2013-3804 Ord ORDINANCE NO. 2013-3804
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 INCLUDING
REFERENCE TO APPLICABLE STATUTORY PROVISIONS OF
FLORIDA ELECTION CODE; CORRECTING TYPOGRAPHICAL
ERRORS; AMENDING CITY CODE SECTION 38-4 TO PROVIDE FOR
COMMISSION CANVASSING OF ELECTION RETURNS ON THE
FIRST BUSINESS DAY IMMEDIATELY FOLLOWING THE COUNTY
SUPERVISOR OF ELECTION'S ISSUANCE OF FINAL ELECTION
RETURNS AND CONFIRMING AUTHORIZATION OF EMERGENCY
COMMISSION ACTION TAKEN AT ANY COMMISSION MEETING
OCCURRING BETWEEN GENERAL ELECTION DATE AND
ACCEPTANCE OF FINAL RUN-OFF ELECTION RETURNS;
AMENDING CITY CODE SECTION 38-6 BY ESTABLISHING THE
NUMBER OF DAYS FOR EARLY VOTING RELATIVE TO CITY
GENERAL, RUN-OFF AND SPECIAL ELECTIONS UPON CITY
COMMISSION AUTHORIZATION OF EARLY VOTING, AND
AUTHORIZING CITY COMMISSION TO CHANGE EARLY VOTING
SCHEDULE FOR ELECTIONS NOT HELD IN CONJUNCTION WITH
COUNTY OR STATE ELECTIONS; - AND CREATING CITY CODE
SECTION 38-7 ENTITLED "PETITIONS" ESTABLISHING
INFORMATION TO BE PROVIDED BY PETITION CIRCULATORS AND
PERSONS SIGNING INITIATIVE, REFERENDUM AND/OR RECALL
PETITIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections" is hereby
amended as follows:
Chapter 38
ELECTIONS.'
1 Charter references—Elections, Art. VI; Initiative and Referendum Elections, Art. VII.
Cross references—Any ordinance calling elections or prescribing the manner of conducting
the election in accordance with State law saved from repeal, §1-10(a)(16); Administration,
Ch. 2; City Commission, § 2-31 et seq.; election signs, § 138-134.
State Law reference—Florida Election Code, Fla. Stat. Chs. 97-106.
Sec. 38-1. State law adopted.
Subiect to provisions of Florida Statute X100.3605, A4 general laws of the sState relating to
elections which are not inconsistent or in conflict with the provisions of the Charter or this
chapter are hereby adopted as part of this chapter.
Sec. 38-2. City Commission to perform duties of County Board of Commissioners.
Subiect to provisions of Florida Statute §100.3605, Tthe sCity GCommission shall perform all
acts in relation to general sCity elections which, by the sState law, are made the duty of the
bBoard of sCounty GCommissioners.
Sec. 38-3. Resolution by City Commission setting forth date and purpose of election,
deadline for registration, polling places, change of polling places.
(a) For the purpose of making proper provision for each municipal election held in the sCity, the
sCity sCommission shall, not less than 30 days prior to the proposed date of such election,
adopt a resolution setting forth the following:
(1) The date upon which such election is to be held.
(2) The purpose of such election.
(3) The days and hours, prior to the date of such election during which persons qualified
to vote therein may register for the election.
(4) The list of polling places in the several precincts provided for by resolution.
(5) The form of ballot to be used in such elections, prepared in compliance with all
statutory requirements relating to the use of mechanical or other approved voting
machines or devices.
(b) The sCity sCommission shall further authorize and direct the sCity sClerk to give notice of
the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by
and through the publication of an appropriate advertisement in a newspaper meeting the
requirements set forth in Florida Statute §50.031 once a week for four consecutive weeks
next preceding the day upon which such municipal election is to be held. If any polling place
designated in such resolution shall become unavailable for use as such, the sCounty
sSupervisor of eElections shall designate another polling place in the manner provided by
sState law.
Sec. 38-4. Canvass of Returns;Installation of New Officers.
