moral, religious and social improvement of those in need of such missionary work and assistance, which does not constitute a church but is sponsored by a duly constituted church. (Ord. No , 5(M)(2), ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ) Sec Donation collection bins prohibited; exceptions. (a) Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district unless it is enclosed within a building, or except as provided in this section. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items. (b) Exceptions. The following shall be exempted from the provision of subsection (a) above: (1) Nonmotorized vehicles which comply with the following criteria: (i) (ii) The nonmotorized vehicles must be operated by an organization which has been incorporated as a not-forprofit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service; Personnel directly employed by or volunteers for the not-for-profit organization must be present at the nonmotorized vehicles at least five days a week (except holidays) to accept donations; (iii) The monetary proceeds resulting from the sale of donations collected at a nonmotorized vehicle must be used in accordance with the organization's charitable purpose pursuant to Section 33-19(a)(i) to benefit persons within the boundaries of Miami- Dade County or outside of Miami- Dade County to provide emergency relief for victims of natural, manmade or economic disasters; (iv) (v) The operation of the nonmotorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-forprofit organization and not by a licensee, subcontractor or agent of the not-for-profit organization; and The nonmotorized vehicles shall be located on sites in accordance with the requirements of Section (5); provided further that said nonmotorized vehicles shall operate in a safe manner, be neat in appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening; and 5146

283 ZONING (vi) For each nonmotorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions. Nonmotorized vehicles which comply with the foregoing criteria are not required to be shown on-site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. (2) Permanently placed donation collection bins which comply with the following criteria: (i) (ii) The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service. The monetary proceeds resulting from the donations collected at said donation collection bins must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami- Dade County or outside of Miami- Dade County to provide emergency relief for victims of natural, manmade or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster; (iii) The donation collection bins shall be permanently affixed to the property and shall have been approved by the Building Official as meeting the requirements for wind resistance established by the Florida Building Code; (iv) (v) The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 75 feet from any property line. Each donation collection bin shall require a permit from the Department prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins must be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited; and For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions. (3) Temporarily placed donation collection bins, which comply with the following criteria: (i) The donation collection bins are contained wholly upon improved property owned and operated by an orga

284 33-19 MIAMI-DADE COUNTY CODE (ii) nization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service; No more than one such donation collection bin may be located on such site of one acre or less; for properties over one acre, no more than one bin per acre up to a maximum of 5 bins per site; (iii) Such donation collection bin must have wheels affixed to the bottom of the bin or be readily transportable; (iv) (v) (vi) Such collection bin shall display prominently the name of and contact information for the not-for-profit organization responsible for the bin; The monetary proceeds resulting from the donations collected at said donation collection bin must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami- Dade County or outside of Miami- Dade County to provide emergency relief for victims of natural, manmade, or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor, or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster; Each donation collection bin shall require a permit from the Department prior to placement on the property. Each bin shall be located no closer than 20 feet from any property line. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins that comply with the criteria set forth in this subsection (3) are not required to be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Electrical connections to the bins shall be prohibited; (vii) Such collection bin shall be maintained in a safe, clean, neat, and presentable manner, free of graffiti, and shall be in a usable condition at all times; (viii) No major repairs or overhaul work on such collection bin shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances); (ix) (x) (xi) Such collection bin shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines; When located outdoors, such collection bin shall be tied down to the land upon which it is located; Such collection bin shall be secured indoors for the duration of the following National Weather Service Advisories, Watches, and Warnings for Miami-Dade County: Wind Advisory; Severe Thunderstorm Watch; High Wind Watch; Tornado Watch; High Wind Warning; Severe Thunderstorm Warning; Tornado Warning; Tropical Storm Warning; Hurricane Watch; and Hurricane Warning; and (xii) For each such bin, said not-for-profit organization shall submit a declaration of use in a form meeting with

285 ZONING the approval of the Director in connection with the issuance of the temporary permit. Said declaration of use shall specify compliance with the foregoing conditions. The temporary permit shall specify the duration of the use. Notwithstanding any ordinance, resolution, or administrative order to the contrary, no fee shall be charged for the issuance of a certificate of use for a temporarily placed collection donation bin. (c) Designation of enforcement officer. The Director shall designate an enforcement officer who shall be responsible for the removal of illegal donation collection boxes. (d) Notification. Whenever the enforcement officer ascertains that an illegal donation collection bin is present on any property within unincorporated Miami-Dade County, the officer shall cause a notice to be placed on such bin in substantially the following form: NOTICE This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within seventy-two (72) hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of Miami-Dade County. Dated this: (setting forth the date, time of posting of the notice) Signed: (setting forth name, with the address and telephone number of the enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. (e) Removal of donation collection bin. If at the end of seventy-two (72) hours after posting of such notice, the donation collection bin has not been removed from the property, the enforcement officer shall cause the bin to be removed. (f) Assistance of Miami-Dade Police Department. If the enforcement officer is unable to successfully remove a donation collection bin subject to seizure under this section, the enforcement officer or his designated representatives may secure the assistance of the Miami-Dade Police Department to effect the removal of said bin. (g) Obstructing an enforcement officer in the performance of duties. Whoever opposes, obstructs or resists the enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law. (h) Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in subsection (d) above, it shall be destroyed by order of Miami-Dade County. The contents of the bin may be destroyed or donated to charity. (i) Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner. (j) Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ) Sec Display of vehicles for sale. (a) No vehicle or boat shall be displayed for sale in a residential district unless affixed to the vehicle is a valid state license plate issued for the vehicle, except that a vehicle affixed with a lost tag may be displayed for a period not to exceed ten (10) days. A vehicle with a lost tag shall have the vehicle registration affixed to the rear window so as to be easily readable by law enforcement and code enforcement officials. As used in this section, the term "vehicle" shall include an automobile, motorcycle, truck, or recreational vehicle, a utility trailer, or a trailer for transporting off-highway vehicles or boats

286 MIAMI-DADE COUNTY CODE (b) In residential districts no more than one (1) vehicle may be displayed for sale at any one (1) time on any one (1) premise and no more than two (2) vehicles may be displayed for sale at any one (1) premise for any one (1) calendar year, and the display shall only be permitted at the current address of the registered owner of the vehicle offered for sale on the subject premises. (c) No more than one sign shall be placed on the vehicle offered for sale. Such sign shall not exceed 8 inches by 12 inches. (d) All violations of this section shall be punishable by a fine of one hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars ($500.00) per vehicle for each additional vehicle and any repeat violation of this

287 ZONING (7) Office parks. (8) Pubs and bars. (9) Regional shopping centers. (10) Warehouse, membership. (Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ) Sec Setbacks, cubic content, yard area, etc. Setbacks, cubic content, yard area, lot sizes, etc., shall be specified in article II of this chapter. (Ord. No , 1, ) Sec Height. The maximum height of a building is not limited except as all other provisions of this article must be compiled with, especially the floor area ratio and lot coverage and the landscaped open space requirements. (Ord. No , 1, ) Sec Floor area ratio and lot coverage. The floor area ratio shall be forty-one-hundredths (0.40) at one (1) story and shall be increased by eleven-one-hundredths (0.11) for each additional story up to eight (8) stories, thereafter the floor area ratio shall be increased by six-onehundredths (0.06) for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the total lot area. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes, nor as part of the lot coverage. (Ord. No , 1, ) Sec Landscaped open space. The minimum landscaped open space at one (1) story shall be in accordance with the following table: Size of the Total Lot Area Percent of the Total Lot Area Up to one (1) acre 18.0% More than one (1) acre and up to five (5) acres 16.0% More than five (5) acres and up to twenty-five (25) acres 14.0% More than twenty-five (25) acres 12.0% The minimum landscaped open space shall be increased by one and one-half (1 1 /2) percent for each additional story or part thereof, up to eight (8) stories, thereafter the landscaped open space shall increase by two and one-half (2 1 /2) percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped open space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed twenty (20) percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten (10) percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code. (Ord. No , 1, ; Ord. No , 1, ) Sec Prohibited uses. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots shall be prohibited. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. (Ord. No , 1, )

288 MIAMI-DADE COUNTY CODE Sec Enclosed uses. All uses shall be conducted within completely enclosed buildings, unless otherwise specifically provided herein. All materials and products shall be stored within the building or within an area completely enclosed with walls which have a life

289 ZONING (o) (p) (q) (r) (s) (t) Unit. The word "unit" shall mean and refer to houses, apartments, group of rooms, or a single room occupied or intended for permanent or transient occupancy as separate living quarters. Citizen participation. The words "citizen participation" shall refer to the suggestions and comments of responsible and recognized persons and groups to the Developmental Impact Committee during the deliberative processes and prior to final recommendations on appropriate developments. Citizen participation shall not refer to public hearings or adversary proceedings of any nature before the Developmental Impact Committee. The Developmental Impact Committee shall prepare appropriate guidelines involving citizen participation in the process. Zoning actions. The words "zoning action" shall refer to any action pursuant to Chapter 33 of the Code of Miami-Dade County taken after a public hearing, including the acceptance of a declaration of restrictive covenants proffered at a public hearing. Independent development parcel. The words "independent development parcel" shall refer to a development parcel which is buildable in one (1) or more phases, which parcel has parking, an independent circulation system, and sufficient identity to be developed independently of surrounding property. A development parcel may consist of one (1) or more platted tracts, developed as a single independent development parcel. "Immediate vicinity" means an area in which a parcel of land proposed for alternative development is located that is physically, functionally or geographically identifiable as a distinct realm, place or neighborhood, or an area within a radius of not more than five hundred (500) feet from the parcel proposed for alternative development, whichever is smaller. "Open space" means that portion of a parcel of land which is not covered with a (u) (v) building and is open to the sky and may include patios, limited roof overhangs, screened enclosures with screened roofs, open trellises, walkways, swimming pools, tennis courts, landscaped areas, decks, and non-covered parking areas. "Parcel proposed for alternative development" means the site of the structure for which alternative site development option approval is sought. "Proposed alternative development" means any building activity for which alternative site development approval is sought. (w) "Underlying district regulations" means the site development regulations of the particular zoning district in which proposed alternative development is located, such as setbacks, lot area, frontage, and depth, lot coverage, and structure height. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 33, ; Ord. No , 1, ; Ord. No , 21, ; Ord. No , 1, ; Ord. No , 2, ) Sec Exclusive procedure. (a) The procedure provided herein shall be exclusive in the unincorporated area of the County; provided, however, that unless a governmental facility is authorized as a designated permitted use in a zoning district, Miami-Dade County and its agencies and authorities shall not be bound by the procedures herein contained in constructing, erecting or operating any governmental facility listed below in the unincorporated area of Miami- Dade County, and the Board of County Commissioners may establish any governmental facility listed as follows where the Board may direct without regard to the zoning or use classification of any particular site or location: public parks, playgrounds and buildings, and structures supplementary and incidental to such uses; domestic violence centers; fire stations; police stations; public auto inspection stations; public water and sewer treatment and distribution facilities; public 5423

290 MIAMI-DADE COUNTY CODE libraries; public buildings and centers; public hospitals, nursing homes and health facilities; public auditoriums, arenas, museums, art galleries and convention halls; maximum and minimum detention facilities; solid-waste collection and disposal facilities; public maintenance and equipment yards; public bus stations and Rapid- Transit stations and facilities; and uses determined by the Board of County Commissioners to be similar to those listed above. (b) The Board of County Commissioners may only authorize the erection, construction and operation of the governmental facilities enumerated in Subsection (a) above by resolution following public hearing. The said public hearing shall be held upon at least fifteen (15) days' notice of the time and place of such hearing published in a newspaper of general circulation in Miami-Dade County, which publication shall include the time and place of hearing before the Board of County Commissioners. A courtesy notice containing general information as to the date, time, and place of the hearing, the property location and general nature of the application may be mailed to the property owners of record, within a radius of three hundred (300) feet of the property described in the application, or such greater distance as the Director may prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. To provide additional notice to the public, the property shall be posted by a sign or signs indicating the action desired and the time and place of the public hearing thereon. Failure to post such property shall not affect any action taken hereunder. At the public hearing the Board of County Commissioners shall consider, among other factors, the type of function involved, the public need therefor, the existing land use pattern in the area, alternative locations for the facility and the nature of the impact of the facility on the surrounding property. After considering these said factors, the Board of County Commissioners shall take such action as is necessary to provide for and protect the public health, safety and welfare of the citizens and residents of Miami-Dade County. (1) In the event the Board of County Commissioners authorizes the construction, erection, use or operation of a governmental facility in accordance with the procedures delineated above, or in the event the Board otherwise determines that County-owned property should be utilized by the County for a particular public purpose, the property shall be posted by a sign or signs conspicuously located thereon indicating the governmental facility or use authorized for the property. Such sign or signs may be removed upon the commencement of construction. The County Manager or designee shall periodically check the property to ensure that the signs provided for in this subsection remain in existence and accurately depict the proposed use of the subject property. This subsection shall be construed as directory only and failure to comply with the provisions hereof shall not affect the validity of the County Commission's action authorizing the use of the property for the designated purposes. (c) Any facility which is designated as or intended to be operated as a domestic violence center at the time of consideration, planning, erection, construction or acquisition, shall be exempt from the notice and public hearing provisions set forth in Subsection (b) above. (d) The procedure established by this chapter shall be the exclusive procedure when applicable to any airport zoning regulations in both the unincorporated and incorporated areas of the County, and no application for a district boundary change, change in zoning regulations, appeals of administrative decisions, special exceptions or unusual and new uses or variances shall be considered or granted by any County Board or Commission unless the same is provided for by this chapter and only by the procedure and method so provided; provided, however, the Board of County Commissioners may change the zoning regulations without following the procedure provided therefor in this article; provided, however, that no such change will be made unless the written recommendation of the Director and Zoning Official are first considered by the Board. No special permit shall be considered or granted by any County Board or Commission. 5424

291 ZONING (e) A commissioner may request a deferral of consideration of any item relating to the construction, erection, use or operation of a governmental facility for up to thirty (30) days the first time the item appears on a commission agenda or the first time the item is raised at a commission meeting if the proposed construction, erection, use or operation of the governmental facility affects that commissioner's district exclusively or primarily. Upon the commissioner's invoking this right, discussion upon that item shall cease and the commission shall move to another item of business. The provisions of this Subsection (d) shall be deemed waived unless asserted by a commissioner before the board takes action on the resolution in question. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ) Sec Developmental Impact Committee. (A) There is hereby established a Developmental Impact Committee composed of members representing the following County departments and agencies or their successor departments or agencies: (1) Department of Public Works and Waste Management; two (2) members consisting of one representative from the Traffic Division and one representative from the Solid Waste Division. (2) Department of Regulatory and Economic Resources; three (3) members consisting of one representative from the Division of Environmental Resource Management, one representative from the Division of Planning, and one representative from the Development Services Division. (3) Parks, Recreation and Open Spaces Department. (4) Miami-Dade Water and Sewer. (5) Miami-Dade Police Department, consisting of a representative with responsibility for budget and the District Commander of the district where the application is located, or his or her designee. (6) Fire Rescue Department. (7) Miami-Dade Transit Department. (8) Metropolitan Planning Organization. (9) The County Mayor shall invite the School Board of Miami-Dade County, Florida and the South Florida Water Management District each to assign a permanent representative to the Developmental Impact Committee who shall remain permanent employees of the School Board and the district respectively. (10) Whenever the Developmental Impact Committee is to consider a development of County impact that is proposed in a municipality, representatives of the municipal government shall be invited to serve and participate as ex officio members of the Committee upon all matters relating to the said development. (B) The Executive Council of the Developmental Impact Committee shall consist of representatives from the following Departments: Department of Regulatory and Economic Resources; Department of Public Works and Waste Management; Water and Sewer Department; Parks, Recreation and Open Spaces Department; Transit Department; the Secretariat of the Metropolitan Planning Organization (MPO); and the County Mayor or his or her designee. Each Department shall be represented by the Director or an Assistant Director, except that the Department of Regulatory and Economic Resources shall be represented by two of the following: the Director, the Assistant Director for Development Services, or the Assistant Director for Environmental Resources Management. Each member may assign staff of the respective department to act on his/ her behalf as needed. The Executive Council shall discharge such duties and functions as conferred by the Code of Miami-Dade County, Florida and by the ordinances, rules and regulations approved by the Board of County Commissioners. The du- 5425

292 MIAMI-DADE COUNTY CODE ties and functions of the Executive Council Chair shall be assumed by each of its members on a rotating basis as needed. (C) Each named department shall appoint a representative or representatives to the Committee who shall serve full-time in that capacity unless otherwise permitted by the Chairman. The Chairman and members of the Committee shall be furnished with such administrative and clerical assistance as the County Manager deems necessary. They shall sit en banc and shall hold such meetings as required by the Chairman or as prescribed by this section. (D) Duties of the Developmental Impact Committee. The Developmental Impact Committee shall perform the following duties: (1) Review all developments of County impact and recommend, where applicable, whether, and the extent to which: (a) (b) (c) The development, as proposed, conforms to the Comprehensive Development Master Plan for Miami-Dade County, Florida, and is consistent with the recommendations of any applicable neighborhood or area studies or plans which have been approved by action of the Board of County Commissioners, or is otherwise compatible with the existing area or neighborhood development; The development would serve a public benefit; The development, as proposed, will have a favorable or unfavorable impact on the environment and natural resources of Miami-Dade County, including a consideration of the means and estimated cost necessary to minimize the adverse impacts, if any; the extent to which alternatives to alleviate adverse impacts may have a significant impact on the natural and human environment, and an identification of any irreversible or irretrievable commitment of natural resources which would be involved should the development be implemented; (d) (e) (f) The development, as proposed, will have a favorable or unfavorable impact on the economy of Miami-Dade County, Florida; The development, as proposed, will efficiently use or unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities which have been constructed or planned and budgeted for construction in the area; The development, as proposed, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, public streets, roads and highways, which have been planned and budgeted for construction in the area, and if the development is or will be accessible by private or public roads, streets, or highways. (2) Review and make recommendations concerning all applications for development approval of a development of regional impact and notices of change to a previously approved development if regional impact which would change in any respect the conditions existing in a current development order, resolution or declaration of restrictions governing land development; provided, however, applications to extend a commencement, build-out date, expiration date, phasing deadline, or applicable mitigation requirements for the maximum period of time declared by state law regardless of any previous extension not to constitute a substantial deviation from existing development orders for currently valid developments of regional impact development orders, and related applications for zoning actions to accomplish only the requested extension, shall not be subject to review by the Developmental Impact Committee; it is further provided, however, that, pursuant to F.S (19)(c)(2), the foregoing exception from DIC review shall not apply to development orders for which, before December 1, 2011, the County has notified a 5426

293 ZONING developer that has commenced any construction within the phase for which mitigation is required that the County has entered into a contract for construction of a facility with funds to be provided from the development's mitigation funds for that phase as specified in the development order or written agreement with the developer. (3) Upon application, determine whether a development of regional impact ("DRI") is essentially built out and issue an appropriate order. (a) As used in this subsection "essentially built out" shall mean: (i) (ii) The development is in compliance with all applicable terms and conditions of the development order except the build out date; and Either: (A) (B) the amount of the development that remains to be built is less than the substantial deviation threshold specified in (19)(b), Fla. Stat., as amended, for each individual land use category, or, for a multi-use development, the sum total of all unbuilt land used as a percentage of the applicable substantial deviation threshold is equal to or less than 100 percent; or The Developmental Impact Committee has determined, after the state land planning agency has previously agreed in writing, that the amount of the development to be built does not create the likelihood of any additional regional impact not previously reviewed. (b) (c) Hearings before the Executive Council of the DIC pursuant to this subsection shall be noticed in the same manner as applications filed before the Community Zoning Appeals Boards pursuant to Section for modifications of DRIs. The DIC determination that a DRI is essentially built out may be appealed, within fourteen (14) days to the Board of County Commissioners pursuant to the provisions of Section , Code of Miami-Dade County. The fourteen (14) day appeal period provided herein shall commence on the fourteenth day after transmittal of an order of the Executive Council to the Director. Where the fourteenth day falls on a weekend or legal holiday, the appeal period shall be deemed to extend to the next business day. If the DIC determination is not appealed, the determination shall become final. (4) Review and make recommendations upon, pursuant to the criteria stated in (D)(1), those applications for zoning action or "development" as defined in Section which do not constitute developments of County impact but which, if granted, could result in developments having a significant impact on the natural and human environment of Miami-Dade County, Florida. Such developments shall include but not be limited to those listed in Section (D)(6)(a)1 through 8. (5) Identify and develop guidelines, and propose rules and regulations concerning the preparation of recommendations to the Board of County Commissioners required by (D)(1), (3) and (6)(c); provided, however, that, as a minimum standard, all recommendations shall fully specify the basis for the conclusions reached as to each item listed in Section (D)(1), (3) and (6)(c). Where a development would have only a neutral impact in terms of the aforesaid items, the recommendation shall so specify. 5427

294 MIAMI-DADE COUNTY CODE (6) Upon request, assist the Director and the Zoning Official in the preparation of written recommendations and conditions to the Community Zoning Appeals Board and the Board of County Commissioners as required by Chapter 33 of the Code of Miami-Dade County. The nature and extent of such assistance shall be established by the Executive Council, after consultation with the Director and the Zoning Official, and shall be specified and adopted as part of the committee's rules and regulations, as herein prescribed. (7) Review and make recommendations concerning County zoning actions, with the exception of applications which seek only non-use variances and/or a modification of a condition(s) or covenant(s) and which do not approve a change of use or an increase in the floor area for any and all nonresidential use(s), which are: (a) Required by the regulations to be taken after public hearing, and which would allow individually, or cumulatively within an independent development parcel: 1. Residential developments involving in excess of two hundred fifty (250) dwelling units. 2. Business uses involving in excess of ten (10) acres or one hundred thousand (100,000) square feet of retail floor area, or one thousand (1,000) vehicle off-street parking space capacity. 3. Recreational, cultural, or entertainment facilities involving in excess of one thousand (1,000) vehicle off-street parking space capacity for single performance or twenty (20) acres. 4. Office buildings or office complexes involving in excess of one hundred twenty-five thousand (125,000) square feet of (b) floor space, or one thousand (1,000) vehicle off-street parking space capacity. 5. Industrial, processing or manufacturing activity involving fifty (50) acres, or five hundred (500) vehicle off-street parking space capacity. 6. Hotel and/or motel developments involving in excess of two hundred fifty (250) units. 7. All planned area developments. 8. Mixed-use developments with two (2) or more of the land use types specified in 1. through 6. above where none of the individual land uses in the development meet or exceed the thresholds listed in 1. through 6. above and where the sum of the percentages of the appropriate thresholds listed in 1. through 6. above for each applicable land use in the development is greater than one hundred thirty (130) percent. Where a development addresses more than one (1) threshold within a particular land use type listed in 1. through 6. above, then the threshold in that land use type which generates the highest percentage shall be utilized in the calculation of the total mixeduse percentage for the subject development. Required by the regulations to be taken after public hearing, which zoning action would change in any respect an existing resolution pertaining to an application reviewed by the Developmental Impact Committee, and is presumed to constitute a substantial deviation. All such applications for change shall be presumed to request substantial deviation, unless the requested action nei- 5428

295 ZONING (c) (d) ther equals, exceeds, or conflicts with either of the following limitations and standards: 1. An increase in the number of dwelling units of twenty (20) percent or one hundred (100) units, whichever is less. 2. An increase in the floor area for nonresidential uses of twenty (20) percent or thirty thousand (30,000) square feet, whichever is less; The foregoing presumption of substantial deviation shall not apply whenever the Executive Council determines that the requested modification would not constitute a potential negative impact under the guidelines of Section (D)(1). The determination by the Executive Council shall be final and not subject to administrative appeal. There shall be no right of judicial review until after final action on the application by the Board of County Commissioners. The Committee shall recommend to the applicable Board whether, and to the extent to which, the development permitted by the approval of zoning action referred to in (6)(a) and (b) above will efficiently use or unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities or public transportation facilities, including roads, streets and highways, which have been constructed or planned and budgeted for construction in the area, and whether the proposed development will have a favorable or unfavorable impact on the economy of Miami- Dade County, Florida. No public hearing shall be held by any board on any application for zoning action approval subject to review by the Developmental Impact (e) Committee until the Committee has made its recommendations with regard thereto. The Committee shall promulgate rules and regulations establishing guidelines, criteria and procedures for the expeditious review of all said zoning actions involving site or plot use plans. In establishing such criteria, the Committee is instructed to encourage originality, increase residential amenities, enhance the appearance of the neighborhood, and, where possible, to preserve the natural features and encourage the best utilization of the land for the benefit, use, and enjoyment of future residents and owners of the property consistent with the overall good of the community. (8) Issue letters of interpretation as to whether an application would permit a "development of County impact." (9) Assist the Director in the preparation of a development manual prescribing uniform standards of, and procedures for, development in Miami-Dade County. (10) Establish, and from time to time amend, rules and regulations relating to the preparation of site plans, and other matters, which will assist the general public in complying with the provisions of this section, or such other ordinances relating hereto as may be enacted; provided, however, that such rules and regulations, and amendments thereto, shall only become effective when approved by the Board of County Commissioners following public hearing thereon and filed with the Clerk of the County Commission. (11) Serve, in their individual capacities as Committee members, as liaison to the respective County departments or agencies on all matters herein prescribed. (12) Render preliminary opinions, following preapplication conferences, if requested, 5429

296 MIAMI-DADE COUNTY CODE on development impacts of zoning applications as established by rule and regulation. (13) Assist in the preparation and updating of a capital improvement program for Miami- Dade County. (14) Encourage in any manner deemed appropriate by the Developmental Impact Committee responsible citizen contributions to its deliberative processes prior to making final recommendations to the Board of County Commissioners. (15) Perform such other functions as prescribed by the County Manager. (16) Recommend a reasonable review fee to be established by administrative order. No such administrative order shall be effective until approved at a public hearing before the Miami-Dade County Board of County Commissioners. (17) Serve as the Land Development Regulation Commission as provided for in Section , Florida Statutes, and develop, recommend and review land development regulations, or amendments thereto, and make recommendations to the Board of County Commissioners as to the consistency of the proposal with the Comprehensive Development Master Plan. (18) Review and make recommendations to the Board of County Commissioners concerning all development agreements as defined in Section 33G-8 as required by Section 33G-8((a) and (b)) of the Code of Miami-Dade County. (19) Review and make recommendations to the Board of County Commissioners on all applications for public charter school facilities and all applications for expansions or modifications to existing public charter school facilities. (20) Review and accept on behalf of Miami- Dade County declarations of restrictive covenants running in favor of Miami- Dade County and proffered by applicants for public charter school facilities that are exempt pursuant to Section of this code from the zoning hearing process in this article, provided that said declarations provide for development restrictions or enhancements that will ensure development of proposed charter school facilities that are consistent with the Comprehensive Development Master Plan and with applicable zoning regulations. (Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No. 77-3, 1, ; Ord. No , 1, ; Ord. No. 82-4, 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 21, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, Annotation AO Sec Airport Developmental Impact Committee. There is hereby established an Airport Developmental Impact Committee Executive Council. When a zoning application under Article XXXVII of this code (Miami International Airport (Wilcox Field) Zoning) or under Article XXXVIII of this code (Opa Locka Airport Zoning) is for property located entirely in the unincorporated area of Miami-Dade County, the Airport Developmental Impact Committee Executive Council shall be composed of the County's Developmental Impact Committee Executive Council established by Section of this code, and the Director of Miami-Dade County Aviation Department, or designee, as a non-voting member. When a zoning application under Article XXXVII or Article XXXVIII of the code is for property located in whole or in part in the incorporated area of any municipality, the Airport Developmental Impact Committee Executive Council shall be composed of the persons described above and the Mayor of the municipality, if not a voting member of the municipal governing body, or if the Mayor is a voting member, then the City Manager of said 5430

297 ZONING municipality serving as the representative from the municipality where the application property is located. The Airport Developmental Impact Committee Executive Council shall, in accordance with the procedures in Section of this code, review and make recommendations to the Board of County Commissioners on all applications for exceptions, variances and appeals of decisions on applications for site plan approval under Article XXXVII and Article XXXVIII of this code. Mailed notice of meetings of the Airport Developmental Impact Committee Executive Council shall be provided in the manner prescribed for notice of applications for special exceptions under Section (d)(2) of this code. Mailed notice of meetings shall also be provided simultaneously to any municipality in which an application site is located. Applications shall comply with the procedural requirements of Section of this code. (Ord. No , 15, ; Ord. No , 1, ) Sec Applications. (a) All requests for a district boundary change, changes in the zoning regulations, appeals of administrative decisions, special exceptions or unusual uses, new uses, variances, approvals of or modifications to developments of regional impact ("DRI"), including substantial deviation determinations, and determinations that a DRI is essentially built out, shall be made by filing an application therefor with the Director on application forms prescribed by the Director or by rule and regulation of the Developmental Impact Committee. Forms shall include, but not be limited to, disclosure forms for corporations, trusts, and partnerships, and disclosure of information regarding contract purchasers and their percentage(s) of interest. Disclosure shall not be required of: i) any entity, the equity interests in which are regularly traded on an established securities market in the United States or another country; or ii) pension funds or pension trusts of more than five thousand (5,000) ownership interests; or iii) any entity where ownership interests are held in a partnership, corporation or trust consisting of more than five thousand (5,000) separate interests, including all interests at every level of ownership, and where no one (1) person or entity holds more than a total of five (5) percent of the ownership interest in the partnership, corporation or trust. Entities whose ownership interests are held in a partnership, corporation, or trust consisting of more than five thousand (5,000) separate interests, including all interests at every level of ownership, shall only be required to disclose those ownership interest which exceed five (5) percent of the ownership interest in the partnership, corporation, or trust. Disclosure forms shall be established by administrative order to be approved by the Board of County Commissioners. Such disclosure forms shall be included in the agendas distributed in connection with the public hearing on the application. Where applicable, requests shall specify whether, and the extent to which, the requested change in land use or proposed development conforms to the Comprehensive Development Master Plan for Miami-Dade County, Florida. All requests which authorizes or permits development filed pursuant to this section shall include a boundary survey of the property which is the subject of the application performed in accordance with Chapter 61G , Florida Administrative Code as may be amended from time to time in the event any portion of the property is contiguous to or across the street from a municipal boundary. It is further provided that such survey shall depict the location of any municipal boundary on or across the property being surveyed. The boundary survey submitted shall have been updated within one year proceeding the date of an application filed pursuant to this section. Upon the approval of a zoning application in whole or in part, a period of six (6) months must run prior to the filing of any subsequent application on the same property; provided that the appropriate board upon approving the application may provide for a different waiting period upon a showing of good cause. Applications approved for withdrawal without prejudice must wait a period of six (6) months prior to the filing of any subsequent application on the same property; provided that the appropriate board upon approving the withdrawal without prejudice may provide for a different waiting period upon a showing of good cause. Upon the final denial of a zoning application without prejudice, a period of one (1) year 5431

