LTC 355-2022 November 8, 2022 Special Elections Information to be Published in MB MagazineM IAMI BEACH
OFFICE OF THE CITY CLERK
LTC# 355-2022
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members of the City Commission
Rafael E. Granado, City Clerk ~
August 31, 2022
November 8, 2022 Special Elections Information to be Published in MB
Magazine
On April 6, 2022, Governor Ron Desantis signed into law HB 921, which amended Florida Statute
106.113, effective July 1, 2022, to broadly prohibit the use of public funds by local governments
for any communication sent to electors concerning an issue, referendum, or amendment,
including any state question, that is subject to a vote of the electors. The new law applies to any
communication initiated by a local government, "irrespective of whether the communication is
limited to factual information." On May 26, 2022, City Attorney Rafael A. Paz issued L TC# 206-
2022 opining that the limited exceptions in the statute would permit the City to continue to publish
the text of the ballot questions themselves in communications such as the MB Magazine, along
with a link to the City Clerk website, where voters may access the underlying resolutions and
related agenda materials officially approved by the City Commission. City Attorney Paz further
opined that the City may also continue to publish general fact-based elections-related information,
such as information concerning deadlines for Voter Registration; Early Voting locations, hours,
and dates; Vote-by-Mail deadlines; and Election Day hours.
In compliance with the City Attorney's legal opinion, attached please find the "Official Actions of
the City Commission Calling for Novem ber 8, 2022 Special Elections" that will publish in English
and Spanish in the Fall edition of the MB Magazine. The Magazine is distributed to every Miami
Beach household.
If you have questions, please do not hesitate to contact me.
F:\CLER\CLER\000_ELECTION\000000 110822 GENERAL ELECTION, SPECIAL ELECTION, VACANCY\L TCs (TO BE SENT
OUT)\Election Official Actions L TC draft.docx
O F F IC IA L A C T IO N S O F TH E C IT Y C O M M IS S IO N O F T H E C IT Y O F M IA M I B E A C H
CA LLI N G SP E C IA L EL E C T IO N S O N N O V E M B E R 8, 2022
On Tuesday, November 8, 2022, the City of Miami Beach will be conducting Special Elections to
fill the vacancy in City Commission Group II and to present City voters with eight referendum
questions.
Special Election to Fill the Vacancy in City Commission Group II
On June 22, 2022, the Honorable Mark Samuelian, City of Miami Beach Commissioner Group
II, passed away. As a result, the Group II seat is vacant and must be filled for the remainder of
the term, which does not expire until November 2025. The City Commission has determined
that it is in the best interest of the City of Miami Beach that the vacancy be filled by vote of the
electorate via Special Election. As such, a Special Election has been called by the Mayor and
City Commission of the City of Miami Beach, pursuant to City Resolution 2022-32260 and City
Ordinan ce 2022-4507 to elect a City Commissioner in Group II, who shall hold office for the
remainder of the term expiring November 2025. The Special Election will be held in the City of
Miami Beach on Tuesday, November 8, 2022, from 7 a.m. to 7 p.m. A Run-Off Election, if
required, will be held on Tuesday, December 6, 2022, from 7 a.m. to 7 p.m.
Referendum Questions
The Miami Beach City Commission also adopted Resolutions scheduling a November 8, 2022
Special Election, to be held at the time of the State General Election, for the purpose of
presenting City voters with the following 8 referendums:
Referendum 1
North Beach Oceanside Resort Overlay District (the "Overlay") Floor Area Ratio ("FAR")
Increase
Floor area ratio ("FAR") regulates building size. Under the City Charter, FAR increases require
voter approval.
Shall City increase FAR in Overlay (oceanfront properties from 6605-6757 Collins Avenue) from
2.25 to 3.0, where not already permitted, and provide FAR incentive from 3.0 to 4.5 for projects
meeting following criteria:
• hotel with minimum 150 rooms,
• 150,000 square feet minimum lot size,
• 50% reduction from maximum density,
• owner provides public recreational facility and beach access?
Yes
No
For a copy of City Commission Resolution 2022-32257, please visit the City's website at
votemiamibeach.com, or contact the Office of the City Clerk at 305.673.7411.