On the first business day immediately following the County Elections Supervisor's issuance of
final election results, tThe sCity sCommission shall meet on the fir-s+�.Nezdnesday after a goner^I
,•r`ity G+ z'e mmi660vn shall meet ^r, the day af+eFthe run^#ele,++,^^, for the purpose of canvassing
the returns of such election(s) and ascertaining the results thereof. Should no rRun-eOff
eElection be necessary, new officers shall be declared elected subsequent to canvass of final
General eElection returns en the ffir st. .N ay + geF;e Fal €yes+;^^ ^r ,6-
at which time the new officers shall be installed and shall enter upon
2
the discharge of their duties; if a r-Run-eOff eElection is necessary, all new officers shall be
declared elected subsequent to canvass of final -FRun-eOff eElection returns on the first
business day after the neff elect;^^ immediately following the County Elections Supervisor's
issuance of such final election results, at which time the new officers shall be installed and shall
enter upon the discharge of their duties. Moreover, if a -FRun-90ff eElection is necessary, the
&Commission meetings occurring on the first VVedResda ,ft�the geReFal ono,.+,,,., between
the date of General Election and the Commission's acceptance of final Run-Off Election returns
shall occur for the limited purpose of canvassing the returns of such general election, and/or to
address any emergency matter, pursuant to Florida Statute 052.38 (as amended from time to
time) and City Charter§2.05.
Sec. 38-5. Appointment and Duties of City Clerk in Connection with Elections.
The &City sClerk is nominated and appointed as the responsible official of the &City and is
hereby empowered, authorized and directed to perform all duties and functions and to exercise
all powers of the sSupervisor of FegiStFatien 9 eElections required to be performed under this
Code, the &City Charter, the &County Charter or Code and the laws and constitution of the
&State in connection with municipal elections; however, whenever any act or duty with respect
to an election has been, or may be, performed by the sSupervisor of eElections of the &County,
it shall not be necessary for the &City sClerk to duplicate that act, but the sClerk may rely upon
the actions of the&Supervisor of eElections of the&County.
Sec. 38-6. Early voting.
-,* ,
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eight days prier to the gemer-al 6-24-949R, and shall GGG61F f9F a tetal ef seveR GOF;6er.6itiv- ,
e
(a) Pursuant to Florida Statute §101.6570){ (e), (the "Early Voting Statute"), the City of Miami
Beach may provide for early voting in City elections that are not held in conjunction with County
or State elections, with the ability of the City to designate as many early voting sites as
necessary and to conduct its activities in accordance with the provisions of Florida Statute
§101.657(1)(a)-(c).
(b) If authorized by the City Commission per subsection (a) above, early voting shall occur at
Miami Beach City Hall and the North Shore Branch Library in accordance with the following
schedule:
1. General Election: Early voting shall commence fitfteen days immediately preceding
the General Election for a total of fourteen consecutive days.
3
2. Run-Off Election: Early voting shall occur on the Saturday and Sunday immediately
Preceding any Run-Off Election.
3. Special Election—stand alone (not otherwise held in conjunction with General or
Run-Off Election)2: Early voting shall commence fifteen days immediately preceding
such Special Election for a total of fourteen consecutive days.
(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 Florida Statute §101.657, exclusive of paragraph (1)(d)
thereof, shall continue to apply to the sCity's g eneral, -FRun-eOff and sSpecial eElections as
provided by law.
(e) The sCity sCommission may, by resolution, adopted in advance of a g eneral, fRun-eOff or
sSpecial eElection that is not held in conjunction with a County or State election per subsection
a above, alter the sites and/or schedule of days (and times, when early voting is either not
conducted by the County Supervisor of Elections, or when the Supervisor is conducting the
early voting but has not exercised the discretion to determine the early voting hours) for early
voting from that which is provided above.
(f) The sCity sClerk is hereby authorized to take any action not otherwise inconsistent with State
or County law, which is necessary or expedient to implement early voting in accordance with
this section.
Sec. 38-7. Petitions.
Each signer of an initiative, referendum or recall petition submitted pursuant to Article VII of the
City Charter or Florida law, shall place thereon, his or her name (both printed and signed), his or
her street address including City and State, his or her date of birth or voter registration number,
and the date on which he or she signed the petition. Each person circulating a copy of the
petition shall attach to it a statement confirming that the circulator personally witnessed each
person whose signature appears on the petition personally sign the petition on each of the
respective dates set forth therein.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. 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.
2 The Early Voting time period for any Special Election held in conjunction with a General or
Run-Off Election shall occur in accordance with the respective time periods set forth above in
Code §38-6(b) 1 and 2.
4
SECTION 4. 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 re-
lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 27th day of July , 2013.
