2017-4087 OrdinanceORDINANCE NO. 2017 -4087
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 -7 THEREOF ENTITLED
"PETITIONS ", CONFIRMING CONDITIONS
FOR/DISQUALIFICATION OF PETITION SIGNATURES,
AND DELETING CITY'S "CIRCULATOR STATEMENT ";
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 ", is hereby
amended to reflect the following amendments relating to Section 38 -7 entitled "Petitions ", such
amendments reading as follows:
Chapter 38 — ELECTIONS.3
Sec. 38 -7. Petitions.
Each qualified elector of the City who signer of signs an initiative, referendum or recall petition
, shall place thereon, his or
her name (both the printed and signed original signature of the elector), his or her street address
including City and State, his or her date of birth or voter registration number, and the date
(including day, month and year) on which he or she signed the petition. Elector signatures which
do not comply with any one or more of the provisions set forth in this section shall be
disqualified. Each person circulating a copy of the petition shall attach to it a statement
•
petition personally sign the petition on each of the respective dates set forth therein.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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.
3 Charter reference— Elections, Art. VI; Initiative and Referendum Elections, Art. VII.
Cross reference— Any ordinance calling elections or prescribing the manner of conducting the election in
accordance with State law saved from repeal, § 1- 10(a)(16); Administration, Ch. 2; City Commission, §
2 -31 et seq.; election signs, § 138 -134. State Law reference— Florida Election Code, Fla. Stat. Chs. 97-
106.
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 ten (10) days after its adoption.
PASSED and ADOPTED this $ day of ?1,h'/
ATTEST:
, 2017.
(Sponsored by Commissioner
Underline denotes additions
Strikethrough denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F :\ATTO \AGURUO \04 -26 -17 -Rev'd Ord Sec. 38 -7 Elections -JO ,docx
MIAM
BEACH
Ordinances - R5 G
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aoui|a,City Attorney and Rafael E. Granado, Cfty
Clerk
DATE: April 20,2O17
10:30 a.m. Second Reading Public Hearing
SIJBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!TY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS," SECTION 387 THEREOF
ENTITLED "PETITIONS," CONFI RMI NG CONDITIONS
FOR/DISQUALIFICATION DF PETITION SIONATURES, AND DELETING
CITY'S "CIRCULATOR STATEMENT"; PROVIDING FOR REPEALER,
SEVERAB|L|TY, CODIFICATION, AND /\NEFFECTIVE DATE,
RECOMMENDATION
See Memorandum attached.
ANALYSIS
See Memorandum attached.
Legislative Tracking
Office of the City Attorney / Office of the City Clerk
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
o Commission Memorandum
CI Ordinance
Page 808 of 1596
1 \\Alk 4\01A
1
OFFICE OF THE CITY ATTORNEY
Ordinances s
COMMISSION MEMORANDUM
TO: MAYOR PHILIP P LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGM'
CITY ATTORNEY
RAFAEL E. GRANADO '—
CITY CLERK
DATE: APRIL 26, 2017
10:30 am 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 38-7 THEREOF ENTITLED "PETITIONS",
CONFIRMING CONDITIONS FOR/DISQUALIFICATION OF
PETITION SIGNATURES, AND DELETING CITY'S
"CIRCULATOR STATEMENT"; PROVIDING FOR REPEALER,
SEVF,RABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the City Commission's February 8, 2017 meeting, several proposed amendments to City Code
Chapter 38 governing "Elections" wore discussed and considered one of the matters discussed
concerned Code section 38-71 which establishes the process (supplemental to City Charter
Article VII and applicable State law) for citizen initiative, referendum and recall petitions.
Consistent with Commission discussion held, the attached ordinance embodies the
Commission's primary directive that Code section 38-7 be amended to delete the City's existing
requirement that elector signatures on petitions be witnessed. Accordingly, in addition to
clarifying information to be provided by electors on petitions, the subject amendment repeals the
City's existing requirement for a "Circulator Statement", thus permitting City electors to sign a
petition without any need to comply with a City-mandated independent witnessing of such
signatures2.
The attached Ordinance is thus ready for City Commission review and deliberation.
The remaining Chapter 38 Code sections considered at the Commission's February meeting
sections ;38-3, 38-4 and 38-8) were approved as amended on first reading, and further adopted an second
reading at the COMIlliSSi011'S March 1, 2017 meeting,
2 Note: 'rho statutory requirement for witnessing of municipal recall petitions remains intact. See, Fla.
Stat, see.100.361,
Page 809 of 1596