R e f e r e n d u m 2
G e n e r a l O b lig a t io n B o n d Is s u e F o r A rt s a n d C u lt u r a l F a c ilitie s
To improve facilities for resiliency of arts and cultural institutions throughout the City, including
museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden,
aquatic sculpture park, and related artist/workforce housing, shall City be authorized to issue
general obligation bonds, from time to time, not exceeding $159,000,000 aggregate principal
amount, payable from unlimited ad valorem taxes, bearing interest not exceeding maximum
legal interest rate, maturing no later than 30 years from issuance date?
For Bonds
Against Bonds
For a copy of City Commission Resolution 2022-32261, please visit the City's website at
votemiamibeach.com, or contact the Office of the City Clerk at 305.673. 7 411.
Referendum 3
Amend Charter Section 1.03(b): Require Voter Approval of Sale/Lease of Certain City-
Owned Property
Charter Sections 1.03(b)1 and (b)2 require majority voter approval for the sale or lease of ten
years or more of waterfront, park, and certain other City-owned properties.
Shall Charter be amended to also require such majority voter approval for any sale or lease of
ten years or more of City-owned property located between West 43rd Street and West 40th
Street, from Pine Tree Drive on the east to Alton Road on the west?
Yes
No
For a copy of City Commission Resolution 2022-32254, please visit the City's website at
votemiamibeach.com, or contact the Office of the City Clerk at 305.673.7411.
Referendum 4
Approval of Use of Rent Payments Received by City from Lincoln Road Parking Lot
Leases
If voters approve the leases of City-owned surface parking lots with 1664 Meridian, LLC and/or
Lincoln Road Property Owner, LP to diversify the Lincoln Road corridor with additional Class-A
office projects, shall City dedicate the guaranteed rent payments received by City under the
leases, totaling up to $355,793,085, in equal portions, solely for the following public purposes:
• Resiliency and Sustainability Infrastructure Initiatives,
• Workforce Housing, and
• Public Safety and Crime Prevention Measures?
Yes
No
For a copy of City Commission Resolution 2022-32247, please visit the City's website at
votemiam ibeach .com , or contact the Office of the City Clerk at 305.673. 7 411.
Referendum 5
City Charter approval: Lease of City Property at 1664 Meridian Avenue
Should City lease parking lot at 1664 Meridian Avenue (1.36 acres) to 1664 Meridian, LLC, for
99 years, requiring, per Resolution 2022-32245:
• replacing all existing public parking, plus additional parking,
• Class-A office, retail, and residential project near Lincoln Road,
• 0.40 acre (approximately 30% of site) of landscaped public space,
• 6-story building, restricted to height of 100 feet,
• no City funding, and
• $145,704,144 minimum guaranteed rent to City, among other revenues?
Yes
No
For a copy of City Commission Resolutions 2022-32245 and 2022-32246, please visit the City's
website at votemiamibeach.com, or contact the Office of the City Clerk at 305.673.7411.
Referendum 6
City Charter Approval: Lease of City Property at 1080 Lincoln Lane North/1688 Lenox
Avenue
Should City lease parking lots at 1688 Lenox Avenue (0.86 acres) and 1080 Lincoln Lane North
(1.10 acres) to Lincoln Road Property Owner, LP, for 99 years, requiring, per Resolution 2022-
32242:
• additional parking and replacement of all existing public parking,
• O. 79 acres of landscaped public space,
• 2 Class-A office/retail buildings, restricted to height of 100 feet,
• minimum guaranteed rent to City $210,088,941 (both leases), plus other revenues, and
• no City funding?
Yes
No
For a copy of City Commission Resolution 2022-32242 and 2022-32243, please visit the City's
website at votemiamibeach.com, or contact the Office of the City Clerk at 305.673. 7 411.
Referendum 7
RPS4 District - South of Fifth Street FAR Incentive to Convert Existing Hotels into
Residential Use
City Charter requires voter approval before increasing a property's floor area ratio ("FAR")
(City's method of regulating building size).
T h e R P S 4 D is tric t li e s w ith in th e S o u th o f F ifth N e ig h b o rh o o d , w h ic h is p re d o m in a n tly
re s id e n tia l.
