Resolution 2020-31274 RESOLUTION NO. 2020-31274
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PROHIBITING CANDIDATES FOR CITY ELECTED
OFFICE (INCLUDING INCUMBENTS SEEKING REELECTION) FROM
HOSTING OR CAMPAIGNING AT ANY CHARITABLE OR NOT FOR PROFIT
FOOD DISTRIBUTION EVENT IN THE CITY OF MIAMI BEACH, HELD DURING
THE PERIOD OF TIME BETWEEN THE LAST DAY OF THE ELECTION
QUALIFYING PERIOD UNTIL THE EARLIER DATE OF WHEN THE
CANDIDATE IS ELECTED, DEFEATED, OR BECOMES UNOPPOSED; AND
FURTHER PROHIBITING CHARITABLE OR NOT FOR PROFIT FOOD
DISTRIBUTION EVENTS FROM TAKING PLACE WITHIN 200 FEET OF ANY
POLLING PLACE LOCATED WITHIN THE CITY DURING THE VOTING PERIOD
FOR ANY ELECTIONS, INCLUDING EARLY VOTING PERIOD, BEGINNING
WHEN THE POLLS OPEN FOR VOTING AND ENDING WHEN THE POLLS
CLOSE OR THE LAST VOTER HAS VOTED, WHICHEVER IS LATER.
WHEREAS, in our community, thousands of neighbors struggle with food insecurity every
day; and
WHEREAS, local charitable and/or non-profit organizations (including, without limitation,
Farm Share, Inc.) work daily to make sure that food-insecure Floridians receive the food and
support they need; and
WHEREAS, to accomplish this task, such organizations often partner with food pantries,
churches, schools, and other nonprofits throughout Florida to distribute food every single day;
and
WHEREAS, Florida politicians often collaborate with local charitable and/or non-profit
organizations to host and/or help distribute food to residents;
WHEREAS, due to some instances of Florida elected officials attempting to take
advantage of such food distribution events for political gain, organizations such as Farm Share,
Inc. enacted policies prohibiting individuals seeking to be elected or re-elected to a public office
from hosting or campaigning at Farm Share Food Distribution events during the voting period
(See Farm Share's policy, attached as Exhibit "A"); and
WHEREAS,the Mayor and City Commission have determined that it is in the best interest
of the City to adopt a similar policy to ensure that charitable and/or non-profit food distribution
events are free from political interference; and
WHEREAS, as such, the Mayor and City Commission prohibit candidates for City elected
office (including incumbent seeking reelection) from hosting food distribution events during the
period of time between the last day of the election qualifying period until the earlier date of when
the candidate is elected, defeated or becomes unopposed (unless the event is in response to an
immediate, "Act of God" emergency, i.e. hurricane, tornado, flood, or any other natural disasters);
and
WHEREAS, in addition, no campaigning activities shall take place at any event, including
the wearing of T-shirts related to the campaign, handing out campaign literature or cards, or
otherwise disseminating campaign related information to any attendee or participant of these
events; and
WHEREAS, nothing contained within this Resolution shall prohibit a current City elected
official from attending, volunteering, or participating at any food distribution event during the
aforestated time period; and
WHEREAS, furthermore, to ensure that elections are free from outside interference, the
Mayor and City Commission further prohibit food distribution events from taking place within 200
feet of a polling place during the voting period for any elections, including early voting period,
beginning when the polls open for voting and ending when the polls close or the last voter has
voted, whichever is later.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby prohibit candidates for City elected office (including incumbents seeking
reelection) from hosting or campaigning at any charitable or not for profit food distribution event
in the City of Miami Beach, held during the period of time between the last day of the election
qualifying period until the earlier date of when the candidate is elected, defeated, or becomes
unopposed; and further prohibit charitable or not for profit food distribution events from taking
place within 200 feet of any polling place located within the City during the voting period for any
elections, including early voting period, beginning when the polls open for voting and ending when
the polls close or the last voter has voted, whichever is later.
PASSED and ADOPTED this /3 day of March, 2020.
ATTEST: 12-zil----____
Dan Gelber, Mayor
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Rafael E. Granado, City Clerk
(sponsored by Mayor Dan Gelber, Commissioner Michael Gongora, and Commissioner
David Richardson)
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- EXECUTION
ty Attorney ate
Resolutions - R7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 13, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, PROHIBITING CANDIDATES FOR CITY
ELECTED OFFICE (INCLUDING INCUMBENTS SEEKING REELECTION)
FROM HOSTING OR CAMPAIGNING AT ANY CHARITABLE OR NOT FOR
PROFIT FOOD DISTRIBUTION EVENT IN THE CITY OF MIAMI BEACH,
HELD DURING THE PERIOD OF TIME BETWEEN THE LAST DAY OF THE
ELECTION QUALIFYING PERIOD UNTIL THE EARLIER DATE OF WHEN
THE CANDIDATE IS ELECTED, DEFEATED, OR BECOMES
UNOPPOSED; AND FURTHER PROHIBITING CHARITABLE OR NOT FOR
PROFIT FOOD DISTRIBUTION EVENTS FROM TAKING PLACE WITHIN
200 FEET OF ANY POLLING PLACE LOCATED WITHIN THE CITY
DURING THE VOTING PERIOD FOR ANY ELECTIONS, INCLUDING
EARLY VOTING PERIOD, BEGINNING WHEN THE POLLS OPEN FOR
VOTING AND ENDING WHEN THE POLLS CLOSE OR THE LAST VOTER
HAS VOTED, WHICHEVER IS LATER.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, Commissioner Michael Gongora and
Commissioner David Richardson, the above-referenced Resolution is submitted for
consideration by the City Commission at the May 8, 2020 Special City Commission meeting.
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Page 767 of 865
Mayor Dan Gelber, Commissioner Michael Gongora & Commissioner David Richardson
ATTACHMENTS:
Description
❑ Resolution
Page 768 of 865