Resolution 2024-33173 RESOLUTION NO. 2024-33173 '
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
2.07, "VACANCIES IN CITY COMMISSION," SHOULD BE
AMENDED TO REQUIRE AN ELECTION TO FILL A
VACANCY UNLESS THE CITY COMMISSION MAKES AN
APPOINTMENT TO FILL THE VACANCY WITHIN 30 DAYS,
PROVIDE THAT COMMISSION'S POWER TO APPOINT
SHALL COMMENCE UPON VACANCY OR SUBMITTAL
OF, RESIGNATION (IF FILED) INSTEAD OF 30 DAYS
LATER, REQUIRE APPOINTMENTS BY REMAINING
COMMISSION MEMBERS BE APPROVED ON A SUPER-
MAJORITY (MAJORITY PLUS 1) VOTE INSTEAD OF
MAJORITY VOTE, AND CLARIFY ELECTION AND
INSTALLATION DATES REGARDING VACANCIES DUE
TO RESIGNATION.
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.'
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 2.07 "Vacancies in City Commission"
Shall Charter Section 2.07 be amended to:
• require election to fill vacancy unless City Commission appoints person to fill
vacancy within 30 days;
• provide that Commission's power to appoint\shall commence upon vacancy or
submittal of resignation (if filed) instead of 30 days later;
• require appointments by remaining Commission members be super-majority
(majority plus 1) vote instead of majority vote;
• clarify election and installation dates regarding vacancies due to resignation?
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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Yes
No
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 2.07 "Vacancies in City Commission"
Shall Charter Section 2.07 be amended to:
• require election to fill vacancy unless City Commission appoints person to fill
vacancy within 30 days;
• provide that Commission's power to appoint shall commence upon vacancy or
submittal of resignation (if filed) instead of 30 days later;
• require appointments by remaining Commission members be super-majority
(majority plus 1) vote instead of majority vote;
• clarify election and installation dates regarding vacancies due to resignation?
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
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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).
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
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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.
SECTION 15.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this all day of lar , 2024.
ATTEST:
EN MEINER
Aelf MI iI 2 5 2024 MAYOR
RAFAEL E. GRANADO
CITY CLERK _ 4.!,
INCOAP 'ORAlEDL
(Sponsored by the Mayor and City Commission) , q.. �„ :�
(QCf `26,,,.
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APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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EXHIBIT "A"
CITY CHARTER AMENDMENT RE:
CHARTER SECTION 2.07 "VACANCIES IN CITY COMMISSION"
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
NOVEMBER 5, 2024 SPECIAL ELECTION
Ballot Question:
Charter Section 2.07 "Vacancies in City Commission"
Shall Charter Section 2.07 be amended to:
• require election to fill vacancy unless City Commission appoints person to fill
vacancy within 30 days;
• provide that Commission's power to appoint shall commence upon vacancy or
submittal of resignation (if filed) instead of 30 days later;
• require appointments by remaining Commission members be super-majority
(majority plus 1) vote instead of majority vote;
• clarify election and installation dates regarding vacancies due to resignation?
Proposed Amended Charter Text:
Charter Section 2.07. -Vacancies in City Commission.
Any vacancy occurring in the City Commission shall be filled as-fellows by the
scheduling of an election, unless the City Commission appoints a person to fill said
vacancy, pursuant to the following process:
(a) Vacancy for reasons other than resignation. The City Commission shall; have
within 30 days after the vacancy occurs, the power decide whether to fill said
vacancy by City election or by Commission appointmcnt_ . Should the
super_
majority vote (majority plus 1) of the remaining Commission members(thus not
including the Commission member who created the vacancy) of the City
Commis i n within 30 days after the piration of the above subject initial 30-
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with the appointee serving the remainder of the unexpired term until
the next succeeding Ggeneral City selection and with any further remainder of
said unexpired term to be filled by a Commission member elected at said
Ggeneral Selection. If the remaining members of the City Commission shall
not so appoint, then a Sspecial
Selection shall be called to be held within 90 days after the expiration of the
subject 30-day period to elect a Commission member to fill such vacancy for the
remainder of the unexpired term.
(b) Vacancy due to resignation. Resignations from office shall be filed with the City
Clerk and shall be irrevocable upon such filing, thus creating a vacancy in office
per the effective date of the resignation. The Commission shall have, within 30
days from submittal of a resignation to the City Clerk, the power decide whether
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to fill said vacancy by City election or by Commission appointment. 1.
S he Commission n non to app said en hall he tak y
vote-of-the super-majority vote (majority plus 1) of the remaining Commission
members (thus not including the Commission member who has resigned), of-the
Com scion within 30 days aaft r expiration of the subject 30 dayeF ped
(referenced in (b) bove), with the appointee serving the remainder of the
unexpired term from the date the resigning official would take office, if elected
(assuming the resignation was filed pursuant to Section 99.012, Florida
Statutes) until the next succeeding Ggeneral City Selection, and with any further
remainder of the unexpired term to be filled by a Commission member elected
at said Ggeneral Selection. However, if the resignation was not filed pursuant to
Section 99.012, Florida Statutes, then the appointee shall serve the remainder
of the unexpired term from either the resignation's effective date or from the date
the appointee is appointed, whichever occurs later, and shall serve until the next
succeeding General City Selection, and with any further remainder of the
unexpired term to be filled by a Commission member elected at said Ggeneral
Selection.
2 If the remaining members of the City Commission shall
not make an appointment, then a Sspecial selection
shall be called to be held within 120 days after expiration of the subject initial 30-
day period (referenced directly above in subsection (b) above) to elect a
Commission member to fill such vacancy for the remainder of the unexpired
term; but if a City or County-wide election is otherwise scheduled to be held
during the intervening period from expiration of the subject initial 30-day period
through and including the resignation's effective date; or (if vacancy due to
resignation filed pursuant to Section 99.012, Florida Statutes) the date the
resigning official would take office, if elected, then the Sspecial Selection to fill
the vacancy for the unexpired term as provided above may occur at any such
City or County-wide election.
Any person who has been elected to fill a vacancy due to resignation filed
pursuant to Section 99.012, Florida Statutes, shall be installed and take office
following on whichever of the following occurs later: the date the resigning
official would take office, if elected, or upon the City Commission's acceptance
of final election returns from the City's special election to fill vacancy (if no City
runoff election is required) or runoff election (if required), but if the subject
election to fill vacancy is held at time of the City's biennial general election cycle,
such person shall be installed and take office on the date the resigning official
would take office if elected or the date Commission members elected at said
general election cycle are installed, whichever occurs later. ;aAny person who
has been elected to fill a vacancy due to resignation not filed pursuant to Section
99.012, Florida Statutes, shall be installed and take office following on whichever
of the following occurs later: the effective date set forth in said resignation, or
upon the City Commission's acceptance of final election returns from the City's
special election to fill the vacancy(if no City runoff election is required)or runoff
election (if required), but if the subject election to fill vacancy is held at time of
the City's biennial general election cycle, such person shall be installed and take
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office on the effective date set forth in said resignation or date Commission
members elected at said general election cycle are installed, whichever occurs
later.
(c) Resolution calling Special selection. Provisions related to a Sspecial selection
called pursuant to this section, including the qualifying period and Rrunoff
Selection (if required), shall be established in the City Resolution calling the
Sspecial selection.
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