2013-28287 Reso RESOLUTION NO. 2013-28287
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
SECTION 1.07 OF THE MIAMI BEACH CITY CHARTER SHOULD BE
CREATED REQUIRING A MAJORITY VOTE IN A CITYWIDE ELECTION TO
REPEAL, DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT OR
DUTY ESTABLISHED IN MIAMI BEACH CITY CODE CHAPTER 62 ("HUMAN
RELATIONS") THAT INURES TO THE BENEFIT OF A MEMBER OF THE
CLASSIFICATION CATEGORIES OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, SEX, GENDER IDENTITY, SEXUAL ORIENTATION, DISABILITY,
MARITAL STATUS, FAMILIAL STATUS, AND AGE AS DEFINED IN MIAMI
BEACH CITY CODE SECTION 62-31.
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 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
P Y P 9 9
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 5T" 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
QUESTION:
CITYWIDE REFERENDUM REQUIRED TO REPEAL OR REDUCE
PROTECTIONS IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS")
SHALL SECTION 1.07 OF THE MIAMI BEACH CHARTER BE CREATED TO
REQUIRE A MAJORITY VOTE IN A CITYWIDE ELECTION TO REPEAL,
DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT OR DUTY
ESTABLISHED IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS")
THAT INURES TO THE BENEFIT OF A MEMBER OF THE
CLASSIFICATION CATEGORIES OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, SEX, GENDER IDENTITY, SEXUAL ORIENTATION,
DISABILITY, MARITAL STATUS, FAMILIAL STATUS, AND AGE AS
DEFINED IN CITY CODE SECTION 62-31?
YES
NO
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:
2
"OFFICIAL BALLOT"
CITYWIDE REFERENDUM REQUIRED TO REPEAL OR REDUCE
PROTECTIONS IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS")
SHALL SECTION 1.07 OF THE MIAMI BEACH CHARTER BE CREATED
TO REQUIRE A MAJORITY VOTE IN A CITYWIDE ELECTION TO
REPEAL, DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT
OR DUTY ESTABLISHED IN CITY CODE CHAPTER 62 ("HUMAN
RELATIONS' ) THAT INURES TO THE BENEFIT OF A MEMBER OF
THE CLASSIFICATION CATEGORIES OF RACE, COLOR, NATIONAL
ORIGIN, RELIGION, SEX, GENDER IDENTITY, SEXUAL ORIENTATION,
DISABILITY, MARITAL STATUS, FAMILIAL STATUS, AND AGE AS
DEFINED IN CITY CODE SECTION 62-31?
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 immediately upon its passage.
PASSED and ADOPTED this 1711 day of
ATTEST:
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
CITYWIDE REFERENDUM REQUIRED TO REPEAL OR REDUCE
PROTECTIONS IN CITY CODE CHAPTER 62 ("HUMAN RELATIONS")
SHALL SECTION 1.07 OF THE MIAMI BEACH CHARTER BE CREATED
TO REQUIRE A MAJORITY VOTE IN A CITYWIDE ELECTION TO
REPEAL, DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT
OR DUTY ESTABLISHED IN CITY CODE CHAPTER 62 ("HUMAN
RELATIONS") THAT INURES TO THE BENEFIT OF A MEMBER OF
THE CLASSIFICATION CATEGORIES OF RACE, COLOR, NATIONAL
ORIGIN, RELIGION, SEX, GENDER IDENTITY, SEXUAL ORIENTATION,
DISABILITY, MARITAL STATUS, FAMILIAL STATUS, AND AGE
DEFINED IN CITY CODE SECTION 62-31?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 1.07. Public vote required to repeal, diminish, or otherwise negatively
impact a right or duty established in Miami Beach City Code Chapter 62
that inures to the benefit of a member of the classification categories of
race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital status, familial status, and age as defined in
City Code Section 62-31.
Any revision to Chapter 62 of the Code of the City of Miami Beach,
entitled Human Relations, that repeals, diminishes, or otherwise negatively
impacts a right or duty established in that section that inures to the benefit of
a member of the classification categories of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status,
familial status, and age as defined in section 62-31 must be approved by a
maiority of the voters in a citywide referendum.
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
CC: Jimmy Morales City Manager
FROM: Jose Smith, City Attorney pQ<Pyi-
DATE: July 17, 2012
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING
WHETHER SECTION 1.07 OF THE MIAMI BEACH CHARTER SHOULD BE
CREATED REQUIRING A MAJORITY VOTE IN A CITYWIDE ELECTION TO
REPEAL, DIMINISH, OR OTHERWISE NEGATIVELY IMPACT A RIGHT OR
DUTY ESTABLISHED IN MIAMI BEACH CITY CODE CHAPTER 62 ("HUMAN
RELATIONS") THAT INURES TO THE BENEFIT OF A MEMBER OF THE
CLASSIFICATION CATEGORIES OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, SEX, GENDER IDENTITY, SEXUAL ORIENTATION, DISABILITY,
MARITAL STATUS, FAMILIAL STATUS, AND AGE AS DEFINED IN MIAMI
BEACH CITY CODE SECTION 62-31.
Pursuant to the request of Commissioner Michael Gongora, the Charter Review
and Revision Board at its July 15, 2013 meeting considered language, proposed
by the LGBT Committee at its July 9, 2013 meeting, and voted to support the
proposed language. The attached Resolution has been drafted pursuant to the
request of Commissioner Michael Gongora for the City Commission's
consideration. The Resolution calls for a November 5, 2013 Special Election for
f the City of Miami Beach Florida a
the purpose of submitting to the electorate o y ,
question asking whether City Charter Section 1.07 should be created requiring a
majority vote in a citywide election to repeal, diminish, or otherwise negatively
impact a right or duty established in Miami Beach City Code Chapter 62 ("Human
Relations") that inures to the benefit of a member of the classification categories of
race, color, national origin, religion, sex, gender identity, sexual orientation,
disability, marital status, familial status, and age as defined in Miami Beach City
Code Section 62-31.
Agenda Item Rip
Date 1-1-7-I;