Ordinance 2022-4476 •
ORDINANCE NO. 2022-4476
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
38 ENTITLED "ELECTIONS", SECTION 38-3 THEREOF ENTITLED
"RESOLUTION BY CITY COMMISSION CALLING ELECTION AND NOTICING
THEREOF" BY CLARIFYING DETAILS OF RESOLUTIONS CALLING SPECIAL
ELECTIONS ON PROPOSED BALLOT MEASURES, AND AMENDING CODE
SECTION 38-4 ENTITLED "ACCEPTANCE OF ELECTION RETURNS;
INSTALLATION OF NEW OFFICERS" BY EXPRESSLY PROVIDING THAT
DATE OF CITY COMMISSION'S ACCEPTANCE OF ELECTION RETURNS
APPLICABLE TO CITY GENERAL AND SPECIAL ELECTIONS; 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 AS FOLLOWS:
SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections", Sections 38-3
and 38-4 thereof, are hereby amended to read as follows:
CHAPTER 38— ELECTIONS.
Sec. 38-3. - Resolution by city commission calling election and noticing thereof.
(a) For the purpose of making proper provision for each municipal election held in the city, the
city commission shall, not less than 30 days prior to the proposed date of such election, adopt
a resolution calling the subject election setting forth the following:
(1) The date upon which such election is to be held.
(2) The purpose of such election, including if a special election for the purpose of presenting
to the City's voters a proposed ballot question:
i. the ballot title and ballot summary consistent with Florida Statute Section 101.161(1)
(and, in cases of bond referenda, consistent with Florida law governing bond elections
held by municipalities, including Florida Statute Section 100.341), as drafted by the
City Attorney, as well as (where applicable) the proposed City Charter or City Code
text change.
ii. The effective date of the proposal, specifying that if the City's electors voting on a
ballot question approve same, it shall become effective upon the City Commission's
acceptance of certification of final election results.
iii. All other details necessary to submit such proposed measure to the City's electors.
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(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 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.
(5) The results of all city elections shall become effective upon the City Commission's
acceptance of certification of final election results, as set forth in the resolution calling
each election.
(b) The city commission shall further authorize and direct the city clerk 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 F.S. § 50.031 once a week for four consecutive weeks next
preceding the day upon which such municipal election is to be held.The city clerk shall further
publish, in a newspaper meeting the requirements set forth in F.S. § 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 week in which the election is to be held.
Sec. 38-4. -Acceptance of election returns; installation of new officers.
On the first business day immediately following the county elections supervisor's issuance
of final election results for any City general or special election, the city commission shall meet for
the purpose of accepting the returns of such election(s) and ascertaining the results thereof.
(a) Should no run-off election be necessary, new officers shall be declared elected
subsequent to the city commission's acceptance of final general (or special, as the
case may be) election returns results at which time the new officers shall be installed
and shall enter upon the discharge of their duties, except as otherwise provided by the
city Charter; if a run-off election is necessary, all new officers shall be declared elected
subsequent to the city commission's acceptance of final run-off election returns results
on the first business day 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, except as otherwise provided by the city Charter.
(b) If a run-off election is necessary, the commission meeting(s) occurring between the
date of general election and the commission's acceptance of final run-off election
returns results shall occur for the limited purpose of accepting the returns of such
general election, and/or to address any emergency matter, pursuant to Florida law and
city Charter section 2.05.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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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.
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 19 day of P141. - , 2022.
PASSED and ADOPTED this 9 day of Pied"- , 2022.
ATTEST:
MAR 1 4 10221 DAN GELBER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
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% WI RORPIA GRATED
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(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM&LANGUAGE :
&FOR EXECUTION
OPDH:TI "2-41
City Attorney • . Date
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Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney and Rafael E. Granado, City
Clerk
DATE: March 9, 2022
10:25 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS," SECTION 38-3 THEREOF
ENTITLED "RESOLUTION BY CITY COMMISSION CALLING ELECTION
AND NOTICING THEREOF" BY CLARIFYING DETAILS OF RESOLUTIONS
CALLING SPECIAL ELECTIONS ON PROPOSED BALLOT MEASURES,
AND AMENDING CODE SECTION 38-4 ENTITLED "ACCEPTANCE OF
ELECTION RETURNS; INSTALLATION OF NEW OFFICERS" BY
EXPRESSLY PROVIDING THAT DATE OF CITY COMMISSION'S
ACCEPTANCE OF ELECTION RETURNS APPLICABLE TO CITY
GENERAL AND SPECIAL ELECTIONS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
At the February 9, 2022 City Commission Meeting, the proposed Ordinance, sponsored by
Commissioner Alex Fernandez, was unanimously approved on first reading. No changes have been
made between first and second reading.
A summary of the proposed Ordinance is set forth below.
ANALYSIS
In addition to those provisions of the City Charter relating to City elections[1 , Chapter 38 of the City
Code deals with the related process of conducting City elections. As part of the City Attorney and
City Clerk's periodic review of the City Code, Chapter 38 has been reviewed and analyzed, resulting
in the attached Ordinance, sponsored by Commissioner Alex Fernandez, containing the following
proposed housekeeping amendments:
• Amending City Code section 38-3 regarding the City Commission's scheduling of elections and
method of amending the Charter via its adoption of a City Resolution calling such election, by '
clarifying the detail of said Resolutions' content applicable to City special elections on
proposed ballot measures.
• Amending City Code section 38-4 to expressly provide that the date on which the City
Page 283 of 874
Commission accepts final election results (the first business day immediately following the
county elections supervisor's issuance of final election results) applies to both the City's
general election as well as to City special elections.
[1] See, Miami Beach Charter,Articles VI "Elections" and VII "Initiative and Referendum."
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The proposed Ordinance will have no fiscal or long-term economic impact on the City.
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 Tracking
Office of the CityAttomey/Office of the City Clerk
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
D Ordinance
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