298 MIAMI-DADE COUNTY CODE must run prior to the filing of a subsequent application on the same property; provided that the appropriate board upon denying the application without prejudice may provide for a different waiting period upon a showing of good cause. Upon the withdrawal or final denial of a zoning application with prejudice in whole or in part, a period of eighteen (18) months must run prior to the filing of a subsequent application. In the event an application in whole or in part has been twice or more denied or withdrawn, a period of two (2) years must run prior to the filing of any subsequent application. Such periods of limitation shall not commence to run until the decision has been rendered by the last Board to consider the application. Further, such periods of limitation shall not apply to applications filed by the Director or the Zoning Official. Notwithstanding the provisions in the foregoing paragraph, it is expressly provided that, except for applications that have been twice or more denied or withdrawn, there shall be no period of limitation for either (1) a subsequent application that proposes a lesser total density or a less intense use than the preceding application, as determined by the Director at the time of filing; (2) a subsequent application that proposes five (5) or fewer residential units; or (3) a subsequent application that proposes development in the "urban infill area," as that area is defined in the Comprehensive Development Master Plan. An application may be withdrawn without prejudice by the applicant as a matter of right, provided the request for withdrawal is in writing and executed in the same manner as provided by Section for the executing of application, and filed with the Department no later than forty (40) days prior to the public hearing; otherwise all such requests for withdrawal shall be with prejudice save and except that the Community Zoning Appeals Boards or the Board of County Commissioners may permit withdrawals without prejudice at the time the matter is considered by such Boards; provided, further, no application may be withdrawn after final action has been taken. (b) All zoning hearing applications delineated in this chapter shall only be accepted during the established filing periods. which shall consist of three consecutive days beginning on the first and third Monday of each month. It is provided however that no zoning application will be accepted on a day set forth above which occurs on a legal holiday. Administrative variances may be filed at any time. (c) At the end of each said time period set forth in subpart (b) the Director shall promptly identify and group those applications for district boundary changes, use special exceptions, unusual and new uses and use variances which relate to or affect any particular or immediate neighborhood or area as determined by the Director, and, to the extent possible, shall notice public hearings thereon, in accordance with Section of the Code of Miami- Dade County, so as to allow the appropriate board to consider and determine the effect of the said applications on the said neighborhood or area as a whole and their relation to and conformity with the Comprehensive Development Master Plan. Upon receipt of an application, the Director shall forward the application to the appropriate Departments, as determined by the Director, for review. To allow for timely processing of applications. Department comments are to be provided to the Director within twenty-one (21) days following transmittal of the request for review, unless a greater review period is allowed by the Director. (d) All applications for zoning action which would permit, if granted, development activity that meets one (1) of the following criteria are hereby declared "developments of county impact": (1) Residential apartment developments involving in excess of eight hundred (800) units; (2) All planned developments (provided by article XXXIIIB) or cluster developments (provided by article XXXIIIA) involving in excess of eight hundred (800) units; (3) Business uses involving in excess of thirty (30) acres or one hundred fifty thousand (150,000) square feet of retail floor area, or one thousand five hundred (1,500) vehicle off-street parking space capacity; (4) Mobile home parks involving in excess of eight hundred (800) mobile home units; 5432

299 ZONING (5) Townhouse developments involving in excess of one hundred (100) acres or eight hundred (800) units; (6) Recreational, cultural, or entertainment facilities, exclusive of golf courses, involving in excess of one thousand five hundred (1,500) vehicle off-street parking space capacity for single performances of fifty (50) acres; (7) Office buildings or office complexes involving two hundred fifty thousand (250,000) square feet of floor space, or one thousand five hundred (1,500) vehicle off-street parking space capacity; (8) Industrial, processing or manufacturing activity involving in excess of one hundred (100) acres, or one thousand (1,000) vehicle off-street parking space capacity; (9) Hotel and/or motel developments involving in excess of five hundred (500) units; (10) Detached single-family development involving in excess of eight hundred (800) units. If any applicant is in doubt as to whether his proposed development would be a development of County impact, he may request a determination from the Developmental Impact Committee. Within thirty (30) days of the receipt of such request, the Chairman, on behalf of the Developmental Impact Committee, shall issue a letter of interpretation with respect to the proposed development. Where an application seeks only a special exception for site or plot use plan approval, the Developmental Impact Committee may require completion of a site plan application on a form prescribed by rule and regulation. (e) Amendments to an application shall be permitted; provided that, unless otherwise requested, suggested or concurred in by the Developmental Impact Committee, no substantial amendment shall be accepted by the Director within thirty (30) days prior to the first scheduled hearing on the application by the appropriate board or once the application has been heard and determined by the Community Zoning Appeals Board; provided further that an applicant may petition the appropriate board to permit such amendment at the time of hearing on the application and such amendment shall be accepted if approved by majority vote of those present upon good cause shown and provided it falls within the scope of the legal advertisement. In determining good cause, the appropriate board shall consider, among other factors, the timeliness of the amendment and the degree of inconvenience or surprise to objectors to the application. It is further provided that an amendment to correct a scrivener's error shall be permitted at any time up to and including the time of hearing. (f) All planned area development applications shall adhere to the following procedures which shall be deemed exclusive notwithstanding any other section herein: The Department shall submit the required exhibits for the total development plan to the Developmental Impact Committee for review in accordance with standards and review procedures of the Developmental Impact Committee. At a public hearing held by the Community Zoning Appeals Board, the developer shall present the proposal. The Community Zoning Appeals Board shall have the recommendations of the Developmental Impact Committee. The Community Zoning Appeals Board shall consider the information presented by the applicant, the recommendations of the Developmental Impact Committee and viewpoints of the public expressed at the hearing. The Community Zoning Appeals Board shall take formal action either approving the plan as presented, approving it subject to certain specified modifications, or disapproving it. Upon approval, plans, documents and recordable development agreements shall be filed with the Department and recorded in the official records and shall thereby constitute the planned area development district. If the planned area development is approved with specific modifications, as incorporated in the Community Zoning Appeals Board resolution, those modifications shall be made by the applicant prior to filing documents and plans with the Department. Such filing shall be completed within sixty (60) working days from the date the action of the Community Zoning Appeals Board becomes final including all appeals. Failure to do so shall nullify the Community Zoning Appeals Board's action unless waived by the Community Zoning Appeals Board or if 5433

300 MIAMI-DADE COUNTY CODE appealed, by the County Commission. The Director shall review all modifications in accordance with the Community Zoning Appeals Board's resolution. The approved planned area development shall be indicated on the zoning map as would any other district boundary change. Review at the development tract level may then be initiated pursuant to the provisions of the planned area development districts. (g) Extensions granted by the Florida Legislature for development orders or development permits shall be approved administratively upon application on a form prescribed by the Director and shall not be subject to the provisions of Sections and of this Chapter. It is provided, however, that an extension shall not be approved administratively where the Director determines: (i) that the permit holder is in significant noncompliance with the conditions of the permit or order, as established through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or other equivalent action; (ii) that extension of the permit or order would delay or prevent compliance with a court order; or (iii) that extension of the permit or order would create an immediate threat to public safety or health. (Ord. No , ; Ord. No , 1, ; Ord. No , 1A, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 34, ; Ord. No , 21, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No. 02-9, 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ) Sec Voluntary contribution or dedication of property to Miami- Dade County or Miami-Dade County School Board. No applicant for zoning action pursuant to Chapter 33 shall seek to induce favorable consideration of such application through contribution, dedication or conveyance of land for use of Miami- Dade County or the Miami-Dade County School Board unless the following requirements have been met: A. Property proposed to be conveyed to Miami- Dade County. 1. The zoning applicant has submitted to the Miami-Dade County Department of Environmental Resources Management an environmental site assessment for the subject property which specifically complies with the requirements set forth in the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, Second Edition, E Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and Standard Practice for Environmental Site Assessments Transaction Screen Process. 2. The Miami-Dade County Department of Environmental Resources Management has provided a recommendation after considering the environmental site assessment. B. Property proposed to be conveyed to the Miami-Dade County School Board. 1. The zoning applicant has submitted to the Miami-Dade County School Board an environmental site assessment for the subject property which specifically complies with the requirements set forth in the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate, Second Edition, E Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and Standard Practice for Environmental Site Assessments Transaction Screen Process. 5434

301 ZONING The Miami-Dade County School Board has provided a recommendation regarding the School Board's acceptance of the proposed conveyance or dedication after considering the environmental site assessment. This section shall not be the subject of any variance request. (Ord. No , 1, ) Sec District boundary maps. The Board of County Commissioners shall by resolution adopt, approve and ratify the district boundary maps as originally adopted by Resolution No. 895 of August 2, 1938, and as modified, amended and changed by subsequent resolutions, and the Director shall continue to maintain and keep on file in the Department such maps showing thereon the boundaries of districts. The district boundary maps shall be amended, modified and changed by resolution of the County Commission or Community Zoning Appeals Board as hereinafter provided, and shall be prima facie evidence of the boundaries of districts. (Ord. No , ; Ord. No , 1, ; Ord. No , 34, ) Editor s note Section 33-3 refers to the zoning maps on file in the office of the Building and Zoning Department and provides that changes in the boundaries shall be made in accordance with appropriate law. Sec Community Zoning Appeals Boards Establishment. (a) There are hereby established multiple Community Zoning Appeals Boards whose boundaries shall coincide with the boundaries of Community Councils established pursuant to the Code of Miami-Dade County. The Community Councils shall serve as Community Zoning Appeals Boards and shall have jurisdiction over zoning applications as provided in this chapter. Each member shall be a qualified elector of Miami-Dade County, with an outstanding reputation for civic interest, community welfare, integrity and responsibility; provided, no member shall be employed by Miami- Dade County, or be a member of the County Commission. The seven (7) members of each Community Zoning Appeals Board shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties, upon approval of the County Commission. (b) These boards are created and established pursuant to Section 4.08 of the Home Rule Charter, and for the purpose of facilitating the zoning powers granted by the Home Rule Charter to the Board of County Commissioners, and to provide a board to hear, consider and review appeals from the zoning regulations or decisions of an administrative official, and to take appropriate action as in this article provided and limited. (Ord. No , ; Ord. No , 1, ; Ord. No , 17, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 35, ) Sec Community Zoning Appeals Boards Term of office. The term of office of the members of each of the Community Zoning Appeals Boards shall be the terms established as members of Community Councils. In the event a vacancy should occur on a Community Zoning Appeals Board the appropriate Community Zoning Appeals Board may fill the vacancy for the remaining board member's term by appointment pursuant to Section 20-43(A)(7) of the Code. (Ord. No , ; Ord. No , 1, ; Ord. No , 18, ; Ord. No. 65-7, 1, ; Ord. No , 11, ; Ord. No , 2, ; Ord. No , 35, ) Sec Community Zoning Appeals Board; prohibition of members appearance. (A) No member of a Community Zoning Appeals Board may appear on behalf of a third person before another Community Zoning Appeals Board or before the County Commission sitting in its capacity as the zoning authority pursuant to Chapter 33, Code of Miami-Dade County. (B) No member of a Community Zoning Appeals Board shall appear at any public hearings or meetings before the Board of County Commissioners or any other federal, state, or local board 5435

302 MIAMI-DADE COUNTY CODE or tribunal, to advocate concerning any zoning application that was heard by, or that could reasonably be expected to be heard by, any Community Council. (C) Violation of this section shall constitute grounds for removal pursuant to (Ord. No , 1, ; Ord. No , 1, ) Sec Community Zoning Appeals Board Organization. (A) The Director shall serve as secretary for the Community Zoning Appeals Boards, shall be in attendance at all meetings as an advisor and be permitted to propound questions and give evidence; provided, the Director shall have authority to designate a staff member of the Department to act in the Director's stead. (B) Meetings of the Community Zoning Appeals Boards shall be held, where practical, in the area of each Community Zoning Appeals Board's jurisdiction at a time and place determined by the Director. (C) Each Community Zoning Appeals Board shall elect a Chair and a Vice-Chair from its members, each of whom shall serve until a successor is elected. (D) Rules and regulations for the Community Zoning Appeals Boards shall be adopted by the County Mayor or the Mayor's designee and approved by the County Commission. (E) The Chair, or Vice-Chair, or Acting Chair, may administer oaths and compel the attendance of witnesses in the same manner prescribed in the Circuit Court. (F) Voting Requirements. No action shall be taken on any matter before the Community Zoning Appeals Boards unless a quorum of four (4) members is present, and only upon not less than a majority vote of all members present and voting provided however that any approval or denial of any application or portion thereof pursuant to Chapter 33 shall require not less than three (3) votes. When there is an insufficient number of votes to either approve or deny an application, the result shall be deemed a tie vote. Whenever a tie vote occurs, and no other available motion on the application is made and approved before the next application is called for consideration or before a recess or adjournment is called, whichever occurs first, the matter shall be carried over to the next regularly scheduled meeting. (G) Minutes will be kept of all meetings and proceedings and shall include and state the vote of each member on each question, and the motion shall state the reason upon which it is made; such reason or reasons being based upon the prescribed guides and standards and good zoning and planning principles. If a member is absent from voting, the minutes shall so indicate. The Community Zoning Appeals Boards shall keep accurate records of their public hearings which shall be filed, together with their minutes and resolutions, with the Department, and the same shall be open for public inspection at reasonable times and hours. (H) The Director shall furnish from the Department such staff as may be necessary to assist and advise the Community Zoning Appeals Boards in the fulfillment of their duties, and is authorized to retain a qualified reporter to record and transcribe the public hearing proceedings of the Community Zoning Appeals Board, and shall provide County transportation for such Board for the purpose of making inspections of sites involved in zoning applications. (Ord. No , ; Ord. No , 1, ; Ord. No , 1B, ; Ord. No. 64-3, 1, ; Ord. No , 19, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 35, ; Ord. No , 3, ; Ord. No , 2, ) Sec Community Zoning Appeals Board/Board of County Commissioners Applications for public hearing. (a) All hearings before the Community Zoning Appeals Board or the Board of County Commissioners shall be initiated by the filing with the 5436

303 ZONING Department an application on forms prescribed by the Director, executed and sworn to by the owner or owners of at least seventy-five (75) percent of the property described in the application, or by tenant or tenants, with owner's written sworn-to consent or by duly authorized agents, evidenced by a written power of attorney, if not a member of the Florida Bar, or by the Director, or by any person aggrieved by an order, requirement, decision or determination of an administrative official when appealing the same, or by anyone desiring an amendment or repeal to the zoning regulations. All properties described in one (1) application must be contiguous and immediately adjacent to one (1) another, and the Director may require more than one (1) application if the property concerned contains more than forty (40) acres, or the fee paid for one (1) application would not equal the cost of processing the same. Only applications which the Community Zoning Appeals Board or the Board of County Commissioners are authorized to consider and act upon shall be accepted for filing. (b) Applications which are to be considered by the Community Zoning Appeals Boards in accordance with this chapter shall be assigned by the Director to the Community Zoning Appeals Board which has jurisdiction based upon the location of the property which is encompassed by the application. In the event that the property which is encompassed by the application is located in more than one (1) Community Zoning Appeals Board's district the application shall be heard directly by the County Commission. (c) Whenever any hearing is initiated by the Director or the Zoning Official, pursuant to this section, the County Mayor may order that no building permits shall be issued for any construction work on the property involved in the hearing, until the hearing has been finally concluded in accordance with the provisions of this Code. Should the County Mayor issue such an order the administrative personnel shall schedule the application for the first public hearing date after appropriate legal notice. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 35, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 5, ) Note According to Ordinance No , 1, adopted May 20, 1997, notwithstanding the provisions of Section 42 of Ordinance No , all zoning applications that were filed prior to February 4, 1997, but have not been advertised for public hearing as of the effective date of this ordinance shall be heard by the appropriate Zoning Appeals Board if such hearing is otherwise within the jurisdiction of the Community Zoning Appeals Board. Further, all zoning applications pending before the Zoning Appeals Board and the Board of County Commissioners that have not been concluded prior to July 31, 1997, and that are otherwise within the jurisdiction of the Community Zoning Appeals Boards shall be heard by the appropriate Community Zoning Appeals Board, if necessary, readvertising shall be accomplished at the expense of the County. It is provided, however, that all appeals from the Zoning Appeals Board shall continue to be heard by the Board of County Commissioners. Sec Notice and hearing prerequisite to action by the Community Zoning Appeals Boards or Board of County Commissioners. (a) When an application as prescribed by Sections and has been filed hereunder the Director shall, no later than thirty (30) days after filing, at the cost of the applicant, provide mailed courtesy notice of such filing as provided in Section (d); provided, however, that the failure to mail or receive this courtesy notice shall not affect any action or proceeding taken hereunder. The courtesy notice shall include the applicant's name, the processing number, the property size, the location (and street address, if available) of the property, a general description of the action requested in the application, and a statement that the application was filed and is being reviewed by the Department and that a future notice will be provided prior to the public hearing thereon. The notice shall additionally state and make clear that any interested person is entitled to discuss the application with the County employees processing and reviewing the application to the same extent as the applicant is so entitled and that the application may change during the hearing process. The person or persons mailing 5437

304 MIAMI-DADE COUNTY CODE the courtesy notice provided, herein shall attach an affidavit or affidavits thereof to the application's file setting forth the compliance with this subsection. The courtesy notice provided in this paragraph shall not be required for appeals filed in conjunction with Section or of the Code. (b) Applications filed hereunder shall be promptly transmitted to the appropriate board, together with the written recommendation of the Director. Where applicable the Developmental Impact Committee shall issue its recommendation, which shall include a statement of the Director as to the application's relationship to the Comprehensive Development Master Plan. All such recommendations shall state all facts relevant to the application, including an accurate depiction of known living, working, traffic and transportation conditions in the vicinity of the property that is the subject of the application, and also a description of all projected effects of the proposed zoning action on those conditions. Before reaching a conclusion, each recommendation shall list all known factors both in favor of and against each application. All such recommendations shall be signed and considered final no earlier than thirty (30) days prior to the public hearing to give the public an opportunity to provide information to the staff prior to the recommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the County departments evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons. (c) No action on any application shall be taken by the Community Zoning Appeals Boards or the Board of County Commissioners on any appeal, until a public hearing has been held upon notice of the time, place and purpose of such hearing, the cost of said notice to be borne by the applicant. Notice shall be provided as follows: (1) Said notice shall be published twice in a newspaper of general circulation in Miami- Dade County, as follows: (A) a full legal notice, to be published no later than twenty (20) days and no earlier than thirty (30) days prior to the public hearing, to contain the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application, including all specific variances and other requests; and (B) a layman's notice, to be published in the newspaper of largest circulation in Miami- Dade County, no later than twenty-five (25) days and no earlier than thirty-five (35) days prior to the public hearing, to contain the same information as the above described full legal notice except that the property's legal description may be omitted and the nature of the application and requests contained therein may be summarized in a more concise, abbreviated fashion. The layman's notice may be published in a section or a supplement of the newspaper distributed only in the locality where the property subject to the application lies. In the event that any time periods specified in this subsection shall conflict with any applicable provision of the Florida Statutes, the provision of the Florida Statutes shall govern. (2) Mailed notice containing general information, including, but not limited to, the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application shall be sent as provided by Subsection (d) no sooner than thirty (30) days and no later than twenty (20) days prior to the hearing. (3) The property shall be posted no later than twenty (20) days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information including, but not limited to, the applied for zoning action, application number, and the time and place of the public hearing. The property owner shall be responsible for ensuring that the sign is maintained on the site until completion of the public hearing and for removal of the sign within two (2) weeks following completion of the public hearing. (d) Mailed notice shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected on 5438

305 ZONING the Miami-Dade County Property Appraiser's tax roll as updated, within the following radius of the property described in the application, or such greater distance as the Director may prescribe: (1) Approvals of or modifications to Developments of Regional Impact ("DRI"), including substantial deviation determinations or modifications thereof, one (1) mile. (2) For applications, other than for Developments of Regional Impact, required to be reviewed by the Development Impact Committee; for district boundary changes, use variances, special exceptions, or unusual uses unless the foregoing are specifically itemized in subsection (d)(3) or (d)(4); for any modification of a covenant accepted or condition imposed in connection with a prior district boundary change or use variance; but this subsection shall not apply to residential uses of less than five (5) units, one-half ( 1 /2) mile. (3) For modification or elimination of conditions or restrictive covenants, or parts thereof, after public hearing, mailed notice shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, within the same radius of the property as required to be noticed for zoning action imposing or accepting the condition or restrictive covenant sought to be modified or eliminated, or such greater distance as the Director may prescribe. (4) For district boundary change involving a change of prefix within BU (Business) or IU (Industrial) and use variance involving such a use prefix change; for unusual use for outdoor patio dining, outdoor display, adult congregate living facility, day nursery, convalescent home, day camp, home for the aged, institution for the handicapped, kindergarten, nursing home, retirement village, entrance feature, mobile home as watchman's quarters, bathing beach; for special exception for resubdividing/refacing of platted lots, servant's quarters in RU-1 district, convalescent home, eleemosynary and philanthropic institution in RU-4 districts, dude ranch in AU district, temporary farm labor housing in AU district; and for all other applications for zoning action not specified in Subsections (d)(1), (2), (3) and (4), five hundred (500) feet. A courtesy notice shall also be mailed to the president of any homeowners' association having any member who resides within the area of mailed notice described above when such residency is shown upon a current updated notice filed with the Director; provided, however, that the failure to mail or receive this courtesy notice shall not affect any action or proceeding taken hereunder. The Director shall establish and maintain a process by which homeowners' associations may provide notice of the areas in which their members reside. Homeowners' associations shall keep these notices current by updating them in accordance with procedures to be prescribed by the Director. (e) The person or persons responsible for providing the notices provided in Subsection (c) above shall attach to the application file a sworn affidavit or affidavits setting forth that they have complied with said subsection. Failure to provide the newspaper notices as provided, or failure to mail the required written notices as provided, or failure to post the property as provided renders voidable any hearing held on the application. The failure to send out courtesy notices shall not render a hearing voidable. (f) The Director shall have the discretion to expand any of the notice provisions contained in this section to provide more information if deemed appropriate. (g) If the notices described in Subsection (c)(1) above are published, and the affidavits required by Subsection (e) are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal from a resolution of an administrative or quasijudicial tribunal as provided in the Florida Rules of Appellate Procedures. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 3, ;

306 MIAMI-DADE COUNTY CODE Ord. No , 2, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, : Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 35, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 6, ) Sec Administrative modification or elimination of conditions and restrictive covenants. A. Standards. The Director is authorized to consider and approve applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution, and to modify or eliminate any restrictive covenant, or part thereof, accepted at public hearing, where the requirements of at least one of the following subsections have been demonstrated. Upon demonstration that such requirements have been met, an application may be approved as to a portion of the property encumbered by the condition or the restrictive covenant where the condition or restrictive covenant is capable of being applied separately and in full force as to the remaining portion of the property that is not a part of the application and both the application portion and the remaining portion of the property will be in compliance with all other applicable requirements of prior zoning actions and of this chapter. I. Substantial Compliance With Previous Approval. The Director shall approve an application to modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof, where it is demonstrated that the proposed modification or elimination will result in substantial compliance with the previous zoning action regarding a site plan, as demonstrated by all of the following: (A) Development density and intensity have not materially changed, in that: 1. the number of buildings is not increased by more than 10 percent; (B) 2. the number of stories is the same or fewer; 3. the height of the building(s) is the same or less; 4. the number of units is the same or fewer; 5. the lot coverage and floor area ratio are the same or less; 6. the number of bedrooms and corresponding parking spaces may be increased or decreased by as much as 10%, based on the entire plan, provided the plan complies with all other requirements of this subsection and of this chapter; and 7. density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed. Design has not materially changed, in that: 1. the roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans; 2. the parking area is in the same general location and configuration; 3. the building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single-family development, zero lot line, rowhouse, townhouse and cluster development may also be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either (a) the underlying zoning district regulations, or

307 ZONING (b) any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought; 4. the landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect; 5. the proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved; 6. elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans; 7. recreational facilities, if shown on plans approved by a prior zoning action, either remain the same or are converted from one recreational use to another; 8. if recreational facilities were not shown in the approved plans, they may be added, provided there is no increase in lot coverage or decrease in required open space and such facilities are located internally within the proposed development; 9. if a variance for signage has been granted, the proposed sign(s) are no greater in size and are placed in the same general location on the site as approved by zoning action. An entrance sign location may be moved the same proportional distance as a relocated entrance drive; 10. the proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application II. (C) of the zoning code that were not previously approved at public hearing, or of expanding the scope of existing variances, alternative site development options, or other approvals pursuant to alternative development standards such that they would differ to a greater degree from the strict application of the zoning code; 11. additional outparcels may be added where: (a) (b) (c) there is no increase in the project's total floor area ratio or lot coverage; there is no reduction in the total amount of landscaped open space; and addition of the outparcel does not result in noncompliance with any other provision of this subsection on any other portion of the subject property. 12. reductions in the number of parking spaces on the site are permitted if sufficient parking spaces are provided to satisfy the requirements of this code. The slope of any lake for which a modification is requested complies with Section and all other applicable provisions of this code. Reformation of Resolutions and Declarations of Restrictive Covenants to Correct Clerical or Scrivener's Errors. (A) The Director shall approve an application to reform a clerical or scrivener's error, in a prior zoning action, including an error in an application, declaration of restrictive covenants accepted upon public hearing, or notice, which error causes the zoning action not to accurately reflect the

308 MIAMI-DADE COUNTY CODE (B) board's intent, and where it is demonstrated that all of the following requirements are met: 1. the reformation shall not include a change of judgment, policy, or prior intent of the board; 2. prior to the conclusion of the public hearing at which the zoning action for which reformation is sought was taken, the current applicant either did not know of the error, or knew of the error and made it known to the adopting board; 3. the reformation of the previous resolution or declaration is essential to insure that the zoning action reflects the intent of the adopting board; 4. the record, including, but not limited to, the staff recommendation, minutes, and motion, evidences the clear intent of the board; 5. the substance of the decision of the board was evident at the time of the adoption of the zoning action, and there was no intent to deceive the public or the board on the part of the current applicant at any time; 6. failure to approve the reformation would lead to an unjust result; 7. the error in the prior zoning action did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and 8. any errors related to public notice did not affect the legal sufficiency of the required notice. Notwithstanding the foregoing provisions, the Director, within thirty (30) days of the transmittal of a resolution, may reform a clerical or scrivener's error in a zoning action III. (C) including a declaration of restrictive covenants accepted upon public hearing, without public notice, if: 1. the error is not related to public notice, and 2. the error causes the resolution or declaration as written to inaccurately reflect the clear decision of the board. A reformed zoning action shall relate back to the original zoning action and the effective date of the corrected language shall be deemed to be the same as the effective date of the previous resolution. Modification or Elimination of Conditions and Restrictive Covenants Associated with Voluntarily Abandoned Zoning Actions. The Director shall approve an application to modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof (except where the covenant requires a public hearing), where it is demonstrated by the following that the condition, restrictive covenant or part thereof was imposed to mitigate the adverse impacts of a zoning action which has been entirely and voluntarily abandoned, in that: (A) (B) the applicant has provided a sworn affidavit stating that the applicant has sufficient title and authority to abandon the development rights under the zoning action for the property for which the modification or elimination is sought, that the applicant intends to abandon the zoning action and all rights thereunder, and that no material changes to the character or use of the land have ever been undertaken pursuant to the zoning action; the development rights granted by the zoning action have been voluntarily abandoned in writing in a form approved by the Director;

309 ZONING IV. (C) (D) the zoning action which imposed or accepted the condition or restrictive covenant was not a district boundary change; and abandonment of the zoning action will not cause the subject property to fail to comply with any applicable provision of this code or the Comprehensive Development Master Plan. Modification or Elimination of Conditions and Restrictive Covenants That Are Satisfied or Moot. The Director shall approve an application to modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof (except where the covenant requires a public hearing), where it is demonstrated by the following that the condition, restrictive covenant or part thereof either is satisfied or is moot: (A) (B) Satisfied conditions, covenants, or restrictions. The requirements imposed by a condition, restrictive covenant or part thereof do not create a continuing obligation, and are fully completed or satisfied; and, in the case of a restrictive covenant, any procedural or approval requirement set forth in the covenant is satisfied. Applications under this paragraph must be accompanied by a sworn affidavit that the conditions of this subsection have been satisfied. Moot conditions, covenants, or restrictions. The condition, restrictive covenant or part thereof is moot in that it can no longer serve the purpose for which it was imposed. A condition, restrictive covenant or part thereof in effect for a period of more than five (5) years shall be determined to be moot upon demonstration of any of the four (4) following: 1. The purpose of the condition, restrictive covenant or part thereof is apparent from the zoning record of the subject property, including record facts pertaining to the character of the subject property and its immediate vicinity, and the impacts that were projected to be generated by the zoning action at the time the condition or covenant was imposed; and either (a) (b) the property subject to the condition or covenant has been developed in a manner or to an extent which does not, and under existing zoning approvals cannot, generate the adverse impacts intended to be prevented or mitigated by the condition or covenant; or since the imposition of the condition or covenant, all abutting parcels and the immediate vicinity have been zoned or developed in a manner or to an extent that the impacts previously anticipated or projected to be prevented or mitigated by the condition or restrictive covenant are not, and cannot be, adverse to the abutting parcels or the immediate vicinity. 2. The purpose of the condition, restrictive covenant or part thereof is not apparent from the zoning record of the subject property, including record facts pertaining to the character of the subject property and its immediate vicinity, and (a) the condition, restrictive covenant or part thereof if imposed under current circumstances, would not and could not mitigate or prevent any describable harm or create any describable benefit to the public or to owners or residents of

