Transmittal letter to Clerk of Courts re amendments approved MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
CITY CLERK'S OFFICE
Rafael E. Granada, City Clerk Email: CityClerk @miamibeachfl.gov
Tel: 305-673-7411 , Fax: 305-673-7254
September 17, 2012 Sent Certified U.S. Mail
Honorable Harvey Ruvin
Clerk of the Courts
Miami-Dade County Courthouse
73 West Flagler Street, Suite#242
Miami, Florida 33130
Honorable Mr. Ruvin:
On August 14, 2012, the electors of the City of Miami Beach approved the following 2 amendments to the
Miami Beach City Charter, Sections 2.04 and 5.03:
Pursuant to Resolution 2012-27903
Majority of members of City Commission may call special meetings.
Shall Section 2.04 of the Miami Beach Charter be amended to provide that, in addition to being called by the
Mayor or City manager, special meetings of the City Commission may be called by a majority of the members
of the Commission upon written notice to the City Clerk and in accordance with the procedures set forth in a
resolution of the City Commission?
Pursuant to Resolution 2012-27902
Allowing up to one percent increase in room rent portion of resort tax.
Shall Section 5.03 of the Charter be amended to allow the commission to increase, up to one percent, the
resort tax on room rent, to expand, enlarge, renovate, and/or improve the convention center, including
payment of debt service related thereto, and providing that the excess of such additional tax be used, after
providing for payment of annual debt service and related obligations, to establish a capital renewal and
replacement fund for the center?
Attached are the official results of said Special Election, and the text of the amendments. Said amendments
will be incorporated into the City Charter. Pursuant to Miami-Dade County Code Section 5.03(b)a copy of the
Charter,amendments are being filed herewith.
Should you have any questions, please contact me at 305.673.7411 or via e-mail at
rafaelgranado @miamibeachfl.gov.
1
Respectfully,
Ra ael E
City Clerk
c Kathie G. Brooks, Interim City Manager
Jose Smith, City Attorney
Deborah Turner, First Assistant City Attorney
Jean Olin, Esq.
F:\CLER\CLER\000_ELECTION\Aug 14 2012 SPECIAL ELECTION\TRANSMITTAL LETTERS\Letter to the Clerk of the Court re Ballot Questions approved.doc '
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RESOLUTION NO. 2012-28004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,ADOPTING THE
CERTIFICATION OF THE OFFICIAL RESULTS OF THE
AUGUST 14, 2012 SPECIAL ELECTION FOR THE CITY OF
MIAMI BEACH BALLOT QUESTIONS, AND DECLARING
THE RESULTS THEREOF.
WHEREAS, the Certification of the Official Results of the City of Miami Beach
Special Election ballot questions have been received and are attached hereto as
Composite Exhibit"A" and are incorporated herein by reference; and
WHEREAS, said Certification reflects that:
Question "A" as set forth below was Approved by the electorate of the City of Miami
Beach'; and
Question "B" as set forth below was Approved by the electorate of the City of Miami
Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having had canvassed
the returns of the August 14, 2012 Special Election of the City of Miami Beach, the City
hereby adopts the Certification of the Official Results of said Special Election and it is
hereby ordered that the Certification of the Official Results and this Resolution be recorded
in the minutes of the City Commission meeting as a permanent record of the results of said
Special Election; and be it further resolved that, as a result of the City of Miami Beach
August 14, 2012 Special Election, the votes upon the questions presented reflect the
following results:
Question "A":
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT
PORTION OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO
ALLOW THE COMMISSION TO INCREASE, UP TO ONE PERCENT,
THE RESORT TAX ON ROOM RENT, TO EXPAND, ENLARGE,
1 The two ballot questions have been lettered"A"and`B" for ease of reference herein and were
not so lettered on the ballot.
RENOVATE, AND/OR IMPROVE THE CONVENTION CENTER,
INCLUDING PAYMENT OF DEBT SERVICE RELATED THERETO,
AND PROVIDING THAT THE EXCESS OF SUCH ADDITIONAL TAX
BE USED, AFTER PROVIDING FOR PAYMENT OF ANNUAL DEBT
SERVICE AND RELATED OBLIGATIONS, TO ESTABLISH A
CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
'4,786 YES
2,335 NO
Question "B":
MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL
SPECIAL MEETINGS.
SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE
AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED
BY THE MAYOR OR CITY MANAGER,SPECIAL MEETINGS OF THE
CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE
MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO
THE CITY CLERK AND IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY
COMMISSION?
5,212- YES
1,680 NO
BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was
Approved , and Question "B"was Approved ,
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:' - MAY 6R
Matti Herrera Bower
CITY CLERK �' . APPROVED AS TO
Rafael Granado . FORM&LANGUAGE
IN
CORD �q T &FOR EXECUTION
F:\ATT07URN\Reso Ac Elec Resul �t t� 1"2.doc
C Aftorney ID4
?' 2 �'
EXHIBIT A
**4 Official *�*
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA
Miami-Dade County
We, the undersigned, SHELLEY J. KRAVITZ, County Judge,
Chairperson,PENELOPE TOWNSLEY, Supervisor of Elections,
ANDREW S.HAGUE,County Judge, Substitute Member, constituting
the Board of County Canvassers in and for said County, do hereby... .
certify that we met on the Seventeenth day of August, 2012 A.D.,
and proceeded publicly to canvass the votes given for the several
offices and persons herein specified at the Nonpartisan Election
held on the Fourteenth day of August,2012 A.D.,as shown by the
returns on file in the office of the Supervisor of Elections. We do
hereby certify from said returns as follows:
For Circuit Judge, 1 lth Judicial Circuit,Group 8,the whole
number of votes cast was 197,895 of which number
David C.Miller received 123,117 votes
Mau ricio Padilla received 74,778 votes
, . oes
For Circuit Judge, 11th Judicial Circuit,Group 15,the whole
number of votes cast was 196,487 of which number
Robert Coppel received 95,399 votes
Maria EIena Verde received 101,088 votes
For Circuit Judge, 11 th Judicial Circuit,Group 47,the whole
number of votes cast was 189,805 of which number
Alex J'unenez Labora received 91,968 votes
Maria de Jesus Santovenia received 97,837 votes
For Circuit Judge, 11 th Judicial Circuit,Group 49,the whole
number of votes cast was 197,750 of which number
Victor H.De Yurre received 85,837 votes
Teresa Mary Pooler received 111,913 votes
For County Court Judge,Group I,the whole number of votes cast
was 186,155 of which number
Frank A.Hernandez received 80,997 votes
Patricia Marino-Pedraza received 105,158 votes
09/17/2012 07:58:21 PM Page 1 of 7
Official •*•
For County Court Judge,Group 10,the whole number of votes
cast was 192,769 of which number
Diana Gonzalez received 97,943 votes
Ana Maria Pando received 94,826 votes
For County Court Judge,Group 20,the whole number of votes
cast was 185,257 of which number
Michelle Alvarez Barakat received 131,317 votes
Fleur Jeannine Lobree received 53,940 votes
For County Court Judge,Group 24,the whole number of votes
j cast was 193,271 of which number
Arthur Spiegel received 47,054 votes
Greer Elaine Wallace received 52,747 votes
Andrea R. Wolfson received 93,470 votes
For County Court Judge,Group 27,the whole number of votes
cast was 189,258 of which number
]vonne Cuesta received 127,418 votes
Jacci Suzan Seskin received 61,840 votes
For County Court Judge,Group 28,the whole number of votes
cast was 188,459 of which number
Tanya J.Brinkley received 115,111 votes
Enrique"Rick"Yabor received 73,348 votes
For County Court Judge,Group 33,the whole number of votes
cast was 190,701 of which number
John"Johnny"Rodriguez received 94,717 votes
Teretha Lundy Thomas received 95,984 votes
For County Court Judge,Group 40,the whole number of votes
cast was 190,439 of which number
Lourdes T.Camb6 received 93,234 votes
Don S.Cohn received 97,205 votes
For School Board,District 5,the whole number of votes cast was
19,305 of which number
Susie Castillo received 12,381 votes
Daniel "Dan" Espino received 6,924 votes
I
08!172012 07:5611 PM Page 2 of 7
•**Official **
For Property Appraiser,the whole number of votes cast was
206,921 of which number
Pedro J.Garcia received 100,971 votes
Carlos Lopez-Cantera received 105,950 votes
For County Commissioner,District 1,the whole number of votes
cast was 21,876 of which number
Shirley Gibson received 7,600 votes
Wade Jones received 1,337 votes
Barbara Jordan received ' 12,939 votes
For County Commissioner,.District 3,the whole number of votes
