Ordinance 2022-4507 ORDINANCE NO, 2022-4507
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE SPECIAL
ELECTION DATE FOR FILLING OF COMMISSION GROUP II VACANCY
IN EVENT CITY COMMISSION CHOOSES TO FILL SAID VACANCY BY
ELECTION, BY AUTHORIZING PURSUANT TO FLORIDA STATUTE
SECTION 101.75(3)AND CORRESPONDING FLORIDA STATUTES THE
MOVE OF SAID SPECIAL ELECTION DATE TO NOVEMBER 8, 2022
WITH A RUN-OFF ELECTION ' DATE OF DECEMBER 6, 2022,
SPECIFYING QUALIFYING DATES (INCLUDING QUALIFYING VIA
PETITION), PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on June 22, 2022, the Honorable Mark Samuelian, City of Miami
Beach Commissioner-Group II, passed away;
WHEREAS, as the Group II term of office does not expire until November 2025,
the Group II seat is vacant and must be filled for the unexpired remainder of said term;
WHEREAS, City Charter section 2.07 "Vacancies in City Commission" establishes
the applicable method for the filling of vacancies on the City Commission. Charter section •
2.07 requires that such vacancies be filled by a "majority of the remaining members of the
City Commission" or be filled at a Special Election called by the City Commission;
WHEREAS, although per Charter Section 2.07, an election to fill a vacancy "...
shall be called to be held within 90 days after the expiration of the subject 30-day period
[from date vacancy occurs]...", the Miami-Dade County Elections Department has
informed the City Clerk that due to unavailability of voting devices of the County's voting
system, it is able only to authorize a City Special Election to be held concurrent with the
November 8, 2022 General Election, with a Run-Off date of December 6, 2022;
WHEREAS, per Florida Statute Section 101.75(3), a municipality may via
ordinance move election dates to a date concurrent with any statewide or countywide
election notwithstanding any provision in a municipal charter1;
WHEREAS, on July 20, 2022, the Mayor and City Commission decided, pursuant
to Section 2.07(a) of the City Charter, to fill the vacancy by election;
1 See, also, Florida Statutes Sections 100.3605(2) and 166.021(4), further confirming the ability
of a municipality to change via ordinance its dates for election of members of its governing body
and establish corresponding qualifying dates.
WHEREAS, this Ordinance hereby. authorizes the move of election date
necessitated _in order to comply with .County Elections Department's scheduling as
explained above, thus establishing a November 8, 2022 Special Election date to fill the
Group II vacancy, with a.December 6, 2022. Run-Off date; and
WHEREAS, City Charter section 6.03's requirements for qualifying for office shall
apply to the November 8, 2022 Special Election re: Commission Group II, except that the
qualifying dates for this November 8, 2022 Special Election shall commence on August
22, 2022 and shall end on August 25, 2022; and petitions to qualify shall be filed with the
City Clerk no later than noon on August 8, 2022 (the 14th day prior to the first day of
qualifying as a candidate for City Commission Group II), said petitions 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 July 1, 2022 (the date fifty-two (52)
days prior to the August 22, 2022 first day of qualifying as a candidate for Commission
Group II office). .
NOW, THEREFORE BE IT ENACTED AND ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, THAT:
SECTION 1. RECITALS.
The above recitals are hereby ratified and confirmed, and made a specific part of
this Ordinance.
SECTION 2. MOVE OF SPECIAL ELECTION DATE.
In the event the City Commission chooses to fill the Commission Group II vacancy
by election, the City Commission hereby establishes and authorizes moving the election
date for the City of Miami Beach's Special Election to fill the Group II vacancy to
November 8, 2022, with a December 6, 2022 Run-Off date.
2
SECTION 3. QUALIFYING DATES.
City Charter section 6.03's requirements for qualifying for office shall apply to the
November 8, 2022 Special Election re: Commission Group II, except that the qualifying
dates for this November 8, 2022 Special Election shall commence on August 22, 2022
and shall end on August 25, 2022; and petitions to qualify shall be filed with the City Clerk
no later than noon on August 8, 2022 (the 14th day prior to the first day of qualifying as
a candidate for City Commission Group II), said petitions 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 July 1, 2022 (the date fifty-two (52) days prior to the
August 22, 2022 first day of qualifying as a candidate for Commission Group II office).
SECTION 4. 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_5. EFFECTIVE DATE.
This Ordinance shall take effect the 4 day of Atiii11 , 2022.
PASSED and ADOPTED this as day of ✓w , 2022.