310 MIAMI-DADE COUNTY CODE (b) property in the immediate vicinity to a degree that is greater than de minimus; and the condition or restrictive covenant does not include a date of expiration. 3. The condition or restrictive covenant for which modification or elimination is sought involves the timing or phasing of development, and (a) the development which is the subject of the condition or restrictive covenant is completed; and (b) no enforcement action regarding the condition or restrictive covenant has been initiated. 4. The condition or restrictive covenant for which modification or elimination is sought involves only the timeliness of filing or recording of a document, and (a) the failure to file or record the document was due to circumstances beyond the control of the applicant, or to excusable neglect; and (b) no one is prejudiced by the modification or elimination of the condition or restrictive covenant regarding the timing of the filing or recording; and (c) the document has been recorded or filed subsequent to the deadline set by the original approval, and accepted by the County. V. Modification or Elimination of Conditions and Restrictive Covenants When No New Adverse Impacts Will Result. The Director shall approve an application to modify an approved site plan, or modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof (except where the covenant requires a public hearing), where it is demonstrated by the following that the modification or elimination will not result in a material new adverse impact on the public health, safety, welfare, or aesthetic values: (A) (B) (C) The proposed modification or elimination does not contravene or eliminate an express prohibition or timing or phasing requirement contained in the prior zoning action; The request does not include a modification or elimination of conditions or restrictive covenants imposed simultaneously with a district boundary change; The modification or elimination of the condition, restrictive covenant, or part thereof will not create new adverse impacts. The application will be deemed not to create new adverse impacts upon demonstration of the following: 1. the modification or elimination will result in an increase of not more than 10% in trips generated above that generated by the approved development, except that trips generated in excess of 10% shall be permitted where completely mitigated by increased capacity constructed since the current development was approved. Trip generation shall be calculated based on the most current methodology applied by the County. 2. the modification or elimination will result in an increase in projected demand for local parks of no more than 10% or 1 /5 acre, whichever is greater, except that demand in excess of 10% or 1 /5 acre shall be permitted if there is sufficient capacity of local parks to accommodate the increase in demand created by the modification;

311 ZONING the modification or elimination will result in an increase in demand placed on public stormwater drainage systems of not more than 10%; 4. the modification or elimination will result in a projected increase in the number of schoolage children residing on the subject property of not more than ten percent (10%), or not more than three (3) school-age children, whichever is greater; 5. the modification or elimination will not result in any increase in potable water, sanitary sewer, or solid waste disposal demand for which adequate capacity is not available, or any change in existing or planned facilities will not affect the level of service of potable water, sanitary sewer, or solid waste disposal; 6. the modification or elimination will not result in any material increase in the risk of potential for discharge or spillage of pollutants, or generation of carbon monoxide at unsafe levels; 7. the modification or elimination will not result in any material increase in the potential for damage to jurisdictional wetlands; 8. the modification or elimination will not result in a reduction in the area under tree canopy of greater than 10%; 9. the modification or elimination will not result in any material increase in the risk of smoke, fire, odors, gases, excessive noise or vibration; 10. the modification or elimination will result in an increase in building cubic content on the subject property of no more than 10%, or no more than 10% of the median building cubic content on similarly zoned parcels in the immediate vicinity, whichever is larger; 11. the modification or elimination will not result in a decrease in the features or landscaping that buffer the existing use from properties in the immediate vicinity; 12. the modification or elimination will not result in any material decrease in the privacy enjoyed by adjoining properties; 13. the modification or elimination will not result in any material diminution of an existing view or vista to any landmark, natural area, or waterbody from any window or door in any residential unit on an adjoining parcel of land; 14. the modification or elimination will not result in any material increase in the potential for vehicular-pedestrian conflicts; 15. the modification or elimination will not result in any material and obvious departure from the aesthetic character of the immediate vicinity, taking into account the architectural design, scale, height, mass and building materials of existing structures, pattern of development and open space; 16. the modification or elimination will not result in any material increase in the area of shadow, or of light from outdoor lighting, cast onto adjacent parcels; 17. the modification or elimination will not result in any material change in the manner or hours of operation on the subject property so differing from the similar existing or approved uses in the immediate vicinity that the

312 MIAMI-DADE COUNTY CODE (D) convenient, safe, peaceful or intended uses of such uses is interrupted or materially diminished; 18. the modification or elimination will not result in any material change in the density or intensity of use of the subject property so differing from the density or intensity of other existing or approved uses in the immediate vicinity that the subject property would represent an obvious departure from the established development pattern of the immediate vicinity; 19. the modification or elimination will not result in any material change in the type of use of the subject property so differing from the existing or approved uses in the immediate vicinity that the subject property would represent an obvious departure from the established pattern of use in the immediate vicinity; 20. the modification or elimination will not result in a use of land that will have a significant adverse impact upon the value of properties in the immediate vicinity; and 21. the modification or elimination will not result in a material increase in height or volume of open lot uses or facilities, or a material increase in intensity of allowed open lot uses, including, but not limited to, outdoor storage of products, materials or equipment, fleamarkets, carnivals, telecommunications facilities, concrete and asphalt batching plants, landfills and private playgrounds and recreational facilities. The subject property complies with all other applicable requirements of prior zoning actions and this code. VI. Modification of Conditions and Restrictive Covenants to Extend Timing or Phasing Deadlines. The Director shall approve an application to modify a condition or part thereof, or a restrictive covenant or part thereof (except where the covenant requires a public hearing) that is related solely to the timing or phasing of development, where the applicant demonstrates satisfaction of one of the following two requirements: (A) The applicant has been reasonably diligent in fulfilling the requirements of the condition or restrictive covenant, but is unable to perform within the time set forth in the condition or restrictive covenant, and 1. No enforcement actions are pending with regard to the timing or phasing condition or covenant; and 2. The condition or restrictive covenant was not imposed to enforce compliance with an obligation that was imposed or accepted prior to the zoning action in which the condition or restrictive covenant sought to be modified was imposed or accepted; and 3. The extension of time or modification of phasing is: a. no greater than fifty (50%) of the time frame set forth in the condition or restrictive covenant or six (6) months, whichever is less; or b. no greater than ten percent (10%) of the number of residential units (if the time frame or phasing schedule is set forth in terms of completion of residential units) or twentyfive (25) residential units, whichever is less; or

313 ZONING (B) Development pursuant to the zoning action has not proceeded because of a pending appeal or pending litigation regarding the zoning action, and the application secks only an extension of time or modification of phasing for the length of time that development has not proceeded due to such appeal or litigation. B. Procedures for Administrative Determinations. (1) Applications. An application for administrative determination of substantial compliance with a prior administrative approval or zoning action, for reformation to correct a clerical or scrivener's error, for modification or elimination of conditions and restrictive covenants associated with voluntarily abandoned zoning actions or administrative approvals, or for modification or elimination of conditions or restrictive covenants which are satisfied or moot, or for modification or elimination of conditions or restrictive covenants where no new adverse impacts will result, or for modifications of conditions or restrictive covenants to extend timing or phasing deadlines, or for parts of any of the foregoing, shall be submitted to the Department on a form required by the Director. If the application involves a restrictive covenant, the application shall demonstrate that any procedural or other consent or approval requirements to modify or eliminate the restrictive covenant have been satisfied. (2) Notice. Within fifteen (15) days after the determination, notice of the Director's decision shall be published in a newspaper of general circulation; except that substantial compliance determinations shall be published in the newspaper of largest circulation in Miami-Dade County or a section or supplement in the newspaper of largest circulation in Miami-Dade County distributed only in the locality where the property subject to the application lies. Additionally, for applications for administrative modification or elimination of conditions and restrictive covenants associated with voluntarily abandoned zoning actions or administrative approvals, or conditions or restrictive covenants which are satisfied or moot, or for modification or elimination of conditions or restrictive covenants where no new adverse impacts will result, or for modifications of conditions or restrictive covenants to extend timing or phasing deadlines, mailed written notice shall be provided to all property owners of record, as reflected on the Miami- Dade County Property Appraiser's tax roll as updated, within the same radius of the property as required to be noticed for the zoning action adopting or accepting the condition or restrictive covenant, or such greater distance as the Director may prescribe. (3) Appeals. Any aggrieved person may appeal the Director's decision pursuant to Section within thirty (30) days after the date of newspaper publication. For purposes of this section, an applicant for a substantial compliance determination shall not be considered an aggrieved person. If no timely appeal is taken, the decision shall become final, and the necessary changes shall be made upon the zoning maps and records. Any modifications or releases of recorded restrictive covenants, or parts thereof, shall be promptly recorded in the public records of Miami-Dade County, Florida. (Ord. No , 3, ; Ord. No , 7, ) Sec Application for administrative approval on existing mobile home park site. Within thirty (30) days of the filing of an application for an administrative approval pursuant to Section by the director for the full or partial redevelopment of an existing mobile home park, the Director shall, at the cost to applicant, provide notice in a newspaper of general circulation, and shall post notice in at least 4 locations on mobile home park property

314 MIAMI-DADE COUNTY CODE If the mobile home park is listed by the applicant as vacant, the applicant shall provide documentation demonstrating the expiration date of the last leasehold in the park and a copy of the closure notice to park residents. The department shall provide closure information to the appropriate state agency. Notice of the Director's decision shall be published within fifteen (15) days after the determination, at the cost to applicant, in a newspaper of general circulation and posted in at least four locations on the park property. Any aggrieved person may appeal the Director's decision pursuant to Section within thirty (30) days after the date of newspaper publication. If no timely appeal is taken, the decision shall become final, and the necessary changes shall be made upon the zoning maps and records. (Ord. No , 9, ) Sec Community Zoning Appeals Board Authority and duties. (A) Except as otherwise provided by this chapter, the Community Zoning Appeals Boards and Board of County Commissioners shall have the authority and duty to consider and act upon applications, as hereinafter set forth, after first considering the written recommendations thereon of the Director or Developmental Impact Committee. Provided, however, no such action shall be taken until notice of time and place of the hearing at which the Community Zoning Appeals Boards will consider the application has been first published as provided in Section The Community Zoning Appeals Boards are advised that the purpose of zoning and regulations is to provide a comprehensive plan and design to lessen the congestion in the highways; to secure safety from fire, panic and other dangers, to promote health, safety, morals, convenience and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, with the view of giving reasonable consideration among other things to the character of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and property and encouraging the most appropriate use of land and water throughout the County. The Community Zoning Appeals Board and Board of County Commissioners or any of their members may inspect the premises and area under consideration. The Community Zoning Appeals Boards shall have authority over the following zoning applications except where the Board of County Commissioners has direct jurisdiction. (1) Minimum square footage requirements. Hear and grant or deny applications to increase or decrease the minimum square footage requirements for building in a particular area, provided, it finds that the increase or decrease would be comparable with that required for the area or surrounding area or that established by improvements in the area or surrounding area. (2) Appeal of administrative variances, administrative adjustments; and appeals of administrative determination regarding existing mobile home parks issued pursuant to Section , administrative site plan review substantial compliance determinations, and administrative correction of clerical or scrivener's errors. (a) (b) Upon application for, hear and decide appeals where it is alleged there is an error in the granting or denial of an administrative variance, administrative adjustment, administrative determination regarding mobile home park property redevelopment action pursuant to Section , administrative site plan review, determination of substantial compliance, or administrative correction of a clerical or scrivener's error, pursuant to the provisions of this Code. Such administrative decisions shall not include appeals filed pursuant to Sections through Pursuant to the provisions of Section any aggrieved property owner in the area may appeal the decision of the Director to the appropriate

315 ZONING Community Zoning Appeals Board within fifteen (15) days after the Director's decision is published in a newspaper of general circulation. An aggrieved applicant must file a new application with the appropriate Miami-Dade County Community Zoning Appeals Board pursuant to the provisions of this chapter and must comply fully with the requirements of Section "Variances from Other Than Airport Regulations". (3) Special exceptions (for all applications other than public charter schools), unusual and new uses. Hear application for and grant or deny special exceptions, except applications for public charter schools; that is, those exceptions permitted by the regulations only upon approval after public hearing, new uses and unusual uses which by the regulations are only permitted upon approval after public hearing; provided the applied for exception or use, including exception for site or plot plan approval, in the opinion of the Community Zoning Appeals Board, would not have an unfavorable effect on the economy of Miami- Dade County, Florida, would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public roads, streets or highways, tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for exception or use in relation to the present and future development of the area concerned and the compatibility of the applied for exception or use with such area and its development. (a) Hear application for and grant or deny unusual uses for Wireless Supported Service Facilities, which by the regulations are only permitted upon approval after public hearing; provided the applied for use, in the opinion of the Community Zoning Appeals Board, would not have an unfavorable effect on the economy of Miami-Dade County, Florida, would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public roads, streets or highways, tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for use in relation to the present and future development of the area concerned and the compatibility of the applied for use with such area and its development, provided that: i. The applicant shall demonstrate that the proposed Wireless Supported Service Facility will cure: a. signal interference problems; or b. the applicant's lack of wireless service coverage or capacity in the area intended to be served by the proposed Wireless Supported Service Facility ii. The applicant shall provide information to permit independent verification of factual data relied upon by the applicant to establish 3(a)(i) above, including, but not limited to the following: a. the purpose for the proposed Wireless Supported Service Facility; and

316 MIAMI-DADE COUNTY CODE b. the following technical data for the proposed Wireless Supported Service Facility and for each existing, authorized, pending and proposed adjacent facility: i. site name or other reference; ii. iii. iv. facility latitude and longitude; site elevation; for each antenna at each of the included facilities: 1. height of antenna radiation center; 2. antenna type and manufacturer; 3. maximum effective radiated output power, including the maximum total power radiated from all channels; 4. azimuth of main antenna lobe; and 5. beam tilt and null-fill of each antenna. c. a complete up- and downlink power budget for the proposed Wireless Supported Service Facility, including any differences that may exist with the power budgets of the adjacent facilities, to ensure that all of the gain and loss factors used by the applicant are included in a verification analysis. iii. d. complete descriptions of methodology, formulas, data presented in appropriate parameter data units (e.g., Erlangs, Watts, dbm, ft.), existing traffic studies and trend analyses if the proposed facility is intended to cure a lack of capacity, and any other information necessary for an independent engineer to verify statements concerning signal interference or lack of capacity or coverage; and e. identification of any equipment that differs from industry standards. that the applicant shall reimburse the department for fees charged to the department for independent verification of factual data relied upon by the applicant, as required pursuant to paragraph 3 a ii above. (4) (a) Use variances from other than airport regulations. Upon appeal or direct application in specific cases to hear and grant applications for use variances from the terms of the zoning regulations as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions thereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the use variance will be in harmony with the general purpose and intent of the regulation, and that the same is the minimum use variance that will permit the reasonable use of the premises; and further provided, no variance from any airport zoning regulation shall be granted under this subsection; provided, however, no use variance shall be granted

317 ZONING (b) (c) permitting a BU or IU use in any residential, AU or GU District, unless the premises immediately abuts a BU or IU District. A "use variance" is a variance which permits a use of land other than which is prescribed by the zoning regulations and shall include a change in permitted density. Non-use variances from other than airport regulations. Upon appeal or direct application in specific cases to hear and grant applications for nonuse variances from the terms of the zoning and subdivision regulations, the Board (following a public hearing) may grant a non-use variance upon a showing by the applicant that the non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. For the purpose of this subsection, the term "non-use variances" involves matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question. Alternative non-use variance standard. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances from the terms of the zoning and subdivision regulations, upon a showing by the applicant that the variance will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions thereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the non-use variance will be in harmony with the general purpose and intent of the regulation, and that the same is the minimum non-use variance that will permit the reasonable use of the premises; and further provided, no non-use variance from any airport zoning regulation shall be granted under this subsection. (5) Variances from airport zoning regulations. Hear applications for and grant or deny variances from any airport zoning regulations, but in considering, granting or denying any such variance the Community Zoning Appeals Boards shall be governed and shall abide by the guides and standards, general purpose and intent of the particular airport zoning regulation concerned. No such application shall be heard until the recommendation of the Director of the Aviation Department is first obtained, which recommendation shall be considered, together with that of the Director's. The granting of a variance under this subsection does not authorize or permit violation of other zoning regulations or the zoning regulations of any municipality concerned unless authorized by the appropriate County or municipal board, body or commission concerned, as the case may be. (6) Variances from subdivision regulations. Hear applications for and grant or deny variances from subdivision regulations (Chapter 28 of the Code of Miami-Dade County) in accordance with and pursuant to the authority and standards set forth in Section of the code. (7) Hear applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution, and to modify or eliminate any provisions of restrictive cov

318 MIAMI-DADE COUNTY CODE enants, or parts thereof, accepted at public hearing, except as otherwise provided in Section (C)(3); provided, that the appropriate board finds after public hearing (a) that the modification or elimination, in the opinion of the Community Zoning Appeals Board, would not generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or would not tend to provoke a nuisance, or would not be incompatible with the area concerned, when considering the necessity and reasonableness of the modification or elimination in relation to the present and future development of the area concerned, or (b) (i) that the resolution that contains the condition approved a school use that was permitted only as a special exception, (ii) that subsequent law permits that use as of right without the requirement of approval after public hearing, and (iii) that the requested modification or elimination would not result in development exceeding the standards provided for schools authorized as a matter of right without the requirement of approval after public hearing. It is further provided, however, that no zoning application to delete or modify, in a manner inconsistent with Section (A)(I)(B)(7), a common open space or common use amenity within a residential site plan that was previously approved upon public hearing shall be approved except upon a two-thirds vote of the members present at the hearing at which the application is decided; this provision shall not apply to an application to modify or delete a condition or restrictive covenant, or parts thereof, within an urban center district or urban area district. (8) Hear and grant or deny applications for district boundary changes on individual pieces of property or on a neighborhood or area-wide basis except where the Board of County Commissioners has direct jurisdiction. (9) Hear and make recommendations to the Board of County Commissioners on applications for developments of regional impact and related requests, including requests for modifications thereof and substantial deviation determinations pursuant to F.S (19), as amended, as provided by Section except an application for modification or elimination of a condition or restrictive covenant that is not a substantial deviation, or an application to extend a commencement date, buildout date, expiration date, phasing deadline, or applicable mitigation requirements for the maximum period of time declared by state law regardless of any previous extension not to constitute a substantial deviation from development orders for currently valid developments of regional impact development orders, and related applications for zoning actions to accomplish only the requested extension, where such application does not contain a request for any other action under this chapter requiring a public hearing apart from modifying the DRI development order; it is provided, however, that, pursuant to F.S (19)(c)(2), the foregoing exception from CZAB review shall not apply to development orders for which, before December 1, 2011, the County has notified a developer that has commenced any construction within the phase for which mitigation is required that the County has entered into a contract for construction of a facility with funds to be provided from the development's mitigation funds for that phase as specified in the development order or written agreement with the developer. (10) The Community Zoning Appeals Boards shall review those plans submitted as part of an application for a planned development. The Community Zoning Appeals Board shall decide if the proposed development is in accordance with the provisions for a planned development and shall diligently consider the recommendations of the Director and the Zoning Official or the Developmental Impact Committee prior

319 ZONING (e) (C) (D) (E) the size and dimensions of each lot in the proposed alternative development are sufficient to provide all setbacks required by the underlying district regulations; and the proposed alternative development will not result in an obvious departure from the aesthetic character of the surrounding area defined by the closest natural and manmade boundaries lying with the agricultural designation; and Sufficient frontage shall be maintained to permit vehicular access to all resulting lots. A lot coverage ratio for a singlefamily or duplex dwelling shall be approved upon demonstration of the following: (1) total lot coverage shall not be increased by more than twenty (20) percent of the lot coverage permitted by the underlying district regulations provided, however, that the proposed alternative development shall not result in total lot coverage exceeding 50% of the net lot area; and (2) the proposed alternative development will not result in the destruction or removal of mature trees on the lot with a diameter at breast height of greater than ten (10) inches, unless the trees are among those listed in Section 24-60(4)(f) of this code, or the trees are relocated in a manner that preserves the aesthetic and shade qualities of the lot; and (f) (3) the increase in lot coverage will not result in a principal building with an architectural design, scale, mass or building materials that are not aesthetically harmonious with that of other existing or proposed structures in the immediate vicinity; and (4) the proposed alternative development will not result in an obvious departure from the aesthetic character of in the immediate vicinity. An alternative maximum height of walls, hedges or fences for a singlefamily or duplex dwelling shall be approved upon demonstration of the following: (1) no wall, hedge or fence shall exceed eight (8) feet in height; and (2) no wall, hedge or fence located in a front setback required by the underlying district regulations shall exceed six (6) feet in height; and (3) the additional height of a proposed wall, hedge or fence will not obscure in whole or in part an existing view or vista to any landmark, natural area, or waterbody from any window or door in a residential unit on an adjoining parcel of land; and (4) proposed walls or fences shall be: (A) (B) articulated to avoid the appearance of a "blank wall" when viewed from adjoining property; or landscaped with landscaping that is at least three (3) feet in height at time of planting, located along the length of the wall between the wall and the adjoining property, accompanied by specific provision for the maintenance of the landscaping, such 5441

320 MIAMI-DADE COUNTY CODE (g) as but not limited to, an agreement from the landowner regarding its maintenance in recordable form from the adjoining property owner; or (C) where facing a public rightof-way, set back at least two and one-half (2 1 /2) feet from the right-of-way line and extensively landscaped with shrubs of a minimum of three (3) feet in height when measured immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; hedges of a minimum of three (3) feet in height immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; and/or climbing vines of a minimum of thirty-six (36) inches in height immediately after planting; and (5) proposed fences shall be constructed or installed so that the "unfinished" side is directed inward toward the center of the parcel proposed for alternative development; and (6) proposed fences are constructed of durable materials and are decorative; and (7) safe sight distance triangles are maintained pursuant to this code. Notwithstanding the foregoing, no proposed alternative development shall be approved upon demonstration that the proposed alternative development: (1) will result in a significant diminution of the value of property in the immediate vicinity; or (h) (2) will have substantial negative impact on public safety due to unsafe automobile movements, heightened vehicular-pedestrian conflicts, or heightened risk of fire; or (3) will result in a materially greater adverse impact on public services and facilities than the impact that would result from development of the same parcel pursuant to the underlying district regulations; or (4) will combine severable use rights obtained pursuant to Chapter 33B of this code in conjunction with the approval sought hereunder so as to exceed the limitations imposed by Section 33B-45 of this code. Proposed alternative development under this subsection shall provide additional amenities or buffering to mitigate the impacts of the development as approved, where the amenities or buffering expressly required by this subsection are insufficient to mitigate the impacts of the development. The purpose of the amenities or buffering elements shall be to preserve and protect the quality of life of the residents of the approved development and the immediate vicinity in a manner comparable to that ensured by the underlying district regulations. Examples of such amenities include but are not limited to: active or passive recreational facilities, common open space, additional trees or landscaping, convenient covered bus stops or pick-up 5442

321 ZONING fect at the time of development shall exceed six (6) feet in height; and (3) the additional height of a proposed wall, hedge or fence will not obscure in whole or in part an existing view or vista to any landmark, natural area, or waterbody from any window or door in a residential unit on an adjoining parcel of land; and (4) proposed walls or fences shall be: (A) (B) (C) articulated to avoid the appearance of a "blank wall" when viewed from adjoining property, or landscaped with landscaping that is at least three (3) feet in height at time of planting, located along the length of the wall between the wall and the adjoining property, accompanied by specific provision for the maintenance of the landscaping, such as but not limited to, an agreement from the landowner regarding its maintenance in recordable form from the adjoining property owner, or (e) (f) where facing a public rightof-way, set back at least two and one-half (2-1 /2) feet from the right-of-way line and extensively landscaped with shrubs of a minimum of three (3) feet in height when measured immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; hedges of a minimum of three (3) feet in height immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; and/or climbing vines of a minimum of thirty-six (36) inches in height immediately after planting; and (5) proposed fences shall be constructed or installed so that the "unfinished" side is directed inward toward the center of the parcel proposed for alternative development; and (6) proposed fences are constructed of durable materials and are decorative; and (7) safe sight distance triangles are maintained pursuant to this code. Notwithstanding the foregoing, no proposed alternative development shall be approved upon demonstration that the proposed alternative development: (1) will result in a significant diminution of the value of property in the immediate vicinity; or (2) will have substantial negative impact on public safety due to unsafe automobile movements, heightened vehicular-pedestrian conflicts, or heightened risk of fire; or (3) will result in a materially greater adverse impact on public services and facilities than the impact that would result from development of the same parcel pursuant to the underlying district regulations. Proposed alternative development under this subsection shall provide additional amenities or buffering to mitigate the impacts of the development as approved, where the amenities or buffering expressly required

322 MIAMI-DADE COUNTY CODE by this subsection are insufficient to mitigate the impacts of the development. The purpose of the amenities or buffering elements shall be to preserve and protect the quality of life of the residents of the approved development and the immediate vicinity in a manner comparable to that ensured by the underlying district regulations. Examples of such amenities include but are not limited to: active or passive recreational facilities, common open space, additional trees or landscaping, convenient covered bus stops or pick-up areas for transportation services, sidewalks (including improvements, linkages, or additional width), bicycle paths, buffer areas or berms, street furniture, undergrounding of utility lines, and decorative street lighting. In determining which amenities or buffering elements are appropriate for a proposed development, the following shall be considered: (A) (B) the types of needs of the residents of the parcel proposed for development and the immediate vicinity that would likely be occasioned by the development, including, but not limited to, recreational, open space, transportation, aesthetic amenities, and buffering from adverse impacts; and the proportionality between the impacts on residents of the proposed alternative development and the immediate vicinity and the amenities or buffering required. For example, an increase in the lot area coverage for numerous lots may warrant the provision of additional common open space. A reduction in a particular lot's interior side setback may warrant the provision of additional landscaping. (15.1) Alternative Site Development Option for Three-unit or Four-unit Apartment House, Multiple-Family Apartment House Use and Multiple-Family Housing Developments. This subsection provides for the establishment of an alternative site development option, after public hearing, for three-unit or four-unit apartment house use, multiple-family apartment house use and multiple-family housing developments, when such uses are permitted by the applicable district regulations, in the RU-3, RU-3M, RU-4L, RU-4M, RU-4, RU-4A, and RU-5 zoning districts, in accordance with the standards established herein. In considering any application for approval hereunder, the Community Zoning Appeals Board shall consider the same subject to approval of a site plan or such other plans as necessary to demonstrate compliance with the standards herein. (a) Purpose. The purpose of this subsection is to create objective standards to regulate the site-specific development of three-unit or four-unit apartment house use, multiple-family apartment house use and multiplefamily housing development uses in specified zoning districts. The standards provided in this subsection are alternatives to the generalized standards contained in regulations governing the specified zoning districts. The site development standards permit alternative patterns of site development in accordance with the Comprehensive Development Master Plan ("CDMP") where the public interest served by the underlying district regulations and CDMP will be served, and the objectives of the creative urban design, urban infill development and redevelopment, or the preservation and enhancement of property values will be promoted, as demonstrated by the proposed al

323 ZONING (g) (D) (E) (F) (ii) quired by the applicable district regulations; or the average area of the developed lots, parcels or tracts in the immediate vicinity within the same zoning district; and the proposed alternative development will not result in an obvious departure from the aesthetic character of the immediate vicinity; and the parcel proposed for alternative development does not adjoin or lie adjacent to AU or GU zoned lands, nor lands designated for Low Density, Agricultural or Open Land under the Land Use Plan map of the Comprehensive Development Master Plan; and the resultant lot frontage provides vehicular ingress and egress to all resulting lots, parcels or tracts, including on-site access to emergency equipment. A lot coverage or floor area ratio for a three-unit or four-unit apartment house use, multiple-family apartment house use or multiple-family housing development shall be approved upon demonstration of the following: (1) total lot coverage or floor area ratio shall not be increased by more than twenty percent (20%) of the lot coverage and floor area ratio permitted by the applicable district regulations; and (h) (2) the proposed alternative development will not result in the destruction or removal of mature trees on the lot with a diameter at breast height of greater than ten (10) inches, unless the trees are among those listed in Section 24-60(4)(f) of this code, or the trees are relocated in a manner that preserves the aesthetic and shade qualities of the lot; and (3) the increase in lot coverage or floor area ratio will not result in principal building(s) with an architectural design, scale, mass or building materials that are not aesthetically harmonious with that of other existing or proposed structures in the immediate vicinity; and (4) the proposed alternative development will not result in an obvious departure from the aesthetic character of the immediate vicinity. An alternative maximum height of walls, hedges or fences for a threeunit or four-unit apartment house use, multiple-family apartment house use or multiple-family housing development shall be approved upon demonstration of the following: (1) no wall, hedge or fence shall exceed eight (8) feet in height; and (2) no wall, hedge or fence located in a front or side street setback required by the applicable district regulations shall exceed six (6) feet in height; and (3) the additional height of a proposed wall, hedge or fence will not obscure in whole or in part an existing view or vista to any landmark, natural area, natural feature of the site such as a lake or golf course, or waterbody from any window or door in a residential dwelling unit on an adjoining parcel of land; and

324 MIAMI-DADE COUNTY CODE (4) proposed walls or fences shall be: (A) (B) (C) articulated to avoid the appearance of a "blank wall" when viewed from adjoining property, or landscaped with landscaping that is at least three (3) feet in height at time of planting, located along the length of the wall between the wall and the adjoining property, accompanied by specific provision for the maintenance of the landscaping, such as but not limited to, an agreement from the landowner regarding its maintenance in recordable form from the adjoining property owner, or where facing a public rightof-way, set back at least two and one-half (2-1 /2) feet from the right-of-way line and extensively landscaped with shrubs of a minimum of three (3) feet in height when measured immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; hedges of a minimum of three (3) feet in height immediately after planting, which will form a continuous, unbroken, solid, visual screen within one (1) year after time of planting; and/or climbing vines of a minimum of thirty-six (36) inches in height immediately after planting; and (5) proposed fences shall be constructed or installed so that the (i) (j) sides are "finished" in accordance with the applicable regulations; and (6) proposed fences are constructed of durable materials and are decorative; and (7) safe sight distance triangles are maintained pursuant to this code. Notwithstanding the foregoing, no proposed alternative development shall be approved upon demonstration that the proposed alternative development: (1) will result in a significant diminution of the value of property in the immediate vicinity; or (2) will have substantial negative impact on public safety due to unsafe automobile movements, heightened vehicular-pedestrian conflicts, or heightened risk of fire; or (3) will result in a materially greater adverse impact on public services and facilities than the impact that would result from development of the same parcel pursuant to the underlying district regulations; or (4) will combine severable use rights obtained pursuant to Chapter 33B of this Code in conjunction with the approval sought hereunder so as to exceed the limitations imposed by Section 33B-45 of this code. Proposed alternative development under this subsection shall provide additional amenities or buffering to mitigate the impacts of the development as approved, where the amenities or buffering expressly required by this subsection are insufficient to mitigate the impacts of the develop

