Resolution 2024-33172 RESOLUTION NO. 2024-33172
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 CITY CHARTER SECTION
2.05 SHOULD BE AMENDED TO REQUIRE TWO PUBLIC
HEARINGS INSTEAD OF ONE FOR PROPOSED CITY
ORDINANCES (SUBJECT TO EXISTING EXCEPTIONS),
AND TO AUTHORIZE THE CITY'S ALTERNATIVE
OPTIONAL PUBLICATION OF NOTICE OF PROPOSED
ORDINANCES ON A PUBLICLY ACCESSIBLE WEBSITE
IN ACCORDANCE WITH CHAPTER 50, FLORIDA
STATUTES, INSTEAD OF REQUIRING PUBLICATION OF
SUCH NOTICES ONLY IN A NEWSPAPER OF GENERAL
CIRCULATION WITHIN CITY.
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
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 Section 2.05: Public Hearings and Public Notice for Ordinances
Shall Charter 2.05 be amended:
• establishing process requiring two public hearings instead of one for proposed
City ordinances except emergency ordinances and proposed ordinances
subject to adoption procedures established in City's Zoning Ordinance; and
• authorizing City's alternative optional publication of notice of proposed
ordinances on a publicly accessible website in accordance with Chapter 50,
Florida Statutes, instead of requiring publication of such notices only in a
newspaper of general circulation within City?
Yes
No
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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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, 2024, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Charter Section 2.05: Public Hearings and Public Notice for Ordinances
Shall Charter 2.05 be amended:
• establishing process requiring two public hearings instead of one for proposed
City ordinances except emergency ordinances and proposed ordinances
subject to adoption procedures established in City's Zoning Ordinance; and
• authorizing City's alternative optional publication of notice of proposed
ordinances on a publicly accessible website in accordance with Chapter 50,
Florida Statutes, instead of requiring publication of such notices only in a
newspaper of general circulation within City?
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
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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. 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.
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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.
SECTION 15.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this aY day of 714r , 2024.
ATTEST:
STEVEN MEINER
JUL2 5 2024 MAYOR
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CITY CLERK ; A
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(Sponsored by the Mayor and City Commission)"
APPROVED AS TO
FORM AND LANGUAGE
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CITY CHARTER AMENDMENT RE:
CHARTER SECTION 2.05: PUBLIC HEARINGS AND PUBLIC NOTICE
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
NOVEMBER 5, 2024 SPECIAL ELECTION
Balllot Question:
Charter Section 2.05: Public Hearings and Public Notice for Ordinances
Shall Charter 2.05 be amended:
• establishing process requiring two public hearings instead of one for proposed City
ordinances except emergency ordinances and proposed ordinances subject to
adoption procedures established in City's Zoning Ordinance; and
• authorizing City's alternative optional publication of notice of proposed ordinances
on a publicly accessible website in accordance with Chapter 50, Florida Statutes,
instead of requiring publication of such notices only in a newspaper of general
,. circulation within City?
Proposed Amended Charter Text:
Charter Section 2.05. - Procedures for passing ordinances generally.
The City Commission shall have the power to make, establish and ordain for the
government of the City of Miami Beach and the officers of said City, ordinances in writing
not inconsistent with this Charter, the Constitution and laws of the State of Florida and of
the United States, as it may deem necessary provided a majority of the City Commission
shall consent thereto.
Each ordinance shall be introduced in writing and shall embrace one subject and
matters properly connected therewith. The subject shall be clearly stated in the title. The
enacting clause shall be "BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION..." No ordinance shall be revised or amended by reference to its title
only. Ordinances to revise or amend shall set out in full the revised or amended act or
section or subsection or paragraph of a section or subsection. A proposed ordinance
may be read by title, or in full, on at least two (2) separate dates_ and shall, The City
shall conduct two advertised public hearings on all proposed ordinances (except
emergency ordinances, and subject to adoption procedures established in the City of
Miami Beach's Zoning Ordinance, as provided below). aAt least ten (10) days prior to
both first reading and adoption, the proposed ordinance shall be noticed once in either
a newspaper of general circulation in the municipality or on a publicly accessible website
as permitted by Chapter 50, Florida Statutes. The notices of proposed enactment shall
state the date, time, and place of the meeting first and second public hearings conducted
by the City Commission, the title or titles of proposed ordinances, and the place or
places within the municipality where such proposed ordinance or ordinances may be
inspected by the public. Said notices shall also advise that interested parties may
appear at the City Commission meetings and be heard at the public hearings with
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respect to the proposed ordinance or ordinances. No ordinances shall be declared
invalid by reason of any defect in publication or title if the published summary notice
gives reasonable notice of its the ordinance's intent. At the time and place so advertised,
or at any time and place to which such public hearings may, from time to time, be
adjourned, the ordinance shall be read by title and a the public hearings shall be held.
After the second public hearing, the City Commission may pass the ordinance with or
without amendment. The effective date shall not be earlier than ten (10) days after its
enactment.
Proposed ordinances which enact or amend the City's Zoning Ordinance or
Comprehensive Plan of the City of Miami Beach shall be adopted according to the
procedures set forth in the City of Miami Beach's Zoning Ordinance.
To meet a public emergency affecting life, health, property or public safety, the City
Commission by two-thirds (%) vote of the members of the City Commission may adopt
an emergency ordinance at the meeting at which it is introduced and may make it effective
immediately. After adoption of an emergency ordinance, the City Commission shall cause
it to be published in full within ten (10) days in a newspaper of general circulation in the
municipality or on a publicly accessible website, as permitted by Chapter 50, Florida
Statutes. No emergency ordinance shall be enacted which enacts or amends a land use
plan or which rezones private property.
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