Resolution 2019-30899RESOLUTION NO. 2019.30899
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5,
2019 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A
QUESTION ASKING WHETHER, EFFECTIVE WITH THE CITY'S
NOVEMBER 2021 GENERAL ELECTION, CITY CHARTER SECTIONS
2.01 AND 2.02 SHOULD BE AMENDED TO: INCREASE MAYOR'S
TERM FROM TWO TO FOUR YEARS; CHANGE MAYOR'S TERM LIMIT
FROM THREE TWO -YEAR TERMS TO TWO FOUR -YEAR TERMS;
RETAIN CHARTER'S RETROACTIVE MEASUREMENT AND
CALCULATION PROVISIONS; AND PROHIBIT PERSONS FROM
SERVING AS MAYOR FOR MORE THAN EIGHT YEARS (PERIOD
INCLUDING YEARS PREVIOUSLY SERVED AS MAYOR), EXCEPT TO
COMPLETE A TERM, ONE -HALF OF WHICH HAS BEEN SERVED.
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, 2019, 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 as determined by the Miami -Dade County Election
Officials.'
1 Pursuant to City Code section 38 -3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
SECTION 4.
Not Tess than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made
in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the
Code of the City of Miami Beach.
SECTION 5.
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 5TH DAY OF NOVEMBER, 2019, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
City Charter Sections 2.01 and 2.02:
Increasing Mayor's Term and Changing Mayor's Term Limit
Effective with City's November 2021 General Election, shall Charter Sections 2.01
and 2.02 be amended to:
• Increase Mayor's term from two to four years;
• Change Mayor's term limit from three two -year terms to two four -year terms;
• Retain Charter's retroactive measurement and calculation provisions;
• Prohibit persons from serving as Mayor for more than eight years (period
including years previously served as Mayor), except to complete a term, one -
half of which has been served?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to
participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 5, 2019,
hereby called, shall be in substantially the following form, to -wit:
"OFFICIAL BALLOT"
City Charter Sections 2.01 and 2.02:
Increasing Mayor's Term and Changing Mayor's Term Limit
Effective with City's November 2021 General Election, shall Charter Sections 2.01
and 2.02 be amended to:
• Increase Mayor's term from two to four years;
• Change Mayor's term limit from three two -year terms to two four -year terms;
• Retain Charter's retroactive measurement and calculation provisions;
• Prohibit persons from serving as Mayor for more than eight years (period
including years previously served as Mayor), except to complete a term, one -
half of which has been served?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be in
compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
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. The Miami -Dade County Supervisor of Elections will register voters for this
Special Election until 5:00 p.m. on October 7, 2019. All persons eligible to vote at this Special
Election must be registered before the time and date set forth herein or have registered previously,
as provided by law. 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
Department. All questions concerning voter registration should be directed to the Miami -Dade
County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305)
499 -VOTE (8683).
SECTION 9.
That voters participating via a vote -by -mail ballot 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 such voting.
SECTION 10.
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 11.
If any section, sentence, clause or phrase of this Resolution or of the ballot measure set
forth above in this Resolution 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
Resolution or ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 17 day of 1/1
ATTEST:
Jti(-7 1 iI 2 chi q
RAF EL E. GRANADO
CITY CLERK
, 2019.
DAN GEL
MAYOR
(Requested by Commissioner John Elizabeth Aleman)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
rt
Cfty Attorney Date
CITY OF MIAMI BEACH CHARTER SECTIONS 2.01 AND 2.02:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT- -
NOVEMBER 5, 2019 SPECIAL ELECTION
I. BALLOT QUESTION:
City Charter Sections 2.01 and 2.02:
Increasing Mayor's Term and Changing Mayor's Term Limit
Effective with City's November 2021 General Election, shall Charter Sections 2.01
and 2.02 be amended to:
• Increase Mayor's term from two to four years;
• Change Mayor's term limit from three two -year terms to two four -year terms;
• Retain Charter's retroactive measurement and calculation provisions;
• Prohibit persons from serving as Mayor for more than eight years (period
including years previously served as Mayor), except to complete a term, one -
half of which has been served?
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter, Section 2.01: "Number and selection."
The City Commission shall consist of six (6) City Commissioners and a Mayor who shall be
elected at large. Each City Commissioner shall be a qualified elector of the City. City
Commissioners shall be elected for groups numbered and designated I —VI. No candidates for
the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the
office of Mayor.
