Resolution 2024-33171 RESOLUTION NO. 2024-33171
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
SHOULD BE AMENDED TO MOVE CITY'S RUNOFF ELECTION DATE
FROM 2 WEEKS AFTER CITY'S GENERAL ELECTION TO SECOND
TUESDAY IN DECEMBER IMMEDIATELY FOLLOWING CITY'S
GENERAL ELECTION, ESTABLISH INSTALLATION/
COMMENCEMENT OF TERMS DATE AS MONDAY IMMEDIATELY
FOLLOWING DATE OF RUNOFF ELECTION, AND IN ORDER TO
CONFORM WITH AND ENSURE AN ORDERLY TRANSITION TO THE
ABOVE CHARTER AMENDMENTS, PROVIDE THAT EXISTING
COMMISSION MEMBERS' TERMS EXPIRING NOVEMBER 2025 AND
NOVEMBER 2027 SHALL BE RESPECTIVELY EXTENDED TO THOSE
YEARS' DECEMBER INSTALLATION DATE.
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."
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:
Election of City Commission: Moving City's Runoff Election Date, Installation/Term
Commencement, Conforming Office Terms
Shall Charter be amended to provide, commencing City's November 2025 general
election:
• City's runoff election date shall be second Tuesday in December immediately following
City's general election instead of 2 weeks after said general election;
• installation/commencement of Commission members' terms shall occur on the
Monday immediately following runoff election date;
• to conform with above, existing Commission members'terms expiring November 2025
and November 2027 shall be respectively extended to those years' December
installation date?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to participate
in said elections.
2
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"
Election of City Commission: Moving City's Runoff Election Date, Installation/Term
Commencement, Conforming Office Terms
Shall Charter be amended to provide, commencing City's November 2025 general
election:
• City's runoff election date shall be second Tuesday in December immediately following
City's general election instead of 2 weeks after said general election;
• installation/commencement of Commission members' terms shall occur on the
Monday immediately following runoff election date;
• to conform with above, existing Commission members'terms expiring November 2025
and November 2027 shall be respectively extended to those years' December
installation date?
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).
3
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.
4
SECTION 15.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 6211 day of J4 1 , 2024.
ATTEST:
JO 2 5 2024 STEVEN MEINER
MAYOR
RAF A EL E. GRANADO
CITY CLERK
(Sponsored by the Mayor and City Commission)
APPROVED AS TO
FORM AND LANGUAGE
_.03W,,, & FOR EXECUTION
9s%
--t) 91z1-
kIN(ORP GRATED' i City tto nr ey Qv._ Date
s h
5
EXHIBIT "A"
CITY CHARTER AMENDMENT RE:
ELECTION OF CITY COMMISSION: MOVING CITY'S RUNOFF ELECTION DATE,
INSTALLATIONITERM COMMENCEMENT, CONFORMING OFFICE TERMS
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
NOVEMBER 5, 2024 SPECIAL ELECTION
Ballot Question:.
Election of City Commission: Moving City's Runoff Election Date, Installation/Term
Commencement, Conforming Office Terms
Shall Charter be amended to provide, commencing City's November 2025 general election:
• City's runoff election date shall be second. Tuesday in December immediately following
City's general election instead of 2 weeks after said general election;
• installation/commencement of Commission members' terms shall occur on the Monday
immediately following runoff election date;
• to conform with above, existing Commission members'terms expiring November 2025 and
November 2027 shall be respectively extended to those years' December installation date?
Proposed.Amended Charter Text:
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.
Commencing with the City's general election in 2025, the following provisions shall apply_
Commissioners in groups numbered I, li and III shall be elected at the general election to be
held on the first Tuesday in November,. 1997 2025, 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 2027 and at each general election
each four (4) years thereafter. The Mayor shall be elected at the general election to be held.on
the first Tuesday in November, 1995 2025 and at each general election each two (2) 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
for Mayor and/or in each Commissioner group receiving the largest number of votes; should a tie
6
result, the outcome shall be determined by lot. This runoff election shall occur two weeks from
the date of general election on the second Tuesday in December immediately following the date
of the general election.
The installation of the Mayor and Commissioners and commencement of their terms shall
occur on the Monday immediately following the date of the runoff election. The terms of existing2
Commission members expiring November 2025 and November 2027 shall be respectively
extended to those years' December installation date.
In the event that no candidate has qualified in any Commissioner 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.
Sec. 2.04. Election of Vice-Mayor and meetings.
The City Commission shall, at its first meeting after each general election (or at its first
meeting- er the runoff election if a run„fF election is helm, new Commission members are
installed and assume office following each biennial election cycle, initially elect from its
membership a Vice-Mayor who, during the absence or disability of the Mayor, shall perform the
duties of Mayor. In the absence or disability of both the Mayor and Vice-Mayor, the said duty shall
be performed by another member appointed by the Commission. ....
*
2 The term "existing Commission members" shall mean incumbent Commission members as of
the date of the City's November 5, 2024 Special Election in which City voters were presented with
this Charter amendment.
7