Resolution 2020-31353RESOLUTION NO. 2020-31353
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
NOVEMBER 3, 2020 SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORA TE OF THE CITY OF
MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING
WHETHER THE CITY COMMISSION SHALL ADOPT AN
ORDINANCE EXCLUDING CERTAIN SPECIFIED AREAS OF A
BUILDING FROM THE CALCULATION OF "FLOOR AREA".
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, AS FOLLOWS:
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 3, 2020, 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 voting precincts in the City of this 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.'
' Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 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."
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S E C T IO N 4 .
Not fewer than thirty days' notice of the adoption of this Resolution and of its provisíons
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 NOVEMBER 3, 2020 AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
Ordinance excluding certain areas of a building from calculation of
"floor area"
"Floor area" is used by City to regulate the overall size of a building. Any
increase to a property's maximum floor area requires voter approval under
City Charter Section 1.03(c).
Shall City adopt an ordinance excluding the following areas from the
calculation of a building's floor area:
• Secured bicycle parking spaces,
• Stairwells / elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms/ related life-safety equipment?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors to
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participate in this Election.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3, 2020,
hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
Ordinance exclu ding certain areas of a building from calculation of
floor area"
"Floor area" is used by City to regulate the overall size of a building. Any
increase to a property's maximum floor area requires voter approval under
City Charter Section 1.03(c).
Shall City adopt an ordinance excluding the following areas from the
calculation of a building's floor area:
• Secured bicycle parking spaces,
• Stairwells / elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms I related life-safety equipment?
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 Han, 1700 Conventìon Center Orive,
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 Monday, October 5, 2020. All persons eligible to vote at this
Special Election must be registered before the time and date set forth herein or have registered
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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. 87" Avenue, Miami, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in this 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. All questions concerning Vote-by-Mail ballots should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172,
Telephone:(305) 499-VOTE (8683).
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.
ATTEST:
27 fly PASSED and ADOPTED this day of!2020.
I .A
Ralael ora@o, iy ce
- Dan Gelber
Mayor
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
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C it y A tt o rn e y D a te
NOVEMBER 3, 2020 CITY OF MIAMI BEA CH SPECIAL ELECTION:
BALLOT QUESTION
BALLOT QUESTION:
O rd in a nc e e x clu d in g c e rt a in areas of a building from calculation of
"floor area"
"Floor area" is used by City to regulate the overall size of a building. Any
increase to a property's maximum floor area requires voter approval under
City Charter Section 1.03(c).
Shall City adopt an ordinance excluding the following areas from the
calculation of a building's floor area:
• Secured bicycle parking spaces,
• Stairwells/ elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms I related life-safety equipment?
YES
NO
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