Commissioners in groups numbered I, II and III shall be elected at the general election to
be held on the first Tuesday in November 1997 for a term of four (4) years and at each general
election each four (4) years thereafter. Commissioners in groups numbered IV, V, and VI shall be
elected at the general election to be held on the first Tuesday in November 1995 for a term of four
(4) years and at each general election each four (4) years thereafter. Commencing with the City's
general election in 2021, Tthe Mayor shall be elected at the general election to be held on the first
Tuesday in November 4-9135 for a term of four (4) years and at each general election each two (2)
four (4) years thereafter.
A candidate must receive a majority of the votes cast to be deemed elected. If no candidate
receives a majority of the votes cast, there will be a runoff election between the two candidates in
each group receiving the highest number of votes; should a tie result, the outcome shall be
determined by lot. This runoff election shall occur two weeks from the date of general election.
In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall be
deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami
Beach for the filling of a vacancy.
City of Miami Beach Charter, Section 2.02: "Term, Term Limits and Compensation."
Commencing with the City of Miami Beach's General Election in November 2021:
(a) Tthe term of office of the Mayor shall be two (2) four (4) years. The term of office of
the City Commissioners shall be remain at four (4) years.
(b) Subject to subsection (c) below, tThe lifetime term limit for Miami Beach
Commissioners and for Mayor shall be two four -year terms and the lifctime term limit for Miami
respectively, all terms to be measured retroactively
from their first elections said terms not including time served as a member of the City of Miami
Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section
2.07 of the City of Miami Beach Charter so long as such time served in filling a vacancy does not
exceed 50% of that subject term. Service by a Commission member in excess of 50% of any term
of office shall be considered a full term for purposes of the term limit provisions in this section.
(c) For purposes of implementing the provisions of this Section and transitioninq to the
amended Mayoral term /term limits set forth herein, a person elected to the office of Mayor may
serve in such capacity fora combined maximum of eight years (said eight year maximum including
years served as Mayor prior to November of 2021 and regardless of number of Mayoral terms
previously served), subject to the proviso that any such person serving as Mayor who shall have
served one -half of his /her term upon serving eight years as Mayor shall be entitled to complete
that subject term; in the event such one -half of term has not been served, any remaining portion
of said unexpired term shall be filled in accordance with Charter section 2.07.
(d) The annual compensation for the Office of Commissioner shall be six thousand dollars
($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars
($10,000.00); any increase in salary for Mayor and /or Commissioner shall require approval of a
majority of the electorate voting at a City election.
MIAMI BEACH
Resolutions - R7 J
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 17, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5, 2019
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKING WHETHER, EFFECTIVE WITH THE CITY'S NOVEMBER 2021
GENERAL ELECTION, CITY CHARTER SECTIONS 2.01 AND 2.02 SHOULD
BE AMENDED TO: INCREASE MAYOR'S TERM FROM TWO TO FOUR
YEARS; CHANGE MAYOR'S TERM LIMIT FROM THREE TWO -YEAR
TERMS TO TWO FOUR -YEAR TERMS; RETAIN CHARTER'S
RETROACTIVE MEASUREMENT AND CALCULATION PROVISIONS; AND
PROHIBIT PERSONS FROM SERVING AS MAYOR FOR MORE THAN
EIGHT YEARS (PERIOD INCLUDING YEARS PREVIOUSLY SERVED AS
MAYOR), EXCEPT TO COMPLETE A TERM, ONE -HALF OF WHICH HAS
BEEN SERVED.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above - referenced
Resolution is submitted for consideration by the Mayor and City Commission at the July 17,
2019 Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
a Commission Memo Re Call Special Election, Sec. 2.01 & 2.02 Mayor's Term Limit
a Reso Re Call Special Election, Sec. 2.01 & 2.02 Mayor's Term Limit
Page 816 of 1502
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO:
Mayor Dan Gelber
Members of the City Commission
Jimmy L. Morales, City Manager
FROM: Raul J. Agulla, City Attorne
DATE: July 17, 2019
SUBJECT:
tOr
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5, 2019
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKING WHETHER, EFFECTIVE WITH THE CITY'S NOVEMBER 2021
GENERAL ELECTION, CITY CHARTER SECTIONS 2.01 AND 2.02
SHOULD BE AMENDED TO: INCREASE MAYOR'S TERM FROM TWO TO
FOUR YEARS; CHANGE MAYOR'S TERM LIMIT FROM THREE TWO -
YEAR TERMS TO TWO FOUR -YEAR TERMS; RETAIN CHARTER'S
RETROACTIVE MEASUREMENT AND CALCULATION PROVISIONS; AND
PROHIBIT PERSONS FROM SERVING AS MAYOR FOR MORE THAN
EIGHT YEARS (PERIOD INCLUDING YEARS PREVIOUSLY SERVED AS
MAYOR), EXCEPT TO COMPLETE A TERM, ONE -HALF OF WHICH HAS
BEEN SERVED.