PASSED and ADOPTED this 17th day of July
ATTEST:
�•"" TTI Ht T F EM ER
INCORP ORATED:
RAFAEL E. GRANADO, C ER APPROVED AS TO
�� ?� �� FORM &LA GUAGE
••- • • ;•� &FOR C TION
7 f, 113
A RNEYVf A
FA\ATTO\TURN\ORDINANC\Amending Chapter 38 regarding Elections and Petitions-Second Reading Version.docx
5
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
SECOND READING
CC: Jimmy Morales, City Manager PUBLIC HEARING
FROM: Jose Smith, City Attorney
Rafael E. Granado, City erk /
e
DATE: July 17, 2013
SUBJECT: PROPOSED HOUSEKEEPING AMENDMENTS TO CITY CODE CHAPTER 38
"ELECTIONS"
In addition to those provisions of the City Charter relating to City elections,' there are
City Ordinances codified in Chapter 38 of the City Code dealing with the process of conducting
City elections. The majority of the provisions in Chapter 38 were originally enacted in 1964. In
order to ensure compliance with applicable statutory and County Code provisions, periodic
review of these Code provisions is required. Accordingly, the City Attorney's Office has
reviewed and analyzed Chapter 38, resulting in the attached Ordinance containing the following
City Code amendments presented as a housekeeping matter:
I. Amendments required by Florida law due to statutory preemption
Prior to the 2011 statutory amendments to the State's Early Voting Law (Section
101.657, Fla. Stat.), municipalities had the power to opt out of the State's law and could thus
self-regulate Early Voting for its elections. This ability to opt out was exercised by the City
Commission in 2005, resulting in the adoption of City Code section 38-6 which provides, in part,
for a total of 7 days of Early Voting preceding every General Election.
However, last year, the State Legislature amended Section 101.657 by preempting a
municipality's ability to completely opt out of the State's law. Municipalities must now adhere to
the statutory Early Voting schedule for those City elections held in conjunction with County or
State elections. However, for those City elections not held in conjunction with County or State
elections, cities such as Miami Beach may opt out of the statutory provisions and thus may
regulate the number of days and sites for Early Voting.
Accordingly, the City Code amendments proposed herein establish the City's policy
decision to self-regulate its Early Voting for City elections not held in conjunction with County or
See Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum."
:Agenda Item
Date 7-11-1
State elections. The amendments propose a 14-day Early Voting period with Early Voting sites
at City Hall and the North Shore Branch Library.
II. Amendments required due to County Elections Department Process
In order to reflect the County Elections Department's procedure regarding the timing of
its issuance of Final Election Returns, the proposed City Code amendments include changing
the date on which the City Commission accepts/canvasses election returns from the day after
the election date to the first business day immediately following the County Supervisor of
Election's issuance of Final Election Returns.
III. Miscellaneous Amendments
Although not mandated by State or County law, the City Attorney further recommends as
a housekeeping matter that the City Code amendments include language:
• Confirming the City Commission's power to take emergency action at any Commission
meeting occurring between a General election date and the date on which it accepts
final Run-Off election returns; and
• Including specific statutory citations to applicable provisions of the Florida Election Code,
as well as corrections to non-substantive typographical errors; and
Creating City Code section 38-7, entitled "Petitions," for the purpose of ensuring ballot
integrity with regard to initiative, referendum, and recall petitions filed under Article VII of
the City Charter or Florida law. Signers of such Petitions shall be required to provide
their address, date of birth or voter registration number, and date of signature to conform
to current petition requirements. Petition Circulators shall also provide a statement
confirming that they personally witnessed each signature.
IV. Proposed Amendments to Apply Prospectively After Adoption
At the request of Commissioner Ed Tobin, the City Attorney has researched and
responds to the issue of retroactivity of the amendments proposed herein. In the absence of
clear legislative intent to make the law retroactive, a law affecting substantive rights is presumed
to apply prospectively only, while procedural or remedial statutes are presumed to operate
retrospectively. See Young v. Altenhaus, 472 So.2d 1152 (Fla. 1985), Memorial Hospital-West
Volusia, Inc. v. News-Journal Corp., 784 So.2d 438 (Fla. 2001), and Metropolitan Dade County
v. Chase Federal Housing Corp., 737 So.2d 494 (Fla. 1999). Moreover, even if legislation
clearly expressed an intent that it apply retroactively, the retroactive application will not be
constitutionally permissible if it impairs vested rights, creates new obligations, or imposes new
penalties. See State Farm Mutual Auto. Insurance Co. v. Laforet, 658 So.2d 55, 61 (Fla. 1995).
Here, there is no legislative expression of retroactive intent. Even if such intent was expressed,
the amendments would arguably not apply retroactively to an initiative petition which utilized the
existing forms provided by the City Clerk, was already circulated, and has already been verified
by the County Supervisor of Elections. Principles of equitable estoppel and the potential
application of new obligations, expenses, and time constraints which would place burdens on
2 Per Section 101.657, Fla. Stat., the County Supervisor has the discretion to regulate the hours
of Early Voting in the event the County conducts Early Voting.
2
the ability to have the item placed on the November ballot would support the prospective
application of the proposed amendments.