325 ZONING (h) ing; and/or climbing vines of a minimum of thirty-six (36) inches in height immediately after planting; and (5) proposed fences shall be constructed or installed so that all sides of the fence are "finished" in accordance with the applicable regulations; and (6) proposed fences are constructed of durable materials and are decorative; and (7) safe sight distance triangles are maintained pursuant to this code. An alternative placement of a required perimeter wall setback from the property line(s) of a parcel where said property line adjoins or lies across the street right-of-way from a residential district, shall be approved after public hearing upon demonstration of the following: (1) the setback of the wall is the minimum distance necessary so as not to encroach into an existing utility or landscape easement(s); and (2) that visual screening for the wall by way of landscaping is included in the easement area to prevent graffiti vandalism in a manner provided by this Code; and (3) that a suitable mechanism for maintenance of the landscaped area by the property owner, tenant association or similar association, or special taxing district, be provided in the form of a recordable covenant running with the land. (j) residential district, shall be approved after public hearing upon demonstration of the following: (1) the width of the wall opening is the minimum width necessary for pedestrians to access the parcel from adjoining or adjacent residential development(s); and (2) the wall opening is immediately adjoining or adjacent to a residential lot, parcel or tract which is restricted in use as common open space. An alternative reduction in the number of required parking spaces shall be approved after public hearing upon demonstration of the following: (1) the alternative reduction of the number of required parking spaces does not apply to parking spaces for the disabled, parking spaces for persons transporting small children, nor to bicycle racks or other means of storage; and (2) the total number of required parking spaces is not reduced below five percent (5%) for medical or dental office uses, and ten percent (10%) for other semiprofessional office uses; and (A) the lot, parcel or tract is located within six hundred and sixty (660) feet of an existing transportation corridor such as a Major Roadway identified on the Land Use Plan (LUP) map, within one-quarter ( 1 /4) mile from existing rail transit stations or existing express busway stops; or (i) An alternative opening in a wall otherwise required by this code to be a solid, unbroken barrier when a parcel adjoins or lies adjacent to a (B) the hours of operation of multiple uses within the development vary and do not overlap and a record

326 MIAMI-DADE COUNTY CODE (k) (l) able agreement is provided which restricts the hours of operation. (3) the alternative development involves a mixed-use project in which the number of off-street parking spaces is calculated by applying the Urban Land Institute (ULI) Shared Parking Methodology to the required number of parking spaces. Notwithstanding the foregoing, no proposed alternative development shall be approved upon demonstration that the proposed alternative development: (1) will result in a significant diminution of the value of property in the immediate vicinity; or (2) will have substantial negative impact on public safety due to unsafe automobile movements, heightened vehicular-pedestrian conflicts, or heightened risk of fire; or (3) will result in a materially greater adverse impact on public services and facilities than the impact that would result from development of the same parcel pursuant to the underlying district regulations; or Proposed alternative development under this subsection shall provide additional amenities or buffering to mitigate the impacts of the development as approved, where the amenities or buffering expressly required by this subsection are insufficient to mitigate the impacts of the development. The purpose of the amenities or buffering elements shall be to preserve and protect the economic viability of any enterprises proposed within the approved development and the quality of life of residents and business tenants of the immediate vicinity in a manner comparable to that ensured by the underlying district regulations. Examples of such amenities include but are not limited to: active or passive recreational facilities, landscaped open space over and above that normally required by the code, additional trees or landscaping, the inclusion of residential use(s), convenient pedestrian connection(s) to adjacent residential development(s), convenient covered bus stops or pick-up areas for transportation services, sidewalks (including improvements, linkages, or additional width), bicycle paths, buffer areas or berms, street furniture, undergrounding of utility lines, cohesive wall signage, and decorative street lighting. In determining which amenities or buffering elements are appropriate for a proposed commercial development, the following shall be considered: (A) (B) the types of needs of the residents or business tenants of the immediate vicinity and the needs of the occupants of the parcel proposed for development that would likely be occasioned by the development, including, but not limited to, recreational, open space, transportation, aesthetic amenities, and buffering from adverse impacts; and the proportionality between the impacts on the residents, business tenants or occupants of parcel(s) in the immediate vicinity and the amenities or buffering required. For example, a reduction in lot area for numerous lots may warrant the provision of additional landscape open space

327 ZONING ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, 2, ; Ord. No , 12, ; Ord. No , 11, ; Ord. No , 3, ; Ord. No , 10, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No. R-13-09, 1, ; Ord. No , 8, ) Sec Community Zoning Appeals Board Decisions. All decisions of the Community Zoning Appeals Boards shall be by resolution. The decision, if for denial, shall specify whether it is with or without prejudice. A final finding by the Ethics Commission as provided in Section (z) of a willful violation of Sections or of the Code by any member of a Community Zoning Appeals Board regarding a particular matter shall constitute malfeasance in office and shall render the action regarding that particular matter voidable by the Board of County Commissioners. Notwithstanding any provision to the contrary, a decision of the Board of County Commissioners to void a decision as provided in this section shall be by simple majority vote of the members present. Decisions of the Community Zoning Appeals Boards are final and may be appealed to circuit court pursuant to Section provided however within fourteen (14) days, but not thereafter, decisions of the Community Zoning Appeals Boards as specified in Section , shall be appealed to the Board of County Commissioners, as provided by Section The fourteen-day appeal period provided herein shall commence to run the day after notification that the appropriate Community Zoning Appeals Board has taken action on the particular matter, such notification to be given by the Department by posting a short, concise statement of the action taken on a conspicuous bulletin board that may be seen by the public at reasonable times and hours in the office of the Department. Where the fourteenth (14th) day falls on a weekend or legal holiday the fourteenday period shall be deemed to extend through the next business day. No appeal may be withdrawn after a period of ten (10) days from the date of the decision of a Community Zoning Appeals Board; except at the appeal hearing before the Board of County Commissioners and with the permission of such Board. In no event shall an appellant be entitled to a refund of the appeal fee. It is hereby intended that the Community Zoning Appeals Board's decision concerning a requested regulation amendment shall be considered only as a recommendation, which shall be transmitted, together with the Community Zoning Appeals Board's record on each such application, to the Board of County Commissioners for final action by way of approval, disapproval or modification pursuant to Section hereof. (Ord. No , ; Ord. No , 1, ; Ord. No , 1C, ; Ord. No , 1, ; Ord. No , 5, ; Ord. No , 35, ; Ord. No , 21, ; Ord. No , 1, ) Sec Appeals to Board of County Commissioners. (A) Any appealable decision of the Community Zoning Appeals Board may be appealed by an applicant, governing body of any municipality, if affected, or any aggrieved party, including neighborhood, community and civic associations, whose name appears in the record of the appropriate Community Zoning Appeals Board by filing with the Department a petition in a form prescribed by the Director and a written statement specifying in brief, concise language the grounds and reasons for reversal of the ruling made by the Community Zoning Appeals Board, together with a fee for the processing of the appeal, as provided by Administrative Order No. 4-40, as amended from time to time, within the fourteen (14) days provided by Section hereof. (B) Upon the timely filing of an application for appeal, the Director shall transmit to the County Commission the petition for appeal, any associated documents which may be submitted on appeal, the application and Director's recommendation as presented to the Community Zoning Appeals Board, and the decision and record of the Community Zoning Appeals Board. If the ground for 5447

328 MIAMI-DADE COUNTY CODE reversal is a failure to provide notice as required by Section , the name of the appellant need not appear in the record. (C) If the decision of the Community Zoning Appeals Board has not been appealed within the fourteen-day period, the Director may appeal such decision within four (4) additional days in the manner aforestated, except that a fee will not be required. (D) Upon the taking of an appeal, the County Commission shall conduct a de novo hearing and shall consider why the decision of the Community Zoning Appeals Board should or should not be sustained or modified. By resolution, the Board shall either affirm, modify or reverse the Community Zoning Appeals Board's decision and such action of the County Commission shall be by a majority vote of all members present except that a two-thirds ( 2 /3) vote of all members present shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action or to approve any Development of Regional Impact or modifications thereof, substantial deviation determination or related request pursuant to Section where a Community Zoning Appeals Board's recommendation is for denial. (E) No appeal shall be heard or considered until notice has been provided in accordance with the provisions of Section (c), (d), (e) and (f). (F) With respect to appeals arising from the Downtown Kendall Urban Center District a twothirds ( 2 /3) vote of all members present shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action for a development proposed within the Center or Edge Sub-Districts of the Downtown Kendall Urban Center District. For any application for a development proposed within the Core Sub-District of the Downtown Kendall Urban Center District pursuant to Section shall be decided by a majority vote of all members then in office. (Ord. No , ; Ord. No , 1, ; Ord. No , 1D, ; Ord. No. 64-3, 2, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 6, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 35, ; Ord. No , 3, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 9, ) Sec Deletion or modification of covenants or common open spaces or amenities. For zoning applications heard by the County Commission, no zoning application (i) to delete or amend a declaration of restrictive covenants that was submitted in connection with a prior zoning application that would result in an increase in the density or intensity of a use or (ii) to delete or modify, in a manner inconsistent with Section (A)(I)(B)(7), a common open space or common use amenity within a residential site plan that was previously approved upon public hearing, shall be approved except upon a two-thirds vote of the members present at the hearing at which the application is decided. It is provided, however, that this section shall not apply to an application to delete or amend a declaration of restrictive covenants or a condition in a resolution, or parts thereof, for a property within an urban center district or urban area district. (Ord. No , 1, ; Ord. No , 3, ) Sec Direct applications and appeals to the County Commission. (A) The County Commission shall have jurisdiction to directly hear the following applications: (1) Applications for development approval of Developments of Regional Impact ("DRI"), modification thereof or substantial deviation determination or modification thereof, including applications for modifications to restrictive covenants related thereto, after hearing and recommendation by the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the entire Development of Regional Impact. Where an application 5448

329 ZONING substantial deviation determination or for development approval of a DRI, modification thereof or substantial deviation determination also contains a request for any other action under this chapter requiring a public hearing or where there is pending on any property an application of or development approval for a DRI and an application for any other action under this chapter requiring a public hearing (related requests), except applications for essentially built out determinations, all such applications shall be heard in their entirety by the Board of County Commissioners after hearing and recommendation of the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the application or applications. Where an application requests a modification or elimination of a condition or restrictive covenant not constituting a substantial deviation, and where such application does not contain a request for any other action under this chapter requiring a public hearing apart from modifying the DRI development order, then such application shall be heard directly by the Board of County Commissioners after recommendation of the Developmental Impact Committee. Where practicable, all such items shall be acted upon at the same public hearing. Hearings pursuant to this subsection shall be noticed in the same manner as applications filed before the Community Zoning Appeals Boards. The procedural requirements of Section (F) and (G) shall apply to hearings held pursuant to this section. (2) Any application encompassing property located in more than one Community Zoning Appeals Board as set forth in Section (3) When as a result of municipal incorporation or annexation, a Community Zoning Appeals Board (CZAB) does not have enough members in office to hear and decide zoning applications, the Board of County Commissioners shall hear and decide all zoning applications in the remaining jurisdiction of the CZAB. Zoning actions advertised for hearing before the Board of County Commissioners shall be heard and decided by the board, and neither the subsequent appointment or election of additional CZAB members, nor the reconfiguration of the affected CZAB, shall divest the board of jurisdiction to hear such advertised applications. If prior to the mailing of the final notice of hearing pursuant to Section , new members of the affected CZAB have been appointed or elected, or the affected CZAB has been reconfigured, such that the CZAB has enough members to act, applications within the CZAB's jurisdiction shall be heard and decided by that CZAB upon notice pursuant to Section (4) Any application encompassing property located within a municipality when jurisdiction is vested in Miami-Dade County pursuant to applicable zoning regulations or municipal charter or interlocal agreement. (B) The County Commission shall have jurisdiction to hear appeals from decisions of the Community Zoning Appeals Boards as follows: (1) Applications for district boundary changes on individual pieces of property or on a neighborhood or area-wide basis. (2) Applications for district boundary changes which also contain requests for unusual use, new use, variance or special exception which is incidental or related thereto, or where there is pending on the same property or portion thereof more than one (1) application for district boundary change, variance, special exception, unusual or new use. When possible an appeal containing such requests shall be acted upon at the same public hearing. (3) All zoning applications by State and municipal entities and agencies. (4) Applications for unusual uses or amendments or modifications thereto described in Section 33-13(e) when said unusual

330 MIAMI-DADE COUNTY CODE uses, amendments or modifications in connection with a class I or class IV permit application, as defined in Section (5) Any appeal filed by the Director from any action of the Community Zoning Appeals Boards. (6) Notwithstanding any provision contained in any section of this Code, the Board of County Commissioners shall have appellate jurisdiction whenever it is contended that a decision of a Community Zoning Appeals Board constitutes a taking or deprivation of vested rights and administrative remedies of Section have been exhausted. (7) Applications for appeals of administrative decisions pursuant to Section (A)(2). (8) Applications for development approval or modifications thereof for projects located within the Downtown Kendall Urban Center District. (9) Applications for development approval or modifications thereof for projects located within the Center or Edge sub-districts of the Naranja Community Urban Center District and all other Urban Center zoning districts. (10) Administrative determinations concerning mobile home parks pursuant to Section (2)(a) of this Code. (C) The County Commission shall have jurisdiction to directly hear other applications as follows: (1) Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Impact Committee Executive Council or its Chairman in the discharge of its duties as defined in Sections , , , and Chapters 28, (D)(3), 33E, [Section] 33G-6, 33H, 33I and 33J and 33K of the Code. The Board of County Commissioners shall also hear and decide appeals or other matters as provided by Sections , , and of the Code. (2) Applications for developmental resolutions for which the applicant or the executive council of the DIC has invoked the administrative remedy set forth in Section , Code of Miami-Dade County, Florida and to which the procedure of Section (E)(1) applies. (3) Applications to modify or eliminate any provision of restrictive covenants, or part thereof, accepted at public hearing, where the covenant provides that only the Board of County Commissioners may modify or eliminate the provisions of such covenant. (4) Applications for non-use variance from the requirements of Section 33-35(c) of this code as to any structure subject to the provision of Article XXXIII(I) that is existing at the effective date of this ordinance or approved as described in Section (5) Applications for variances from the provisions of this chapter to permit development described in ground leases with the County in existence as of the effective date of this ordinance. Any variance granted pursuant to this provision shall satisfy the general intent of this chapter. (6) Applications for appeals of administrative decisions. Upon application for, hear and decide appeals where it is alleged there is an error in the any order, requirement, decision or determination made by an administrative official in the interpretation of any portion of the regulations, or of any final decision adopted by resolution, except appeals of administrative site plan review, or appeals of administrative variances pursuant to the provisions of Section of the code, said appeals first being under the jurisdiction of the Community Zoning Appeals Board. It is provided, however, that where zoning requests which would ordinarily be heard before the Community Zoning Appeals Board are joined with a request for an appeal of an administrative decision, the zoning requests shall remain pending before the Community Zoning Appeals Board

331 ZONING until the appeal of the administrative decision has been determined by the Board of County Commissioners. (7) Applications to modify or delete declarations of restrictive covenants recorded prior to December 16, 1999, encumbering property wholly located within the Downtown Kendall Urban Center District, as defined in Section of this code. (8) Any application seeking a variance from adult entertainment establishment spacing requirements imposed by State Statute, as specified in Section (9) Applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution regulating any parcel of land located within the Downtown Kendall Urban Center District, or other Urban Center zoning district, where and to the extent that modification or elimination of the condition or part thereof is necessary to allow development conforming in all respects to the Downtown Kendall Urban Center District or other Urban Center zoning district regulations. (10) Upon application for, hear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(9)(d) of the Code of Miami-Dade County. (11) Hear application for and, upon recommendation of the Developmental Impact Committee, grant or deny those special exceptions for public charter school facilities permitted by the regulations only upon approval after public hearing, provided the applied for special exception, in the opinion of the Board of County Commissioners, is found to be in compliance with the standards contained in Article XI and Section (A)(3) of this code. (11.1) Notwithstanding the provisions of Section 33-13(e) of this code, applications for unusual uses for lake excavations to expand bona fide rockmining operations, as defined in Section (3) of the code, onto property contiguous and immediately adjacent to existing bona fide rockmining operations; associated Class I and Class IV permit applications as defined in Section ; and all applications for uses ancillary to bona fide rockmining pursuant to Section (c) of this article. (11.2) Hear application for and, upon recommendation of the Airport Developmental Impact Committee Executive Council, grant or deny applications for those special exceptions and variances pursuant to Article XXXVII of this code (Miami International Airport (Wilcox Field) Zoning). (12) Applications for public charter school facilities and expansions or modifications to existing public charter school facilities. (13) Applications for development approval or modifications thereof for projects located within the Core sub-district of the Naranja Community Urban Center District and all other Urban Center zoning districts after hearing and recommendation by the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the project. (14) Applications to modify or delete declarations of restrictive covenants recorded prior to July 27, 2005 (the effective date of this ordinance), encumbering property wholly located within any Urban Center zoning district, as defined in this code, where and to the extent that modification or elimination of the declaration of restrictive covenant or part thereof is necessary to allow development conforming in all respects to the applicable Urban Center District regulations. (15) Applications for zoning action on the property that is subject to a deed restriction or a restrictive covenant placed on the property in connection with its conveyance by the County, or in connection with a subsequent modification or release by the County of such restriction or covenant

332 MIAMI-DADE COUNTY CODE (16) Except where permitted in the IU-3 District, applications for unusual use pertaining to electric power plants and ancillary uses. (17) Hear application for and grant or deny Director's applications for single-family and duplex lots owned by Miami-Dade County which have been designated for development under "The Infill Housing Initiative" pursuant to Article VII, Chapter 17 of this Code. (D) The Board, after hearing why the application should or should not be granted, shall consider the matter in accordance with the criteria specified in this chapter, and shall by resolution either grant or deny the application. In granting any variances, special exceptions, new uses or unusual uses, the Board of County Commissioners may prescribe any reasonable conditions, restrictions and limitations it deems necessary or desirable in order to maintain the plan of the area and compatibility therewith. Such action of the Board of County Commissioners shall be final provided, no such action shall be taken until notice of time and place of the meeting at which the Board of County Commissioners will consider and take final action on the application has been first published as provided in Section hereof. Anything in this article to the contrary notwithstanding, when an application for a district boundary change or special exception, new use, unusual use or variance is filed by the Director it will only be decided by the County Commission after receiving the recommendation of the Director and after the required noticed public hearing, and such decision shall then be final. Notwithstanding anything in this article or the Code of Miami-Dade County to the contrary, the Board of County Commissioners may reconsider its action upon a zoning application only in accordance with Section (k) of this code or only at the same meeting at which the action was taken and solely for the purpose of avoiding a manifest injustice. Except as otherwise specified hereby, if a motion to reconsider is adopted, no further affirmative action shall be taken until notice of such reconsideration and time and place of final action is provided in accordance with Section hereof; provided, however, that such affirmative action may be taken before the next item on the zoning agenda is called for consideration or before a recess or adjournment is called, whichever occurs first. (E) If an application is before the Board of County Commissioners pursuant to this article, be it by way of appeal, recommendation or otherwise, it shall have authority to consider and take final action upon any and all matters and requests contained in the application, any other provisions in this article notwithstanding. In making any final decisions, the Commission shall be guided by the standards and guides applicable to the Community Zoning Appeals Boards or as otherwise specified in this chapter. It shall consider all relevant and material evidence offered to show the impact of the development upon Miami- Dade County. The procedural requirements of Section (F) and (G) shall apply to hearings held pursuant to this section. (F) Reserved. (G) The following additional procedures shall apply to zoning hearings before the County Commission: (1) Deferrals. The County Commission may defer action on any matter before it in order to inspect the site in question, to remand to the Community Zoning Appeals Boards, or for any other justifiable and reasonable reason. Whenever a deferral is approved at the request of the applicant, the applicant shall be required to pay a deferral fee in the amount of round-trip public transit fare for each person present at the hearing in opposition to the application, or two hundred fifty dollars ($250.00), whichever is greater. The Clerk of the Board shall prepare and have available at the hearing appropriate voucher forms, in duplicate, to be filed under oath by persons present to oppose the application in question. Each objector presenting a completed voucher to the Clerk shall be given two (2) transit tokens. At the end of the meetings at which the deferral was requested, the Clerk shall, for each deferral, total the number of vouchers issued, determine the value of

333 ZONING transit fares represented by the tokens, and submit the deferral fee to the applicant, or his attorney. The applicant requesting the deferral shall pay the deferral fee to the Department, which shall then pay an amount equal to the value of the transit fares to the transit agency. Except for that portion of the deferral fee paid to the transit agency, all monies collected by the Department as deferral fees shall be deposited into a separate account and shall be expended only for purposes of administering and enforcing the provisions hereof. In the event that the applicant does not pay the deferral fee prior to the date of the scheduled deferred hearing, the application shall be deemed to have been voluntarily withdrawn without prejudice, the applicant shall be deemed to be in violation of this provision, and enforcement may be effectuated through all available means including, but not limited to, Chapter 8CC of the Code of Miami-Dade County, Florida. Notwithstanding the foregoing, the County Commission shall, at the time of approving a deferral, have the discretion to waive the provisions of this section upon a showing of good cause for the deferral. (2) Record. When any final action has been taken by the Board of County Commissioners, its record, together with a certified copy of its minutes and resolutions pertaining to such action shall be transmitted to the Department for filing, and the same shall be open to the public for inspection at reasonable times and hours. (3) Voting Requirements. Save and except as otherwise provided by ordinance, all actions taken by the Board of County Commissioners under this article shall be by a majority vote of all members present. When there is an insufficient number of votes to either affirm or reverse a Community Zoning Appeals Boards' resolution or on a direct application there is an insufficient number of votes to either approve or deny an application, the result shall be deemed a tie vote. Whenever a tie vote occurs, and no other available motion on the application is made and approved before the next application is called for consideration or before a recess or adjournment is called, whichever occurs first, the matter shall be carried over to the next regularly scheduled meeting. (H) The procedures set forth in Section (D) and (E) shall be applicable to hearings held pursuant to this section. (I) The chair, or vice-chair or acting chair, may administer oaths and compel the attendance of witnesses in the same manner prescribed in the circuit court. (Ord. No , ; Ord. No , 1, ; Ord. No , 1E, ; Ord. No , 1, ; Ord. No , 7, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 16, ; Ord. No , 1, ; Ord. No. 87-6, 1, ; Ord. No , 2, ; Ord. No , 6, ; Ord. No , 3, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 35, ; Ord. No. 97-9, 2, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No. 98-2, 2, ; Ord. No , 21, ; Ord. No , 3, ; Ord. No. 99-3, 1, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 6, ; Ord. No , 7, ; Ord. No , 2, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 3, ; Ord. No , 16, ; Ord. No , 13, ; Ord. No , 12, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No

334 MIAMI-DADE COUNTY CODE 09-81, 6, ; Ord. No , 1, ; Ord. No , 11, ; Ord. No , 3, ; Ord. No , 10, ) Editor s note Section 1 of Ordinance No. 97-9, adopted February 4, 1997, which amended previous provision (c), shall apply to zoning applications filed with the Department of Planning, Development and Regulation prior to February 4, Section 2 of this ordinance shall apply to zoning applications filed with the Department of Planning, Development and Regulation on or after February 4, Sec Regulation amendment request. (A) Request for regulation amendments may be filed with the Director who shall assign the request on a blind filing basis to a Community Zoning Appeals Board. (B) Notice of the Board's action on a request for regulation amendment shall be limited to the advertisement provision of Section (C)(1) except the property's location and legal description need not be included. (C) The Community Zoning Appeals Board's action on a regulation amendment shall take the form of a recommendation which shall be transmitted to the Board of County Commissioners. (D) Recommendations of the Community Zoning Appeals Board for or against regulation amendments when received by the Board of County Commissioners shall be considered and if it is determined to amend the regulations in any manner, such amendment shall be enacted by ordinance as provided by law. (Ord. No , 36, ) Editor s note Ordinance No , 36, adopted September 4, 1996, repealed and replaced such section with a new Formerly, such section pertained to action by Board of County Commissioners and derived from Ord. No , ; Ord. No , 1, ; Ord. No. 64-3, 3, ; Ord. No , 2, ; Ord. No , 8, ; Ord. No , 7, ; Ord. No , 1, ; Ord. No , 7, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, Sec Reserved. Editor s note Ord. No , 6, adopted April 22, 2003, repealed section in its entirety. Former section pertained to reformation of resolutions to correct technical errors, and derived from Ord. No , 1, adopted July 28, 1994; Ord. No , 37, adopted Sept. 4, Sec Amendment or deletion of covenant proviso of resolution. An application for public hearing may be filed to amend or delete, in whole or in part, that portion of a resolution which accepts or requires a restrictive covenant by condition or otherwise, hereinafter the covenant proviso, where the covenant has not been recorded in the Public Records of Miami-Dade County. An application to amend or delete a covenant proviso may seek effectively the same relief that could have been sought by modification or release of the restrictive covenant had such covenant been timely recorded. Notice shall be provided pursuant to Section herein, except that the required mailed notices shall comply with the 1 /2 mile radius provision. Original jurisdiction over applications under this section shall be with the board that issued the resolution containing the covenant proviso. The appellate process shall be the same as for the appeal of an application seeking the approvals contained in the prior resolution. No application under this section shall be filed and accepted unless (a) the applicant states under oath that the covenant in question has not been recorded as evidenced by a title search or attorney's opinion of title current to within 30 days of filing this application, and (b) states under oath why it is not reasonably practicable for said covenant to be timely recorded as contemplated by the prior resolution, and (c) the applicant has complied with all known requirements which would have pertained to the modification or release of the covenant had that covenant been recorded pursuant to the covenant proviso of the resolution. In considering an application pursuant to this section, the applicable board shall consider the following, in addition to all criteria pertaining to the approvals to which the covenant proviso of the prior resolution pertains: 1. The extent to which the County, the applicant and the applicant's predecessor(s) in title are responsible for the failure of the covenant to be timely recorded, including whether the failure to record the covenant is a result of clerical or other error;

335 ZONING Whether there was an intent to deceive or mislead the County in connection with the prior resolution containing the covenant proviso; and 3. Any detriment which the granting of the application may cause to the County, or the public, including the area affected. The consideration of detriment shall include, but not be limited to (a) whether granting relief will impair the County's ability to obtain compliance with the covenant proviso by the applicant or other property owners to the extent that the covenant proviso may remain in effect after a revision; and (b) whether the applicant will proffer a new, recordable covenant addressing the concerns that were to have been addressed by the prior covenant. (Ord. No , 1, ) Sec Exhaustion of remedies; court review. No person aggrieved by any zoning resolution order, requirement, decision or determination of an administrative official or by any decision of the Community Zoning Appeals Board may apply to the Court for relief unless such person has first exhausted the remedies provided for herein and taken all available steps provided in this article. It is the intention of the Board of County Commissioners that all steps as provided by this article shall be taken before any application is made to the Court for relief; and no application shall be made to the Court for relief except from a resolution adopted by the Board of County Commissioners, or where applicable from a resolution adopted by a Community Zoning Appeals Board pursuant to this article. Zoning resolutions of the Board of County Commissioners, or where applicable, zoning resolutions of Community Zoning Appeals Boards shall be reviewed in accordance with the procedure and within the time provided by the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of any commission or board; and such time shall commence to run from the date the zoning resolution sought to be reviewed is transmitted to the Clerk of the Commission. The Director, or his duly authorized representative, shall affix to each zoning resolution the date said zoning resolution is transmitted to the Clerk of the Commission. The Clerk of the Board shall comply with all requirements of the Florida Rules of Appellate Procedure. For the purposes of appeal the Director shall make available, for public inspection and copying, the record upon which each final decision of the Board of County Commissioners or Community Zoning Appeals Board is based; provided, the Director may make a reasonable charge commensurate with the cost in the event the Department is able to and does furnish copies of all or any portion of the record. Prior to certifying a copy of any record or portion thereof, the Director or his designee shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions requested, and shall make a charge as provided by administrative order as amended from time to time for preparation of the record, instrument maps, picture or other exhibit; provided, the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established. The Chair, Vice-chair or Acting Chair of the Board of County Commissioners or Community Zoning Appeals Board at any zoning hearing before the Commission or Community Zoning Appeals Board may swear witnesses and, upon timely request in writing, compel the attendance of witnesses in the same manner prescribed in the Circuit Court. The Director shall employ a qualified court reporter to report the proceedings before the Board of County Commissioners and Community Zoning Appeals Board, who shall transcribe the notes only at the request of the County or other interested party, at the expense of the one (1) making the request. Such transcript, as well as the transcript of the proceedings before the Community Zoning Appeals Board, when certified by the reporter, may be used in a court review of a matter in issue. It is the intent of the Board of County Commissioners that no decision under this chapter shall constitute a temporary or permanent taking of private property or an abrogation of vested rights (taking or vested rights deprivation). In the event that any court shall determine that a decision of the Board of County Commissioners or Community Zoning Appeals Board under this chapter

336 MIAMI-DADE COUNTY CODE constitutes a taking or vested rights abrogation, such decision of the board is declared to be nonfinal and the court is hereby requested to remand the matter to the Board of County Commissioners, which shall reconsider the matter after notice of the County Commission hearing is given pursuant to Section (c) through (f). In the event that a court fails to remand a matter to the Board of County Commissioners after finding that a taking or vested rights abrogation has occurred, the director is instructed to forthwith file an application to remedy such taking or vested rights abrogation, which application shall be heard directly by the Board of County Commissioners after notice is given pursuant to Section (c) through (f). The Board of County Commissioners may elect to request that any remand or director's application be deferred until a later point in the litigation, including the completion of any judicial appeals. Notwithstanding anything to the contrary contained in this chapter, the Board of County Commissioners shall have original administrative jurisdiction over any remand or director's application pursuant to this paragraph. (Ord. No , ; Ord. No , 1, ; Ord. No , 1F, ; Ord. No , 6, ; Ord. No , 2, ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 1, ; Ord. No , 38, ; Ord. No , 11, ) Sec Limitation on issuance of permits. The Department shall not issue any type of permit or certificate based upon any action of the Community Zoning Appeals Board which the County Commission has jurisdiction to review until a final decision has been rendered on the application by the County Commission as provided by this chapter; provided, however, a temporary conditional permit or certificate may be issued prior to such final decision if the Director should first determine that the withholding of the same would cause imminent peril to life or property and then only upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper by the Director. Upon application of the Director, any variance, special exception, new use, special permit or unusual use heretofore or hereafter granted that is not utilized within the three-year period following the date of its grant or approval, may be terminated by the Board of County Commissioners after the required noticed public hearing or hearings, if it is determined that there have been sufficient changes in circumstances in the neighborhood and area concerned that to permit the same to be used would be detrimental to the area and incompatible therewith; provided, a variance shall not be terminated if the guidelines for granting the same exist. The foregoing provision shall not apply if the resolution granting the variance, special exception, new use, special permit or unusual use establishes a specific time limitation for utilizing the same. In such instances, the time limitation established by such resolution shall prevail. In the event application is made for a change of zoning on property which possesses any variance, special exception, new use, special permit or unusual use not yet utilized, no permits or certificates shall be issued for such variance, special exception, new use, special permit or unusual use until the hearing has been concluded. If the application for change of zoning is approved, the variance, special exception, new use, special permit or unusual use shall terminate, unless continued by the rezoning resolution; otherwise such variance, special exception, new use, special permit or unusual use shall remain in full force and effect, unless terminated by other provisions in this section. A variance, special exception, new use, special permit or unusual use shall be deemed to have been utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon, and the development to which such variance, special exception, new use, special permit or unusual use is an integral part is progressively and continuously carried to conclusion. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 38, )