Pursuant to the request of City Commissioner John Elizabeth Aleman, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 5, 2019
for the purpose of submitting to the City's voters the following question:
Effective with City's November 2021 General Election, shall Charter Sections 2.01
and 2.02 be amended to:
• Increase Mayor's term from two to four years;
• Change Mayor's term limit from three two -year terms to two four -year terms;
• Retain Charter's retroactive measurement and calculation provisions;
• Prohibit persons from serving as Mayor for more than eight years (period
including years previously served as Mayor), except to complete a term, one -
half of which has been served?
This proposal seeks to amend the City's Charter by increasing the Mayor's term of Office from
two years to four years and by changing the term limit for Mayor from three two -year terms to two
four -year terms, thus increasing the maximum amount of time a person can serve as Mayor from
6 years to 8 years (subject to restrictions stated therein, including retroactive measurement of
total number of years served, ensuring that no person shall serve for more than 8 years as Mayor,
Page 817 of 1502
Commission Memorandum re: Ballot Question to Amend Mayor's Term
July 17, 2019
Page 2
except to complete a term one -half of which has been served by the time such 8 years has been
met). If adopted by the City's voters, this proposed change in Mayor's term /term limits will thus
conform to the City Charter's existing term /term limit provisions presently applicable to City
Commissioners.
In order to allow for the implementation and orderly transition of this Charter change, this measure
further specifies that 1) persons who have served as Mayor prior to November 2021 may serve
as Mayor thereafter for a combined maximum of eight years, such period including numbers of
years served as Mayor prior to November 2021; and 2) any such person serving as Mayor who
shall have served one -half of his /her term upon serving eight years as Mayor shall be entitled to
complete that subject term (and, in the event such one -half of term has not been served, any
remaining portion of said unexpired term shall be filled in accordance with Charter section 2.07).
Finally, it should be noted that today is the last regularly- scheduled meeting of the City
Commission at which a Resolution may be adopted placing a ballot question on the City's
November 5, 2019 ballot.'
1 NOTE: Should the City Commission wish, after today's meeting, to place a ballot measure
on the November 5, 2019 ballot, such action could be taken no later than. September 6, 2019 at
a Special Commission meeting (such deadline established by County Charter and County
Elections Department).
Page 818 of 1502
CITY OF MIAMI BEACH CHARTER SECTIONS 2.01 AND 2.02:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT- -
NOVEMBER 5, 2019 SPECIAL ELECTION
I. BALLOT QUESTION:
City Charter Sections 2.01 and 2.02:
Increasing Mayor's Term and Changing Manor's Term Limit
Effective with City's November 2021 General Election, shall Charter Sections 2.01
and 2.02 be amended to:
• Increase Mayor's term from two to four years;
• Change Mayor's term limit from three two -year terms to two four -year terms;
Retain Charter's retroactive measurement and calculation provisions;
• Prohibit persons from serving as Mayor for more than eight years (period
including years previously served as Mayor), except to complete a term, one -
half of which has been served?
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter, Section 2.01: "Number and selection."
The City Commission shall consist of six (6) City Commissioners and a Mayor who shall be
elected at large. Each City Commissioner shall be a qualified elector of the City. City
Commissioners shall be elected for groups numbered and designated I —VI. No candidates for
the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the
office of Mayor.
Commissioners in groups numbered I, II and III shall be elected at the general election to
be held on the first Tuesday in November 1997 for a term of four (4) years and at each general
election each four (4) years thereafter. Commissioners in groups numbered IV, V, and VI shall be
elected at the general election to be held on the first Tuesday in November 1995 for a term of four
(4) years and at each general election each four (4) years thereafter, Commencing with the City's
general election in 2021, Tthe Mayor shall be elected at the general election to be held on the first
Tuesday in November -1-995 for a term of four (4) years and at each general election each twe -(2)
four (4) years thereafter.
A candidate must receive a majority of the votes cast to be deemed elected. If no candidate
receives a majority of the votes' cast, there will be a runoff election between the two candidates in
each group receiving the highest number of votes; should a tie result, the outcome shall be
determined by lot. This runoff election shall occur two weeks from the date of general election.
In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall be
deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami
Beach for the filling of a vacancy.
Page 823 of 1502
City of Miami Beach Charter, Section 2.02: "Term, Term Limits and Compensation."
Commencing with the City of Miami Beach's General Election in November 2021:
(a) Tthe term of office of the Mayor shall be two (2) four (4) years. The term of office of
the City Commissioners shall be remain at four (4) years.