cast was 16,241 of which number
Alison Austin received 2,538 votes
Audrey M.Edmonson received 6,965 votes
Keon Hardemon received 3,243 votes
Michael Jackson Joseph received 1,373 votes
Eddie Lewis received 629 votes
Nadia Pierre received 1,493 votes
For County Commissioner,District 5,the whole number of votes
cast was 15,612 of which number
Bruno A.Barreiro received 7,798 votes
Calixto Garcia received 1,630 votes
Luis Garcia received 5,160 votes
Carlos E.Munoz Fontanills received 1,024 votes
i
For County Commissioner,District 9,the whole number of votes
cast was 15,251 of which number
Darrin E.McGillis received 1,166 votes
Dennis C.Moss received 9,043 votes
Alice Pena received 3,540 votes
Loretta Riley received 1,502 votes
For County Commissioner,District 11,the whole number of
votes cast was 16,195 of which number
Manny Machado received 5,955 votes
Javier Mufioz received 2,454 votes
Juan C.Zapata received 7,786 votes
08/1712012 07:58:21 PM Pago 3 of 7
***Official **•
For MAYOR,the whole number of votes cast was 233,319 of
which number
Edna Diaz received 5,589 votes
Carlos Gimenez received 126,525 votes
Gary Delano Johnson received 5,759 votes
Farid Khavari received 1,978 votes
Joe Martinez received 71,814 votes
Helen Barbary Williams received 14,754 votes
Denny Wood received 6,900 votes
For COMMUNITY COUNCIL 5,AT-LARGE,the whole
number of votes cast was 5,130 of which number
Jessica"Jessie" Fortich received 3,189 votes
Ira J.Paul received 1,941 votes
For COMMUNITY COUNCIL 10,AT-LARGE,the whole
number of votes cast was 23,761 of which number
Johnny G.Farias received 9,022 votes
Miriam"Mimi" Planas received 14,739 votes
For COMMUNITY COUNCIL 10, SUBAREA 106,the whole
number of votes cast was 23,043 of which number
Miguel Martinez received 5,892 votes
Roberto"Bobby" Suarez received 4,235 votes
Victoria E.Tomas received 6,339 votes
Manuel "Manny" Valdes received 6,577 votes
For COMMUNITY COUNCIL 11,SUBAREA 112,the whole
number of votes cast was 15,786 of which number
Daniel Ojeda received 9,382 votes
Jeff Wander received 6,404 votes
For COMMUNITY COUNCIL 11,SUBAREA 116,the whole
number of votes cast was 15,570 of which number
Carolina Blanco received 10,621 votes
Ileana Petisco received 4,949 votes
For COMMUNITY COUNCIL 12,SUBAREA 122,the whole
number of votes cast was 10,236 of which number
Matthew Larsh received 6,003 votes
Anthony F.Petisco received 4,233 votes
09)17/201207:59:21 PM Page 4 of 7
s
««• Official «««
For COMMUNITY COUNCIL 12, SUBAREA 124,the whole
number of votes cast was 10,574 of which number
Joe Sanchez received 4,877 votes
Angela"Angie" Vazquez received 5,697 votes
For COMMUNITY COUNCIL 12,SUBAREA 126,the whole
number of votes cast was 10,373 of which number
Alex Duran received 6,777 votes
Jorge Luis Garciga received 3,596 votes
For MIAMI GARDENS:MAYOR,the whole number of votes
cast was 15,998 of which number
Oliver Gilbert received 10,108 votes
Tanya Y.James received 794 votes
Willie B.Kelly 11 received 222 votes
John D.Pace,Jr. received 506 votes
Andre Williams received 2,173 votes
Katrina Wilson received 1,849 votes
Darin Woods received 346 votes
For MIAMI GARDENS:COUNCILMEMBER-DIST 1,the
whole number of votes cast was 3,144 of which number
Lillie Q. Odom received 2,006 votes
Sardebra Wright received 1,138 votes
For MIAMI GARDENS:COUNCILMEMBER-DIST 3,the
whole number of votes cast was 4,799 of which number
Rodney Harris received 1,747 votes
Ulysses"Buck"Harvard received 1,761 votes
Erhabor Ighodam received 1,291 votes
For REPEAL OF.COUNTY'S PIT BULL DOG BAN,the whole
number of votes cast was 222,637 of which number
Yes for Approval received 81,758 votes
No for Rejection received 140,879 votes
08/17/2012 07:58:21 PM Page 5 of 7
°aa Official aaa
For MIAMI BEACH: INCREASE ROOM RENT RESORT
TAX,the whole number of votes cast was 7,121 of which number
Yes for Approval received 4,786 votes
No for Rejection received 2,335 votes
For MIAMI BEACH:CITY COMM CALL SPECIAL MTGS,
the whole number of votes cast was 6,892 of which number
Yes for Approval received 5,212 votes
No for Rejection received 1,680 votes
For MIAMI GARDENS:BOUNDARY DESCRIPTIONS,the
whole number of votes cast was 13,436 of which number
Yes for Approval received 6,118 votes
No for Rejection received 7,318 votes