337 ZONING Sec Reserved. Editor s note Section , pertaining to pending applications, has been deleted as obsolete. It was derived from Ord. No , adopted April 19, 1960 and Ord. No , 1, adopted June 27, Sec Administrative building moratoria. (a) Whenever it shall be made to appear to the County Manager that it is in the public interest to make a comprehensive determination as to whether existing County zoning districts applying to a portion of the area of Miami-Dade County are appropriate, and it is further made to appear to him that the said existing zoning districts may be detrimental to the said area should they continue to remain applicable and building permits be issued predicated thereon the County Manager shall immediately issue his administrative order delineating the area in question and prohibiting the issuance of building permits therein. (b) Any administrative order issued pursuant to Subsection (a) shall be complied with by all Miami-Dade County personnel and shall be effective until reversed, modified or superseded by order of the Board of County Commissioners. (c) Immediately upon issuance of any administrative order pursuant to Subsection (a), the County Manager shall notify the Clerk of the Board of County Commissioners, whose duty it shall be to place the matter before the Board of County Commissioners for consideration and review following a public hearing as soon as is reasonably practicable. (d) The aforesaid Clerk shall give reasonable notice by publication in a newspaper of general circulation in Miami-Dade County of the public hearing which he has scheduled before the Board of County Commissioners. (e) At the public hearing the Board of County Commissioners shall inquire into the propriety of a building moratorium and may reverse, modify or supersede any moratorium order previously issued. The Board's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts. (f) Should the Board of County Commissioners determine that a building moratorium is reasonably necessary, it shall order the same and direct that no building permits be issued within the affected area. The Board's order shall fix a time within which the County Manager shall report back to the Board with his recommendation relating to appropriate zoning districts for the affected area. The said time limitation shall be a reasonable one (1), predicated upon the time needed for a comprehensive analysis of the area. The initial commission moratorium shall be for a period not to exceed one hundred twenty (120) days. The Commission on its own motion or otherwise may continue any moratorium for a longer period of time if reasonably necessary. This provision is supplemental to Subsection (g) hereof. (g) Should the County Manager be unable to report back to the Board within the time prescribed by its moratorium order, upon timely request by the County Manager and after public hearing on the need therefor, the Board may reasonably extend the time limitation. (h) Upon the submission of the County Manager's report and recommendations to the Clerk of the Board, the Clerk shall call a public hearing thereon before the Board at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in Miami-Dade County. After said public hearing the Board shall make its determination as to whether the zoning districts shall remain the same or shall be changed. Should the Board determine that the zoning districts shall remain the same, it shall immediately issue its order terminating the building moratorium. Should the Board determine that the applicable zoning districts should be changed, or new districts created therefor, it shall issue its order continuing the building moratorium and shall immediately take the actions required elsewhere within the Miami-Dade County Code for such changes. Provided, however, where zoning district boundary changes are involved the Board of County Commissioners shall hear the matters directly without intervening administrative review

338 MIAMI-DADE COUNTY CODE (i) Upon the completion of all zoning district changes relating to the affected area, the Board shall issue its order terminating the building moratorium. (j) If any planning study performed by the Department, the Planning Advisory Board, or a specially hired or appointed County agency, indicates the necessity for zoning changes, the provisions of Sections through , Miami- Dade County Code, may be utilized to restrict the issuance of building permits until such changes have been finally considered by the Board of County Commissioners. These provisions of Sections through , Miami-Dade County Code, which anticipate a future planning study are rendered inapplicable to this subsection

339 CODE COMPARATIVE TABLE Ordinance Number Date Section Section this Code Supplement 2 25A-4(c) Added 25A-4(n) 3 25A Added A (Maps III, IV) E-6.1(h) Added 33-1(70.2) 71 (70.3) 2 Added 33-13(h) (d) Rule (a) A-3(a), (f)(6), 71 25A-4(c)(2), 25A-9(c)(5), (c)(5)(i)(g) Rule (a) (d) (1) A-4(j) A-9(c)(5) Added 2-1 Rule Added A Rpld (5) R (2), (7) (c)(7), 75 (d)(13), (h), (j)(13)(b), (d), (i) (k), (o)(5) (7), (q)(5), (r)(3) (5), (8)(viii), (9)(iii), (s) (j)(2), (4), (9) (11) Added (g), (j), (k) (4) 71 2 Added Added 33G-10(g), (h) , 3 Added 8A-411 8A CC Rule (h) A-9(c)(5)(i)(E) Added C-7(2), (3) Added Added (b)

340 MIAMI-DADE COUNTY CODE Ordinance Number Date Section Section this Code Supplement (g) Added (b) Added (l)(4) (b)(4) (A), (B)(3) 72 (7), (E)(3)(h) (j) Dltd 21-7, , 21-15, 21-16, , , 21-20, , , , , (14a), 72 (21), (26a), (30) (B)(2)(c), (d), (c)(1)11a., 29a., (2)(d), (D)(2)(b), (3)(h), (j), (E)(2), (3)(c), (g), (5)(b), (F)(1)12a., (2)(a) Rule 5.05(b)(1) Added (87.1) (D)(2) (d)(1) (A)(9) , 12-21(a) Added 8A CC (f) (4) (2) (2)(d)(vii) (70.2) 75 (70.4) 2 Added (b) Rule 5.05(b)(1) Added (d) Added Dltd (A)

341 CODE COMPARATIVE TABLE Ordinance Number Date Section Section this Code Supplement (1), (2)(b), , (1) (3), (4), , , (1), (3)(k), (6) Rpld (s)(6)a Added 31-93(f) CC (b), (d) (1) (3), (8) (e) (c), (h), (j) (c), (h), (j) (c), (h), (j) (a)(1) (b)(1), (c)(3) 77 2 Added 5-20(g) (e) (a) (c) Added 5-22(k) 5 Added 5-23(a)(6), (i), (j) 6 Added Added CC (c) (a), (h) (a) (h)(1) (a), (e) 7 8CC (3)(g), 77 (4)(c) (c) Added C C-2 3 Added 8C-6 4 8CC (A)(7), 77 (B)(1) , 10 Added , Rule (a) Added 2-1 Rule 2.01(a)(2)(j)

342 MIAMI-DADE COUNTY CODE Ordinance Number Date Section Section this Code Supplement Rules (j)(2), 5.05, 5.06(b) (e) Added Added 2-1 Rule (m) Rltd 7.01(m), (n) as 7.01(n), (o) Added 33-1(78.3) (b)(1) CC-7(b) (a)(3) Added CC Rule (a), (g) (i) Added (b) (b) (h) (g) A-3(a), (d), (e) A-9(c)(5) Added Added (a) 78 Added 2-8.1(l) Added R Added A-8, 78 8A-8.1 8A CC-10 Added 2-8.1(l) , 10-2, (c), (d), 10-5(a), (b), 10-6(A), (B), (E), 10-7, 10-8, 10-13, 10-15(b), (g), , , (a) (c), 10-22(b), (d), (e), (h), (i), (n) (r), , 10-33(A), (a) R (a) (A)(14)(f), (15)(d), (15.1)(h), (20)(g) (j), (l) 78 Added (o) (q)

343 CODE COMPARATIVE TABLE Ordinance Number Date Section Section this Code Supplement R , 2 Added Added Rule , Added (10) (q) (A), (B), (D)(6) (a) (c), (e) (g) (a), (c) (e), (g) (A)(3) (B)(5) Added 2-1 Rule Added Rule (j)(2), 5.05(a)

344

345 STATE LAW REFERENCE TABLE LAWS OF FLORIDA This table shows the location within this Charter and Code, either in the text or notes following the text, of references to state Laws of Florida. Chapter Section Section this Code 483(1971) (1925) (1939) 23-31(j) 19193(1939) (1941) (1943) Pt. I, 5.03(H) 22935(1945) (1945) 1 8D D-3 8D-6 6 8D-8 7 8D-7 8 8D-9 9 8D D D (1945) Pt. II (1949) (1951) C-3 25C C C (1951) 1 8D-1 2 8D-3 3 8D (1953) (j) 30143(1955) Ch. 2, Art. III 30165(1955) (1955) Pt. I, 5.05(C) 1, , (c) (C) Ch. 2, Art. IV, Div (c), 5(d) 2-34, (e) (f) (g) , , (1955) 1 8D Ch. 2, Art. XVII 7497

346 MIAMI-DADE COUNTY CODE Chapter Section Section this Code Ch. 2, Art. XVII Ch. 23, Art. III B (d) (a) A-1 25A-2(a) 25A (5) , , A ,

347 STATE LAW REFERENCE TABLE FLORIDA STATUTES This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the Florida Statutes. State Const Article Section Section this Charter VIII 11 Pt. I, Art. VIII State Const Article Section Section this Code II (i)(1) V Ch. 2, Art. III VII 4(c) (e) (a) (d)(2) (f) (b) 29-83(b) (b) VIII 6 Pt. I, 11(1)(f) 33E-2(b) 6(e) Pt. I, Art. VIII A-68 XVII 1 Pt. I, 11(8) F.S. Section Section this Code F.S. Section Section this Code Ch. 2, Art. XXIA A (3) (a) 9-2.1(b) A-2(28A-2.1)(17) (9) App. A (5)(6) (8)(b) (8)(a) 27.34(1) (c) Ch (b) (2)(a) (4), (5) (B) 7499

348 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code (b) (a) (4) Ch (r)(8)(vi) 33-8 Ch A-8(3) 11A-39(c) (d) Ch (e)(3) (c) E-6.1 Ch A Ch A Ch (d) (e) Ch Ch Ch Ch (a) Ch Ch , (15) Ch (e)(4) (i)(7) Ch. 112, Pt. III (i)(1) (6)(b) et seq (3) Ch (a)(2) (i)(6) (d)(2) (f) (c) (b) (b) (1)(a), (b) (3) (5) (c) (3) (c) (4) (c) 7500

349 STATE LAW REFERENCE TABLE F.S. Section Section this Code F.S. Section Section this Code Ch A A (d) Ch (c) Ch (A)(8) Ch. 29, Art. V (b) (4)(c) Ch. 2, Art. XXVII (17) A-4(d) F B-26(a) (a) Ch. 154, Pt. III 2-261(d) et seq. Ch. 25A et seq. Ch. 2, Art. XXIX (a) (a) (a) (16) (a) (a) (1) (a) Ch. 159, Pt. V (1) et seq. Ch. 2, Art. XXIV (1) et seq. Ch. 2, Art. XXIB et seq. Ch. 2, Art. XXVI (c) (c)(4) (c)(3) (1) 11C-2(ss) 33-43(c)(3) 33F-1(b) F-1(d)(2) Ch Ch. 8CC 14-46(D)(1) Ch A-16 33E-2(b) 33E-3(a) 33G-3(4) Ch. 163, Pt. II D K-2 Ch. 163, Pt. III 16A-18 30A-51, 30A A G E-12(c) 33E-13(c) A et seq. Ch. 30A 33D-40(a)(1) A A A (c) 29-6(d) 30A-16 30A-19 30A A A

350 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code 30A-17 30A-53 30A (2)(a) (2)(d)(1) (8) 30A A (a) 30A-16 30A A et seq Ch. 23A Ch H-3(f) 33I-4(a)(4) 33J-4(h) (D)(16) (5) (b)(3) (6) 2-114(a) (7) 2-114(a) (17) (22) 2-114(a) 2-114(c)(4) (8) 2-114(c)(1)a (c)(3) (b)(4) (d)(2) (4)(a) (3) (3)(c) (4) (6) (11) (1) (1)(e) (5) (3)(a) 2-114(a) (4) K G-8(1) G-8(1) Ch. 8A Ch. 8A, Art. IV Ch. 29, Art. IV 29-37(5) Ch (a) Ch. 175 Ch. 23, Art. III Ch (a) Ch. 177, Pt. 2 33D et seq. Ch (c)(20) (d)(2) Ch. 185 Ch. 23, Art. II Ch. 23, Art. II Ch. 23, Art. III Ch (2)(d)

351 STATE LAW REFERENCE TABLE F.S. Section Section this Code F.S. Section Section this Code (1) (2)(d), (f) (3) (13) B A B A A (6) (9) (9)(a) (14) (15) Ch B (3)(a) (4) (8)(a) Ch (1) Ch Ch AA (3) (1) Ch. 205 Ch. 8A, Art. IX Ch. 8A, Art. X 7503

352 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code 8A (4) 8A A A-241 Ch Ch (1)(e)1.a (7)(c)(1) (4) (1) Ch. 29, Art. XVI (1)(d) (1)(e) Ch. 29, Art. VI (3) 16A Ch. 218, Pt. III Ch Ch Ch et seq. Ch. 2, Art. XXVIII Ch B-3, 8B-4 8B-7, 8B B (1)(a) 8B-9 Ch (1)(a)(10) D Ch , B Ch A-38 Ch (1)(o) (2)(d) (3) (4)(a) (4)(e) (7) (8) (9)

353 STATE LAW REFERENCE TABLE F.S. Section Section this Code F.S. Section Section this Code (9)(a) (9)(b) (12) (12) (12)(d) Ch A A G et seq. Ch. 29, Art. X (1)(a) 33I-7 33J (8) (9) E (2) 33E-14 33H-14 33I-7 33J-8 Ch Ch Ch Ch Ch B (6) (1) (1)(c) B (7) A (5)(a) (3) A-19 11A Ch Ch (9), (10) (7) Ch Ch A A A (1) 8A (2) (1), (2) A A et seq. Ch. 19A A-19 11A A-19 11A A-19 11A A-19 11A A-19 11A Ch Ch

354 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code Ch Ch Ch Ch Ch (2)(a) (1)(b) (3)(a) (4) (4)(a) E Ch A-11 14A (1) 14A-11 Ch Ch (1) Ch Ch (4) (1) Ch A-2 33E-2 33E-14 33G-2 33G-3 33H-14 33I-7 33J Ch. 33A (6)(b) (19) (19)(b) (19)(c)(2) et seq. Ch. 33D, Art. III Ch et seq. Ch et seq. Ch. 26A (4) 8A (7) 8A (12) 8A (13) 8A (15) 8A (16) 8A (22) 8A (2)(a)(1) (2)(a)(3) (2)(b) Ch A A B (2)(e)

355 STATE LAW REFERENCE TABLE F.S. Section Section this Code F.S. Section Section this Code Ch Ch Ch. 400, Pt. II Ch. 400, Pt. III Ch. 400, Pt. VII Ch. 400, Pt. X 8A B A H-3 33J-4 Ch et seq. Ch (4) 8A (5) 8A-281 Ch C Ch. 403, Pt. VI (14) (15) (16) (34) (3) (1) (2) (3) et seq. Ch. 11B Ch (2)(s) (1) (1)(b) (1)(c) Ch (1)(c) Ch Ch. 420, Pt. VI 33E et seq (3)(a) 33E (3)(b) 33H-14 33I-7 33J (4) 33E (5) 33H-14 33I-7 33J et seq (2) (5) Ch Ch Ch A-137 8A-361 8A Ch Ch A-424 Chs Ch A-414 8A-421 8A (1) 8A-411 Ch A-414 8A-421 8A (1) 8A-411 Ch A-421 8A (4) (2) Ch A Ch Ch

356 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code Ch Ch Ch A (d) 8A-212 8A H-9 Ch A-424 Ch A-4 18A Ch (1) Ch (2) Ch Ch (1) (3) Ch (7) (3) Ch (4) Ch (5) Ch (6) (7) Ch Ch Ch Ch Ch Ch Ch A-424 Ch Ch. 10, Art. I Ch. 489, Pt. I Ch. 489, Pt. II (4)(b) Ch. 493 Ch. 8A, Art. VI 28A-10 Ch A-11 Ch B A A (10) A-340 Ch A-192 8A A-192 8A Ch Ch A-209 8A-240 Ch Ch Ch. 531 Ch. 8A, Art. III Ch. 533, Pt. IV Ch A A Ch. 538, Pt. II 8A A A A-9.2 Ch Ch A A Ch. 552 Ch Ch. 553 Ch (6) et seq (8)(b) (8)(c) Ch

357 STATE LAW REFERENCE TABLE F.S. Section Section this Code F.S. Section Section this Code et seq. Ch. 8A, Art. VII A (1), (4) 8A (6) 8A A Ch (4) (4)(a) (4)(b) (8) (9) Ch (13) (4) Ch A Ch A-194 8A Ch (5) (1)(b) (2)(b) Ch. 14, Art. III (5) (8) (2) Ch A A A-17 Ch A-3(28A-3.4) ( ) Ch et seq (1)(a) (1)(b) Ch Ch A-6(28A-6.8) A-6(28A-6.8) A-60 Ch (4) A A-60 Ch. 790 Ch. 21, Art. III A-9(28A-9.3) 30B B

358 MIAMI-DADE COUNTY CODE F.S. Section Section this Code F.S. Section Section this Code (Rule 9(a)) 26-1(Rule 18(a)) 26-1(Rule 19(a)) 28A B-4 Ch B Ch A A et seq. Ch. 8A, Art. XV Ch A A (2)(b) Ch (4)(a) Ch A A-12.2 Ch A A-12.2 Ch (5) A A Ch. 21, Art. XI (1) Ch. 21, Art. XI (2) Ch. 21, Art. XI (6) Ch. 21, Art. XI Ch A-2 17B (3) (4) , Sch. I 8A , Sch. II 8A , Sch. III 8A , Sch. IV 8A , Sch. V 8A A Ch A (6) Ch

359 STATE LAW REFERENCE TABLE F.S. Section Section this Code et seq. Ch. 2, Art. XII (13) 1-2 Ch (3) Ch. 21, Art. VIII Ch Ch [The next page is 7547]

360

361 CHARTER INDEX A ACTION AND REASONS Notice of action and reasons Citizens' bill of rights ACTIONS Lawsuits. See: SUITS AND PLEAS ADMINISTRATION Administrative organization and procedure Citizens' bill of rights Preamble 5.01 et seq. Preamble ADVERTISING County board powers AGREEMENTS. See: CONTRACTS AND AGREEMENTS AIR POLLUTION County board powers AIRPORTS AND AIRCRAFT County board powers ALCOHOLIC BEVERAGES County board powers AMENDMENTS Charter amendments APPROPRIATIONS Financial administration See: FINANCES AQUATIC RESERVES. See: PARKS, AQUATIC RESERVES AND PRESER- VATION LANDS ARTERIAL ROADS County board powers ASSESSMENTS Assessment and collection of taxes See: TAXATION County board powers AUDITS Citizens' bill of rights BARNES PARK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS B Section Preamble 7.01 et seq. BEACH EROSION County board powers BEER, WINE AND OTHER INTOXICANTS County board powers BIDS AND BIDDING Financial administration See: FINANCES BLACK POINT MARINA Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS 7.01 et seq. BLIGHTED AREAS, SLUM CLEARANCE County board powers BOARD OF COUNTY COMMISSIONERS Composition Constitutional amendment to HR Charter Pt. I County board powers County commission districts Elections et seq. See: ELECTIONS Forfeiture of office Initiative, referendum and recall et seq. See: INITIATIVE, REFERENDUM AND RECALL Meetings Failure to attend, forfeiture of office (A) Organization of commission and committees Removal from office Recall powers Resolutions and ordinances See: ORDINANCES, RESOLUTIONS, ETC. Restriction on members Salary of commissioners Term limit (E) Terms, compensation, etc. Constitutional amendment to HR Charter Pt. I Election and commencement of terms Tort liability Vacancies in office BOARD OF PUBLIC INSTRUCTION Constitutional amendment to HR Charter Pt. I Section BOARDS, COMMITTEES AND COMMIS- SIONS Abolition of certain offices and transfer of functions Administrative organization and procedure et seq. Constitutional amendment to HR Charter Pt. I Ordinance creating, etc BONDS County board powers BORROWING County board powers

362 MIAMI-DADE COUNTY CODE BOUNDARIES Changes in municipal boundaries Constitutional amendment to HR Charter Pt. I BRIDGES County board powers BUDGET Financial administration See: FINANCES BUDGET LIMITATIONS Citizens' bill of rights Preamble BUILDINGS Technical codes and regulations County board powers BUS TERMINALS County board powers BUSINESS REGULATIONS County board powers CAMPAIGNS, POLITICAL Elections See: ELECTIONS CANDIDATES FOR OFFICE Elections See: ELECTIONS C 3.01 et seq et seq. CAPITAL BUDGET Financial administration See: FINANCES CAREER SERVICE Department of personnel Generally. See: OFFICERS AND EM- PLOYEES CASTELLOW HAMMOCK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS 7.01 et seq. CENTRAL CRIME INVESTIGATIONS County board powers CERTIFICATES Existing franchises, contracts and licenses Charter provisions CERTIFICATES OF COMPETENCY County board powers CHAPMAN FIELD Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS Section 7.01 et seq. CHARTER Abolition of certain offices and transfer of functions Amendments Citizens' bill of rights Preamble Commission auditor Constitutional amendment to HR Charter Pt. I Effect Effective date Existing franchises, contracts and licenses 9.05 Municipal charters Revisions Supremacy clause CHARTER BOARD Constitutional amendment to HR Charter Pt. I CIRCUIT COURT Constitutional amendment to HR Charter Pt. I CITY OF MIAMI WATER AND SEWER BOARD Ordinances re (B) CIVIL SERVICE Department of personnel CODE OF ORDINANCES County board powers COLLECTOR Assessment and collection of taxes See: TAXATION County tax collector Abolition of certain offices and transfer of functions COMPREHENSIVE PLANS County board powers CONFLICTING LAWS Citizens' bill of rights CONSOLIDATION Constitutional amendment to HR Charter Pt. I Preamble CONSTABLES Vacancy in office, filling CONSTITUTION Constitutional amendment to HR Charter Pt. I Section CONTAMINATION, AIR POLLUTION County board powers CONTRACTORS Examinations County board powers

363 CHARTER INDEX CONTRACTS AND AGREEMENTS Existing franchises, contracts and licenses Charter provisions Financial administration See: FINANCES CONVENIENT ACCESS Citizens' bill of rights Preamble COUNTY Constitutional amendment to HR Charter Pt. I Name of COUNTY ASSESSOR OF TAXES Abolition of certain offices and transfer of functions COUNTY ATTORNEY Department of law generally Reports Citizens' bill of rights Preamble COUNTY COMMISSION DISTRICTS Established COUNTY COMMISSIONERS. See: BOARD OF COUNTY COMMISSIONERS COUNTY EMPLOYMENT. See: OFFICERS AND EMPLOYEES COUNTY MANAGER Abolition of certain offices and transfer of functions Reports Citizens' bill of rights Preamble COUNTY SURVEYORS Abolition of certain offices and transfer of functions COUNTY TAX COLLECTOR Abolition of certain offices and transfer of functions COUNTY TREASURER Financial administration See: FINANCES COURTS Lawsuits. See: SUITS AND PLEAS CRANDON PARK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS Section 7.01 et seq. CRIME INVESTIGATIONS County board powers CULTURAL FACILITIES County board powers D DADE COUNTY Constitutional amendment to HR Charter Pt. I Name of county DAMAGES Compensation or property damage Eminent domain powers (C) Tort liability DEBTS, INCURRING County board powers DEERING ESTATE PARK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS 7.01 et seq. DEPARTMENT OF LAW Generally DEPARTMENT OF PLANNING Generally DEPARTMENTS AND OTHER AGENCIES OF COUNTY Abolition of certain offices and transfer of functions Administrative organization and procedure et seq. Constitutional amendment to HR Charter Pt. I DEVELOPMENT County board powers Public funds for purposes of promoting County board powers DRAINAGE County board powers E Section ELECTIONS Additional regulations and state laws Candidates for office Qualifications and filing fee Canvassing County commissioners Election and commencement of terms County supervisor of registration Abolition of certain offices and transfer of functions Franchises County board powers Initiative, referendum and recall et seq. See: INITIATIVE, REFERENDUM AND RECALL Nonpartisan elections Term limit (E) 7549

364 MIAMI-DADE COUNTY CODE EMERGENCIES Resolutions and ordinances, powers EMINENT DOMAIN Powers of the board EMPLOYEES. See: OFFICERS AND EM- PLOYEES 1-01(C) ENQUIRIES County board powers EROSION CONTROL County board powers ETHICS AND PUBLIC TRUST COMMIS- SION Citizens' bill of rights F Preamble FINANCES Assessment and collection of taxes See: TAXATION Citizens' bill of rights Preamble Constitutional amendment to HR Charter Pt. I County board powers Department of finance Administrative organization and procedure et seq. FINANCIAL DISCLOSURE Citizens' bill of rights FINES, FORFEITURES AND OTHER PEN- ALTIES Constitutional amendment to HR Charter Pt. I Preamble FIRE AND RESCUE SERVICE DISTRICT County board powers FIRE DEPARTMENT Training, communications, records, etc., providing County board powers FLOOD AND BEACH EROSION County board powers FOR HIRE VEHICLES County board powers FRANCHISES County board powers Existing franchises, contracts and licenses Charter provisions Municipal franchises and utility taxes FUCHS HAMMOCK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS Section 7.01 et seq. G GARBAGE AND TRASH County board powers GAS County board powers GENERAL ELECTIONS. See: ELECTIONS GENERAL LAWS Constitutional amendment to HR Charter Pt. I County board powers GOVERNMENT Citizens' bill of rights Constitutional amendment to HR Charter Pt. I Preamble GOVERNMENTAL UNITS Contracting with County board powers GRADE CROSSINGS County board powers GREYNOLDS PARK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS GROUP INSURANCE PLANS Provisions affecting H 7.01 et seq. 5.05(F) HEALTH AND SANITATION County board powers HEARINGS Right to be heard Citizens' bill of rights Preamble HOSPITALS County board powers HOUSING County board powers I INDEBTEDNESS County board powers INFRACTIONS Constitutional amendment to HR Charter Pt. I Section INITIATIVE, REFERENDUM AND RECALL Initiative and referendum powers Recall functions and powers INJURIES Tort liability

365 CHARTER INDEX INQUIRIES County board powers INSURANCE Providing, powers (F) INTOXICATING LIQUOR County board powers INVESTIGATIONS County board powers J JAILS County board powers JITNEYS County board powers JURISDICTION Constitutional amendment to HR Charter Pt. I LAND Eminent domain powers Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS LARRY AND PENNY THOMPSON PARK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS LAW DEPARTMENT. See: DEPARTMENT OF LAW Administrative organization and procedure LAWSUITS. See: SUITS AND PLEAS LEGISLATION Ordinances, resolutions, etc See: ORDINANCES, RESOLUTIONS, ETC. LEGISLATIVE POWERS Constitutional amendment to HR Charter Pt. I L Section 1.01(C) 7.01 et seq et seq et seq et seq. LIABILITY Tort liability of county LIBRARIES County board powers LICENSES AND PERMITS Assessment and collection of taxes See: TAXATION Business regulations County board powers LICENSES AND PERMITS (Cont'd.) Existing franchises, contracts and licenses Charter provisions LIGHT AND POWER County board powers LIMOUSINES County board powers LIQUOR County board powers LOCAL IMPROVEMENTS Financial administration See: FINANCES M MANAGER. See: COUNTY MANAGER MANGROVE PRESERVES Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS 7.01 et seq. MASTER PLAN County board powers MATHESON HAMMOCK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS 7.01 et seq. MAYOR Administrative organization and procedure et seq. County commissioners generally. See: BOARD OF COUNTY COMMISSION- ERS Election of Elections et seq. See: ELECTIONS Responsibilities of Temporary transfer of Mayoral powers and responsibilities upon a vacancy or incapacity in the office of Mayor Vacancy in office of et seq. See: OFFICERS AND EMPLOYEES METRO-DADE FIRE AND RESCUE SER- VICE DISTRICT County board powers METROPOLITAN CHARTER BOARD Constitutional amendment to HR Charter Pt. I METROPOLITAN DADE COUNTY Constitutional amendment to HR Charter Pt. I Section 7551

366 MIAMI-DADE COUNTY CODE MIAMI-DADE COUNTY HOME RULE CHARTER. See also: CHARTER Constitutional amendment to HR Charter Pt. I Municipal charters Supremacy clause MIAMI-DADE WATER AND SEWER AU- THORITY Responsibility (B) MILLAGE Assessment and collection of taxes See: TAXATION MINUTES AND ORDINANCE REGISTER Citizens' bill of rights Preamble MONEY Financial administration See: FINANCES MUNICIPALITIES Boundaries, merging, consolidating, abolishing Constitutional amendment to HR Charter Pt. I Continuance of municipalities Contracts with other units of government County board powers Franchises and utility taxes Municipal boundaries, changing Municipal charters Municipal powers New municipalities, creation Powers of the board enumerated et seq. See: BOARD OF COUNTY COMMIS- SIONERS MUSEUMS County board powers NOMINATIONS Elections See: ELECTIONS NOTICE OF ACTION AND REASONS Citizens' bill of rights N Section 3.01 et seq. Preamble OFFENSES Constitutional amendment to HR Charter Pt. I OFFICERS AND EMPLOYEES Abolition of certain offices, transfer of functions Administrative organization and procedure et seq. Appointed officials or employees Forfeiture of office, when (C) Bonds Financial administration See: FINANCES Citizens' bill of rights Preamble Commission auditor Compensation, salaries, etc. Constitutional amendment to HR Charter Pt. I County commissioners Department of personnel Establishment, maintenance, etc Elections et seq. See: ELECTIONS Financial administration See: FINANCES Investigations into county affairs County board powers Recall. See: INITIATIVE, REFERENDUM AND RECALL Regional offices Citizens' bill of rights Preamble Terms of office Constitutional amendment to HR Charter Pt. I Vacancies, filling OFF-STREET PARKING County board powers OLD CUTLER HAMMOCK Parks, aquatic reserves and preservation lands, regulations re See: PARKS, AQUATIC RESERVES AND PRESERVATION LANDS Section 7.01 et seq. OPERATING BUDGET Financial administration See: FINANCES NOTICES Right to notice Citizens' bill of rights Preamble O OATH, AFFIRMATION, SWEAR OR SWORN Administration of oaths County board powers OBLIGATIONS OF INDEBTEDNESS County board powers