(b) Subiect to subsection (c) below, tThe lifetime term limit for Miami Beach
Commissioners and for Mayor shall be two four -year terms, and the lifetime term limit for Miami
respectively, all terms to be measured retroactively
from their first elections, said terms not including time served as a member of the City of Miami
Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section
2.07 of the City of Miami Beach Charter so long as such time served in filling a vacancy does not
exceed 50% of that subject term. Service by a Commission member in excess of 50% of any term
of office shall be considered a full term for purposes of the term limit provisions in this section.
(c) For purposes of implementing the provisions of this Section and transitioninq to the
amended Mayoral term /term limits set forth herein, a person elected to the office of Mayor may
serve in such capacity for a combined maximum of eight years (said eight year maximum including
years served as Mayor prior to November of 2021 and regardless of number of Mayoral terms
previously served), subject to the proviso that any such person serving as Mayor who shall have
served one -half of his /her term upon serving eight years as Mayor shall be entitled to complete
that subject term; in the event such one -half of term has not been served, any remaining portion
of said unexpired term shall be filled in accordance with Charter section 2.07.
icn The annual compensation for the Office of Commissioner shall be six thousand dollars
($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars
($10,000.00); any increase in salary for Mayor and /or Commissioner shall require approval of a
majority of the electorate voting at a City election.
Page 824 of 1502
MIAMI BEACH
OFFICE OF THE CITY CLERK
LTC No.
528-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: October 2, 2019
SUBJECT:Final Precinct/Polling Place List For The November 5, 2019 Miami Beach
General and Special Elections.
Attached please find the final Precinct/Polling Place List for the November 5, 2019 Miami
Beach General and Special Elections.
Please note that Precinct 038, which is normally housed at the Veterans of Foreign War
Post #3559, located at 650 West Avenue, was not available for this election and the
registered voters will be relocated to Rebecca Towers, located at 200 Alton Road.
F:\CLER\CLER\000_ELECTION\00000 2019 GENERAL & SPECIAL ELECTIONS\LTC\LTC Final Precinct Polling Place
List for the November 5,2019 Miami Beach General and Special Elections. .docx
MIAMI BEACH
MIAMI BEACH GENERAL AND SPECIAL ELECTIONS
NOVEMBER 5, 2019
MIAMI BEACH PRECINCT AND POLLING PLACE LIST
Polling & Name Location Polling & Name Location
Precinct Precinct
Place No. Place No.
011.0/011.2 Biscayne 800 77 Street 030.0 Miami Beach 2000 Convention
Elementary School Botanical Garden Center Drive
013.0 North Shore 7501 Collins Avenue ' 031.0 Miami City Ballet 2200 Liberty
Branch Library Avenue
014.0 North Shore Park 501 72 Street 032.0 Miami Beach 227 22 Street
Youth Center Regional Library
015.0 Normandy Shores 2401 Biarritz Drive 033.0 Miami Beach Senior 2231 Prairie
Golf Club High School Avenue
018.0 Indian Creek Fire 6860 Indian Creek 036.0 Miami Beach Police 999 11 Street
Station #4 Drive Athletic League
019.0 Normandy Park & 7030 Trouville 037.0 Miami Beach City 1700 Convention
Pool Esplanade Hall Center Drive
020.0/020.1 Ronald W. Shane 6500 Indian Creek 038.0 T— Rebecca Towers 200 Alton Road
Center Drive
023.0 Miami Beach Fire 5303 Collins Avenue 040.0 South Pointe 1050 4 Street
Station#3 Elementary School
024.0 Nautilus Middle 4301 N. Michigan 041.0 South Shore 833 6 Street#2
School Avenue Community Center
025.0 St. Johns on the 4760 Pine Tree Drive 042.0 Feinberg Fisher K-8 601 14 Place
Lake Methodist Center
Church
028.0 Temple Beth 4144 Chase Avenue 043.0 Miami Beach Police 1100 Washington
Sholom Department Avenue
029.0 North Beach 4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road
Elementary School
Please note that the above list is subject to change, if needed.
T = Temporary Polling Change
The voting precincts for the November 5, 2019 City of Miami Beach General and Special Elections shall be as
established by the Miami-Dade County election officials. On Election Day, all electors shall vote at the voting locations
and the voting precincts in which the official registration books show that the electors reside. All questions concerning
voting locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87th
Avenue, Miami, Florida 33172; Telephone: 305.499.VOTE (8683) or TTY: 305.499.8480.
For more information, please contact the City of Miami Beach Office of the City Clerk at 305.673.7411 or via email at
CityClerk( miamibeachfl.gov.
Rafael E. Granado
City Clerk
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
305.673.7411
www.miamibeachfl.gov
AD 110519-05