For MIAMI SPRINGS:COUNCIL MEMBER TERMS,the
whole number of votes cast was 1,858 of which number
Yes for Approval received 678 votes
No for Rejection received 1,180 votes
For MIAMI SPRINGS: STAGGERED TERMS,the whole
number of votes cast was 1,769 of which number
Yes for Approval received 752 votes
No for Rejection received 1,017 votes
For NORTH MIAMI: MUSEUM TERMS(MOCA),the whole
j number of votes cast was 4,151 of which number
Yes for Approval received 1,998 votes
No for Rejection received 2,153 votes
For OPA-LOCKA:DEFERRED COMPENSATION,the whole
number of votes cast was 1,127 of which number
Yes for Approval received 425 votes
No for Rejection received 702 votes
09/17/201207:58:21 PM Page 6 of 7
*** Official ***
We Certify that pursuant to Section 102.112, Florida Statues, the
canvassing board has compared the number of persons who voted
with the number of ballots counted and that the certification
includes all valid votes cast in the election.
COUNTY JUDGE.-CHATRP ,ON
v4L-
SUPERVISOR OF ELJM.T.09S
COUNTY JUDGE, S Tn�ER
�Y
09117!2012 07:58:21 PM Page 7 of 7
Election Results Miami- County August 14,.2012 1 SOE Softw� Page 1 of 1
Miami-Dade County Elections
August 14,2012 Primary Election Registered Voters: 1,242,973 Precincts Completely Reported:829 of 829
Website last updated 8/17/2012 Ballots Cast: 248,605
8:59:20 PM EDT Voter Turnout: 20.00%
Results are official.
There was a recount for State Representative 107th House District
Please see addendum for results
Click here to filter the contests that Go To Page;-1 ;Display!5
aooear below
(2 of 140)
MIAMI BEACH: INCREASE ROOM RENT RESORT TAX
36 of 36 Precincts Reporting
Percent Votes
YES 67.21% 4,786
NO 32.79% 2,335
7,121
MIAMI BEACH:CITY COMM.CALL SPECIAL MTGS
36 of 36 Precincts Reporting
Percent Votes
YES 75.62% 5,212
NO 24.38% 1,680
6,892
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http://results.enr.clarityelections.com/FL/Dade/40545/96496/en/summary.html 8/20/2012
RESOLUTION NO. 2012-27903
A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A
QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH
CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN
ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER,
SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED
BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON
WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE
WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE
CITY COMMISSION.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 14, 2012,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts in which the official registration books show that the
said electors reside.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered
voter shall be responsible for properly filling out the registration form and returning it to the
Miami-Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. 87t Avenue, Doral, Florida
33172; Telephone: (305)499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade -County, Florida. Such
publication shall be made in accordance with the provisions of§150.031 and §100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 14T" DAY OF AUGUST, 2012, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL
SPECIAL MEETINGS. -
SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE
AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY
THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY
COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS
OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK
AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A
RESOLUTION OF THE CITY COMMISSION?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on August 14, 2012,
hereby called, shall be in substantially the following form, to-wit:
2
"OFFICIAL BALLOT"
MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL
SPECIAL MEETINGS.
SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE
AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY
THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY
COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS
OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK
AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A
RESOLUTION OF THE CITY COMMISSION?
YES
NO
SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of said ballot measure.