367 CODE INDEX AERIALS Cable and communications services providers See: CABLE AND COMMUNICATIONS SERVICES PROVIDERS 8AA-1 et seq. AEROSOL SPRAY PAINT Graffiti AESTHETIC AND ARCHITECTURAL HER- ITAGE Historic preservation See: HISTORIC PRESERVATION Section 16A-1 et seq. AFFIRMATIVE ACTION Black contractors bidding on public projects et seq. See: CONTRACTORS Commission for the Status of Women et seq. See: COMMISSION FOR THE STATUS OF WOMEN Dade County Advisory Board for Minority and Women-Owned Businesses , Dade County Affirmative Action Advisory Board , Dade County Black Affairs Advisory Board et seq. See: DADE COUNTY BLACK AFFAIRS ADVISORY BOARD Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Hispanic business enterprise program Women business enterprise program AFFORDABLE HOUSING Affordable housing trust fund Affordable Housing Trust Fund Definitions Financial audit of fund Legislative intent and purpose Liberal construction to effectuate public purpose Membership Powers Reports to the Board of County Commissioners Short title Refinancing of affordable housing loans made to developers AFFORDABLE HOUSING ADVISORY BOARD Local housing assistance program AFRICAN-AMERICAN TOURIST SITE TASK FORCE BOARD Appointment Creation Duties Membership Organizations Powers and functions of AFRICAN-AMERICAN TOURIST SITE TASK FORCE BOARD (Cont'd.) Procedures Purpose Staff support Term office AFTER SCHOOL CARE Zoning ordinances and requirements. See: ZONING AGENTS AND AGENCIES Boards. See: BOARDS, COMMITTEES AND COMMISSIONS County officials. See: OFFICERS AND EM- PLOYEES Departments. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY AGING PERSONS Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Discriminatory practices re cable and communications services providers AA-63 Public Welfare Department powers and duties AGREEMENTS. See: CONTRACTS, AGREE- MENTS AND PURCHASES AGRICULTURAL AGENT Classified service exceptions AGRICULTURAL DEVELOPMENT Agricultural land use plan et seq. See: PLANNING AGRICULTURAL FIELDS Wells (open irrigation holes, etc.) See: WELLS (Open irrigation holes, etc.) Section et seq. AGRICULTURAL PRACTICES ADVISORY BOARD Definitions Membership; qualifications Staff support Terms Vacancies; election of officers; committees; meetings and records AGRICULTURE AND AGRICULTURAL PRODUCTS Avocados, limes, mangoes; bulk sales A-51 et seq. See: BUSINESS REGULATIONS Honeybee hives or colonies Uniform meat identification A-251 et seq. See: UNIFORM MEAT IDENTIFICA- TION Uniform trade standards A-65 et seq. See: BUSINESS REGULATIONS 7561

368 MIAMI-DADE COUNTY CODE AGRICULTURE AND RURAL AREA STUDY Citizens' Advisory Committee Legislative intent and purpose (1) AIDING AND ABETTING VIOLATIONS Penal codes et seq. Persons confined in Dade County Jail AIDS Miami-Dade County HIV/AIDS Partnership See: MIAMI-DADE COUNTY HIV/AIDS PARTNERSHIP AIR CARRIERS Seaport security and operations See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES AIR CONDITIONING AND REFRIGERA- TION CONTRACTORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS Miami-Dade County housing standards... See: HOUSING (Metropolitan Dade County) et seq. 28A-1 et seq et seq et seq. AIR CONDITIONING CONDENSER UNIT SECURITY Building code provisions C-1 Methods C-5 AIR POLLUTION Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Environmental protection permits and provisions et seq. See: ENVIRONMENTAL PROTECTION Public Health Department powers and duties Sanitary nuisances generally A-2 et seq. See: NUISANCES Zoning ordinances and requirements. See: ZONING AIR RIFLES Minors, offenses re See: MINORS AIRCRAFT NOISE ABATEMENT TASK FORCE. See: AIRPORTS AND AIR- CRAFT Section 21-6 et seq. AIRPORTS AND AIRCRAFT Aircraft noise abatement advisory board for Miami International Airport Creation Membership Powers and duties Procedures Purpose Staff Section AIRPORTS AND AIRCRAFT (Cont'd.) Aviation Department et seq. See: AVIATION DEPARTMENT Construction financing D-1 et seq. See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Contracts relating to North Terminal Development Project at Miami International Airport Mayor's authority Miami International Airport Neighborhood Relations Committee Creation Membership Powers and duties Procedure Purpose Staff Opa-locka executive airport Aircraft noise abatement task force Creation Executive director (a) Meetings (b) Scheduled meetings Membership Conflict of interest, code of ethics ordinance (e) Members (a) Removal from Office (d) Term (b) Vacancies (c) Powers and duties of the board Procedure Purpose Staff Rules and regulations et seq. See: AVIATION DEPARTMENT Zoning ordinances and requirements. See: ZONING ALARM DEVICES Child safety alarm devices for vehicles transporting children for licensed day care centers ALARM SYSTEMS Automatic telephone dialing alarm system 8A-162 et seq. See: AUTOMATIC TELEPHONE DIAL- ING ALARM SYSTEM Blasting operations in vicinity Code enforcement boards, as to Contractors' certificate of competency and licenses, etc et seq. See: CONTRACTORS Convenience store security A-301 et seq. See: CONVENIENCE STORE SECU- RITY ALARMS False alarms and reports Fire alarms generally

369 CODE INDEX Section BOARD OF COUNTY COMMISSIONERS (Cont'd.) Public hearing items heard by committee Rule 5.05(e) Removal of public hearing items from agenda Rule 5.05(e) Summer Recess Items Rule 5.05(h) Ordinances, resolutions, motions, contracts Approval of ordinances by County Attorney Rule 5.06(b) Certain amendments to ordinances and resolutions... Rule 5.06(h) Committee consideration Rule 5.06(g) Exception Rule 5.06(e) Introduction and sponsorship.. Rule 5.06(c) No Commission jurisdiction.... Rule 5.06(f) Ordinances affecting municipalities Rule 5.06(j) Ordinances that have direct fiscal impact on municipalities Rule 5.06(k) Preparation of ordinances..... Rule 5.06(a) Sunset Rule 5.06(d) When action to be taken by resolution or ordinance Rule 5.06(i) Quorum Rule 5.03 Roll call Rule 5.02 Statement of fiscal impact and of private business sector impact required for ordinances; exceptions Rule 5.07 Regular meetings and regular meeting after County Commission installation ceremony Rule 3.01 Special meetings, emergency meetings Rule 3.02 Emergency meetings Rule 3.02(b) Special meetings Rule 3.02(a) Officers Clerk Rule 2.02 County Attorney Rule 2.03 Presiding Officer Rule 2.01 Sergeant-at-Arms Rule 2.04 Ordinances (additional) prescribing county commission procedure Annual budget Rule 9.01 Balanced Budget Consideration of bond matters and debt instruments after sale.... Rule 9.03 Expenditure of Seaport Department Promotional Funds Rule Fee reduction and waiver requests for the use of Vizcaya Museum and Gardens Rule 9.04 Naming, renaming or codesignation of Miami-Dade County Roads, facilities or property Rule 9.02 Noncompliance with procedural rules Rule 9.06 Representation of Miami-Dade County Rule 9.05 BOARD OF COUNTY COMMISSIONERS (Cont'd.) Public participation Addressing commission, manner, time Rule 6.04 Citizens presentations; public hearings Citizens' presentations Rule 6.02(a) Public discussion on agenda items Rule 6.02(c) Public hearings Rule 6.02(b) Decorum Rule 6.05 Persons authorized on the dais..... Rule 6.01 Registration of speakers Rule 6.03 Suits for damages against county Notice, settlement authority Zoning procedure re board Administrative modification or elimination of conditions and restrictive covenants Appeals to Applications for public hearing Deletion or modification of covenants or common open spaces or amenities Direct applications and appeals to Notice and hearing prerequisite to action by the board or county commissioners board Zoning regulations Group homes, licensing Notification of county commissioner of licensing BOARD OF EQUALIZATION Appearances before. See: TAXATION BOARDING HOMES Public Welfare Department powers and duties BOARDING HOUSES, INNS Business tax receipts. See also that subject Local Unincorporated areas Minors, offenses re See: MINORS Section 8A-171 et seq. 8A-224 et seq et seq. BOARDS, COMMITTEES AND COMMIS- SIONS. See also: DEPARTMENTS AND OTHER AGENCIES OF COUNTY Advisory and quasi-judicial board members Voting conflicts (v) Advisory committee for the South Miami- Dade Watershed Plan Affordable housing advisory board Local housing assistance program African-American tourist site task force board et seq. See: AFRICAN-AMERICAN TOURIST SITE TASK FORCE BOARD Agricultural Practices Advisory Board et seq. See: AGRICULTURAL PRACTICES AD- VISORY BOARD 7579

370 MIAMI-DADE COUNTY CODE Section BOARDS, COMMITTEES AND COMMIS- SIONS (Cont'd.) Agriculture and Rural Area Study Citizens' Advisory Committee See: AGRICULTURE AND RURAL AREA STUDY Aircraft noise abatement advisory board for Miami International Airport et seq. See: AIRPORTS AND AIRCRAFT Appointment process Art-In-Public-Places Trust Attendance requirement Biscayne Bay Management Committee Biscayne Bay management D-1 et seq. See: BISCAYNE BAY MANAGEMENT Biscayne National Park Buffer Development Review Committee; intent and purpose; establishment; membership; qualifications; appointment; term; duties; staff support Board of Rules and Appeals Building Better Communities Citizens' Advisory Committee et seq. Business Impact Committee et seq. See: BUSINESS IMPACT COMMIT- TEE Candidates for public office Restrictions on endorsing candidates, etc (c) Center for the Fine Arts et seq. See: CENTER FOR THE FINE ARTS Child Care Task Force et seq. See: CHILD CARE TASK FORCE Children's Services Council et seq. See: CHILDREN'S SERVICES COUN- CIL Citizens' Oversight Committee Safe Neighborhood Parks Ordinance... 25B-23 Civil service rules Classified service exceptions Climate Change Advisory Task Force et seq. See: CLIMATE CHANGE ADVISORY TASK FORCE Code enforcement boards et seq. See: CODE ENFORCEMENT BOARDS Commission auditor et seq. See: COMMISSION AUDITOR Commission for the Status of Women et seq. Commission of Adjustment Landscaping regulations A-1 et seq. See: LANDSCAPING Commission of Inquiry et seq. See: COMMISSION OF INQUIRY Commission on Disability Issues et seq. See: COMMISSION ON DISABILITY ISSUES Community Image Advisory Board et seq. Community Relations Board et seq. Community small business enterprise program Section BOARDS, COMMITTEES AND COMMIS- SIONS (Cont'd.) Community zoning appeals boards Authority of Subdivision variances (a) Zoning procedures re et seq. See: ZONING Compensation and benefits review committee et seq. See: COMPENSATION AND BENE- FITS REVIEW COMMITTEE Competitive Selection Committee Acquisition of professional persons Concurrency review agencies Service Concurrency Management Program G-1 et seq. See: SERVICE CONCURRENCY MANAGEMENT PROGRAM Conflict of interest and code of ethics ordinance Conflict of interest waiver; advisory boards Construction Trades Qualifying Board County agencies, rules and regulations Filed with Clerk of Circuit Court County Board of Visitors Abolished, duties transferred to County Manager County boards Endorsement of candidates or positions, as to (c) Presentation by citizens (a) Matters of local concern (b) County Commission. See: BOARD OF COUNTY COMMISSIONERS County departments. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY Creation and review of boards Appointment process Independent Review Panel et seq. Standards, generally et seq. Cultural Affairs Council et seq. See: CULTURAL AFFAIRS COUNCIL Dial-a-life program board Discrimination; general provisions Commission on Human Rights established A-4, 11A-5 Film and Entertainment Advisory Board Publicly-owned or controlled property Film production on et seq. General provisions applicable to County personnel. See: OFFICERS AND EM- PLOYEES Governmental units capital improvement projects reports et seq. See: GOVERNMENTAL UNITS CAPI- TAL IMPROVEMENTS PROJ- ECTS REPORT 7580

371 CODE INDEX CABLE AND COMMUNICATIONS SER- VICES PROVIDERS (Cont'd.) Initial and expansion licenses Public hearings Initial licenses Notice and comment period for... License service area, expansion of... Licensees access to easements Unlawful to interfere with Nonexclusive and restricted license, as to Renewal of license Required Term, duration of license Terms and conditions Changes to Transfers Lock-out devices Name and scope Office and telephone availability Outages and service calls Penalties. See herein: Violations Performance and payment bond, permanent Performance evaluation Performance tests. See herein: Inspections Permanent performance and payment bond Permits Licensing provisions. See herein: Licenses Prior approval by County Privacy/use of data Public buildings Service to Public, educational and government access channels Communications services regulations Audits Amounts due prior to October 1, 2000 Inspection of records Civil penalties Communications services providers not providing communications services directly to the public Communications services tax Consumer protection Continuing police powers Definitions Director Appeals of action, decisions or determination of the director; judicial review Authority of the director Director's settlement authority Future rules by the director Enforcement procedure; remedies; attorney's fees; costs Faithful performance and payment bond Section 8AA-7 8AA-6 8AA-12 8AA AA-10 8AA-13 8AA-3 8AA-8 8AA-11 8AA-14 8AA-44 8AA-1.1 8AA-57 8AA-58 8AA-24 8AA-68 8AA-24 8AA-32 8AA-60 8AA-48 8AA-50 8AA AA-105 8AA-135 8AA AA-104 8AA-129 8AA-128 8AA-100 8AA-134 8AA-132 8AA-133 8AA-131 8AA-136 8AA-125 CABLE AND COMMUNICATIONS SER- VICES PROVIDERS (Cont'd.) Insurance License Issuance of registration Registration required Failure to enforce registration Notice of transfers, sales or assignments of assets in public rightsof-way Registration application procedure; information required Rights granted by registration Term and renewal Termination of registration Service to the county Community antenna television systems... See: COMMUNITY ANTENNA TELE- VISION SYSTEMS Local communications services tax See: TAXATION Public rights-of-way regulations for communications services providers Abandonment of facilities Compliance with applicable laws and ordinances County's right to inspect Definitions Emergency, liability, indemnification; liability in case of emergency Intent and purpose Joint or common use of poles Location/relocation of facilities No property rights conveyed Other agreements, permits and easements requirements Protection of County property Protection of underground utilities..... Removal and restoration; removal required Reservation of rights Restoration required Right to use easement and streets not warranted Safety Technical standards Unauthorized work Use of County public rights-of-way; construction requirements; alteration of the system; access by county... Work in the right-of-way Purpose of provisions Rates. See herein: Charges and Rates Records and reporting requirements... Additional reports Annual reports Audit and inspection of records, books, etc Quarterly reports Refunds Section 8AA-124 8AA-109 8AA-101 8AA-130 8AA-110 8AA-107 8AA-102 8AA-103 8AA-127 8AA-123 8A-125 et seq et seq. 8AA-166 8AA-153 8AA-157 8AA-150 8AA-165 8AA-151 8AA-158 8AA-159 8AA-156 8AA-155 8AA-164 8AA AA-167 8AA AA-168 8AA-154 8AA-161 8AA-162 8AA-163 8AA-152 8AA-160 8AA-1 8AA-52 8AA-56 8AA-54 8AA-55 8AA-53 8AA

372 MIAMI-DADE COUNTY CODE CABLE AND COMMUNICATIONS SER- VICES PROVIDERS (Cont'd.) Remedies. See herein: Violations Resident company and agent Insurance policy provisions Restoration. See herein: Removal and Restoration Right-of-way Easements, rights to use. See herein that subject Rights reserved to County Service, providing Broad categories of programming... Confiscation Continuity of service County communications facilities... Discontinuing or denying service.... Discriminatory practices Emergency alert capability Equipment for the hearing impaired Installations, outages and service calls Leased access channels Lock-out devices Public buildings, service to Termination, right of termination... Signal standards Standards. See herein specific subjects Standby power Streets Easements. See herein that subject Suits, actions, etc. County's right of intervention Tampering. See herein: Theft, Vandalism, Tampering Technical standards Telephone availability and office requirement Termination Procedures for termination Right of termination Tests. See herein: Inspections Theft, vandalism, tampering Uniform rights-of-way ordinance Utilities Poles. See herein that subject Vandalism. See herein: Theft, Vandalism, Tampering Violations Appeals Civil damages Confiscation County's right of intervention Force majeure Prima facie evidence Punishment Remedies nonexclusive Theft, vandalism, tampering Uniform rights-of-way ordinance.... Workers' compensation insurance Section 8AA-22(a) 8AA-18 8AA-43 8AA-66 8AA-75 8AA-49 8AA-62 8AA-63 8AA-47 8AA-41 8AA-58 8AA-46 8AA-44 8AA-48 8AA-71 8AA-38 8AA-42 8AA-78 8AA-39 8AA-57 8AA-72 8AA-71 8AA-64 8AA-70 8AA-76 8AA-67 8AA-66 8AA-78 8AA-77 8AA-65 8AA-67 8AA-67 8AA-64 8AA-70 8AA-21(a)(1) CAFES, CAFETERIAS, ETC. Business tax receipts. See also that subject Local A-171 et seq. Unincorporated areas A-224 et seq. Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Food service establishments hygiene standards B-11 et seq. See: FOOD AND FOOD SERVICES Kosher food filing requirements A-265 Public accommodations, discrimination provisions A-19 et seq. See: DISCRIMINATION Uniform meat identification A-251 et seq. See: UNIFORM MEAT IDENTIFICA- TION CALF, VEAL, BEEF, ETC. Uniform trade standards See: BUSINESS REGULATIONS 8A-65 et seq. CAMERA SHOPS Construction financing D-1 et seq. See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Secondhand dealers regulations See: SECONDHAND DEALERS CAMP FIRES Forest protection requirements CAMPAIGN SOLICITATIONS Voter solicitation at polling places, etc See: ELECTIONS CAMPING Department of Parks and Recreation rules and regulations et seq. See: PARKS AND RECREATION Overnight camping, prohibition on CAMPING TRAILERS Mobile homes, construction etc., generally See: MOBILE HOMES AND MOBILE HOME PARKS Zoning ordinances and requirements. See: ZONING Section 19A-1 et seq. CAMPUS Loitering See: LOITERING CANALS Department of Parks and Recreation rules and regulations et seq. See: PARKS AND RECREATION Obstructions to watercourses See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES 7596

373 CODE INDEX Section CONTRACTORS (Cont'd.) Specialty building contractor (H) Sub-building contractor (C) Sub-general building contractor (B) Construction Trades Qualifying Board Administrative suspension Certificate holders maintaining qualification Revocation upon failure to maintain certificate Discipline, review of adverse decisions Procedure for imposition Grounds for discipline, penalties and enforcement Settlement agreements Continuing education Contractor's certificate Affirmative conditions required (D) Applications (A) Fee (B) Information required with application (B) Manner of obtaining Notice of examination (C) Qualifying agent, responsibilities of. 10-6(E) Countywide license fee schedule Engaging in business, certificate, etc., required Examinations. See also herein that subject Fees Schedule for Countywide license Share of fees to participating municipalities Forms to be furnished by County Insurance requirements Issuance of certificates Correction of errors in, procedure Issuance of occupational licenses Certificates prerequisite to Issuance of unrestricted certificates Masters, journeymen and maintenance personnel Certificates nontransferable; term; renewal Reactivation and status of certificates; conditions of renewal Continuing education Examinations Conduct of and general standards 10-8 Notice Provision for language difficulty Reexamination Special standards Motion picture, television producers Exemptions Municipalities Forms furnished by County Notice of desire to participate Section CONTRACTORS (Cont'd.) Pro rata formula annual revision Valid throughout County, etc Withdrawal from participation Occupational license Valid throughout County Participating municipality Annual revision of pro rata formula Persons without certificate representing selves as contractors Publication of advertising without certification number Required Restricted certificates Effect of Eligibility in exchange for Revocation upon failure to maintain Scope of work (II) Settlement agreements Unrestricted certificates, issuance Vehicles, identification Code enforcement boards, as to Commission of Inquiry et seq. See: COMMISSION OF INQUIRY Community Small Business Enterprise Program Construction Trades Qualifying Board Application Authority concerning applicants, etc (G) Appointment (A) Chairman, Vice-Chairman, other officers (C) Compensation (A) Meetings (D) Membership (A) Organization of Board (C) Qualification (A) Rules, promulgating (F) Secretary (A) Terms of office (B) Vacancies (B) Witness, examining (F) Continuing education Contractors Bidding on public projects. See herein that subject Prohibited acts and omissions Definitions Disclosure required Discrimination Contracting, procurement bonding and financial services activities A-38 et seq. See: DISCRIMINATION Drug-free workplace requirements Contractors and entities transacting business with Miami-Dade County Enforcement Examinations Fees Refund of

374 MIAMI-DADE COUNTY CODE CONTRACTORS (Cont'd.) Independent contractors Classified service exceptions Journeyman, master maintenance man, etc. Prohibited acts and omissions Licenses. See herein: Certificates of Competency and Licenses Liens Disclosure required Motion pictures Exemptions re Municipalities Bidding on public projects. See herein that subject Certificate of competency, reciprocity provisions. See herein: Certificates of Competency and Licenses Permits Qualifications for obtaining Prohibited acts and omissions Fees, refund of Journeyman, master maintenance man, etc Residential repair, alteration, addition or remodeling of a residential structure Required provisions and disclosures in contracts for Television producers Exemptions re CONTRACTOR'S WASTE Solid waste management See: SOLID WASTE MANAGEMENT Section 15-1 et seq. CONTRACTS, AGREEMENTS AND PUR- CHASES Additional information required from bidders or proposers seeking to demonstrate that joint venturer DBEs, BBEs, HBEs, WBEs, CBEs, CSBEs Agency authorized to acquire real property Anti-bid shopping measures Additional sanction for failure to meet DBE goal Appraisers required for purchases, sales and leases Aviation department; county manager's authority as to contracts for Benches and shelters (public and bus passengers) et seq. See: BENCHES AND SHELTERS (Public and bus passengers) Bid requirement for certain purchases (b) Bidding on public projects Contractors requirements Bids from related parties and bid collusion for the purchase of goods and services, leases, permits, concessions and management agreements Black Business Enterprise Program Section CONTRACTS, AGREEMENTS AND PUR- CHASES (Cont'd.) Building Better Communities General Obligation Bond Program Funds Projects funded by Procurement policy re Classified service exceptions Collusion, various provisions (d) et seq. Community antenna television systems... 8A-125 et seq. Community development block grant funds Administration Federal community development block grant and home funds Competitive bids Rules and procedures Conflict of interest and code of ethics ordinance Construction financing D-1 et seq. See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Contractors and entities transacting business with County Disclosure requirements (d) Contracts providing external auditing services Contracts relating to North Terminal Development Project at Miami International Airport Mayor's authority County bond transactions Competitive bidding requirements County construction contracts Wage rates, bidding requirements, etc County contract Additional information required from bidders or proposers seeking to demonstrate that joint venturer DBEs, BBEs, HBEs, WBEs, CBEs, CSBEs or small or local businesses will perform a commercially useful function in the work of a County contr County employees, departmental personnel Prohibition on performing contract-related duties (x) Dade County Advisory Board for Minority and Women-Owned Businesses , Disclosing specified information; protection of persons et seq. See: DISCLOSURE 7610

375 CODE INDEX EATING ESTABLISHMENTS (Cont'd.) Pending offenses, jurisdiction as to Fines, costs, etc., disposition Uniform Penal Code et seq. Village of Biscayne Park Adopted Jurisdiction Penal codes of certain municipalities Provisions reserved et seq. Providing police protection Metro-Dade Police Department powers and duties Public accommodations, discrimination provisions A-19 et seq. See: DISCRIMINATION Public Health Department powers and duties See: HEALTH AND SANITATION Publicly-owned or controlled property Film production on et seq. Safe neighborhood improvement districts Sale of public property Conflict of interest and code of ethics ordinance Sale of public property by Superseded ordinances Firearms and weapons re licenses, offenses, etc et seq. See: FIREARMS AND WEAPONS Traffic re authority (g) Uniform meat identification A-251 et seq. See: UNIFORM MEAT IDENTIFICA- TION Urban renewal A-1 et seq. See: URBAN RENEWAL Various traffic regulations delegated to. See: TRAFFIC Works of art in public places Zoning ordinances and requirements. See: ZONING ECONOMIC ADVOCACY TRUSTS. See: MI- AMI-DADE ECONOMIC ADVOCACY TRUST ECONOMIC AND SOCIAL NEEDS Comprehensive Development Master Plan 23A-1 ECONOMIC GROUPS Community Relations Board See: COMMUNITY RELATIONS BOARD et seq. ECONOMIC STIMULUS ORDINANCE Regulations ECOSYSTEMS Areas of critical environmental concern... See: AREAS OF CRITICAL ENVIRON- MENTAL CONCERN Section 33B-1 et seq. EDUCATION CATV channel reservation, etc A-131 Commission for the Status of Women et seq. Cultural Affairs Council et seq. Driver education safety trust fund Educational channels CATV channel reservation, etc A-131 Educational facilities Miami-Dade County Educational Facilities Authority et seq. See: DADE COUNTY EDUCATIONAL FACILITIES AUTHORITY Educational institutions Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Public schools. See: SCHOOLS Zoning ordinances and requirements. See: ZONING EDUCATIONAL FACILITIES IMPACT FEE (Chapter 33K) Appeal of administrative decisions K-14 Applicability K-1 Assessment and payment of fee K-7 Benefit districts and trust funds K-10 Use of funds K-11 Computation of fee amount K-6 Conclusions K-2 Credits K-9 Definitions and rules of constructions K-3, 33K-4 Exemptions K-8 Expenditures re K-12 Findings K-2 Imposition of fee K-5 Manual (educational facilities impact fee manual) and periodic review K-15 Purpose K-2 Refund of impact fees paid K-13 Short title K-1 Vested rights K-16 EGRESS AND INGRESS Dade County housing standards See: HOUSING (Metropolitan Dade County) ELDERLY PERSONS, HOMES FOR THE AGED Adult group homes See: ADULT GROUP HOMES Citizens' Transportation Advisory Committee See: CITIZENS' TRANSPORTATION ADVISORY COMMITTEE Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION Elderly adult congregate living facilities Zoning ordinances and requirements. See: ZONING Section 17-1 et seq et seq et seq. 11A-1 et seq. 7631

376 MIAMI-DADE COUNTY CODE Section ELDERLY PERSONS, HOMES FOR THE AGED (Cont'd.) Homes for the aged and infirm Construction financing D-1 et seq. See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Smoking nuisances A-7 et seq. Sanitary nuisances. See: NUISANCES Public Welfare Department powers and duties Zoning ordinances and requirements. See: ZONING ELECTIONS Absentee ballots Availability for presidential elections Campaigning reporting requirement Bond issuance et seq. See: BONDS Candidates for public office Conflict of interest and code of ethics ordinance Endorsement of such candidates for office Solicitation of payments and offers, etc Payment or offers of payment re prohibited Qualification papers, receipt, examination, etc Restrictions on endorsement by boards (c) Solicitation of payments from candidates and offer of payments, etc Voter solicitation at polling places Civil service for County employees Variance provisions relative to elected officers et seq. See: OFFICERS AND EMPLOYEES Classified service exceptions Community councils; membership Elected council members (A) Contributions or expenditures Campaign contributions and expenditures Reporting of independent expenditures Creole translations in voting booths Election campaign financing trust Election clerks, deputy custodians, inspector, etc. Duties Electronic posting Electronic reporting Ethical campaign practices ordinance Franchise ordinances App. C Future municipalities' elections General obligation bond issuance et seq. See: BONDS Initiative petitions Section ELECTIONS (Cont'd.) Initiative, referendum, recall petitions; verification of signatures Disqualification of non-complying petitions; prohibition on improper signature gathering practices Lobbying activities; approval Mail ballot election procedures Municipal boundary changes et seq. See: MUNICIPALITIES Officers and employees, duties Ordinances creating and changing municipalities and boundaries Apps. A, B Penalties Political activities of personnel Polling places Voter solicitation at Reports to the Board Ronald Reagan Equestrian Center Council F Special elections, requirements Special taxing districts et seq. See: IMPROVEMENT AND SPECIAL- PURPOSE DISTRICTS Straw ballots Technical assistance Use of ballot position numbers Vacancies in elected office Classified service exceptions ELECTRICITY Blasting operations in vicinity See also: UTILITIES Building inspectors, plans examiners, building officials, chief inspectors and special inspectors Electrical inspector Appointment, powers and duties of chief electrical inspector, electrical inspector, and electrical plans examiner Contractors, electrical Contractor's certificate of competency and licenses, etc et seq. See: CONTRACTORS Electrical sign contractors Contractor's certificate of competency and licenses, etc et seq. See: CONTRACTORS Equipment, electrical Aviation Department rules and regulations et seq. See: AVIATION DEPARTMENT Franchise, electric Municipal boundary changes et seq. See: MUNICIPALITIES Mobile homes, construction, etc., generally 19A-1 et seq. See: MOBILE HOMES AND MOBILE HOME PARKS Motors, electric Secondhand dealers regulations

377 CODE INDEX Section ENGINEERS. See also: U.S. ARMY CORPS OF ENGINEERS (Cont'd.) Community Business Enterprise Program for Public Works Department functions and duties Standards for Construction of county buildings, roads, bridges and causeways et seq. See: STANDARDS FOR CONSTRUC- TION OF COUNTY BUILDINGS, ROADS, BRIDGES AND CAUSE- WAYS ENGRAVINGS Works of art in public places Finances, trusts, arrangements, etc ENTERPRISE ZONES Business tax receipt exemptions A Unincorporated areas A Metropolitan Dade County Enterprise Zone Advisory Council et seq. See: METROPOLITAN DADE COUNTY ENTERPRISE ZONE ADVISORY COUNCIL Property tax exemptions et seq. See: TAXATION ENTERTAINMENTS Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Bombings and threats et seq. See: BOMBINGS AND THREATS Center for the Fine Arts et seq. See: CENTER FOR THE FINE ARTS Cultural Affairs Council et seq. See: CULTURAL AFFAIRS COUNCIL Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Obscene materials or performances Public accommodations, discrimination provisions A-19 et seq. See: DISCRIMINATION Public dance halls, conduct regulated in Super Bowl Committee, et seq. See: SUPER BOWL COMMITTEE (1989) Truth in live entertainment et seq. See: AMUSEMENTS AND AMUSE- MENT PLACES ENVIRONMENTAL PROTECTION Abnormal occurrences Air quality Adoption by reference of Federal exceptions Certain products prohibited Dust and fumes Fire extinguishing systems using halon Incinerator burning Oil-effluent water separator Section ENVIRONMENTAL PROTECTION (Cont'd.) Open burning Exceptions to prohibition against open burning Generally Prohibitions against air pollution Prohibitions against motor vehicles as sources of air pollution Reduction of animal matter Refrigerants Sale and manufacture of products which use an ozone-depleting compound as a propellant or source of energy Sampling and testing Spraying of substances containing asbestos Storage and handling of petroleum products Sulfur dioxide Appeals from actions or decision of Director, Miami-Dade County Department of Environmental Resources Management Application and time for compliance Areas of critical environmental concern... 33B-1 et seq. See: AREAS OF CRITICAL ENVIRON- MENTAL CONCERN Biscayne Bay management D-1 et seq. See: BISCAYNE BAY MANAGEMENT Certificate of occupancy Circumvention unlawful Construction of waste water facility or air pollution abatement facility, or potable water facility Conveyances for scenic outdoor recreational, etc., purposes B-11 et seq. See: PARKS AND RECREATION Declaration of legislative intent Definitions Director, Miami-Dade County Department of Environmental Resources Management Office created; appointment; term; exempt from classified service and merit system; compensation; assistants; operating procedures Dumps and landfill sites B-1 et seq. See: SOLID WASTE MANAGEMENT Enforcement Civil liability; joint and several liability; attorneys' fees Nuisance prohibited Nuisances injurious to health (sanitary nuisances) Penalties generally Procedure, remedies Environmental Quality Control Board Duties and powers Generally

