Ch Sc 2.01; 6.03; 1.03 b & cPART I CHARTER AND RELATED SPECIAL ACTS
Subpart A CHARTER*
*Editor's note: Printed herein is the Charter of the City of Miami Beach, as adopted by
referendum November 2, 1993, and effective on November 3, 1993. Amendments to the
Charter are indicated by parenthetical history notes following amended provisions. The absence
of a history note indicates that the provision remains unchanged from the original Charter.
Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform
system of headings, catchlines and citations to state statutes has been used. Additions made
for clarity are indicated by brackets.
State law references: Municipal home rule powers, F.S. ch. 166.
Preamble
Citizens' Bill of Rights
Article I. Corporate Existence, Form of Government, Boundary and Power
Sec. 1.01. Corporate existence; form of government; Charter.
Sec. 1.02. Description of corporate boundary.
Sec. 1.03. Powers of city.
Sec. 1.04. Construction.
Article II. City Commission
Sec. 2.01. Number and selection.
Sec. 2.02. Term and compensation.
Sec. 2.03. Powers of the city commission.
Sec. 2.04. Induction and meetings.
Sec. 2.05. Procedures for passing ordinances generally.
Sec. 2.06. Duties of elected mayor.
Sec. 2.07. Vacancies in city commission.
Sec. 2.08. Removals and suspensions from office of city commission.
Article III. City Attorney
Sec. 3.01. City attorney; duties generally; appointment of personnel.
Article IV. City Manager and Administrative Organization
Sec. 4.01. City manager-Compensation and qualifications.
Sec. 4.02. City manager-Functions and powers.
Article V. Budget and Finance
Sec. 5.01. General power.
Sec. 5.02. Budget.
Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages.
Article VI. Elections
Sec. 6.01. Electors.
Sec. 6.02. Nonpartisan elections.
Sec. 6.03. Qualifying.
Sec. 6.04. Vacancy in candidacy.
Article VII. Initiative and Referendum
[Division 1. Ordinances]
Sec. 7.01. Power of initiative.
Sec. 7.02. Power of referendum.
[Division 2. Ordinances and Charter Amendments]
Sec. 7.03. Form of petition.
Sec. 7.04. Filing, examination, and certification of petitions.
Sec. 7.05. Amendment of petitions.
Sec. 7.06. Results of election.
Article VIII. Schedule, Miscellaneous
AND POWER
Sec. 1.01. Corporate existence; form of government; Charter.
The City of Miami Beach (hereafter "City") in Dade County, Florida, which was created
by the Florida Legislature, shall continue as a municipal corporation with a Commission-City
Manager form of government as provided herein and with this document as the Charter for the
c ty.
Sec. 1.02. Description of corporate boundary.
The area described in Appendix A of this Charter shall constitute the corporate
boundary of the City of Miami Beach.
Sec. 1
(a)
(b)
(c)
.03. Powers of city.
General The City shall have all governmental, corporate, and proprietary powers to
enable it to conduct municipal government, perform municipal functions, and render
municipal services, and may exercise any power for municipal purposes except as
expressly prohibited by law or this Charter.
Alienability of property. The only limitation concerning alienability of City-owned property
is the restriction of the sale, exchange, conveyance or lease of five (5) years or longer
(including option periods) of park, recreation, or waterfront property in the City of Miami
Beach while it is being used for such public purpose, unless such sale, exchange,
conveyance or lease is approved by a majority vote of the voters in a City-wide
referendum. This provision shall be liberally construed in favor of the preservation of all
park, recreation, and waterfront lands. This provision shall not be construed to apply to
any valid written contractual commitments or bids or bonded indebtedness which
commitments, bids or indebtedness existed prior to November 4, 1992. Further, this
provision shall not apply to any City-owned educational facility or library property, any
parking facility not located on park, recreation, or waterfront property or to any utility or
access easements or right-of-ways, or to that triangular parcel of City-owned property
known as Parcel 2 of South Pointe Park located within the Miami Beach Redevelopment
Area, said parcel generally described as being 138.87 feet fronting on Biscayne Street
with a northerly boundary of 265.43 feet adjacent to Block 8 of South Pointe
Development company, and a Southeasterly boundary of 226.20 feet adjacent to Cook
Inlet Region property.
The floor area ratio of any property or street end within the City of Miami Beach adjacent
to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio
as it exists on the date of adoption of this Charter Amendment [November 7, 2001],
including any limitations on floor area ratios which are in effect by virtue of development
agreements through the full term of such agreements, unless any such increase in
zoned floor area ratio for any such property shall first be approved by a vote of the
electors of the City of Miami Beach. This Charter Amendment shall become effective on
the day after its approval by the voters of the City of Miami Beach. No rights in
derogation of the provisions of this Amendment under any ordinance or any other action
of the Miami Beach City Commission between the time this measure is approved by the
Miami Beach City Commission for placement on the November 6, 2001 ballot and the
adoption of this Amendment shall be enforced against the City of Miami Beach.
(Res. No. 97-22413, 6-4-97; Res. No. 98-22763, 6-3-98; Res. No. 2001-24539, 7-18-01)
Sec. 1.04. Construction.
The powers of the City shall be construed liberally in favor of the City, limited only by the
United States and Florida Constitutions, general and special law, and specific limitations in this
Charter.
The term "City Commission" includes the Mayor and the six (6) City Commissioners.