SECTION 11.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 9th day of May 20:1:2::
ATTEST: BF
�\P
* :INCORP RATED ; I.HEftRERA QWER; ;t:.. ,.,2
�h AYOR
RAFA E. GRANADO, CITY C FORM&.Lq'NGUAGE
(Requested by Commissioner Jonah M & FOR EXECUTION
F:\AT-rO\TURN%RESOS\Charter Amendment-Commission special Meetings-Proposed Ballot pues' "d NrIn cz f
_; •Ce _ 7
,•� Date
3
PROPOSED BALLOT TITLE AND BALLOT SUMMARY
AUGUST 14, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
MAJORITY OF MEMBERS CITY OF COMMISSION MAY CALL
SPECIAL MEETINGS.
SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE
AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY
THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY
COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS
OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK
AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A
RESOLUTION OF THE CITY COMMISSION?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 2.04. Induction and meetings.
The City Commission shall, at its first meeting after each general election, which shall be
within three (3) days after the general election (or within thirty (30) days after the runoff election,
if a runoff election is held) elect from its membership a Vice-Mayor who during the absence or
disability of the Mayor, shall perform the duties of Mayor. In the absence or disability of both the
Mayor and Vice-Mayor, the said duty shall be performed by another member appointed by the
Commission.
The City Commission shall meet at such times as may be prescribed by ordinance or
resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon
at least twenty-four (24) hours written notice to each member, served personally, or left at his
usual place of abode; provide, however, that the requirement of such written notice may be
waived at a special meeting by the unanimous vote of the Commission. In addition, special
meetings of the City Commission may be called by a majority of the members of the
Commission upon written notice to the City Clerk and in accordance with the oeocedures set`
forth in a resolution of the City Commission.
No member of the City Commission shall, during the1ime for which he/she was elected,
be appointed or elected to any City office that has been created or the emoluments thereof shall
have been increased during such time.
i
FAA7T0\TURNIRESOS\Proposed Ballot Question and Summary-Charter Amendment-Commission.Si5kial Meetings 262"A' cx
RESOLUTION NO. 2012-27902
A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER SECTION 5.03 OF THE MIAMI BEACH CITY CHARTER
SHOULD BE AMENDED TO ALLOW THE CITY COMMISSION TO
INCREASE, UP TO AN ADDITIONAL ONE PERCENT (1%), THE
RESORT TAX ON ROOM RENT,WITH SUCH INCREASE TO BE USED
SOLELY FOR PURPOSES OF EXPANDING, ENLARGING,
RENOVATING, AND/OR IMPROVING THE MIAMI BEACH
CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT ANY EXCESS
OF SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR
PAYMENT OF ANNUAL DEBT SERVICE AND RELATED
OBLIGATIONS, TO ESTABLISH A CAPITAL RENEWAL AND
REPLACEMENT FUND FOR THE CENTER
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida,a Special Election is hereby called and directed to be held in the
City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 14, 2012, for the
purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with acceptance of the certification of the results of said Special
Election to be performed by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have
been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts in which the official registration books show that the said
electors reside.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305)499-VOTE (8683).
SECTION S.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of§150.031 and §100.342, Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M.
ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT PORTION
OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW THE
COMMISSION TO INCREASE, UP TO ONE PERCENT,THE RESORT TAX
ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE, AND/OR
IMPROVE THE CONVENTION CENTER,INCLUDING PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT THE EXCESS OF
SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT
OF ANNUAL DEBT SERVICE AND RELATED OBLIGATIONS, TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on August 14, 2012,
hereby called, shall be in substantially the following form, to-wit:
2
"OFFICIAL BALLOT"
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT PORTION
OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW THE
COMMISSION TO INCREASE,UP TO ONE PERCENT,THE RESORT TAX
ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE, AND/OR
IMPROVE THE CONVENTION CENTER,INCLUDING PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT THE EXCESS OF
SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT
OF ANNUAL DEBT SERVICE AND RELATED OBLIGATIONS, TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
YES
NO
SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee
voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of said ballot measure.
SECTION 11.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 9th day of May , 2012.