S h a ll C ity in c re a s e m a x im u m F A R fr o m 2 .0 to 2 .7 5 in R P S 4 D is tric t a s a n in c e n tiv e fo r th e
c o n v e r s io n o f e x is tin g h o te l p ro p e rt ie s in to re s id e n tia l u s e , if th e p ro p e rt y o w n e r re c o rd s a
c o v e n a n t p ro h ib itin g s h o rt -te r m re n ta ls o n th e p ro p e rt y ?
Y e s
N o
F o r a c o p y o f C ity C o m m is s io n R e s ol ut i on 2 0 2 2 -3 2 2 5 5, pl e a s e v is it th e C ity 's w e b s ite a t
v o te m ia m ib e a c h .c o m , o r c o n ta c t th e O ff ic e o f th e C ity C le rk a t 3 0 5 .6 7 3 .7 4 1 1 .
Referendum 8
FAR Incentive for Residential and Office Uses on Washington Avenue Between 1st and
2nd Street
City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (how
City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and 2nd
Streets) is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to 2. 7
for redevelopments that include residential or office uses, and prohibit hotels and short-term
rentals?
Yes
No
For a copy of City Commission Resolution 2022-32256, please visit the City's website at
votemiamibeach.com, or contact the Office of the City Clerk at 305.673. 7 411.
Early Voting and Vote-by-Mail Drop Boxes
Voters participating via Early Voting in the Special Elections may vote at any of the 30 Miami-
Dade County Early Voting sites, including the two Early Voting sites located in Miami Beach:
• Miami Beach City Hall (First Floor Conference Room), 1700 Convention Center Drive
• North Shore Branch Library, 7501 Collins Avenue
Early Voting for the Special Elections is from Monday, October 24, 2022 through Sunday,
November 6, 2022. For Early Voting hours during the Special Elections, please visit
www.iamelectionready.org and select "Early Voting" or contact the Miami Beach Office of the
City Clerk at 305.673.7411 or 711(TTY).
The Supervisor of Elections of Miami-Dade County has advised that she will be unable to
provide Early Voting for the Run-Off Election, if required.
S e c u r e b a llo t in ta k e s ta tio n s (V o te -b y -M a il D ro p B o x e s ) w ill b e a v a ila b le a n d s ta ff e d d u rin g th e
E a r ly V o tin g h o u r s o f o p e ra tio n a t e a c h o f th e 3 0 M ia m i-D a d e C o u n ty E a rly V o tin g lo c a tio n s ,
in c lu d in g th e tw o E a r ly V o tin g lo c a tio n s in M ia m i B e a c h .
F o r a c o p y o f C ity C o m m is s io n R e s o lu tio n 2 0 2 2 -3 2 2 1 2 , re la tin g to E a rly V o ti n g a n d V o te -b y -
M a il D ro p B o x e s p le a s e v is it th e C ity 's w e b s ite a t v o te m ia m ib e a c h .c o m , o r c o n ta c t th e O ff ic e o f
th e C ity C le r k a t 3 0 5 .6 7 3 . 7 4 1 1
Impor tant_- Dates
Tuesday, October 11, 2022: Last day to register to vote or change party affiliation.
Saturday, October 29, 2022, at 5 p.m.: Last day by which the Miami-Dade County Elections
Department must receive (not postmarked) a request for a Vote-by-Mail ballot.
Tuesday, November 8, 2022, at 7 p.m.: The deadline by which the Miami-Dade County
Elections Department must receive (not postmarked) a completed Vote-by-Mail ballot. If a voter
waits until Election Day to submit their Vote-by-Mail ballot, they can drop it off either at the
Miami-Dade County Elections Department (Main Office) at 2700 NW 87 Avenue, Miami, FL
33172, at the Voter Information Center {VIC) located in the lobby of the Stephen P. Clark
Center, 111 NW 1 Street, Miami, FL 33128, or the voter can opt to vote in person at their
precinct once the election board confirms that the voter's Vote-by-Mail ballot has not been
received.
Tuesday, November 8, 2022, 7 a.m. to 7 p.m.: Election Day. Must vote at your assigned
precinct.
Please visit votemiamibeach.com or contact the Office of the City Clerk at 305.673. 7 411 for
additional factual information regarding the Miami beach Special Elections.