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Home My WebLink About2005-3492 Ordinance ORDINANCE NO. 2005-3492 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS", BY CREATING SECTION 38-6 "EARLY VOTING"; EXEMPTING CITY GENERAL, RUNOFF AND SPECIAL ELECTIONS FROM THE PROVISIONS OF PARAGRAPH (1)(d) OF SECTION 101.657, FLORIDA STATUTES, CONCERNING EARLY VOTING AND INSTEAD AUTHORIZING A SHORTENED DURATION FOR EARLY VOTING FOR CITY GENERAL, RUNOFF AND SPECIAL ELECTIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to section 100.3605(1), Florida Statutes, municipalities are authorized by Ordinance to exempt themselves from provisions of the State Election Code which do not expressly apply to municipalities; and WHEREAS, paragraph (1)(d) of Section 101.657 "Early Voting" of the Florida Statutes, which does not expressly apply to municipalities, sets forth a specific schedule for early voting; and WHEREAS, the City Commission desires to exempt municipal General, Runoff and Special elections commencing with the March 2005 elections from the duration, hours of operation and other restrictions for early voting as provided by Section 101.657(1)(d), Florida Statutes, while enabling the City to provide for a sufficient, but shortened, schedule of early voting in advance of such municipal elections. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Recitals Adopted. That each of the above stated recitals IS hereby adopted and confirmed. SECTION 2. City Code Amended; Earlv Votin2:. That Chapter 38 "Elections" of the Miami Beach City Code is hereby amended by creating Section 38-6 "Early Voting," to read as follows: Sec. 38-6 Early Voting. (a) Pursuant to Section 100.3605(1), Florida Statutes, it is hereby provided that commencing with the November 2005 municipal elections for Mayoral and Commission offices, all City of Miami Beach General. Runoff and Special Mayoral elections are hereby exempted from the provisions of Section 101.657(1)(d), Florida Statutes, (the "Early Voting Statute"). The Early Voting Statute provides for early voting to begin on the fifteenth day before an election and end on the 2nd day before an election and provides other operational restrictions. (b) In lieu of the above-described provisions of Section 101.657(1)(d), Florida Statutes, it is hereby provided that early voting, if authorized by the City Commission, shall commence at Miami Beach City Hall 8 days prior to the general election, and shall occur for a total of 7 consecutive days; with early voting to occur on the Saturday and Sunday immediately preceding any run-off election. (c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the City of Miami Beach. (d) The remaining paragraphs of Section 101.657, Florida Statutes, exclusive of paragraph (1)( d) thereof, shall continue to apply to the City's General. Runoff and S?ecial Mayoral and Commission elections as provided by law. ( e) The City Commission may, by Resolution, adopted in advance of a General, Runoff or Special election for Mayor or Commissioner, alter the site and/or schedule of days and times for early voting from that which is provided above. (f) The City Clerk is hereby authorized to take any action which is necessary or expedient to implement early voting in accordance with this section. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 4. SEVERABILITY If any section, sentence, clause or phrase of this ordinance 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 this ordinance. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect the 18th day of September ,2005. PASSED and ADOPTED this 8th , 2005. ATTEST: MAYOR David Dermer ~Kr~ CITY CLERK . Robert Parcher (As amended on 2nd reading) APPROVED AS TO FORM & LANGUAGE FOR UllON F:\atto\OLIJ\ELECTION\Early Voting Ordinance. doc - ~ 8':J)J:- 3 OFFICE OF THE CITY ATTORNEY ~ tfJlUomi 1ImM F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: SEPTEMBER 8,2005 TO: MAYOR DAVID DERMER and MEMBERS OF THE CITY COMMISSION FROM: MURRAY H. DUB BIN ~~ CITY ATTORNEY ~ SUBJECT: SECOND READING--PROPOSED ORDINANCE AMENDING CITY CODE CHAPTER 38 "ELECTIONS", CREATING CODE SECTION 38-6 "EARLY VOTING" The Neighborhood /Community Affairs Committee has recommended that the City provide for early voting for the November municipal election( s) in accordance with the attached schedule; in the event the City Commission accepts the Committee's recommendation to conduct early voting, an ordinance must be passed by the Commission expressing its intent to exempt its municipal Mayoral and Commission elections from the statutory scheduling restrictions for early voting, as set forth within the Florida Statutes. Accordingly, the attached ordinance has been prepared amending City Code Chapter 38 governing "Elections", via the creation of Code section 3 8-6 entitled "Early Voting", which legislation will enable the City of Miami Beach to conduct early voting for the election of its elected officials in accordance with the City-created schedule. On July 27th, 2005, this ordinance was approved by the City Commission on 1 st reading. JKOIed F;I'llOIOLIJ\ELECTION\RESOlCMEMOIChapter 38 - Early Voting Ordinance - 2005.doc Agenda Item P?5A 1700 Convention Center Drive -- Fourth Floor -- Miami BeacJ Date 9-%-(JS" LIl 0 0 N .,; N t- V) ::l (.!) ::l <l: >= I <l: 0 VI 0:: ::l :z: I- 0 ..J <l: 0:: W :z: W :z: l- E 0 u -0 ~ Ql r. ~ ~ ~ g: lQ ~ NOTICE IS HEREBY given that Rublic hearings will be held by the Mayor. and City Commission of the City of Miami Beach, Flonda, in. the Commission Chambers, 3rd floor, City Hall, '1700 Convention Center Drive, Miami Beach, Florida, on Thursday, September 8, 2005, to consider the following: . CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING 10:15 a.m. . n Ordinance Amending Miami Beach City Code Cha~ter 38 Entitled "Elections," By Creating Section 38-6 "Early Voting"; Exempting City Magoral And Commission Elections From The Provisions Of Paragraph (1 ) b) Of Section 101.657, Florida Statutes, Concerning Early Voting And Ins ead Authorizing A Shortened Duration For Early Voting For City Mayoral And CommIssion Elections. Inquiries may be directed to the City Clerk's office at (305) 673-7411. 5:01 p.m. . THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILEAGE RATE AND BUDGET FOR FISCAL YEAR 2005/2006 FOR THE CITY OF MIAMI BEACH. 5:02 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILEAGE RATE AND BUDGET FOR FISCAL YEAR 2005/2006 FOR THE NORMANDY SHORES LOCAL. GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT. Inquiries may be directed to the Budget Office at (305) 673-7510. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Cenfer Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued ana under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the J;1ublic that: if a person decides to appeal any decision maae by the City Commission with respect to any matter considered at .its meeting or its hearing, such person must ensure that a verbatim record of the proceeClings is made, which record includes the testimony alid evidence upon whicn the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherWise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with aisabilities, and/or any accommodation to review any document or participate in any city- sponsored proceeding. please contact (305) 604-2489 (voice), (305)673- 7218(TTY) five days In advance to initiate your request. TTY users may a.lso call 711 (Floriaa Relay Service). Ad #325 ..