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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 11111"1011-0161 WORMS Nom. Y." M-0 OTTIMMMITIM N111410 -M.- 0. MMINI IWINNIM-1- - -- - - - --- - - -- - - -- - - - - -- - -- -- 11-1011- ;+= - - - - Page 2 of 5 �70 =__ 7. r T=Llli mill -• - - - -• -- - - -- -• -- - -- -- - -- - - -. -- -- -- MIMI ._ .. ZZLELLECLE ■. RIM. RICIM. - -- - -- -- - -- - - - -- - --- - - ON." -- - - - -- -- - ------ tfpr.lmvm. CTM lip- 1110 N­ I w. ._ VON "11.0-111-1110 1 will NO 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 --- - -... ..1 C 2MIT-MrAM- - - -- --• -•-- - -- -- -- - - -- -- - 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. C,rr aF 5.1 [i Op 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