ATTEST:
AT I HERRERA BOWER, MAYOR
* INCORP ORATED'
RAFAEL-E. GRA DO, CITY C r...�a APPROVED AS TO
(Requested by Mayor Matti Herrera 6 FORM&LANGUAGE
F:IATTOWGURIELECTIONSICharter Amendment-Resort Tax Increase Reso(Final 511-12).doc &F EXECUTION
3 r cZ
ty om ata
PROPOSED BALLOT TITLE AND BALLOT SUMMARY
AUGUST 14, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT
PORTION OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW
THE COMMISSION TO INCREASE, UP TO ONE PERCENT, THE
RESORT TAX ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE,
AND/OR IMPROVE THE CONVENTION CENTER, INCLUDING
PAYMENT OF DEBT SERVICE RELATED THERETO, AND PROVIDING
THAT THE EXCESS OF SUCH ADDITIONAL TAX BE USED, AFTER
PAYMENT OF ANNUAL DEBT SERVICE AND RELATED
OBLIGATIONS, TO ESTABLISH A CAPITAL RENEWAL AND
REPLACEMENT FUND FOR THE CENTER?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages.
The City of Miami Beach is authorized and shall have the right to impose, levy and
collect .a tax on the rent of every occupancy of a room or rooms in any hotel, motel, or
apartment house when the renting is for the period of occupancy for imposition of a transient
rental tax as established by F.S. § 212.03 (as amended); and upon the total sales price of all
items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of
alcoholic beverages and/or food; said tax to be paid by the person paying the rent or paying for
the food and/or alcoholic beverage herein specified and to be collected'by the person renting
said rooms or selling said food or alcoholic beverage for the use and benefit of the City. Sales or
rentals exempted by F.S. ch. 212 shall also be exempt from the tax hereby authorized. tea#
tThe total receipts from the above tax levy shall be kept and maintained in a separate fund and
shall in no event be transferred to the general fund, and that-the said fund shall be used for the
promotion of the tourist industry, which shall include, but not be restricted to the following:
publicity, advertising, news bureau, promotional events, convention bureau activities, capital
improvements, and the maintenance of all physical assets in connection therewith; and for the
payment of the reasonable and necessary expenses of collecting, handling, and processing of
said tax. That f
The Commission shall have the authority and power by ordinance to determine and fix
the amount of said tax, after public hearing, not in excess of two percent (2%), except that an
additional tax of up to epetwo percent (42%) (hereinafter. the Additional Tax) may be imposed,
levied and collected on the rent of every occupancy of a room or rooms in any hotel, motel, or
apartment house when the renting is for the period of occupancy for imposition of a transient
rental tax as established by F.S. § 212.03 (as amended),, PreVided th Such aAdditional Gne
peFGGAt(I%)Tax shall be used, subject to the rights of bondholders, as follows:
One percent 0%) of such Additional Tax shall be used:
1.W fifty percent (50%) for public incentives for convention center headquarters
hotel development; and, upon retirement of all debt related thereto, to be used
as in (k2) below;,and
2.(8) fifty percent (50%)-for promotion of tourism related activities and facilities, and
developing, improving, and maintaining tourism related public facilities;
provided that sue#this additional one percent (1%) of such Additional tTax shall
not be imposed until such time as the City of Miami Beach has entered into an
agreement with a developer for development of a convention center
headquarters hotel,-and
Subiect to the passage of an ordinance by the Commission before imposing same,
up to another one percent 0%) of such Additional Tax, shall be used solely for the
purposes of expanding, enlarging, renovating, and/or improving the Miami Beach
Convention Center, including payment of debt service related thereto; and provided,
further (i) that this ug to one percent (1%) portion of the Additional Tax referenced in
this subsection (b) shall not be imposed until such time as the City of Miami Beach
has entered into an agreement with a developer for the expansion, enlargement,
renovation, and/or improvement of the Miami Beach Convention Center: and (ii) that
the excess of this up to one percent 0%) portion of such Additional Tax may be
used, after providing for payment of annual debt service and related obligations, to
establish and maintain a capital renewal and replacement fund for improving and
maintaining the Convention Center.
pFevided The authority created pursuant to Section 8 of Chapter 67-930
shall have no right to receive any portion of such aAdditional ° tTax.
F:\ATTO\AGUR\ELECTIONS\Charter Amendment-Resort Tax Increase-Proposed Ballot Question and Text(Final 5-11-12).doc
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, RAFAEL E. GRANADO, City Clerk of City of
Miami Beach, Florida, do hereby certify that
the above and foregoing is a true and correct
copy of the original thereof on file in this
office.
WITNESS my hand aM the seal of said City
this 1 _day of T r��n A.D., 20j_�,_.
RAFAEL E. GRANADO
City Clerk of the City of Miami Beach, Florida