HomeMy WebLinkAboutOrdinance 2024-615ORDINANCE 2024 - 6 1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY
OF SUNNY ISLES BEACH, ENTITLED "COMPUTER USE AND ELECTRONIC
COMMUNICATIONS;" PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 17 of the Code of Ordinances was created pursuant to Ordinance
No. 2001-120, enacted on May 17, 2001, for the purpose of providing "an efficient, cost
effective, secure and standardized procedure for City Officials and employees with access to
the Internet to set forth a policy delineated by Ordinance; and
WHEREAS, Chapter 17 and its procedures and regulations apply only to "all employees
of the City who have been given access to the Internet and computer network," and does not
apply to the public at large; and
WHEREAS, since the creation of Chapter 17, substantial advancement in technology and
communications has occurred, along with unprecedented security risks that continue to
promulgate daily, requiring a comprehensive update to the City's policies and procedures
regarding such technology and communications, including cybersecurity; and
WHEREAS, Chapter 17 and its dated policies and procedures are now obsolete;
WHEREAS, in accordance with Sec. 282.3185, Florida Statutes, City Information
Technology Director and Staff have painstakingly created comprehensive and substantial
Information Technology and Cybersecurity Policies, which are necessarily internal to the City's
operations, employees, and officials;
WHEREAS, pursuant to Sec. 166.041(1)(a), Florida Statutes, an ordinance is defined as
an "official legislative action of a governing body, which action is a regulation of a general and
permanent nature and enforceable as a local law;" and
WHEREAS, the City's Information Technology and Cybersecurity Policies, which apply
only to internal City operations, employees, and officials, are not required to be "enforceable
as a local law" and their publication'in the City's Code of Ordinances is thereby unnecessary and
not required; and
WHEREAS, since Chapter 17 is currently obsolete, and the City's new internal
Information Technology and Cybersecurity Policies are not required to be published in the City's
Code of Ordinances, the City Commission wishes to repeal Chapter 17 in its entirety;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:'
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, deletions on first reading are shown as StFikethFeugh and deletions on second reading are shown
as
Page 1 of 5
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Repeal of Chapter 17. Chapter 17 of the Code of Ordinances of the City of Sunny
Isles Beach, Florida, entitled "Computer Use and Electronic Communications" is hereby
repealed as follows:
Page 2 of 5
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Page 3 of 5 87
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 4. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
Page 4 of 5 88
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Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 4. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
Page 4 of 5 88
ATTEST:
Mau
PASSED AND ADOPTED on first reading this IR day of July 2024.
PASSED AND ADOPTED on second reading iso -ay of August 2024.
Larisa Svechin, Mayor
CMC, City Clerk
First Reading
Motion:
.aywffmi�
Vote on First Reading:
Mayor Svechin('AAi
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Vote on Second Reading:
Mayor Svechin
Vice Mayor Lama(A'
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading
Motion:6wzk-4/D/VE�
- •.
(Yes)
(No)
Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(Yes)
Yes)
(No)
(No)
(No)
y (Yes)
(No)
Page 5 of 5 89
F t FLON.
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Derrick Arias, Chief Information Officer
August 15, 2024
Approval of the Ordinance Repealing Chapter 17 Titled "Computer Use and
Electronic Communications" of the City's Code
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
As part of our effort to comply with the new requirements sets forth by F.S. 282.3185(4), we have
developed new IT Policies and Procedures which we plan to implement administratively, and which are
in conflict with the existing City Code of Ordinances from 1997. We are therefore requesting a repeal of
this section of the City Code.
ATTACHMENTS:
Ordinance
Item Number: 9.A