V. Economic Impact Analysis
Pursuant to City Charter Section 5.02, the City is required to consider the long-term
economic impact (at least 5 years) of proposed legislative actions. The predominant economic
impact of the proposed Ordinance concerns the proposed increase in the number of Early
Voting days for City stand-alone elections (not held in conjunction with County or State
elections) from 7 to 14, with a daily Early Voting cost of $6,400 ($3,200/day x 2 sites =
$6,400/day) and an increased annual cost to the City of $44,800 ($6,400/day x 7 days =
$44,800/per election). Therefore, assuming one City stand-alone election per year, the
projected economic impact of this Ordinance over a period of 5 years is $224,000
($44,800 x 5 years = $224,000).3
F:\ATTO\TURN\COMMMEMO\Chapter 38 Amendments-Second Reading Version.docx
3 See Estimates from the Miami-Dade Elections Department attached as the Composite Exhibit
hereto.
3
ESTIMATE
Miami Beach General Municipal Election November 5, 2013 (Stand Alonel
Rafael E.Granado, City Clerk Estimate N°: Ma-SA-110613
City of Miami Beach• Estimate Date; April 16,2013
1700 Convention Center Drive,#200
Miami Beach, FL 33139
Registered Voters: 49,926 Early Voting Days: 14
Precincts: 36 Early Voting Sites: 2
Polling Places: 23
Permanent Absentea Ballots: 5,602
Personnel $ 64,927.55
Salaries R Fringe Be.noths,Overtime,Poll Workers
Polling Places 9,900.00
Security,Polling Place Rentals
Supplies and Services 5,392.09
Elccdon Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles 7,358.00
Truck Rentals,GSA Vehicles
Printing and Advertising 26,460.78
Absentee,Early Voting u Precinct aellots,romporary Polling Place Change Norices,Newspaper Ads
Postage 13,738.99
Absentee Ballots Sent and Business Reply,rernporary Polling Place Change Notices,Leftors
Ballot Creations 2,410.00
In-House&Outsldo Contractual Services,rranslatlons-Based on one question
Administrative Overhead 13,018.73
Indirect Costs,Logic&Accuracy,Post Electron Audlts
Early Voting 89,600.00
Estlrnafed at$3,200 per requested number of sites and days
`TOTAL s 21"8 - 6
'.Please note these costs are estimates and are subject.to change. This estimate
does include the cost of ballot printing; however, if your questlon(s)trace(s)
creates an additional b,1lt2t tsage, the cost will be adjusted accordingly.
For more Information,you may contact:
Patrlcia.Prochnicki
Elections Budget and Finance Chief
Mlami-Dade Elections Department
2700 NW 87 Avenue
Mlantt,irlorida 33172
Office:305499.8668 E-mail:bproch @miamidade.gov
Composite Exhibit
Agenda Item S A
Date 7-1-7-I
ESTIMATE
Miami Beach General Municipal Election November 5 2013 Stand Alone
Rafael E. Granado,City Clerk Estlmate N°: iris-SA-110513
Clty of Miami Beach Estimate Date: April 16,2013
1700 Convention Center Drive,#200
Miami Beach, FL 33139
Registered Voters: 49,926 Early Voting Days: 7
Precincts: 36 Early Voting Sites: 2
Polling Places: 23
Permanent Absentee Ballots: 51602
Personnel $ 64,927.55
Salarfes&Fringe Benefits,Ovarilme,Poll'Workers
Palling Places 91900.00
Security,PoNing Place Rentals
Supplies and Services 5,392.01
Electlon Suppiles,Cornmunlcatlon Charges,Absentee Ballots Set Up
Trucks and Vehicles 7,358.00
Truck Ronials,GSA Vehicles
Printing and Advertising 26,460.78
Absentee,Early Voting'&Precinct Ballots,Temporary PoUing Placa Change Notices,Newspaper Ads
Postage 13,738,99
Absentee Ballots Sent and Business Reply,Temporary PoWng Place Chdngo Notices,Letters
Ballot Creation 2,410.00
In-House&OWslde Contractual SaMces,Translations-Based on one question
Administrative Overhead 13,018.73
lndlrect Costs,Logic&Accuracy,Post-Election Audits
Early Voting 44,800.04
Estimated at$3,200 per requested number of sties and days
*TOTAL.
Pleaso note these costs are estimates and are subject to change. This estimate
does Include the cost of ballot printing; hotve4er, If your quesflon(s)/race(s)
creases an gddltLgyal ballot page, the cost will be adjusted accordingly.
