Resolution 2024-33228 RESOLUTION NO. 2024-33228
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO EXPEND BUDGETED FUNDS IN
CONNECTION WITH CITY OF MIAMI BEACH'S NOVEMBER 5,
2024 SPECIAL ELECTION, AS PERMITTED UNDER SECTION
106.113, FLORIDA STATUTES, TO REPORT ON RELATED
OFFICIAL ACTIONS IN AN ACCURATE, FAIR,AND IMPARTIAL
MANNER; POST FACTUAL INFORMATION ON THE CITY'S
WEBSITE OR IN PRINTED MATERIALS; HOST AND PROVIDE
INFORMATION AT PUBLIC FORUMS; PROVIDE FACTUAL
INFORMATION IN RESPONSE TO INQUIRIES; AND PROVIDE
INFORMATION AS OTHERWISE AUTHORIZED OR REQUIRED
BY LAW.
WHEREAS, the Miami Beach City Commission has adopted Resolutions scheduling a
City of Miami Beach Special Election on November 5, 2024, to be held concurrently with the
General Election, wherein eight(8) City of Miami Beach referendum questions will be presented
to the City's voters; and
WHEREAS, Section 106.113, Florida Statutes, governs the expenditure of public funds
by local governments such as the City of Miami Beach in relation to political advertisements and
other communications concerning issues, referenda, or amendments subject to a vote of the
electors; and
WHEREAS, in relevant part, Section 106.113(2) prohibits local governments from
expending or authorizing the expenditure of public funds for political advertisements or any
communication sent to electors concerning an issue, referendum, or amendment; this Statute
does not however preclude local governments from (i)reporting on official actions in an accurate,
fair, and impartial manner, (ii) posting factual information on a government website or in printed
materials, (iii) hosting and providing information at a public forum, (iv) providing factual
information in response to an inquiry; and (v) providing information as otherwise authorized or
required by law; and
WHEREAS, the City Commission believes that reporting on the City's official actions
related to the Special Election serves the public purpose of obtaining a well-informed electorate
with the reasonable expectation that such purpose will be accomplished via reporting methods
consistent with Section 106.113 which may include but are not limited to fair, impartial and
accurate video presentations on the City's cable channel, posting of factual information via
printed materials including MB Magazine and on the City's website, providing information through
public forums, responding to inquiries with factual information, and other appropriate means as
authorized or required by law to ensure transparency and clarity regarding the Special Election;
and
WHEREAS, in order to effect the City Commission's stated public purpose, the
Administration has requested approval to spend reasonable and necessary budgeted amounts
for expenses related to video production, printing, graphics, translation services, layout, mailing,
advertising, and other miscellaneous costs necessary to provide such reporting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Administration is hereby authorized, as
permitted under Section 106.113, Florida Statutes, to expend budgeted funds in reasonable and
necessary amounts in connection with the November 5, 2024 Special Election, to report on
official actions of the City Commission in an accurate, fair, and impartial manner; post factual
information on the City's website or in printed materials; host and provide information at public
forums; provide factual information in response to inquiries; and provide information as otherwise
authorized or required by law. The City Commission affirms that such expenditures are made in
furtherance of the public interest and serve a public purpose, as stated above in this Resolution.
In this regard, the Administration is further authorized to allocate budgeted funds for video
production, printing, graphics, translation services, layout, mailing, advertising, and other
miscellaneous costs as required to support and accomplish the above-stated public purpose of
informing the electorate and facilitating a well-informed voting process.
PASSED and ADOPTED this 11th day of September 2024.
ATTEST:
Steven Meiner, Mayor
SEP 1 7 2024
Raf el E. Granado, City Clerk
I11CORPIOPATEO;
1.4,,;° cH � APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Qv_Date
T:\Agenda\2024\8 September 2024\CITY CLERK-ELECTION\FACTUAL INFORMATION RESOLUTION REG NK JO
VERSION.docx
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Clerk Rafael E. Granado
City Attorney Ricardo J. Dopico
DATE: September 11, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO EXPEND
BUDGETED FUNDS IN CONNECTION WITH CITY OF MIAMI BEACH'S
NOVEMBER 5, 2024 SPECIAL ELECTION, AS PERMITTED UNDER SECTION
106.113, FLORIDA STATUTES, TO REPORT ON RELATED OFFICIAL ACTIONS
IN AN ACCURATE, FAIR, AND IMPARTIAL MANNER; POST FACTUAL
INFORMATION ON THE CITY'S WEBSITE OR IN PRINTED MATERIALS; HOST
AND PROVIDE INFORMATION AT PUBLIC FORUMS; PROVIDE FACTUAL
INFORMATION IN RESPONSE TO INQUIRIES;AND PROVIDE INFORMATION AS
OTHERWISE AUTHORIZED OR REQUIRED BY LAW.
RECOMMENDATION
We recommend that the Mayor and City Commission approve the attached Resolution.
BACKGROUND/HISTORY
The Miami Beach City Commission adopted Resolutions scheduling a November 5, 2024 Special
Election, to be held concurrently with the State General Election, to present City voters with eight
referendum questions.
ANALYSIS
The proposed Resolution authorizes the Administration to expend budgeted funds in connection
with the City of Miami Beach's Special Election scheduled for November 5,2024, as narrowly and
expressly permitted in Section 106.113 of the Florida Statutes. This statute prohibits local
governments from using public funds for political advertisements or communications that
advocate for or against an issue, referendum, or amendment. However, it does not preclude local
governments from (i) reporting on official actions in an accurate, fair, and impartial manner, (ii)
posting factual information on a government website or in printed materials, (iii) hosting and
providing information at a public forum, (iv)providing factual information in response to an inquiry;
and (v) providing information as otherwise authorized or required by law.
In compliance with this statute, the Resolution allows the Administration to spend budgeted funds
for several specific purposes. These include posting factual information on the City's website and
in printed materials such as MB Magazine, providing information through public forums, and
responding to inquiries with factual information. Additionally, the. Resolution authorizes the
expenditure of funds for video production, printing, graphics, translation services, layout, mailing,
advertising, and other miscellaneous costs.These activities are intended to ensure transparency
and provide voters with accurate, fair, and impartial information regarding the Special Election.
The Resolution affirms that these expenditures are made in furtherance of the public interest and
serve the public purpose of informing the electorate and facilitating a well-informed voting
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process. The Administration is authorized to allocate budgeted funds as required to support these
efforts.
FISCAL IMPACT STATEMENT
The Resolution authorizes expenditures budgeted amounts allocated for election-related
purposes, ensuring that expenditures remain within the pre-approved budget and do not exceed
available funds. The allocated funds will cover costs associated with video production, printing,
graphics, translation, layout, mailing, advertising, and other necessary expenses.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
Approving this proposed Resolution authorizes the Administration to expend budgeted funds in
connection with the November 5, 2024 Special Election, as permitted under Section 106.113,
Florida Statutes, to report on official actions in an accurate,fair, and impartial manner; post factual
information on the City's website or in printed materials; host and provide information at public
forums; provide factual information in response to inquiries; and provide information as otherwise
authorized or required by law.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Clerk
Sponsor(s)
Co-sponsor(s)
Page 259 of 1377
Condensed Title
Authorize Admin, Expend Budgeted Funds to Report Official Actions Related to Special Election
of 11/5/24. CC/CA
Page 260 of 1377