ATTEST: g 'qc,,, i403°
1 (IN/RATED) s DAN GELBER, MAYOR
`RAFAEL E. GRANADO, CITY.art*
• JUL 2 5 2022 APPROVED AS TO
• _ FORM &LANGUAGE
&FOR EXECUTION.
7-2f - 2z
City Attorney Date —
(Sponsored by Mayor and Commission) p
il
3
Ordinances -R5 A
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: July 25, 2022
4:05 p.m. Second Reading Public Hearing
•
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING THE SPECIAL ELECTION
DATE FOR FILLING OF COMMISSION GROUP II VACANCY IN EVENT
CITY COMMISSION CHOOSES TO FILL SAID VACANCY BY ELECTION,
BYAUTHORIZING PURSUANT TO FLORIDA STATUTE SECTION 101.75(3)
AND CORRESPONDING FLORIDA STATUTES THE MOVE OF SAID
SPECIAL. ELECTION DATE TO NOVEMBER 8, 2022 WITH A RUN-OFF
ELECTION DATE OF DECEMBER 6, 2022, SPECIFYING QUALIFYING
DATES (INCLUDING QUALIFYING VIA PETITION), PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
At the July 20, 2022 City Commission meeting, the Mayor and Commission will consider whether to
fill the vacancy by either appointment or election. In the event that the Commission chooses to fill the
vacancy by election, a first reading of an Ordinance has been prepared, calling the election for
November 8, 2022, in accordance with State law, with the second reading and public hearing of the
ordinance to take place on July 25, 2022.
Although the Commission has not yet decided how it wishes to proceed, in an abundance of
caution and due to agenda print deadlines, the attached ordinance has been prepared for
consideration on second reading on July 25, 2022 (and has been duly advertised in accordance
with all applicable requirements), subject to and contingent upon the Commission direction to be
provided on July 20, 2022.
ANALYSIS
See attached Commission Memorandum.
Ordinance has been updated to include relevant information regarding qualifying by petition, as
well as additional elections-related information. (7/22/2022)
SUPPORTING SURVEY DATA
N/A
Page 4 of 38
FINANCIAL INFORMATION
See attached Commission Memorandum.
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?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor and Commission
ATTACHMENTS:
Description
D Commission Memorandum
o Advertisement
Ordinance has been updated to include relevant information regarding qualifying by petition, as
well as additional elections-related information.
Page 5 of 38
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Rafael A. Paz, City Attorney
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber
Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, City Attorney 4
DATE: July 20, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE SPECIAL
ELECTION DATE FOR FILLING OF COMMISSION GROUP II VACANCY
IN EVENT CITY,COMMISSION CHOOSES TO FILL SAID VACANCY BY
ELECTION, BY AUTHORIZING PURSUANT TO FLORIDA STATUTE
SECTION 101.75(3)AND CORRESPONDING FLORIDA STATUTES THE
MOVE OF SAID SPECIAL ELECTION DATE TO NOVEMBER 8, 2022
WITH A RUN-OFF ELECTION DATE OF DECEMBER 6, 2022,
SPECIFYING QUALIFYING DATES. (INCLUDING QUALIFYING VIA
PETITION), PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The untimely passing of our friend and colleage City Commissioner Mark
Samuelian on June 22, 2022 resulted in a vacancy in City Commission Group II (term
expiring November 2025).
Pursuant to City Charter Section 2.07, the City Commission must fill the vacancy
either by appointing a person to fill the vacant Group II seat or by calling a City-wide
election. This Ordinance has been prepared in the event the City Commission chooses
to fill the vacancy by election.
Although per Charter Section 2.07, an election to fill a vacancy "... shall be called
to be held within 90 days after the expiration of the subject 30-day period [from date
vacancy occurs]...", the Miami-Dade County Elections Department has informed the City
Clerk that due to unavailability of voting devices of the County's voting system, it is able
only to authorize a City Special Election to be held concurrent with the November 8, 2022
General Election, with a Run-Off date of December 6, 2022.
State law permits a municipality via ordinance to move election dates to a date
concurrent with any statewide or countywide election notwithstanding any provision in a
municipal charter, should the City Commission decide to call an election to fill the
Page 6 of 38
ti
Establishing Special Election Date for Filling Commission Group II Vacancy.
July 20, 2022
Page 2
vacancy. See Fla. Stat. §101.75. The attached Ordinance accomplishes the move of
election date for the Special Election to fill the Group II vacancy to November 8, 2022,
with a December 6, 2022 Run-Off date, and further establishes applicable qualifying
dates, should the City Commission decide to fill the vacancy by election.
FISCAL IMPACT STATEMENT
The Office of the City Clerk has received the attached cost estimates from the Miami-Dade
County Elections Department to hold an election to fill the Group II vacancy as part of the
November 8, 2022 General Election and the City of Miami Beach Special Election.
