20120912 AMMIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 12, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 -Commission Committee Assignments
C4H Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding
Enhancing The Entrances Of The Beach Walk.
(Requested by Commissioner Michael Gongora)
C41 Referral To The Sustainability Committee -Discussion On Adopting And Implementing
Practices At The Miami Beach Convention Center (MBCC) That Contribute To Energy
Conservation And Mitigate Greenhouse Gas Emissions.
(Requested by Commissioner Michael Gongora)
C4J Referral To The Finance And Citywide Projects Committee -Update On The Status Of
Convention Center And Lincoln Road.
(Requested by Commissioner Jerry Libbin)
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Addendum, September 12, 2012
R9 -New Business and Commission Requests
R9M Discussion Regarding A Resolution Urging The Florida Legislature To Exempt From Public Records
Disclosure Absentee Ballot Requests And Personal Information Included On Such Requests.
(Requested by Commissioner Deede Weithorn)
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manag
FROM: Michael Gongora, Commissione
DATE: September 7, 2012
SUBJECT: Referral Item for September 12 Commission Meeting
Please place on the September 12 Commission meeting consent agenda a referral to
the Neighborhoods Committee in regards to enhancing the entrances of the beach walk.
If you have any questions please feel free to contact my aide Diana Fontani at ext 6087.
MG/df
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Agenda Item C 'II{
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Mana
FROM: Michael Gongora, Commissioner ,
DATE: September 7, 2012
SUBJECT: Referral Item for September 12 Commission Meeting
Please place on the September 12 Commission meeting consent agenda a
referral to the Sustainability Committee for discussion on adopting and
implementing practices at the Miami Beach Convention Center (MBCC) that
contribute to our energy conservation goals and pursue development of a
program to mitigate greenhouse gas emissions and develop project ideas to
reduce the MBCC's carbon footprint, efficiency measures and create "Green"
meeting/travel packages. If you have any questions please feel free to contact
my aide Diana Fontani at ext 6087.
MG/df
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Agenda Item C Cf 'I
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION ; ! , MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Jerry Libbin, Commissioner
DATE: September 10, 2012
SUBJECT: REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE
FOR UPDATE ON STATUS OF CONVENTION CENTER AND LINCOLN ROAD
Please place an item on the next Finance and Citywide Committee meeting agenda
for an update from the City Manager and City Attorney's Offices as to where we are
with the above referenced RFQ and RFP processes, and what the proposed
schedule/plan is going forward.
Please contact my office at ext. 7106 if you have any questions.
JL!er
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/\/\I AMI
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
September 7, 2012
MEMORANDUM
SUBJECT: Exempting Absentee Ballot information from the Public Record
On September 6, 2012 the Miami-Dade County Commission passed a resolution sponsored by Chairman
Joe A. Martinez urging the Florida Legislature to exclude from public records information pertaining to
absentee ballot requests.
Section 101.62 in the Florida Statutes requires that absentee ballot requests be "generally" maintained
confidential and exempt from public disclosure. However, this section of the Florida Statutes does make
absentee ballot requests available to political parties and party officials; registered political committees;
committees of continuous existence; candidates who have filed qualification papers and are opposed in
an upcoming election; election officials; canvassing boards; and the voter, who is only entitled to access
his or her own absentee ballot request information.
Florida Administrative Code Rule 1S-2.043 requires that each absentee voter's record (available to those
listed in FSS 101.62) include the voter's name, address to which the voter has requested the absentee
ballot is to be sent, phone number, email address if provided, party affiliation and precinct, with certain
limited exceptions such as for law enforcement. Those individuals and entities listed in FSS 101.62 can
immediately learn which voters have requested an absent ballot by making public records requests for
this information either to a Supervisor of Elections or to the State Division of Elections.
Given the recent cases of alleged fraud in Miami-Dade County, exempting from public disclosure
absentee ballot requests and personal information included on absentee ballot requests would be an
important step against enabling absentee ballot fraud.
It is Commissioner Deede Weithorn's hope that this Commission will follow the lead of the Miami-Dade
County Commission in urging the Florida Legislature to exempt from public records disclosure absentee
ballot requests and personal information included on absentee ballot requests.
Th~
Alex J. Fernandez,
Commissioner Deede Weithorn's Office
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Agenda Item Rq M
Date q-12-12..
RESOLUTION NO. 2012-__ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO EXEMPT FROM PUBLIC
RECORDS DISCLOSURE ABSENTEE BALLOT REQUESTS
AND PERSONAL INFORMATION INCLUDED ON SUCH
REQUESTS.
WHEREAS, absentee ballot requests are generally confidential and exempt from public
disclosure pursuant to Section 101.62, Florida Statutes; and
WHEREAS, Section 1 01.62(3), however, provides that certain persons and entities may
obtain and use absentee ballot requests for political purposes, including:
* Political parties and party officials;
* Registered political committees;
* Committees of continuous existence;
* Candidates who have filed qualification papers and are opposed in an upcoming
election;
* Election officials;
* Canvassing boards; and
* The voter, who is only entitled to access his or her own absentee ballot request
information; and
WHEREAS, Section 101.62 requires each Supervisor of Elections to update and make
available information on absentee ballot requests no later than 8 a.m. of each day, including
weekends, beginning 60 days before the primary election until 15 days after the general
election; and
WHEREAS, Section 101.62 also requires each Supervisor of Elections to transmit to the
State Division of Elections absentee ballot request information on a daily basis; and
WHEREAS, Rule 1 S-2.043, Florida Administrative Code, sets forth in detail the
electronic format to be used for Supervisors of Elections to provide absentee ballot request
information to the State Division of Elections; and
WHEREAS, Rule 1 S-2.043 requires that each absentee voter's record include the
voter's name, address to which the voter has requested the absentee ballot is to be sent, phone
number, email address if provided, party affiliation and precinct, with certain limited exceptions
such as for law enforcement; and
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WHEREAS, candidates, political committees, political parties and committees of
continuing existence immediately can learn which voters have requested an absent ballot by
making public records requests for this information either to a Supervisor of Elections or to the
State Division of Elections; and
WHEREAS, the State Division of Elections posts absentee ballot request information by
county on its website, and candidates, political committees, political parties and committees of
continuing existence can access such information on a daily basis once the State Division of
Elections assigns them a user name and password; and
WHEREAS, candidates, political committees, political parties and committees of
continuing existence then can contact voters who have made an absentee ballot request; and
WHEREAS, information on a voter's decision whether to vote by absentee ballot, by
early voting, or on the day of the election should not be subject to ready access by these groups
and individuals; and
WHEREAS, Miami-Dade County recently has experienced examples of alleged
absentee ballot fraud and, on September 6, 2012, the Miami-Dade County Board of County
Commissioners passed a Resolution urging the Florida Legislature to exempt from public
disclosure absentee ballot requests and personal information included on such requests; and
WHEREAS, exempting from public disclosure absentee ballot requests and personal
information included on absentee ballot requests would be an important step in curbing
absentee ballot fraud.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge
the Florida Legislature to exempt from public records disclosure absentee ballot requests and
personal information included on absentee ballot requests, and further directs the City
Administration to include this item in the City's 2013 State Legislative Agenda.
PASSED AND ADOPTED this_ day of September, 2012.
ATTEST:
Rafael Granado
City Clerk
F:\ATTO\TURN\RESOS\Absentee Ballot Reso.docx
Matti Herrera Bower
Mayor
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