378 MIAMI-DADE COUNTY CODE Section ENVIRONMENTAL PROTECTION (Cont'd.) Flood Hazard District development C-1 et seq. See: FLOOD HAZARD DISTRICT DE- VELOPMENT Green business certification program A-417 et seq. See: BUSINESS REGULATIONS Information concerning processes shall be confidential Injunctions, stop orders, etc. Contempt powers Issuance of stop orders; injunctions; standards of service Natural and biological environmental resources permitting and protection; regulation of drainage systems and stormwater management Environmentally endangered lands program Acquisition list Considerations for evaluating lands for acquisition and management; EEL Program Manual Definitions Environmentally Endangered Lands Trust Funds Established Land Acquisition Selection Committee Legislative intent Management plan and use of environmentally endangered lands Nomination of acquisition proposals Procedure for selection of acquisition proposals for placement on acquisition list Property eligible for acquisition and management Purpose Responsibilities of manager Title Tree preservation and protection Permits Generally Issuance, confirmation of natural forest community maps, existing permits, approvals and consent agreements Permit fees; schedule Permits for tree removal and relocation, improperly issued permits, violation of permit conditions, exemptions from tree removal permits; mortgagee exemption from liability Preliminary review of projects involving tree removal or relocation Prohibited plant species and controlled plant species Replacement requirements for tree removal Section ENVIRONMENTAL PROTECTION (Cont'd.) Review and evaluation of permit applications, natural forest community standards, specimen tree standards Tree protection requirements during construction Tree relocation standards Work in canal rights-of way, tidal waters, submerged bay-bottom lands, and wetlands; dewatering; construction of drainage systems Bird Drive Everglades Wetland Basin Plan Biscayne Bay and environs designated aquatic park and conservation area Comprehensive environmental impact statement Filing of statement of completion of permitted work; exemptions; release of bonds; forfeiture of bonds Inspection of permit work; notice of failure to comply with approved plans and specifications Maintenance of permitted work; abatement of hazardous conditions Mitigation plans for projects otherwise acceptable but having adverse environmental impact North Trail Basin Plan Permits Application forms; procedures Classifications; interpretation as to permit requirement, fee; determination of wetlands Factors for evaluation of permit applications; incomplete permit applications Issuance Judicial review of decisions concerning permits Owner-builder permits in lieu of owner-contractor permits Permit fees Schedule Waiver Permit issuance; waiver of bonding requirements Required Expedited administrative authorizations; exceptions; work standards; compliance, suspension Suspension, revocation, modification, change of permit; notice Transfer of permits Procedure governing variances for prohibited floating structures and prohibited fixed structures

379 CODE INDEX Section ENVIRONMENTAL PROTECTION (Cont'd.) Prohibition of floating structures Prohibition of non-water-dependent fixed structures Prohibition of top pruning of mangrove trees Section

380

381 CODE INDEX HOTELS (Cont'd.) Housing discrimination practices, etc A-11 et seq. See: DISCRIMINATION Kosher food filing requirements A-265 Metropolitan Dade County Tourist Development Council et seq. See: METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT COUNCIL Minors, offenses re et seq. See: MINORS Solid waste management et seq. See: SOLID WASTE MANAGEMENT Super Bowl Committee, et seq. See: SUPER BOWL COMMITTEE (1989) Tourist development room tax et seq. Vehicles for hire soliciting patronage restricted et seq. See: VEHICLES FOR HIRE Zoning ordinances and requirements. See: ZONING HOT TUBS. See: SWIMMING POOLS HOURS OF WORK Civil service rules See: OFFICERS AND EMPLOYEES HOUSE BOATS Watercraft generally See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES Zoning ordinances and requirements. See: ZONING HOUSE MOVING Zoning ordinances and requirements. See: ZONING Section 7.01 et seq. HOUSE TRAILERS Defined for traffic provisions (15) Mobile homes, construction etc., generally 19A-1 et seq. See: MOBILE HOMES AND MOBILE HOME PARKS Public Health Department powers and duties Riding in HOUSING AND URBAN DEVELOPMENT ADVISORY BOARD Creation, Director, Secretary, etc Functions (d) Membership (a) Removal members (c) Terms of office (b) HOUSING AND URBAN DEVELOPMENT DEPARTMENT Created Director Powers of Employees Legislative intent, declaration Section HOUSING AND URBAN DEVELOPMENT DEPARTMENT (Cont'd.) Organization HOUSING (City of Miami) (Note Minimum housing standards) Appeals Housing Appeals Board. See herein that subject Minimum Housing Enforcement Officer Appeals from actions or decisions of Applicability Basic equipment and facilities Minimum standards Construction Definitions Dwellings and dwelling units Maintenance of nondwelling structures and fences Safety and sanitary maintenance requirements Unfit for human habitation Procedures for designating, placarding, etc Emergencies Power to act in Enforcement Minimum Housing Enforcement Officer. See herein that subject Recovery of enforcement costs Exceptions to provisions Fences, maintenance Hearing Officer's additional duties in City of Miami Hotels and rooming houses Minimum standards Unfit for human habitation Procedures for placarding, designation, etc Inspections Authorization Minimum Housing Enforcement Officer, duties Judicial review Legislative findings Legislative intent Light and ventilation Minimum standards Location Minimum space, use and location requirements Lodging houses. See herein: Hotels and Rooming Houses Minimum Housing Enforcement Officer Appeals from actions or decisions Appointment Classified service exemption Conflict of interest Duties Emergency powers

382 MIAMI-DADE COUNTY CODE Section HOUSING (City of Miami) (Cont'd.) Hindering or obstructing Identification of Inspections authorized Powers Recovery of enforcement costs Salary Term Violations, notice See also herein: Violations Minimum space, use and location requirements Minimum standards. See herein specific subjects as indexed Nondwelling structures and fences Maintenance Notice of violations. See herein: Violations Owners and occupants Responsibilities of Remedies Existing remedies reserved Remedies for enforcement agreements Repeal clause Rooming houses. See also herein: Hotels and Rooming Houses Unfit for human habitation Designation and procedures for placarding Safety and sanitary maintenance Dwellings and dwelling units Short title Space Minimum space, location and use requirements Standards. See herein specific subjects as indexed Use Minimum space, use and location requirements Ventilation and light Minimum standards Violations Notice Notice as final order Recording of final order Words and phrases construed HOUSING CIVIL RIGHTS OVERSIGHT BOARD Applicability of federal, state and county laws Composition Creation and purpose Legal counsel Organization, procedure and orientation Powers and duties Staff support Terms, reappointment, vacancies and attendance Section HOUSING FINANCE AUTHORITY Amendments to structure, programs, etc. Generally Appointments Evidence of Authority outside County Authority to act Composition of members Countywide authority Creation Dade County Housing Finance Authority Savings Bank Determination of programs Employees Jurisdiction Legislative authority Legislative findings Powers generally Terms of members Vacancies, filling HOUSING (Generally) Affordable housing Refinancing of loans made to developers Affordable housing trust fund et seq. See: AFFORDABLE HOUSING Code enforcement boards, as to Commission of Inquiry et seq. See: COMMISSION OF INQUIRY Community affordable housing strategies alliance Applicability of county rules and procedures Creation Meetings Membership requirements; appointment of members; terms; removal Organization Powers and duties Reports Condominium conversions Developments in incorporated areas A-1 et seq. See: DEVELOPMENTS IN INCORPO- RATED AREAS CREATING COUNTY IMPACT Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Flood Hazard District development C-1 et seq. See: FLOOD HAZARD DISTRICT DE- VELOPMENT Historic preservation A-1 et seq. See: HISTORIC PRESERVATION Housing discrimination practices, etc A-11 et seq. See: DISCRIMINATION Housing for low and moderate income, etc., persons Affordability controls Eligibility of households for eligible housing

383 CODE INDEX Section HOUSING (Generally) (Cont'd.) Enforcement Reports to the Board of County Commissioners Zoning ordinances and requirements. See: ZONING Infill housing initiative Acquisition Definitions Development Forgiveness of county liens Identifying property for infill housing Policies; procedures Rental of property Title; purpose Transfer, sale of property Local housing assistance program Administration and implementation of program Affordable housing advisory board Composition (c) Creation and designation (a) Duties and powers (g) Additional SHIP duties (h) Membership; compensation (b) Organization and procedure Applicability of County rules and procedures (f)(5) By-laws, rules and regulations (f)(2) Committees (f)(4) Meetings (f)(3) Officers (f)(1) Qualification (e) Reporting requirements (i) Terms of office, tenure and removal of members (d) Definitions Establishment of program Down Payment Assistance (b) Home Buyer Counseling and Technical Assistance (e) Homeownership Assistance (d) Housing Acquisition/Rehabilitation (c) Housing Development Assistance (a) Other strategies/components (f) Liberal construction to effectuate public purpose Local housing assistance trust fund Local housing partnership Staff support Mobile home demolition and debris removal re Hurricane Andrew C-1 et seq. See: MOBILE HOMES AND MOBILE HOME PARKS Mobile homes, construction etc., generally 19A-1 et seq. See: MOBILE HOMES AND MOBILE HOME PARKS Numbering buildings Zoning ordinances and requirements. See: ZONING Section HOUSING (Generally) (Cont'd.) Public nuisances on leased property Aiding in the maintenance of a nuisance penalized Definitions Exercise of police power Intent Legislative findings Tenant's obligation to maintain dwelling unit Termination Rental agreements, extension of Right of tenants to prevent grievances Service Concurrency Management Program G-1 et seq. See: SERVICE CONCURRENCY MAN- AGEMENT PROGRAM Urban renewal A-1 et seq. See: URBAN RENEWAL Vacant structures standards Appeals Minimum Housing Enforcement Officer; decisions, etc A-15 Applicability A-3 Construction and applicability A-3 Definitions A-5 Emergency powers of Enforcement Officer A-14 Enactment, authority A-1 Enforcement costs, recovery A-13.1 Inspections Vacant housing structures and vacant premises A-4 Judicial review A-17 Legislative findings and intent A-2 Minimum Housing Enforcement Officer Appeals from actions or decisions of. 17A-15 Conflict of interest A-7 Enforcement costs, recovery A-13.1 Hindering or obstructing A-13 Identification of A-7 Inspections. See herein that subject Powers Emergencies, in A-14 Generally A-6 Notice A-9 Final order A-10 Recording A-11 Purpose and intent A-18 Registration inspection and enforcement procedure A-20 Registration of single family dwelling units subject to foreclosure A-19 Remedies for enforcement A-13 Existing remedies preserved A-4 Repeal clause A-21 Short title A-1 Standards for maintenance and appearance of vacant structures, etc A

384 MIAMI-DADE COUNTY CODE Section HOUSING (Generally) (Cont'd.) Violations Notice A-9 Final order, notice as A-10 Words and phrases construed A-5 Water and sewer regulations generally et seq. See: WATER AND SEWERS Zoning ordinances and requirements. See: ZONING HOUSING (Metropolitan Dade County) Animals and pets General provisions for animals. See: AN- IMALS AND FOWL Owners and occupants responsibilities Appeals. See herein: Minimum Housing Appeals Board Applicability Basic equipment and facilities Minimum standards for (Note Minimum housing standards) Community affordable housing strategies alliance et seq. See: HOUSING (Generally) Consent agreements Construction Cost increase Mechanism to mitigate cost increases Definitions Dwellings, hotels and rooming houses Designation of dwellings, hotels and rooming houses Maintenance of nondwelling structures, etc Safe and sanitary maintenance requirements Unfit for human habitation, etc. Exceptions Placarding procedures, etc Enforcement Minimum Housing Enforcement Officer. See herein that subject Recovery of enforcement costs Exceptions to provisions Fences, maintenance Garages, car ports, cabanas, storage buildings, etc. Maintenance Hearing officer a Hotels and rooming houses Minimum standards Housing cost impact analysis Judicial review Legislative findings Legislative intent Liens Established for recovery of enforcement costs Light and ventilation Minimum standards Section HOUSING (Metropolitan Dade County) (Cont'd.) Location. See herein: Minimum Space, Use and Location Requirements Lodging houses Minimum standards Maintenance Requirements re safe and sanitary maintenance Minimum Housing Enforcement Officer Appeals from actions or decisions of Appointment, term Authorized inspections Classified service exemption Conflict of interest Emergency powers Enforcement costs, recovery Hindering, obstructing, enforcement remedies, etc Identification Office established Powers Emergencies, in Generally Salary Violations, notice Notice as final order Recording of final order Minimum space, use and location requirements Minimum standards. See herein specific subjects as indexed Motels Minimum standards for hotels and rooming houses Nondwelling structures and fences Maintenance Owners and occupants Responsibilities Remedies Consent agreements Enforcement remedies Existing remedies preserved Repeal clause Rooming houses and hotels Minimum standards Safe and sanitary maintenance of dwellings, etc. Requirements re Short title Standards. See herein specific subjects as indexed Use. See herein: Minimum Space, Use and Location Requirements Ventilation. See herein: Light and Ventilation Words and phrases construed

385 CODE INDEX Section HOUSING (Vacant structures standards) Appeals Minimum Housing Enforcement Officer; decisions, etc A-15 Applicability A-3 Construction and applicability A-3 Definitions A-5 Emergency powers of Enforcement Officer 17A-14 Enactment, authority A-1 Enforcement costs, recovery A-13.1 Inspections Vacant housing structures and vacant premises A-4 Judicial review A-17 Legislative findings and intent A-2 Minimum Housing Enforcement Officer Appeals from actions or decisions of... 17A-15 Conflict of interest A-7 Enforcement costs, recovery A-13.1 Hindering or obstructing A-13 Identification of A-7 Inspections. See herein that subject Powers Emergencies, in A-14 Generally A-6 Notice A-9 Final order A-10 Recording A-11 Purpose and intent A-18 Registration inspection and enforcement procedure A-20 Registration of single family dwelling units subject to foreclosure A-19 Remedies for enforcement A-13 Existing remedies preserved A-4 Repeal clause A-21 Short title A-1 Standards for maintenance and appearance of vacant structures, etc A-16 Violations Notice A-9 Final order, notice as A-10 Words and phrases construed A-5 Section HUB CAPS Secondhand dealers regulations HUMAN RELATIONS Community Relations Board et seq. HUMAN RIGHTS Commission for the Status of Women et seq. Commission on Human Rights A-4 Dade County Advisory Board for Minority and Women-Owned Businesses , Hispanic business enterprise program Women business enterprise program HUNTING Department of Parks and Recreation rules and regulations See: PARKS AND RECREATION 26-1 et seq

386

387 CODE INDEX LOTS (Cont'd.) Sweeping or dumping litter, etc., regulated See: SOLID WASTE MANAGEMENT Zoning ordinances and requirements. See: ZONING LOUDSPEAKERS Noises, unnecessary and excessive See: NOISES Sound trucks LOUNGES Public accommodations, discrimination provisions See: DISCRIMINATION LUBRICATING OIL Aviation Department rules and regulations See: AVIATION DEPARTMENT LUNCH STANDS Construction financing See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES LUNCHROOMS Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION Food service establishments hygiene standards See: FOOD AND FOOD SERVICES M 11A-19 et seq et seq. 8D-1 et seq. 11A-1 et seq. 14B-11 et seq. MAD DOGS Vaccination of dogs against rabies Dogs generally. See: ANIMALS AND FOWL MAGAZINES Explosives re storage and blasting regulations See: EXPLOSIVES AND BLASTING AGENTS 13-1 et seq. MAILBOX Mail ballot election procedures Parking near rural mailbox MAIN HIGHWAY Standards for Construction of county buildings, roads, bridges and causeways.. See: STANDARDS FOR CONSTRUC- TION OF COUNTY BUILDINGS, ROADS, BRIDGES AND CAUSE- WAYS Section 9-1 et seq. MALLS AND SHOPPING CENTERS Zoning ordinances and requirements. See: ZONING MANAGEMENT PROGRAM Service Concurrency Management Program See: SERVICE CONCURRENCY MAN- AGEMENT PROGRAM 33G-1 et seq. MANAGERS County Manager See: COUNTY MANAGER MANGOES Bulk sales See: BUSINESS REGULATIONS MANGROVES Environmental protection See: ENVIRONMENTAL PROTECTION Flood Hazard District development See: FLOOD HAZARD DISTRICT DE- VELOPMENT 8A-51 et seq et seq. 11C-1 et seq. MANHOLES Safety requirements MANUFACTURED GAS Utility tax provisions See: TAXATION et seq. MANUFACTURED HOUSING See also: MOBILE HOMES AND MOBILE HOME PARKS Villa development district requirements et seq. See: ZONING MANUFACTURING OR INDUSTRIAL PLANTS Business tax receipts. See also that subject Local Unincorporated areas Explosives re storage and blasting regulations See: EXPLOSIVES AND BLASTING AGENTS Industrial Development Authority See: INDUSTRIAL DEVELOPMENT AUTHORITY Manufacturing processes, waste from Sanitary nuisances generally See: NUISANCES Special taxing districts See: IMPROVEMENT AND SPECIAL- PURPOSE DISTRICTS MAPS. See: SURVEYS, MAPS AND PLATS Section 8A-171 et seq. 8A-224 et seq et seq et seq. 26A-2 et seq et seq. MAINTENANCE ELECTRICAL AND PLUMBING CONTRACTORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS 10-2 et seq. MARBLE EXTERIOR VENEER CONTRAC- TORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS 10-2 et seq. 7675

388 MIAMI-DADE COUNTY CODE MARGARINE AND BUTTER Uniform trade standards See: BUSINESS REGULATIONS Section 8A-65 et seq. MASTS AND POLES Zoning ordinances and requirements. See: ZONING Section MARINE LABORATORIES Construction financing See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES 8D-1 et seq. MARINE LIFE Code enforcement boards, as to Fish and marine life A-11 et seq. See: FISH AND MARINE LIFE Generally. See: WATERWAYS, WATER- CRAFT AND WATER FRONT STRUCTURES MARITAL STATUS Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION Discriminatory practices Cable and communications services providers provisions re A-1 et seq. 8AA-63 MARKERS Tampering with, injuring, etc (4) MARKINGS Graffiti MARQUEES, MARQUEE SIGNS Zoning ordinances and requirements. See: ZONING MASOCHISTIC INSTRUMENTS Torture materials, instruments or devices Promotion, delivery, possession, etc MASS TRANSIT VEHICLES Smoking, spitting in certain vehicles MATCHES Smoking prohibition Other fire prevention prohibitions. See: FIRE DEPARTMENT AND FIRE PREVENTION MATERIALS Contracts, agreements and purchases generally See: CONTRACTS, AGREEMENTS AND PURCHASES et seq. MATERNITY CARE Public Health Department powers and duties See: HEALTH AND SANITATION MAUSOLEUMS Business tax receipts. See also that subject Local Unincorporated areas Cemeteries. See also that subject Zoning ordinances and requirements. See: ZONING 8A-171 et seq. 8A-224 et seq. MAYOR OF METROPOLITAN MIAMI-DADE COUNTY Contracts relating to North Terminal Development Project at Miami International Airport Mayor's authority Elections Reports to the Board Emergency management Powers B-6 Investigations of criminal violations of law Transfer of Delegated Authority from County Manager to County Mayor MASS TRANSPORTATION Comprehensive Development Master Plan 23A-1 See: PLANNING MASTER PLAN Adoption et seq. See: PLANNING Biscayne Bay management D-1 et seq. See: BISCAYNE BAY MANAGEMENT Comprehensive Development Master Plan 23A-1 See: PLANNING Developments in incorporated areas A-1 et seq. See: DEVELOPMENTS IN INCORPO- RATED AREAS CREATING COUNTY IMPACT Service Concurrency Management Program G-1 et seq. See: SERVICE CONCURRENCY MAN- AGEMENT PROGRAM MEAL, GRITS AND FLOUR Uniform trade standards See: BUSINESS REGULATIONS MEAN SEA LEVEL Standards for Construction of county buildings, roads, bridges and causeways.. See: STANDARDS FOR CONSTRUC- TION OF COUNTY BUILDINGS, ROADS, BRIDGES AND CAUSE- WAYS MEAT AND MEAT PRODUCTS Kosher meat and other Kosher food products See: KOSHER MEAT AND OTHER KO- SHER FOOD PRODUCTS Uniform meat identification See: UNIFORM MEAT IDENTIFICA- TION 8A-65 et seq. 9-1 et seq. 8A-261 et seq. 8A-251 et seq. 7676

389 CODE INDEX MEAT AND MEAT PRODUCTS (Cont'd.) Uniform trade standards See: BUSINESS REGULATIONS MECHANICAL CONTRACTOR Building inspectors, plans examiners, building officials, chief inspectors and special inspectors Mechanical inspector Appointment, powers and duties.... Contractors certificate of competency and licenses, etc See: CONTRACTORS Section 8A-65 et seq (c) 10-2 et seq. Section MECHANICAL OR ELECTRONIC DEVICES Library rules of conduct and eviction procedure MECHANICAL SERVICE AND MAINTE- NANCE CONTRACTORS Contractors certificate of competency and licenses, etc See: CONTRACTORS 10-2 et seq. MECHANICS Wages on County contract projects MEDAL OF MERIT AWARD Created; implementation of program MEDIA COMMUNICATION, ETC. Community antenna television systems... See: COMMUNITY ANTENNA TELE- VISION SYSTEMS 8A-125 et seq

390

391 CODE INDEX MOBILE HOMES AND MOBILE HOME PARKS (Generally) Code enforcement boards, as to Convention development tax et seq. See: TAXATION Flood Hazard District development C-1 et seq. See: FLOOD HAZARD DISTRICT DE- VELOPMENT General mobile home provisions. See: MO- BILE HOMES (Chapter 19A) Hurricane rendering unhabitable. See: MO- BILE HOME PARKS (rendered unhabitable by hurricane) Public Health Department powers and duties Riding in house trailers Solid waste management et seq. See: SOLID WASTE MANAGEMENT Tourist development room tax et seq. Villa development district requirements et seq. See: ZONING Violations, penalty A-4 Zoning ordinances and requirements. See: ZONING MOBILE RADIO TRANSMITTERS Blasting operations in vicinity MOBILES Works of art in public places Finances, trusts, arrangements, etc MODEL AIRCRAFT Aviation Department rules and regulations See: AVIATION DEPARTMENT MODEL CITIES Greater Miami Youth Planning Council... See: YOUTH PLANNING COUNCIL (Greater Miami) 25-1 et seq et seq. MODEL GLUE Library rules of conduct and eviction procedure Sniffing. See: DRUGS AND MEDICINES MONEY Revenue of County generally. See: FI- NANCES MONROE COUNTY Reciprocal agreements, etc., relative to various boards. See specific boards, departments, committees, etc., as indexed Section MONUMENTS AND MARKERS Historic preservation A-1 et seq. See: HISTORIC PRESERVATION Subdivision improvements, design standards, construction, etc et seq. See: SUBDIVISIONS Tampering with, injuring, etc (4) "MOONLIGHTING" Outside employment by County employees 2-11 MOORING Dade County vessel mooring code Watercraft regulations generally See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES MORATORIUM Execution of water supply contracts See: WATER SUPPLY CONTRACTS MORTGAGE BROKERS Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION 7-31 et seq et seq et seq. 11A-1 et seq. MOSQUITO CONTROL County vessel mooring code provisions re Dumps and landfill sites B-1 et seq. See: SOLID WASTE MANAGEMENT Responsible property owner and merchant act et seq. See: RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT Sanitary nuisances generally A-2 et seq. See: NUISANCES MOTELS Business tax receipts. See also that subject Local Unincorporated areas Convention development tax See: TAXATION Dade County housing standards See: HOUSING (Metropolitan Dade County) Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION Employee's identification card Food service establishments hygiene standards See: FOOD AND FOOD SERVICES Housing discrimination practices, etc..... See: DISCRIMINATION Metropolitan Dade County Tourist Development Council See: METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT COUNCIL Minors, offenses re See: MINORS Public accommodations, discrimination provisions See: DISCRIMINATION Solid waste management See: SOLID WASTE MANAGEMENT Super Bowl Committee, See: SUPER BOWL COMMITTEE (1989) Tourist development room tax Section 8A-171 et seq. 8A-224 et seq et seq et seq. 11A-1 et seq. 8A B-11 et seq. 11A-11 et seq et seq et seq. 11A-19 et seq et seq et seq et seq. 7685

392 MIAMI-DADE COUNTY CODE MOTELS (Cont'd.) Vehicles for hire soliciting patronage restricted See: VEHICLES FOR HIRE Zoning ordinances and requirements. See: ZONING et seq. MOTION PICTURE THEATERS, SHOWS, ETC. Bombings and threats et seq. See: BOMBINGS AND THREATS Business tax receipts. See also that subject Local A-171 et seq. Unincorporated areas A-224 et seq. Center for the Fine Arts et seq. See: CENTER FOR THE FINE ARTS Certain exemptions relative to contractors Cultural Affairs Council et seq. See: CULTURAL AFFAIRS COUNCIL Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Motion picture recordings Aviation Department rules and regulations et seq. See: AVIATION DEPARTMENT Obscene materials or performances Public accommodations, discrimination provisions A-19 et seq. See: DISCRIMINATION Publicly-owned or controlled property Film production on et seq. Truth in live entertainment et seq. See: AMUSEMENTS AND AMUSE- MENT PLACES Use of public property, fees MOTOR HOMES Mobile homes, construction, etc., generally See: MOBILE HOMES AND MOBILE HOME PARKS Section 19A-1 et seq. MOTOR VEHICLES AND OTHER VEHI- CLES Air quality Prohibitions against motor vehicles as sources of air pollution Ambulance regulations et seq. See: AMBULANCES AND MEDICAL TRANSPORTATION VEHICLES Automobile liability insurance CATV liability and indemnification.... 8A-137 et seq. See: COMMUNITY ANTENNA TELE- VISION SYSTEMS Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Branch Auto Tag Agency et seq. See: AUTO TAG AGENCY Bumper stickers on rental cars prohibition 8A-2 Section MOTOR VEHICLES AND OTHER VEHI- CLES (Cont'd.) Burnt motor vehicles Owner's statement to the Miami-Dade County Fire Department Citizens' Transportation Advisory Committee et seq. See: CITIZENS' TRANSPORTATION ADVISORY COMMITTEE Code enforcement boards, as to Collision damage waivers on rental cars Limitation on charges, etc A-1 Commercial vehicle identification A-276 et seq. See: COMMERCIAL VEHICLE IDEN- TIFICATION Contractor's certificate of competency and licenses, etc et seq. See: CONTRACTORS County Auto Tag Agency et seq. See: COUNTY AUTO TAG AGENCY Cranes and hoisting equipment E-1 et seq. See: CRANES AND HOISTING EQUIP- MENT Dade County Advisory Committee on Ground Transportation Regulation et seq. See: DADE COUNTY ADVISORY COM- MITTEE ON GROUND TRANS- PORTATION REGULATION Driver education safety trust fund Florida litter and other applicable littering laws (e) For-hire passenger motor vehicles et seq. See: VEHICLES FOR HIRE Gasoline price signs A-4 et seq. Limousines, for-hire et seq. See: VEHICLES FOR HIRE Mass transit rules and regulations B-1 et seq. See: TRANSPORTATION Minibikes and go-carts Advertisement and sale of a et seq. Mobile homes, etc., use for housing A-3(i) Motor vehicle inspection system Public Works Department functions and duties Motor vehicle repair regulations Advertising Prohibition on publication of written advertisements without registration number A Appeals from actions, decisions or determinations of the Director A Application A Assurances of compliance A Attorneys fees A Certificates Denial, revocation and suspension.. 8A Complaint retention and handling A Compliance, assurances of A Conflict A Continuous operation, presumption of.. 8A

393 CODE INDEX MOTOR VEHICLES AND OTHER VEHI- CLES (Cont'd.) Deceptive practices Definitions Director's duties, functions and powers. Enforcement Exemptions Florida Motor Vehicle Repair Act Adoption by reference of portions of. Inspections Intent Items required for body repair facilities and paint facilities Items required for mechanical repair facilities Judicial review Mechanics and technicians Certification required; contents of application Destruction of registration, certificate or permit; replacement.... Display of certificate; certification number Examination and testing of Heavy duty trucks Repair work categories for specialty and master mechanic certifications re Limited authorization Loss of registration, certificate or permit; replacement Master mechanic certification Mechanic and technician certification; functioning as mechanic or technician after expiration date Mechanic apprentice permit Mutilation of registration, certificate or permit; replacement Paint/body apprentice permit Repair work categories Specialty and master mechanics required Specialty mechanic and paint/body technician certification Notice to customers Permits Denial, revocation and suspension.. Loss of permit; replacement Mechanic apprentice permit Paint/body apprentice permit Private cause of action Records Registration Application for registration Criterion for issuance Denial, revocation and suspension.. Required Remedies Section 8A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A MOTOR VEHICLES AND OTHER VEHI- CLES (Cont'd.) Rules regulating motor vehicles adopted by state pursuant to Section , Florida Statutes Adoption by reference of Unfair practices Violations and penalties Attorneys fees Civil penalties Criminal penalties Remedies Written analysis Motor vehicle title loans A A A A A A A A et seq. See: TITLE LOANS Noises, unnecessary and excessive Private security agencies; constables A-151 et seq. See: PRIVATE SECURITY AGENCIES; CONSTABLES Racing permits Repair regulations. See herein: Motor Vehicle Repair Regulations Repair work (motor vehicle) near State of Florida motor vehicle inspection stations; prohibition of solicitation of... 8A-7 Seaport security and operations A-1 et seq. See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES Solid waste collection and disposal business Vehicle liability insurance, etc Street corner automobile window washers Traffic and Transportation Department et seq. See: TRAFFIC AND TRANSPORTA- TION DEPARTMENT Traffic regulations generally et seq. See: TRAFFIC Transporting animals Used motor vehicle parts dealers, wreckers, etc et seq. See: USED MOTOR VEHICLE PARTS DEALERS, WRECKERS, ETC. Vehicle painted to resemble law enforcement vehicles MOTORBOATS. See also: BOATS, DOCKS AND WATERWAYS Watercraft generally Section 7.01 et seq. MOTORCYCLES Defined (22) Department of Parks and Recreation rules and regulations et seq. See: PARKS AND RECREATION Noises, unnecessary and excessive Racing permits Riding on et seq. 7687