Amount(s)/Account(s):
$24,703.83— General Election to fill vacancy
$195,175.60— Runoff Election, if necessary to fill vacancy
$18,810.00 - Estimate of Legally Mandated Advertisements
for Election to Fill Vacancy
$238,689.43 - Maximum Estimated Amount
Account: 011-9322-000312-90-400-592-00-00-00
RAP/ag
Page 7 of 38
ESTIMATE
City of Miami Beach -Piggyback Election -November 8,2022
Rafael E.Granado,City Clerk Estimate N°: MB-PB-11082022
City of Miami Beach Estimate Date: June 24,2022
1700 Convention Center Dr.,#200
Miami Beach, FL 33139
Registered Voters: 50,321 Early Voting Days:
Precincts: 29 Early Voting Sites:
Polling Places: 24
Permanent Absentee Ballots: 14,935,
Personnel $
i Salaries&Fringe Benefits,Overtime,,Poll Workers
Polling Places
Security,Polling Place Rentals
Supplies and Services • -
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles Truck Rentals,GSA Vehicles
Printing and Advertising 21,638.03
Absentee,Early Voting.8.Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage
" Absentee Ballots Sent and,Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-House&Outside Contractual Services,Translations•Based on one question
Administrative Overhead 2,245.80
Indirect Costs,Logic&Accuracy,Post-Election Audits
*TOTAL $ 24.703A3
•Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your questions)/race(s)
creates an additional ballot page, the cost will be adjusted accordingly.
For more information,you may contact:
Raimundo Delgado
Manager,Budget and Finance
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8424 ELmail:raimundo.deigado@miamidade.gov
Page 8 of 38
ESTIMATE
City of Miami Beach Run Off Election Dec.6,2022-0 EV Days, 0 EV Sites
Rafael E.Granado,City Clerk
City of Miami Beach Estimate N°: MB-RO-12062022
1700 Convention Center Dr.,#200 Estimate Date: June 24,2022
Miami Beach,FL 33139
Registered Voters: 50,321 Early Voting Days: 0
Precincts: 29 Early Voting Sites: 0
Polling Places: 24
Permanent Absentee Ballots: 14,935
Personnel $ 103,250.57
Salaries 8 Fringe Benefits,Overtime;Poll Workers
Polling Places 10,050.00
Security,Polling Place Rentals
Supplies and Services 7,228.00
Election Supplies,Communication Charges,Vote by Mail Ballots Set Up
Trucks and Vehicles 22,310.00
Delivery/Pickup of Voting Equipment ISO Fleet Vehicles Rental
Printing and Advertising 23,776.61
Vote by Mail,Early Voting 8 Precinct Ballots,Consumables,Temporary Polling Place Change Notices
Postage 10,157.19
Vote by Mail Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballbt Creation 660.00
In-House 8 Outside Contractual Services,Translations-Based on one question
Administrative Overhead 17,743.24
Indirect.Costs,Logic 8 Accuracy Post-Election Audits
*TOTAL T. 9. 175.60
Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your question(s)/race(s)
creates an additionafballot page,.the cost will be adjusted accordingly.
Page 9 of 38
�_. __ -- ----- - - ----•--
- CITY OF,MIAMI BEACH
o • I NOTICE OF.PUBLIC HEARING
ORDINANCE ESTABLISHING'THE SPECIAL.ELECTION DATE FOR ,
r . FILLING OF COMMISSION'GROUP.,II VACANCY IN THE.EVENT
1• • THE CITY COMMISSION CHOOSES TO FILL SAID VACANCY BY
. ELECTION,AUTHORIZING THE MOVE.OF SAID.SPECIAL ELECTION
, DATE TO'NOVEMBER 8,22022 WITH A RUN-OFF ELECTION DATE
OF DECEMBER 6,2022,•AND SPECIFYING QUALIFYING DATES
"(INCLUDING QUALIFYING VIA PETITION);,SUBJECT TO CITY
COMMISSION APPROVAL OF THIS ORDINANCE'ON FIRST'READING '''
AT THE'JULY'20,2022 CITY COMMISSION'MEETING
JU.LY 25,2022 ,
' ' HYBRID SPECIAL CITY COMMISSION MEETING
•' On July.25,2022,the City of Miami Beach wiil,host a Hybrid Special'Commission Meeting.,During'the
Hybrid Special Commission Meeting,the City Commission will be physically present in the Commission
Chamber, Miami Beach City Hall, 1700 Convention Center Drive,3rd Floor,..Mlami Beach; FL 33139.'