For more Information,you may contact:
Patricia Prochnicki
Elections Budget and Finance Chief
Miami-Dade Electlona Department
2700 NW 87 Avenue
Miami,Florida 33172
Offlce:305-499.8568 E-mail:bproch@mlanilfJade.gov
!ISNE :1 THURSDAY,:JUNE-27;2013 _NE
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MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC`HEARINCS .
NOTICE IS HEREBY given that public hearings-will be held by the Mayor and City Commission of
the City qf.M iam i Beach,Florida,in the Commission Chambers,-3rd Floor,City Hall,-1700 Convention
Center Drive Miami Beach,Florida on Wednesday,July 17,2013 to consider the following:
10:00 a.m.. -
A Resolution.Of The Chairperson And-Members Of The Miami Beach Redevelopment-Agency
Adopting And Appropriating The First Amendment To The Operating Budget For The._City Center
-Redevel.opmentArea,.For Fiscal Year 2012/.13..
Inquiries may be directed to the Tourism and Cultural Development.Department at(305)-673-7577..
10:15 a.m,
Ordinance-Amending Miami Beach City Code Chapter• 8,-Entitled "Elections,".By:Including
Reference To Applicable Statutory-Provisions Of Florida Election Code;Correcting Typographical
Errors;: Amending ,City Code Section 38-4 To Provide For. Commission Canvassing Of
Election Returns on The first Business.Day Immedi,ately-Following The County S. upervisor-Of
Election's Issuance Of.:Final Election Returns And Confirming Authorization Of Emergency
Commission Action.Taken At Any Commission Meeting Occurring Betweert General.Election
Date.And.Acceptance Of Final Run-Off Election Returns;AM.Priding City Code Section 38-6 By
Establishing The Number Of Days-For• arl y Voting Relative To.City General,Run-Off And Special
Elections Upon City Commission Auth-orization-Of'Early Voting.And Authorizing'City Commission
'To-Change- Early Voting-Schedule For Elections Not Held,.In Copju.nbtio.n With County-Or-
.State Elections;And Creating City Code Section_.,38-7.Entitled-"Petitions"Establishing Information
n-.
To Be Provided By Petition Circulators And Person6'Signing lnitiative, Referendum And/or
Recall,Petitions-
Inquiries may be directed to the City Attorney's Office at(305)6734470.
110:30 a.m.
Ordinance.Amending Thb- The City Of Miami-Beach, By Amending.Chapter 2,.Entitled.
"Administration,",-By,A.Me,pd,n Article:i-ll,:Entft I ed 'Agencies,'Boards And Committees;"By Amending
Division 1.,Ent#Ied!GefteraIIj, B
y Amending,Sectior-2-22,Entitled"General Requirements,"To Provide
Procedures'For 7helfillinb- f pecial Vacancies On The Board Of Adjustment,Planning.Board,Design
Review.Board Arid Historic Pre.Wvabion Bi6ard;-By Amendi'ng.Section 2-24, Entitled"Terminafiori-,Of
Office Of Age�cy, Board And-Committee.Members,,"T6 Amend The Exception Provisions To Include
Special Vacancies Filled-Pur.suant.To Section 2.-22(21,:).-.
Inquiries may be directed-to the Cit y Attorney's Office at 305)M
-7470.
INTERESTED PARTIES are invited to appear at this meeting,-or-be represented by.an agent,onto express
6 �ity.Qpm(nissidn,t/6-the-City.Cl�r Clerk,1700 Convention
their views.in writing addressed to-th C, k -Center Drive,
1st Floor,City Haill,'Mialmi Beach,.Florjd a 33139..-Copies of these items jaro.available for public inspection
during normal business hours inthe CiVClerk's-Office,1700.Convention Centef Drive,1 st Floor,City Hall,
-Miami Beach,'Florida 33139.7his meeting 0
r any-of the items herein'may.be continued,and under such
circumstances additional legal notice-w ill not be provided.
Rafael E.Granado,City Clerk.
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat,the City hereby by advises the.public that:if a-person-decides to
appeal any decision made,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.proceedings is made,which
record includes the.testimbny and evidence upon which the appeal is to be based.This notice does-not
constitute,consent by the City for the-intr6duction'or admission of otherwise I inadmissible or irrelevant
evidence,.nor'&'es itauthorize challenges or appeals'not other�wise allowed by law.-
To request this material in accessible format,sign-language interpreters,.information on-access for
persons with disabilities and_lor.any accommodation to review any document or participate in any
_11 City-sponsored proceeding,please contact-us five days'in advance.at(305)673=741 1(voicep or TTY,
users may also call-the Florida Relay Service at 711.1 'r. t v 1
Ad#187