2013-28296 Reso RESOLUTION NO. 2013-28296
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NOW
BINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
COMMISSION SHOULD ADOPT A RESOLUTION URGING THE FEDERAL
GOVERNMENT AND THE FLORIDA LEGISLATURE TO DECRIMINALIZE AND
AUTHORIZE THE MEDICINAL USE OF MARIJUANA.
WHEREAS, the purpose and intent of this Resolution is to obtain an expression of elector
sentiment with respect to a matter of substantial concern to the electors of the City of Miami Beach;
and
WHEREAS, the governing body of the City of Miami Beach finds that the issue of whether
the City of Miami Beach should adopt a Resolution urging the Federal government and the Florida
Legislature to decriminalize and authorize the medicinal use of marijuana deserves an advisory,
non-binding referendum to assess public support for this proposition.
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 5, 2013, for the
purpose of submitting to the electorate the advisory, non-binding electorate the 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 in which the official registration books show that the said
electors reside.
SECTION 4.
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. 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 Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of§50.031 and §100.342, Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
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 5thth DAY OF NOVEMBER 2013,AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW
BALLOT QUESTION:
ADVISORY NON-BINDING STRAW BALLOT QUESTION -
MEDICINAL MARIJUANA RESOLUTION
SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE
FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO
DECRIMINALIZE AND AUTHORIZE THE MEDICINAL USE OF
MARIJUANA?
YES
NO
2
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 5, 2013,
hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
ADVISORY, NON-BINDING STRAW BALLOT QUESTION-
MEDICINAL MARIJUANA RESOLUTION
SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE
FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO
DECRIIVIINALIZ_ E AND AUTHORIZE THE MEDICINAL USE OF
MARIJUANA?
YES
NO
SECTION 8.
That the absentee voters participating 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 absentee
voting.
SECTION 9.
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 10.
If any section, sentence, clause or phrase of the proposed ballot measure 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 ballot measure.
SECTION 11.
This Resolution shall be effective upon its passage.
PASSED and ADOPTED this /Q 04 day of , 2013.
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F:\ATTO\TURN\BALLOT.QUESTION NJot qutc medtci ijuana.doc
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
ADVISORY, NON-BINDING STRAW BALLOT QUESTION -
MEDICINAL MARIJUANA RESOLUTION
SHOULD THE CITY COMMISSION ADOPT A RESOLUTION URGING THE
FEDERAL GOVERNMENT AND THE FLORIDA LEGISLATURE TO
DECRIMINALIZE AND AUTHORIZE THE MEDICINAL USE OF
MARIJUANA?
YES
NO
4
MIAMI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Jimmy Morales, City Manager
FROM: Jose Smith, City Att ey
DATE: July 17, 2013 -»-
SUBJECT: Resolution Calling a Special Election for an Advisory, Non-Binding Straw
Ballot Question Regarding Medicinal Marijuana.
Pursuant to the direction of the Neighborhoods/Community Affairs Committee
(NCAC) at its June 26, 2013 meeting, the attached Resolution has been drafted for the
City Commission's consideration. The Resolution sets forth an advisory, non-binding
straw ballot question for the City's November 5, 2013 Special Election asking whether
the City Commission should adopt a Resolution urging the Federal Government and the
Florida Legislature to decriminalize and authorize the use of medicinal marijuana.
The NCAC did not make a recommendation with regard to the proposed straw
ballot question.
JS/DT/mmd
FAATTO\TURN\MEMOS\Medical Marijuana Resolution.docx
Agenda Item
Date 1�17-I