Applicants and the public are encouraged to attend the meeting virtually(as provided below).However,
members of the public who wish to attendthe'meeting or provide public comment"in person may appear
• I at the Commission Chamber. i
• • To participate•or provide comment virtually during the Commission Meeting,the public may join (
.the'webinar at:https://miamibeachfl=gov,zoom.us/j/81392857671 or via telephone at: 1.301.715.8592' I
(U.S.),or 888.475.4499fToll-Free).Webinar ID:81392857671#.Members of the public wanting to speak
virtually on an Item during the.meeting'must click the"raise hand"icon if using the Zoom.app or press*9
. 1 on the telephone to raise their hand.
NOTICE IS HEREBY GIVEN that the following Public Hearing will be.heard by the Mayor and City '
• Commissioners of the City of Miami Beach,Florida,oh July25,2022,at 4:05,p.m.or as,soon thereafter,
• as the matter cap be heard: . I
•4:Q5•o.m:Second Reading Public Hearing • ' •' ,
. AN ORDINANCE'OF THE MAYOR AND,CITY COMMISSION OF THE CITY'OF MIAMI'BEACH,
FLORIDA,ESTABLISHING THE SPECIAL ELECTION DATE FOR FILLING OF COMMISSION GROUP
II VACANCY IN EVENT CITY COMMISSION CHOOSES TO FILL SAID VACANCY BY ELECTION,
i BY'AUTHORIZING PURSUANT TO FLORIDA STATUTE SECTION 101.75(3)AND CORRESPONDING
I FLORIDA STATUTES THE MOVE OF SAID SPECIAL ELECTION DATE TO.NOVEMBER 8,2022'WITHA
I RUN-OFF ELECTION DATE OF DECEMBER'.6,2022,.SPECIFYING QUALIFYING DATES(INCLUDING
• QUALIFYING VIA PETITION);PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND I
AN EFFECTIVE DATE,Jnquirles maybe directed to the Ofcerof the City Attorney at 305.673.7470 or'
iP ,the Office of the•City Clerk at 305.673.7411. This Ordinance is,being heard pursuant'to Section 2.05 of l
the City Charter and§§101.75(3)and 166.041 Florida Statutes. I I
'. • Note: The Second.Reading Public Head g of this Ordinance on July 25. 2022. is subject to'City.
Commission approval of this Ordinance on First Reading at the•July 20.2022 City Commission Meeting. ,
l` I INTERESTED PARTIES are invited to take part in this meeting or be.represented•by an,agent.The
public may submit written comments by sending an email to CitvClerkf6 miemibeachfl.00v by 5:00 p.m.
the day.before the City Commission Meeting.Please identify the Agenda Item'Number In the email',
subject line.•Emails received'will be forwarded to the.Mayor and Commissioners and will,be included es ,
a part of the meeting record.
•
' Copies.of Agenda Items are available,for,public inspection at:https://www.mlamibeachfl.gov/city-hall/
. city-clerk/agenda-archive-main-page-2/.This meeting,or any Item therein,may be continued;and under'
such circumstances,additional legal notice need notbe provided. ; .
Pursuanfto Section 286,0105,Fla.Stat.,'the City hereby advises the public that if a person-decides, i
to'appeal"any decision made'tiy the City Commission cohcerning'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 testimony and,evidence upon Which The appeal,is to.be-based.This notice does not ,
, constitute cohsent by,the City for the Introduction or admission of otherwise inadmissible or'Irrelevant
evidence,•nor does it authorize challenges'or appeals'not otherwise allowed bylaw. "
• . To request this material•ih an alternate format,sign language interpreter(five-daynotice'required),
'information'on access•for persons•with disabilities,and/or any accommodation to review any document,
or,participate In any City-sponsored proceedings, call 305.604.2489 and select 1 for English,or 2 for
N Spanish,then option 6;TTY users may call'via 711(Florida Relay Service).
• p The City Commission Meeting will be broadcast live on Miami'Beach TV(MBTV),viewable on the
City's website at https.//www,miamibeachfl''gov/government/mbty/, as well as on Breezeline Cable
• •-' •' .channel 660,AT&TU-verse•channel 99,•Hotwire Communications channel 395,and ROKU device on
. 4 •PEG.TV'channel,and•on social media at https://www,facebook.com/cityyofmiemibeach.' '
w 1 Rafael E.Granado,.City Clerk
• ' •3 1 NAy A ,y 1 E �,� H City of.Miaml Beach
lamib a73.74ov11 1
w } �t ,�.:# y 'CltyClerkfgmiamibeachfl,gov
I I AD':07252022-01 ' ' I
a r.
' Page 10 of 38 J