394 MIAMI-DADE COUNTY CODE MOTORLESS AIRCRAFT (Gliders) Aviation Department rules and regulations See: AVIATION DEPARTMENT MOVING Miami-Dade County moving ordinance... See: BUSINESS REGULATIONS MOVING BUILDINGS Zoning ordinances and requirements. See: ZONING 25-1 et seq. 8A-325 et seq. MOVING EXPENSES New employees, payment for MOVING STAIRWAYS Aviation Department rules and regulations See: AVIATION DEPARTMENT 25-1 et seq. MUFFLERS Vehicle noise, prevention MULES Cruelty to animals, acts deemed MULTIPLE HOUSING Housing and Urban Development Department See: HOUSING AND URBAN DEVEL- OPMENT DEPARTMENT MUNICIPAL COURTS Code enforcement, procedures, etc See: CODE ENFORCEMENT Courts generally See: COURT OF APPROPRIATE JURIS- DICTION MUNICIPAL UTILITY Generally See: ELECTRICITY Section et seq. 8CC-1 et seq et seq et seq. MUNICIPALITIES Ambulance regulations et seq. Bidding on public projects et seq. See: CONTRACTORS Biscayne Bay management D-1 et seq. See: BISCAYNE BAY MANAGEMENT Boundary change procedure Annexing municipality's responsibilities for bond indebtedness County Commission, initiated by Countywide Significance, areas and Facilities of Electric franchise revenues, retention Enactment of ordinance to change boundaries Exception to filing and consideration of requests for annexation , Exception to filing and consideration of requests for incorporation Garbage and refuse collection and disposal; retention of Section MUNICIPALITIES (Cont'd.) Governing body of municipality, initiated by Individual or group, initiated by Initiation et seq. Planning Advisory Board to initiate Consideration by Proposed boundary changes Election required Initial consideration of Mitigation on Public hearing Retention of modification or deletion of covenants or declaration of restrictions Utility tax revenues, retention Classified service for County. See: OFFI- CERS AND EMPLOYEES Code enforcement boards, as to Community councils et seq. See: COMMUNITY COUNCILS Conflict of interest and code of ethics ordinance Contractors; reciprocal licenses and certificates re regulations et seq. See: CONTRACTORS Dog control regulations, authority re Dogs, etc., generally. See: ANIMALS AND FOWL Fire Department consent agreements Fire prevention regulations applicable to incorporated areas Future municipalities' elections Future municipalities' obligations to the County Garbage and refuse collection and disposal; retention of , Governmental units capital improvement projects reports et seq. See: GOVERNMENTAL UNITS CAPI- TAL IMPROVEMENTS PROJ- ECTS REPORT Historic preservation A-1 et seq. See: HISTORIC PRESERVATION Incorporation procedure Appointment of Charter Commission Areas and Facilities of Countywide Significance Commercial, business, or industrial areas Policy regarding incorporation and annexation of

395 CODE INDEX O OATH, AFFIRMATION, SWEAR OR SWORN Boards, committees, commissions, authorities, etc. Oath requirements, powers, etc. See specific boards, committees, departments, etc., as indexed Hearing Examiner Oaths, testimony, production of records, etc., re OBSCENITY. See: INDECENCY AND OB- SCENITY OBSTRUCTIONS Fire and police alarm systems Motor vehicle driver's view, etc Traffic obstructions generally. See: TRAF- FIC Newsracks in public right-of-way Obstructing justice Prohibited conduct at seaport A-12 Public streets and highways generally Other traffic obstructions. See: TRAF- FIC Right-of-way; items in the public Tampering with facilities, etc., injuring, etc (4) Watercourse, canal, drain, ditch, etc See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES OCCUPATIONS Business regulations Generally See: BUSINESS REGULATIONS Tax receipts Unincorporated areas See: BUSINESS TAX RECEIPTS OCEAN, BAY, ETC. Biscayne Bay management See: BISCAYNE BAY MANAGEMENT Department of Parks and Recreation rules and regulations See: PARKS AND RECREATION Key Biscayne beach preservation See: KEY BISCAYNE BEACH PRESER- VATION Ocean or bay passageway areas Zoning ordinances and requirements. See: ZONING OCEANARIUM Construction financing See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES ODORS Sanitary nuisances generally See: NUISANCES Section 8A-1 et seq. 8A-171 et seq. 8A-224 et seq. 33D-1 et seq et seq. 33F-1 et seq. 8D-1 et seq. 26A-2 et seq. Section OFFENDERS Metro-Dade Police Department, powers and duties OFFENSES Adult bookstores and adult video stores; sexual activity in Alcoholic beverage establishments, in et seq. See: ALCOHOLIC BEVERAGES Arrested persons et seq. See: ARRESTS Bathhouses and health clubs Sexual activity in Bombings and threats False information re, disseminating Prohibited Bridges Offenses relative to swimming or fishing from bridges Code enforcement Boards, as to Procedures, etc CC-1 et seq. See: CODE ENFORCEMENT Concealed weapons Courts generally et seq. See: COURT OF APPROPRIATE JURIS- DICTION False claims et seq. Firearms and weapons et seq. See: FIREARMS AND WEAPONS General penalty for Code violations Generally. See: VIOLATIONS; See also: OFFENSES Juveniles et seq. See: MINORS Lauren Book Child Safety Ordinance et seq. See: LAUREN BOOK CHILD SAFETY ORDINANCE Maliciously disrupting meetings with threats 21-3 Meetings, threats, etc., re Metropolitan Dade County Drycleaning and Laundering Ordinance Gender price discrimination forbidden. 8A Minors et seq. See: MINORS Officers and employees Accumulated sick and annual leave; payment of Offenses et seq. Compensation, salaries, etc. See: OFFICERS AND EMPLOY- EES Overnight camping, prohibition on Penal codes et seq. See: PRISONS AND PRISONERS Public and private property, offenses against Public Defender et seq. See: COUNTY PUBLIC DEFENDER Seaport security and operations Offenses and penalties A

396 MIAMI-DADE COUNTY CODE OFFENSES (Cont'd.) Sexual activity in adult bookstores and adult video stores Bathhouses and health clubs Shopping carts; notice of penalties for removal of A-76 Synthetic cannabinoid herbal incense et seq. See: SYNTHETIC CANNABINOID HERBAL INCENSE Synthetic stimulant bath salts, cathinones, amphetamines, etc et seq. See: SYNTHETIC STIMULANT BATH SALTS, CATHINONES, AMPHET- AMINES, ETC. Weapons et seq. See: FIREARMS AND WEAPONS OFFENSIVE CONDITIONS Zoning ordinances and requirements. See: ZONING OFFICE BUILDINGS Zoning ordinances and requirements. See: ZONING OFFICE OF CITIZEN ASSISTANCE AND OUTREACH. See: TEAM METRO Section OFFICERS AND EMPLOYEES Acquisition Professional services, etc Advisory and quasi-judicial board members Voting conflicts (v) Agricultural Practices Advisory Board; staff support Annual leave payments Accumulated sick and annual leave; payment of et seq. See herein: Compensation, Salaries, Etc. Authority of Finance Director re Applicants, applications Civil service for County employees Examinations, etc. Unlawfully aiding applicants Protection of employees disclosing specified information Retroactive application Selective service registration for applicants for county employment Appraiser Property Tax Appraiser et seq. See: TAX REVIEW BOARD Benefits Compensation. See herein: Compensation, Salaries, Etc. Service Connected Disability Program. See herein that subject Board personnel. See specific boards as indexed Section OFFICERS AND EMPLOYEES (Cont'd.) Building department officials et seq. See: BUILDING DEPARTMENT Business Impact Committee; staff Candidates for elective office Voter solicitation at polling places, etc See: ELECTIONS Chief fire official See: FIRE DEPARTMENT AND FIRE PREVENTION Civil service for County employees Appeals from suspension, dismissal, etc Applicability of provisions Classified service Exceptions re Rules, preparation, etc Compliance by County personnel Data, furnishing by officers and employees Deferred compensation program. See herein: Compensation, Salaries, Etc. Definitions Disciplinary actions Review of County Manager's decisions in Dismissal Election duties Examinations, etc. Misrepresentations Unlawfully aiding applicants Use of County buildings, for Merit system created Oaths, testimony, production of records Generally Payrolls, certification Personnel Department. See also herein that subject Political activities Reduction in grade Repeal clause Service connected disability program. See herein that subject Special off-duty police and fire services Certain compensation prohibited Compensation of law enforcement officers, correctional officer and firefighters Definitions Permits Application Charges Issuance Relinquishing Status of officers fulfilling permit assignments Disposition of proceeds Rules and regulations Suspension Violations, penalty

397 CODE INDEX SEAPORTS Dade County Seaport Director Port of Miami Crane Management, Inc., procurement by Seaport security and operations A-1 et seq. See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES SEAQUARIUM Motorboat regulations See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES 7-21 et seq. SEARCH AND SEIZURE Disposition of weapons seized on arrest SEAWALL AND SMALL DOCK ENGINEER- ING CONTRACTORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS SECONDHAND DEALERS Applicability Certain acts and practices prohibited..... Definitions Enforcement Holding period of various items Hours of operation Inspection of premises and records Records of transactions to be kept Transactions prohibited et seq (g) 21-29(e) 21-29(a) 21-29(g) 21-29(c) 21-29(f) 21-29(d) 21-29(b) 21-29(e) SECRETARIAL AND CLERICAL EMPLOY- EES Classified service exceptions SECURITY Aviation Department rules and regulations Burglar alarms Convenience store security Miami-Dade water and sewer department, security at Private security agencies; constables..... Seaport security and operations See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES 25-1 et seq et seq. 8A-301 et seq et seq. 8A-151 et seq. 28A-1 et seq. SEEING EYE DOGS Guide dogs for blind persons SEGREGATION, INTEGRATION, ETC. Discrimination policies, ordinances, complaints, etc See: DISCRIMINATION SELF -HARVEST AGRICULTURAL FIELDS Wells (open irrigation holes, etc.) See: WELLS (Open irrigation holes, etc.) SELF-SERVICE STORAGE FACILITIES Zoning ordinances and requirements. See: ZONING Section 11A-1 et seq et seq. SENIOR CITIZENS Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Elderly adult congregate living facilities Zoning ordinances and requirements. See: ZONING Homes for the aged and infirm Construction financing D-1 et seq. See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Homestead exemptions et seq. See: TAXATION Nursing homes Smoking nuisances A-7 et seq. Sanitary nuisances. See: NUISANCES Public Welfare Department powers and duties SENIORITY Civil service rules SEPTIC TANK CONTRACTORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS SEPTIC TANKS Sanitary nuisances generally See: NUISANCES Subdivision improvements, design standards, construction, etc See: SUBDIVISIONS Water and sewer regulations generally... See: WATER AND SEWERS 10-2 et seq. 26A-2 et seq et seq et seq. SERVICE CONCURRENCY MANAGEMENT PROGRAM (Chapter 33G) Administrative remedies, exhaustion of... 33G-9 Application and procedures G-5 Concurrency information center to be established G-7 Concurrency review agencies G-4 Definitions G-3 Extension of capacity reservation and application for equitable tolling of traffic concurrency reservation period G-6 Extension of permits and reservations of concurrency capacity G-10 Intent G-2 Legislative intent G-2 Procedures G-5 Section 163 development agreements G-8 Title cited G-1 SERVICE ROADS Commercial signs Zoning ordinances and requirements. See: ZONING Section 7727

398 MIAMI-DADE COUNTY CODE Section SERVICE STATIONS Convenience store security A-301 et seq. See: CONVENIENCE STORE SECU- RITY Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Emergency management Planning related to gas stations B-16 Gasoline price signs A-4 et seq. Street corner automobile window washers Zoning ordinances and requirements. See: ZONING SETBACKS Benches and shelters (public and bus passenger) et seq. See: BENCHES AND SHELTERS (Public and bus passenger) Biscayne Bay management D-1 et seq. See: BISCAYNE BAY MANAGEMENT Towers, poles and masts Zoning ordinances and requirements. See: ZONING SEVENTH AVENUE CORRIDOR COMMU- NITY REDEVELOPMENT AND REVI- TALIZATION TRUST FUND Audit of fund County's obligation to fund Duration End of fiscal year; money remaining in fund Established Expenditures; purposes Liberal construction SEWERS AND SEWAGE DISPOSAL Areas of critical environmental concern... 33B-1 et seq. See: AREAS OF CRITICAL ENVIRON- MENTAL CONCERN Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Code enforcement boards, as to Contaminated water Power to close food establishments for violations B-18 See: FOOD AND FOOD SERVICES Dade County housing standards et seq. See: HOUSING (Metropolitan Dade County) Flood Hazard District development C-1 et seq. See: FLOOD HAZARD DISTRICT DE- VELOPMENT Imposition of moratorium on execution of water supply contracts et seq. See: WATER SUPPLY CONTRACTS Manholes, safety requirements Meters Metropolitan Dade County Remetering Ordinance A-380 et seq. Section SEWERS AND SEWAGE DISPOSAL (Cont'd.) Miami-Dade Water and Sewer Department and Advisory Board et seq. Municipal boundary changes, effect on services, etc (2) Occupational license taxes A-171 et seq. See: LICENSES AND PERMITS Public Health Department powers and duties See: HEALTH AND SANITATION Public swimming pool certificates, etc et seq. See: SWIMMING POOLS Public Works Department functions and duties Service Concurrency Management Program G-1 et seq. Sewers, treatment plants, etc. Public Health Department powers and duties See: HEALTH AND SANITATION Special taxing districts et seq. See: IMPROVEMENT AND SPECIAL- PURPOSE DISTRICTS Subdivision improvements, design standards, construction, etc et seq. See: SUBDIVISIONS Utility regulations generally et seq. See: WATER AND SEWERS; See also: UTILITIES Utility tax provisions et seq. See: TAXATION Wastewater effluent from sewage treatment plant Sanitary nuisances generally A-2 et seq. See: NUISANCES Water and sewer regulations generally et seq. See: WATER AND SEWERS SEX DISCRIMINATION Ambulance, etc., anti-discrimination clause 4-46(g) Cable and communications services providers provisions re discriminatory practices AA-63 Commission for the Status of Women et seq. See: COMMISSION FOR THE STATUS OF WOMEN Dade County Advisory Board for Minority and Women-Owned Businesses , Discrimination policies, ordinances, complaints, etc A-1 et seq. See: DISCRIMINATION Women business enterprise program SEX MATERIALS AND SEX OFFENSES Adult bookstores and adult video stores; sexual activity in Bathhouses and health clubs Sexual activity in Obscene materials or performances See: INDECENCY AND OBSCENITY 7728

399 CODE INDEX Section SEX MATERIALS AND SEX OFFENSES (Cont'd.) Torture materials, instruments or devices Promotion, delivery, possession, etc Section

400

401 CODE INDEX TAMPERING Cable and communications services providers Tampering with utility fixtures See: WATER AND SEWERS Section 8AA et seq. TAPE RECORDERS, RECORDING, ETC. Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Library rules of conduct and eviction procedure Secondhand dealers, regulations See: SECONDHAND DEALERS TAPESTRIES Works of art in public places Finances, trusts, arrangements, etc TARGETED JOBS INCENTIVE FUND PRO- GRAM Application process Approval process Definitions Eligible applicants Eligible industries Program requirements Source and disbursement of TJIF incentives Title TJIF incentives TASK FORCES African-American tourist site task force board et seq. See: AFRICAN-AMERICAN TOURIST SITE TASK FORCE BOARD Transportation, Infrastructure and Concurrency Task Force. See that subject Urban economic revitalization, task force on A-128 et seq. See: URBAN RENEWAL TATTOOING Minors TAX REVIEW BOARD Board members Qualifications and terms of office Composition of Board Duties of Tax Review Board Performance of duties Extension of time limits Property Tax Appraiser Applicability of county ordinances Duties and powers Employees of appraiser Salary, compensation and benefits of such employees General provisions Compliance with Ethical Campaign Requirements Ordinance d. Section TAX REVIEW BOARD (Cont'd.) Corporate campaign contributions Restrictions e. Election of a. Qualifying period and fee Establishing requirements b. Residency requirements b. Term of office f. Commencement of c. Vacancy in office g. Legal counsel provided by County Attorney's office Performance of duties Extension of time limits Salary, compensation and benefits Use of county facilities and services Provisions reserved et seq. Short title Taxpayers presentations Hearing by Tax Review Board Termination date for assessment functions TAXATION Ad valorem taxes County ad valorem millage rate ceiling 29-5 Metro-Dade Fire and Rescue Service District District budget and ad valorem tax Additional reduction in assessed value for qualifying living quarters of parents or grandparents of owners of property receiving homestead exemption Applicable only to construction or reconstruction after January 7, Application Application of assessment reduction Approval by property appraiser Availability Failure to file Filing by clerk of board Just value of improvements added back to assessed value of property when property owner no longer qualifies for reduction Reduction in accordance with Florida Constitution and Statutes Revocation; penalty Board of Equalization Appearances Personal property tax consultants. See herein that subject Real property tax consultants. See herein that subject Boards, commissions, committees, etc. Certain tax exemptions. See herein specific subjects as indexed Bond issuance et seq. See: BONDS Business tax receipts. See also that subject Local A-171 et seq. 7743

402 MIAMI-DADE COUNTY CODE Section TAXATION (Cont'd.) Unincorporated areas A-224 et seq. Capital improvements tax ordinance, 1993 Distribution of proceeds Relationship to state law Tax levied; effective period Termination of Interlocal Agreement Cigarette tax Collection, use of proceeds Definitions Imposed, amount Code enforcement boards, as to Consultants Personal property tax consultants. See herein that subject Real property tax consultants. See herein that subject Convention development tax Application of revenues Collection and disbursement Confidentiality, procedures for Dealer's credit Levy and imposition Tax Collector Costs of administration Powers and duties Conveyances for scenic outdoor recreational, etc., purposes B-11 et seq. See: PARKS AND RECREATION County ad valorem millage rate ceiling County health care surtax Administration Collection Enforcement Miami-Dade County Transaction deemed to have occurred in Sales surtax levied Surtax rate, limitation Trust fund Created, uses of proceeds County transit system sales surtax Administration Collection Enforcement Levied Miami-Dade County Transactions deemed to have occurred in Surtax proceeds, uses of Surtax rate; limitations Trust fund Creation Documentary stamps Administration, collection and use (E) Competitive Request for Applications (RFA) process (G) Definitions (B) Effective date (F) Exceptions (D) Section TAXATION (Cont'd.) Legislative findings, authority and intent (A) Levy and imposition (C) RFA process; public meeting (H) Document surtax Exemptions Historic properties A-18 Homestead exemptions. See herein that subject Property tax exemptions. See herein that subject Special taxing districts, as to Fifth and sixth cent local option gas tax Imposition of tax Interlocal agreement not in effect Contingency for distribution of proceeds Local option gas tax, See also herein that subject Revenue, disposition Short title Statutory authority Finances of County generally. See: FI- NANCES Franchise ordinances App. C General obligation bonds, issuance et seq. See: BONDS Historic properties Exemptions for A-18 Homestead exemptions Additional homestead exemption for senior citizens Additional reduction in assessed value for qualifying living quarters of parents or grandparents of owners of property receiving homestead exemption. See herein that subject For low-income senior citizens who are long-term residents Local business tax receipts A-171 et seq. Unincorporated areas A-224 et seq. See: BUSINESS TAX RECEIPTS Local communications services tax Generally Permit fee component of Local option gas tax, 1993 Effective period , Fifth and sixth cent local option gas tax. See herein that subject Interlocal agreement Contingency of agreement becoming void Proceeds, distribution Short title , State law, relationship to , Tax levied ,

403 CODE INDEX Section TAXATION (Cont'd.) Metro-Dade Fire and Rescue Service District et seq. See: IMPROVEMENTS AND SPECIAL- PURPOSE DISTRICTS Ninth cent gas tax ordinance, 1993 Relationship to state law Tax levied; effective period Notice form prescribed Notices regarding certain countywide tax, special assessment, and fees Publication in Spanish, and Haitian Creole Occupational license taxes A-171 et seq. See: LICENSES AND PERMITS One-half of one percent charter county transit system sales surtax authorized by Florida statutes (2001) Administration, collection, enforcement Exemption from sales surtax Levied, sales surtax Special fund created; uses of surtax proceeds; role of Citizens' Independent Transportation Trust Surtax rate, limitations Overtown. See herein: Southeast Overtown/ Park West Redevelopment Area Park West Redevelopment Area Tax increment financing for Property Personal property tax consultants. See herein that subject Real property tax consultants. See herein that subject Property Tax Appraiser et seq. See: TAX REVIEW BOARD Property tax exemptions in enterprise zones Application procedures Authority to grant exemptions Definitions Eligibility requirements Expiration date Ordinance granting each exemption, enactment Renewal provisions Scope and terms of exemptions Tax roll, 1989 First application of provisions to Reassessment of certain properties Redevelopment area Southeast Overtown/Park West Redevelopment Area Road impact fees E-1 et seq. See: ROAD IMPACT FEES Safe Neighborhood Parks Ordinance B-20 et seq. See: SAFE NEIGHBORHOOD PARKS ORDINANCE Southeast Overtown/Park West Redevelopment Area Tax increment financing for Section TAXATION (Cont'd.) Special taxing districts et seq. See: IMPROVEMENT AND SPECIAL- PURPOSE DISTRICTS Surtax Discretionary sales surtax authorized by section (1), Florida statutes (1999) Abolition of tolls on existing County expressway system Exemption from sales surtax Sales surtax levied Surtax rate, limitations Trust fund created; uses of surtax proceeds and other moneys Value analysis Tax consultants Personal property tax consultants. See herein that subject Real property tax consultants. See herein that subject Tax notice Form prescribed Tax on insurers for benefit of police relief and pension fund Tax Review Board et seq. See: TAX REVIEW BOARD Tourist development room tax Administration Administration costs Confidential nature of procedures Dealer's credit Disposition of revenues Effective date Enforcement of collections Levy and imposition Lien status of levy (c) Powers, duties, responsibilities Powers, etc., not specifically conferred Remittance and administration Review of expenditures Tax Collector Administration costs Powers and duties Tourist development plan modification Urban renewal A-1 et seq. See: URBAN RENEWAL Utility tax Definitions Excise tax on purchase of utility services Collection of tax Rate and amount Expenses in regulation of rates, recognition Records to be kept Remittance of tax to County by seller Reports of deliveries for resale Use of utility tax revenues Violations

404 MIAMI-DADE COUNTY CODE TAXATION (Cont'd.) Utility tax revenues Municipal boundary changes See: MUNICIPALITIES Section 20-1 et seq. Section TAXICABS Advertisement of for-hire services Aviation Department rules and regulations 25-1 et seq. See: AVIATION DEPARTMENT Bumper stickers on rental cars prohibition 8A-2 Citizens' Transportation Advisory Committee et seq. See: CITIZENS' TRANSPORTATION ADVISORY COMMITTEE Code enforcement boards, as to Collision damage waivers on rental cars Limitation on charges, etc A-1 Commercial vehicle identification A-276 et seq. See: COMMERCIAL VEHICLE IDEN- TIFICATION Miami-Dade County Advisory Committee on Ground Transportation Regulation et seq. See: DADE COUNTY ADVISORY COM- MITTEE ON GROUND TRANS- PORTATION REGULATION Passenger service companies Special transportation service carriers et seq. See: TRANSPORTATION Street names and numbers Zoning ordinances and requirements. See: ZONING Traffic authority et seq. See: TRAFFIC AND TRANSPORTA- TION DEPARTMENT Vehicles for hire regulations et seq. See: VEHICLES FOR HIRE TAYLOR SLOUGH Areas of critical environmental concern... See: AREAS OF CRITICAL ENVIRON- MENTAL CONCERN 33B-1 et seq. TEAM METRO (Office of the Citizen Assistance and Outreach) Compensation of employees Consent agreements Definitions Director as head; appointment; term Duties and powers Enforcement Procedure Resisting or obstructing enforcement

405 CODE INDEX VENDORS, VENDING (Cont'd.) Contracts and purchases generally et seq. See: CONTRACTS, AGREEMENTS AND PURCHASES Department of Parks and Recreation rules and regulations et seq. See: PARKS AND RECREATION Mass transit rules and regulations B-1 et seq. See: TRANSPORTATION Merchandise vending in public ways near schools Park vendors, background checks Shannon Melendi Act et seq. See: PARKS AND RECREATION VENEERING Exterior veneer contractor Contractor's certificate of competency and licenses, etc See: CONTRACTORS 10-2 et seq. VENETIAN CAUSEWAY Applicable provisions VENETIAN ISLES COMMUNITY DEVEL- OPMENT DISTRICT Bond validation Charter County rates, fees, charges applicable to district Created General powers, grant of No district bonds or debts to constitute debts or obligations of county Power of eminent domain Special powers, grant of VENTILATION Dade County housing standards See: HOUSING (Metropolitan Dade County) 17-1 et seq. VERMIN CONTROL Dumps and landfill sites B-1 et seq. See: SOLID WASTE MANAGEMENT Miami-Dade County housing standards et seq. See: HOUSING (Metropolitan Dade County) Power to close food establishments for violations B-18 Responsible property owner and merchant act et seq. See: RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT Vacant structures standards, minimum... 17A-1 et seq. See: HOUSING (Generally) VESSELS Seaport security and operations Watercraft generally See: WATERWAYS, WATERCRAFT AND WATERFRONT STRUCTURES Section 28A-1 et seq et seq. VETERANS' ORGANIZATIONS Bingo game regulations See: BINGO et seq. VETERANS' PREFERENCE Civil service rules Local certified service-disabled veteran business enterprises Preference in county contracts VETERINARIANS Cruelty to animals, acts deemed Vaccinations against rabies Dogs Reports re VIADUCTS Commercial signs Zoning ordinances and requirements. See: ZONING Construction financing See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES Traffic regulations. See: TRAFFIC 8D-1 et seq. VICIOUS ANIMALS Dangerous dogs , 5-23 Dogs generally. See: ANIMALS AND FOWL VIDEO STORES Adult bookstores and adult video stores; sexual activity in VIDEO-TAPE RECORDERS Secondhand dealers, regulations See: SECONDHAND DEALERS VILLAGE OF BISCAYNE PARK Penal codes See: PRISONS AND PRISONERS VILLAGES Ordinances creating and changing municipalities and boundaries Section et seq. Apps. A, B VIOLATIONS. See also: OFFENSES Arrested persons et seq. See: ARRESTS Code enforcement boards, as to Code enforcement, procedures, etc CC-1 et seq. See: CODE ENFORCEMENT County official charged with felony offense Automatic suspension Courts generally et seq. See: COURT OF APPROPRIATE JURIS- DICTION General penalty for Code offenses Penal codes et seq. See: PRISONS AND PRISONERS Penalties generally. See: FINES, FORFEI- TURES AND OTHER PENALTIES Public Defender et seq. See: COUNTY PUBLIC DEFENDER 7773

406 MIAMI-DADE COUNTY CODE VIOLATIONS (Cont'd.) Violations of County ordinances Prosecutions, etc. See: LAW DEPART- MENT VISITORS County Board of Visitors abolished, etc VISITORS BUREAU Super Bowl Committee, See: SUPER BOWL COMMITTEE (1989) VISUAL ARTS Cultural Affairs Council See: CULTURAL AFFAIRS COUNCIL VISUALLY IMPAIRED Commission on Disability Issues See: COMMISSION ON DISABILITY ISSUES et seq et seq et seq. VIZCAYA GARDENS AND MUSEUM TRUST Budget and finances Continuing role of the Park and Recreation Department Creation of the Vizcaya Museum and Gardens Trust Designated facilities Executive Director Governing body Initial transitional scope of Trust authority Liberal construction to effectuate public purpose Relationship with Miami-Dade County Replacement of policy committee by the Trust Requirements for complete transition Scheduled expanded scope of Trust authority VIZCAYA MUSEUM AND GARDENS Fee reduction and waiver requests for the use of. See Rule 9.04 to 2-1 VOCATIONS Occupational license taxes generally A-171 et seq. See: LICENSES AND PERMITS; See also specific occupations, trades, businesses, etc. VOLLEYBALL Department of Parks and Recreation rules and regulations See: PARKS AND RECREATION Section 26-1 et seq. VOLUNTARY ENERGY EFFICIENCY AND RENEWABLE ENERGY COMMITTEE (Cont'd.) Limitations Mortgagees Non-ad valorem assessments Notice to purchaser Recordation VOLUNTARY REGISTRATION Bicycles VOLUNTEERS Background checks Shannon Melendi Act See: PARKS AND RECREATION et seq. VOTING Absentee ballots Availability for presidential elections Campaigning reporting requirement Solicitation of voters at polling places, etc See: ELECTIONS W WAGERING. See: GAMBLING Section WAGES Compensation of personnel. See: OFFI- CERS AND EMPLOYEES County contract projects, wages on WAGE THEFT Complaints, procedures Declaration of policy Definitions Reporting Severability and construction Sunset review Violations Enforcement of wage theft violations WAGONS Applicability of traffic regulations Commercial vehicle identification A-276 et seq. See: COMMERCIAL VEHICLE IDEN- TIFICATION WAITRESSES Public dance halls, conduct regulated in VOLUNTARY ENERGY EFFICIENCY AND RENEWABLE ENERGY COMMITTEE Administration Agreement terms Application Definitions Eligible participants Energy audit Funding WAREHOUSES Construction financing See: CONSTRUCTION: FINANCING OF PUBLIC FACILITIES WARM AIR HEATING CONTRACTORS Contractor's certificate of competency and licenses, etc See: CONTRACTORS 8D-1 et seq et seq. 7774

407 CODE INDEX WARRANTS Check-cashing services See: CHECK-CASHING SERVICES Section 8A-147 et seq. Section

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