ARTICLE II. CITY COMMISSION
Sec. 2.01. Number and selection.
The City Commission shall consist of six (6) City Commissioners and a Mayor who shall
be elected at large. Each City Commissioner shall be a qualified elector of the City. City
Commissioners shall be elected for groups numbered and designated I--VI. No candidates for
the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the
office of Mayor.
Commissioners in groups numbered I, II and III shall be elected at the general election
to be held on the first Tuesday in November, 1997 and at each general election each four (4)
years thereafter. Commissioners in groups numbered IV, V, and VI shall be elected at the
general election to be held on the first Tuesday in November, 1995 and at each general election
each four (4) years thereafter. The Mayor shall be elected at the general election to be held on
the first Tuesday in November, 1995 and at each general election each two (2) years thereafter.
A candidate must receive a majority of the votes cast to be deemed elected. If no
candidate receives a majority of the votes cast, there will be a runoff election between the two
candidates in each group receiving the highest number of votes; should a tie result, the
outcome shall be determined by lot. This runoff election shall occur one week from the date of
general election.
In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall
be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami
Beach for the filling of a vacancy.
Sec. 2.02. Term and compensation.
The term of office of the Mayor shall be two (2) years. The term of office of the City
Commissioners shall be four (4) years.
Commencing with the General Election in November 1997 (excluding individuals holding
City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for
Miami Beach Commissioners shall be eight consecutive years and the term limit for Miami
Beach Mayor shall be six consecutive years respectively, measured retroactively from their first
elections said terms not including time served as a member of the City of Miami Beach
Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07
for the period of occupancy for imposition of a transient rental tax as established by F.S. §
212.03 (as amended), provided that such additional one percent (1%) shall be used, subject to
the rights of bondholders, (A) 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 (B) below, and (B) fifty percent (50%) for promotion of tourism related activities and facilities,
and developing, improving and maintaining tourism related public facilities; provided that such
additional one percent (1%) of tax 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 provided further that the authority created pursuant to Section 8 of
Chapter 67-930 shall have no right to receive any portion of such additional one percent (1%) of
tax.
Editor's note: The resort tax in this section was authorized by Laws of Fla., ch. 67-930, which
required this Charter provision and which general law of local application, Laws of Fla., ch.
67-930, is recognized and continued in F.$. § 125.0104(3)(b).
ARTICLE VI. ELECTIONS*
*State law references: Florida Election Code, F.S. chs. 97--106.
Sec. 6.01. Electors.
Any person who is a resident of the City of Miami Beach, who has qualified as an elector
of the State of Florida and who registers in the manner prescribed by law shall be a qualified
elector of the City.
State law references: Registration of electors, F.S. § 97.105; qualification of electors, F.S. §§
97.041,166.032.
Sec. 6.02. Nonpartisan elections.
All elections for the office of City Commission shall be conducted on a nonpartisan basis
without any designation or political party affiliation.
Sec. 6.03. Qualifying.
The City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City who, within the four (4) consecutive days
immediately following the first Monday of September prior to said general election, shall have
paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent
(7 1/2%) of the annual salary of the office to which he/she seeks election as a qualifying fee
and shall have been photographed and fingerprinted by the identification bureau of the Police
Department of the City, unless such person shall file with the City Clerk no later than the
second day for qualifying as a candidate for such office, a petition approving his candidacy
signed by sufficient qualified and registered voters to constitute not less than two percent (2%)
of this number of such voters as the same shall be on the date sixty (60) days prior to the first
day of qualifying as a candidate for office, and shall have taken, signed and subscribed to an
oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she
is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida; (3)
his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances
(including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of
Miami Beach, Florida, to hold the office for which he/she is a candidate.
Such oath or affirmation shall be substantially in the following form:
TABLE INSET:
Before me, an officer authorized to administer oaths, personally appeared to me well known
who, being sworn, says that he/she is a candidate for the office of City Commissioner (Group
No. (or Mayor) for the City of Miami Beach, Florida; that he/she is a qualified elector
of said City; that his/her legal residence is: , Miami Beach, Dade County, Florida;
that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38
governing "Elections") and Charter of said City to hold such office; and that he/she has paid the
required qualification fee.
Sworn to and subscribed before me this
Signature of Candidate
day of A.D., 19 .
Authorized Officer
The City Commission shall, by ordinance, prescribe the manner of holding general and
special elections not inconsistent with the provisions hereof, and shall, by ordinance or
resolution, prescribe polling places in the various voting precincts in the City.
Sec. 6.04. Vacancy in candidacy.
If the death, withdrawal or removal of a qualified candidate for Miami Beach City
Commission following the end of the qualifying period results in only one candidate remaining
on the ballot for that office, there shall be one supplemental qualifying period of five (5) days
beginning on the first day following the vacancy in candidacy. No further supplemental
qualifying period shall thereafter be established at all if a vacancy in candidacy occurs within
twenty-six (26) days prior to the date of the general election for the office of City Commissioner
or Mayor. If within twenty-six (26) days prior to the date of the general election for the office of
City Commissioner or Mayor, there is only one candidate on the ballot for an elected office, said
candidate shall be declared elected and no election for that office shall be required.
State law references: Filling vacancy in candidacy, F.S. § 166.031(6).
ARTICLE VII. INITIATIVE AND REFERENDUM