Resolution 2021-31823 RESOLUTION NO. 2021-31823
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 2, 2021 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A NON-
BINDING STRAW BALLOT QUESTION ASKING THE ELECTORATE
WHETHER THEY WOULD SUPPORT THE CITY COMMISSION ADOPTING A
RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND SECTION
212.0306, FLORIDA STATUTES, TO ALLOW FOR THE COLLECTION OF A
ONE PERCENT HOMELESS AND DOMESTIC VIOLENCE TAX WITHIN THE
CITY OF MIAMI BEACH TO ASSIST HOMELESS PERSONS, AND THOSE AT
RISK OF HOMELESSNESS, AND VICTIMS OF DOMESTIC VIOLENCE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held in
the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 2, 2021, for
the purpose of submitting to the electorate the non-binding, straw ballot question as set forth
hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts as determined by the Miami-Dade County Election
Officials.'
Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
SECTION 4.
Not less than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made
in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the
Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M.
UNTIL 7:00 P.M. ON THE 2nd DAY OF NOVEMBER, 2021, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
NON-BINDING STRAW BALLOT QUESTION:
Non-Binding, Straw Ballot Question:
Urge Legislature: 1% tax
for Homeless Assistance/Domestic Violence Centers
Would you support the City Commission adopting a Resolution urging the Florida
Legislature to amend Section 212.0306, Florida Statutes, to allow for collection of a one
percent (1%) tax on food and beverage sales for consumption on premises in the City of
Miami Beach, which would not apply to hotels and motels, in order to assist homeless
persons and those at risk of homelessness, and for the construction and operation of
domestic violence centers?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to participate
in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 2, 2021,
hereby called, shall be in substantially the following form, to-wit:
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"OFFICIAL BALLOT"
Non-Binding, Straw Ballot Question:
Urge Legislature: 1% tax
for Homeless Assistance/Domestic Violence Centers
Would you support the City Commission adopting a Resolution urging the Florida
Legislature to amend Section 212.0306, Florida Statutes, to allow for collection of a one
percent (1%) tax on food and beverage sales for consumption on premises in the City of
Miami Beach, which would not apply to hotels and motels, in order to assist homeless
persons and those at risk of homelessness, and for the construction and operation of
domestic violence centers?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be in
compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this
Special Election until 5:00 p.m. on October 4, 2021. All persons eligible to vote at this Special
Election must be registered before the time and date set forth herein or have registered previously,
as provided by law. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections
Department. All questions concerning voter registration should be directed to the Miami-Dade
County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305)
499-VOTE (8683).
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SECTION 9.
That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled
to cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of this Resolution or of the ballot measure set
forth above in this Resolution 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 said
Resolution or ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this L 8 day of crt..7 , 2021.
ATTEST:
DAN GELBER
7-3/ g f 3 J.fit' MAYOR APPROVED AS TO
RAFAEL E. GRANADO FORM&LANGUAGE
CITY CLERK &FOR EXECUTION
7-243 -2,
Q\P Diaz/Attorney p I�`Z Date
(Sponsored by City Commissioner Ricky Arriola)
Ik!"CRPRATED'
4 �.
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Resolutions - R7 Z
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
SECTION 212.0306 OF THE FLORIDA STATUTES, TO ALLOW FOR THE
COLLECTION OF A ONE PERCENT HOMELESS AND DOMESTIC
VIOLENCE TAX WITHIN THE CITY OF MIAMI BEACH TO ASSIST
HOMELESS PERSONS, THOSE AT RISK OF HOMELESSNESS, AND
VICTIMS OF DOMESTIC VIOLENCE.
ANALYSIS
The attached Resolution was prepared at the request of Vice-Mayor Ricky Arriola, the sponsor
of this item, for consideration at the July 28, 2021 City Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
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 Trackinct
Office of the City Attorney
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
o Resolution
Page 1773 of 2012