Resolution 2024-33169 RESOLUTION NO. 2024-33169
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5,
2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY
OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY
CHARTER'S "CITIZENS' BILL OF RIGHTS" SHOULD BE AMENDED
REGARDING ITS CIRCUIT COURT FORFEITURE REMEDY FOR
WILLFUL VIOLATIONS OF BILL OF RIGHTS, TO PROVIDE THAT
FORFEITURE IS SUBJECT TO COLLECTIVE BARGAINING
AGREEMENTS (PER STATE LAW) AND TO ESTABLISH SUCH
FORFEITURE REMEDY AS DISCRETIONARY INSTEAD OF
MANDATORY BASED UPON COURT'S DETERMINATION THAT
THE VIOLATOR HAS COMMITTED REPEATED VIOLATIONS OF
BILL OF RIGHTS.
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, 2024, 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
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."
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SECTION 4.
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, 2024, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
Charter's "Citizens' Bill of Rights": Amending. Circuit Court Forfeiture
Remedy
Shall Bill of Rights at Section (C), "Remedies," be amended to:
• provide that the "forfeiture of office or employment" judicial remedy for willful
violations of the Bill of Rights is subject to terms of collective bargaining
agreements (per State law); and
• establish that such forfeiture remedy is within the Court's discretion instead of
mandatory, based upon the Court's determination that the violator has
committed repeated violations of the Bill of Rights?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to
participate in said elections.
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SECTION 6.
That the official ballot to be used in the Special Election to be held on November
5, 2024, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Charter's "Citizens' Bill of Rights": Amending Circuit Court Forfeiture
Remedy
Shall Bill of Rights at Section (C), "Remedies," be amended to:
• provide that the "forfeiture of office or employment" judicial remedy for willful
violations of the Bill of Rights is subject to terms of collective bargaining
agreements (per State law); and
• establish that such forfeiture remedy is within the Court's discretion instead of
mandatory, based upon the Court's determination that the violator has
committed repeated violations of the Bill of Rights?
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
October 7, 2024. All persons eligible to vote at this Special Election must be registered
by the 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).
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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. 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.
That if the Charter Amendment provided for in Sections 5 and 6 above shall be
approved by a majority of the qualified electors of the City voting on the subject Charter
Amendment, it shall be considered adopted and effective upon the City Commission's
acceptance of certification of final election results.
SECTION 12.
Upon the Charter Amendment's approval by a majority of the qualified electors of
the City voting on such measure in the election and the City Commission's acceptance of
certification of final election returns, the City Clerk is hereby directed to have the subject
Charter amendment incorporated into the City Charter, file such Amendment with the
Clerk of the Circuit Court and file the revised Charter with the Department of State.
SECTION 13.
In the event that some, but not all, of the Charter amendments on the City's subject
November 5, 2024 Special Election ballot are approved by the electors, conforming
amendments shall be deemed to be adopted, and the City Attorney is authorized to reflect
and implement such revisions to the Charter, to the extent necessary to assure that all
amendments adopted conform to one another and to all remaining Charter provisions. If
conflicting amendments are adopted at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of such conflict.
SECTION 14.
If any section, sentence, clause or phrase of this Resolution or of the ballot
measure or Charter Amendment set forth in Exhibit A and incorporated herein 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 Resolution, ballot
measure or Charter Amendment.
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SECTION 15.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 01 I day of 7 ly , 2024.
ATTEST:
STEVEN MEINER
MAYOR
RAF EL E. GRANADO
CITY CLERK 1
INCORP ORATED'
•sue
,RCH••26
(Sponsored by the Mayor and City Commission)
APPROVED AS TO
FORM AND LANGUAGE
& FO XECUTION
-7))01-ao
City A orneykw_. Date
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EXHIBIT "A"
CITY CHARTER AMENDMENT RE:
CITIZENS' BILL OF RIGHTS-AMENDING FORFEITURE REMEDY
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT•
NOVEMBER 5, 2024 SPECIAL ELECTION
Ballot Question:
Charter's "Citizens' Bill of Rights Amending Circuit Court Forfeiture Remedy
Shall Bill of Rights at Section (C), "Remedies,". be amended to:
• provide that the "forfeiture of office or employment" judicial remedy for willful
violations of the Bill of Rights is subject to terms of collective .bargaining
agreements (per State law); and
• establish that such forfeiture remedy is within the Court's discretion instead of
mandatory, based upon the Court's determination that the violator has committed
repeated violations of the Bill of Rights?
Proposed Amended Charter Text:
CITIZENS' BILL OF RIGHTS
* *2
(C) " Remedies for violations. Except as otherwise provided by law and subject to the
rights of employees under the terms of collective bargaininq agreements, the
followinq remedies shall apply to violations of the Bill of Rights:
fl In any suit by a citizen alleging a violation of this Bill of Rights filed in the. Miami-
. Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff,
if successful, shall be entitled to recover costs as fixed by the .court.:
21 Any public official:or employee who is found by the court to have willfully violated
this agile Bill of Rights shall-fecthwith may,.at the Court's discretion', be required
to forfeit his/her office or employment, based upon the Court's determination that
the violator has committed repeated violations of the Bill of Rights.
* *
2 See Resolution No. 2024- at Exhibit"A", setting forth corresponding ballot measure
and proposed Charter text amendments to Citizens' Bill of Rights're: Amending Existing
Rights, etc., said Resolution calling City's November 5, 2024 Special Election on said
measure.
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