Resolution No. 2025-06 Amending Rules of Decorum for Commission Meetings - January 14, 2025CITY OF AVENTURA RESOLUTION NO. 2025-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE RULES OF DECORUM SET
FORTH IN RESOLUTION NO. 2023-30 BY DELETING THE POLICY
MANDATING THAT SPEAKERS ARE PROHIBITED FROM DIRECTING
THEIR COMMENTS TO INDIVIDUAL CITY COMMISSION MEMBERS
DURING PUBLIC MEETINGS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida,
provides that the City Commission may establish procedures relative to City Commission
meetings and agendas; and
WHEREAS, Resolution 96-18 set forth the general authority for the Mayor to
maintain decorum at Commission meetings but cites no specific rules or policies for the
Mayor to rely on when a speaker or member of the audience acts in a manner prejudicial
to the proper conduct of a City Commission meeting; and
WHEREAS, the abovementioned 1996 Resolution has been revised several times
since its adoption, most recently by Resolution No. 2024-38; and
WHEREAS, in October 2024, the 11 th U.S. Circuit of Appeals, in the case of Moms
for Liberty vs. Brevard County Public Schools, found that certain policies placing
restrictions on speakers at board meetings violated the First Amendment, including a
policy which prohibited "personally directed speech;" and
WHEREAS, the City's Rules of Decorum and Participation expressly bar speakers
from directing their comments to individual members of the City Commission at public
meetings; and
WHEREAS, the City Commission wishes to amend the Rules of Decorum and
Participation to be aligned with the 2024 11th Circuit Court of Appeals decision striking
down as unconstitutional restrictions on the right of speakers who direct their comments
to individual public officials during public meetings; and
WHEREAS, the approval of this Resolution is in the best interest and welfare of
the residents of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT:
City of Aventura Resolution No. 2025-06
Section 1. Resolution No. 2023-30 is hereby amended to further define the term
"disruptive conduct."
Section 2. Section 2 "General Requirements" is hereby amended to read as
follows: That the Mayor shall rule out of order a member of the public who speaks without
being recognized or who does not address the City Commission from the podium or other
established speaking area. The sneaker shall diFeGt all nnmmon+c to the City Commission
as a bedy and not to individual City Gernmiccinn members A speaker shall observe the
three -minute limit set for public comments unless extended by the Mayor for good cause.
Section 3. Conflicts. All Resolutions or parts of Resolutions in conflict herewith
be and the same are hereby repealed to the extent of such conflict,
Section 4. Severability. If any clause, section, or other part of the application
of this Resolution shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated and so as not affecting the validity of the remaining portions or
applications of this Resolution,
Section 5. Effective Date. That this Resolution shall take effect immediately
upon its passage and adoption.
The foregoing Resolution was offered by Commissioner Bloom, who moved its
adoption. The motion was seconded by Commissioner Kruss, and upon being put to a
vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Paul A. Kruss Yes
Commissioner Cindy Orlinsky Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 14th day of January, 2025.
Page 2 of 3
City of Aventura Resolution No. 2025-06
HOWARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I /� J I
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 3