Ordinance 91-2734 Ordinance No. 91-2734
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH
CITY CODE, SAID CHAPTER ENTITLED "ELECTIONS', BY CREATING
AND ADDING SECTION 10-2.1 ENTITLED ',VACANCY IN CANDIDACY',
PROVIDING FOR CERTAIN PROCEDURES TO FILL A VACANCY IN A
CANDIDACY FOR ELECTED OFFICE CAUSED BY DEATH, WITHDRAWAL
OR REMOVAL FROM THE BALLOT OF A QUALIFIED CANDIDATE, AND
AMENDING SECTION 10-8 ENTITLED ',TO QUALIFY WITH CITY
CLERK; TIME, BY CONFORMING SAID SECTION TO SUPPLEMENTAL
QUALIFYING PERIOD PROVISIONS IN CITY CODE SECTION 10-2 . 1;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
WHEREAS, the State Legislature has adopted §166. 031 (6) ,
Florida Statutes, requiring each municipality to provide procedures
for filling a vacancy in a candidacy cause by death, withdrawal or
removal from the ballot of a qualified candidate following the end
of the qualifying period which leaves fewer than two candidates for
an office; and
WHEREAS, neither the City of Miami Beach Charter nor the Miami
Beach City Code provide for such procedures.
NOW, THEREFORE,
BE IT ORDAINED by the City Commission of the City of Miami
Beach, Florida.
SECTION 1.
WHEREAS, Miami Beach City Code Chapter 10 entitled "Elections"
is hereby amended by creating and adding a section to be numbered
10-2 . 1 which section shall read as follows:
Section 10-2 . 1 "Vacancy in Candidacy"
If the death, withdrawal or removal of a qualified candidate
following the end of the qualifying period results in only one
candidate remaining on the ballot for that office, one
supplemental qualifying period shall be established for a
period of five days beginnirg on the first day following the
vacancy in candidacy. No further supplemental qualifying
period shall thereafter be established and no supplemental
qualifying period shall be established at all if a vacancy in
candidacy occurs within twenty- six days prior to the date of
the general election for the office of city commissioner or
mayor. If within twenty-six days prior to the date of the
general election for the office of city commissioner or mayor,
there is only one candidate on the ballot for an elected
office, said candidate shall be declared elected and no
election for that office shall be required.
1
SECTION 2 .
WHEREAS, Miami Beach City Code Chapter 10 entitled
"Elections" , Section 10-8 thereof entitled "To qualify with city
clerk; time" is hereby amended to read as follows:
Section 10-8 "To qualify with city clerk; time. "
Except for candidates qualifying for elected office during a
supplemental qualifying period, pursuant to Miami Beach City
Code Section 10-2 . 1, Ecandidates for the office of city
commissioner or mayor shall qualify with the city clerk not
more than one hundred thirteen days nor less than one hundred
and nine days prior to the election for the office of city
commissioner or mayor.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
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 ten (10) days after its adoption,
on March 16 , 1991.
PASSED and ADOPTED this 6th da .f March
1991.
ALAILAW /0/
. OR
Attest:
FORM APPROVE'
CITY CLERK
By A ?L4
a:\res.ord\sect10-2.ord
1st reading 2/20/91 Date
2nd reading 3/6/91
2
r
OFFICE OF THE CITY ATTORNEY 1�
C64 91Ji Wa eh
F L O R i D A
(INCOAP'
LAURENCE FEINGOLD �� . �, P.O BOX O
CITY ATTORNEY
\b-4-7:1-,H26 MIAMI BEACH FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. -t J""q
DATE: FEB. 20, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob W. Parki s
FROM: Laurence Feingold
City Attorney
SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE CHAPTER 10 GOVERNING
"ELECTIONS" BY CREATING AND ADDING SECTION 10-2 . 1
ENTITLED "VACANCY IN CANDIDACY", AND AMENDING SECTION 10-
8 ENTITLED "TO QUALIFY WITH CITY CLERK; TIME."
The Florida State Legislature has, via House Bill 2403 (effective
January 1, 1991) recently amended Florida Statute Chapter
166. 031 (6) to require each municipality to provide procedures for
filling a vacancy in candidacy of elected office caused by death,
withdrawal or removal from the ballot of a qualified candidate for
such office following the end of the qualifying period thereof
which leaves fewer than two candidates for an office. Although
Section 28 (k) of the Miami Beach City Charter presently provides
procedures for the filling of a vacancy in office, neither the City
Charter nor the City Code currently establishes procedures
governing the filling of vacancies in candidacy as required by
Florida Statute Chapter 166. 031 (6) . Accordingly, the attached
Ordinance amending Chapter 10 of the Miami Beach City Code, said
Chapter governing "Elections" , has been drafted for the purposes of
establishing procedures concerning the filling of vacancies in
candidacy in the above-referenced situations. Essentially, the
subject Ordinance provides that upon the death, withdrawal or
removal of a qualified candidate following the end of the
qualifying period resulting in only one candidate remaining on the
ballot for that office, one supplemental qualifying period shall be
established for a period of five days (beginning on the first day
following the vacancy in candidacy) , with no further supplemental
qualifying periods being established and with no such supplemental
qualifying periods being established at all in the event said
vacancy occurs within twenty-six days prior to the general
election. (The twenty-six day period would guarantee the Dade
County Elections Department ample time to print the corrected
ballots in time for the general election. ) Finally, in the event
only one candidate remains on the ballot within said twenty-six day
period prior to the general election, said candidate shall be
declared elected and no election for that office shall be required.
In addition to the above, Miami Beach City Code Section 10-8
entitled "To qualify with city clerk; time" is also being amended
in order to conform said section to the supplemental qualifying
period provisions as set forth within City Code Section 10-2 . 1.
LF/JKO/rg
06
AGENDA
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