Resolution 2024-33301 RESOLUTION NO. 2024-33301
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO.
2023-32719, WHICH CALLED FOR A CITY OF MIAMI BEACH SPECIAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER A 1% TAX ON
FOOD/BEVERAGE SALES IN MIAMI BEACH SHOULD BE LEVIED TO
FUND THE CONSTRUCTION/OPERATION OF HOUSING FOR
HOMELESS PERSONS AND DOMESTIC VIOLENCE CENTERS, AND
SHELTER, FOOD, CLOTHING, MEDICAL CARE, MENTAL HEALTH
TREATMENT, TRAINING, AND EDUCATION; FURTHER, DIRECTING
THE CITY CLERK TO IMPLEMENT THIS RESOLUTION BY
COORDINATING WITH THE MIAMI-DADE COUNTY ELECTIONS
DEPARTMENT FOR ITS IMPLEMENTATION OF STATE OF FLORIDA
DIVISION OF ELECTIONS REFERENCE GUIDE 0007 ESTABLISHING
GUIDELINES FOR COUNTY ELECTIONS DEPARTMENTS TO POST
OFFICIAL NOTICES IN ELECTION OFFICES, AT POLLING
PRECINCTS, EARLY VOTING SITES, IN VOTE-BY-MAIL BALLOTS,
AND ON COUNTY WEBSITES, ADVISING THE CITY'S VOTERS THAT
THE CALLING OF THE REFERENDUM HAS BEEN REPEALED AND
THE SUBJECT BALLOT MEASURE ORDERED REMOVED FROM THE
NOVEMBER 5, 2024 BALLOT BY THE MIAMI BEACH CITY
COMMISSION, AND THAT IN ACCORDANCE WITH SAID REFERENCE
GUIDE 0007, ANY VOTES CAST FOR THIS BALLOT MEASURE WILL
NOT COUNT FOR ITS APPROVAL OR REJECTION NOR SHALL ANY
SUCH VOTES CAST BE COUNTED AS PART OF THE OFFICIAL
RESULTS OF THE CITY OF MIAMI BEACH'S NOVEMBER 5, 2024
SPECIAL ELECTION.
WHEREAS, on July 26, 2023, the Mayor and City Commission adopted Resolution No.
2023-32719, 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 a 1% tax on
food/beverage sales in Miami Beach should be levied to fund the construction/operation of
housing for homeless persons and domestic violence centers, and shelter, food, clothing, medical
care, mental health treatment, training, and education; and
WHEREAS, the Mayor and City Commission now desire to withdraw the question with the
appropriate notices advising voters that the proposed ballot question has been repealed, in a
manner consistent with the guidelines set forth in Florida Division of Elections Reference Guide
0007, entitled "Notice of Candidate Withdrawal or Disqualification or Removal of Ballot Issue."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby repeal Resolution No. 2023-32719,which called for a City of Miami Beach Special Election
to be held on November 5, 2024, for the purpose of submitting to the electorate of the City of
Miami Beach a question asking whether a 1% tax on food/beverage sales in Miami Beach should
be levied,to fund the construction/operation of housing for homeless persons and domestic
violence centers, and shelter, food, clothing, medical care, mental health treatment, training, and
education; and further, direct the City Clerk to implement this Resolution by coordinating with the
Miami-Dade County Elections Department for its implementation of State of Florida Division of
Elections Reference Guide 0007 establishing guidelines for County elections departments to post
official notices in election offices, at polling precincts, early voting sites, in Vote-by-Mail ballots,
and on County websites, advising the City's voters that the calling of the referendum has been
repealed and the subject ballot measure ordered removed from the November 5, 2024 ballot by
the Miami Beach City Commission, and that in accordance with said Reference Guide 0007, any
votes cast for this ballot measure will not count for its approval or rejection nor shall any such
votes cast be counted as part of the official results of the City of Miami Beach's November 5, 2024
Special Election.
PASSED and ADOPTED this gio day of Q oIY , 2024.
ATTEST: •
even Meiner, Mayor
yrs./6c f _cru1
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez) = � icy''',
=1NC0 0 PROVED AS TO
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City A ttorney LW_ Date
2
Resolutions - R7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: October 30, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2023-32719, WHICH
CALLED FOR A CITY OF MIAMI BEACH SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER
A 1% TAX ON FOOD/BEVERAGE SALES IN MIAMI BEACH SHOULD BE LEVIED
TO FUND THE CONSTRUCTION/OPERATION OF HOUSING FOR HOMELESS
PERSONS AND DOMESTIC VIOLENCE CENTERS, AND SHELTER, FOOD,
CLOTHING, MEDICAL CARE, MENTAL HEALTH TREATMENT, TRAINING, AND
EDUCATION; FURTHER, DIRECTING THE CITY CLERK TO IMPLEMENT THIS
RESOLUTION BY COORDINATING WITH THE MIAMI-DADE COUNTY
ELECTIONS DEPARTMENT FOR ITS IMPLEMENTATION OF STATE OF
FLORIDA DIVISION OF ELECTIONS REFERENCE GUIDE 0007 ESTABLISHING
GUIDELINES FOR COUNTY ELECTIONS DEPARTMENTS TO POST OFFICIAL
NOTICES IN ELECTION OFFICES, AT POLLING PRECINCTS, EARLY VOTING
SITES, IN VOTE-BY-MAIL BALLOTS, AND ON COUNTY WEBSITES, ADVISING
THE CITY'S VOTERS THAT THE CALLING OF THE REFERENDUM HAS BEEN
REPEALED AND THE SUBJECT BALLOT MEASURE ORDERED REMOVED
FROM THE NOVEMBER 5, 2024 BALLOT BY THE MIAMI BEACH CITY
COMMISSION, AND THAT IN ACCORDANCE WITH SAID REFERENCE GUIDE
0007, ANY VOTES CAST FOR THIS BALLOT MEASURE WILL NOT COUNT FOR
ITS APPROVAL OR REJECTION NOR SHALL ANY SUCH VOTES CAST BE
COUNTED AS PART OF THE OFFICIAL RESULTS OF THE CITY OF MIAMI
BEACH'S NOVEMBER 5, 2024 SPECIAL ELECTION.
RECOMMENDATION
BACKGROUND/HISTORY
The above Resolution has been placed on the October 30, 2024 City Commission meeting
agenda at the request of Commissioner David Suarez.
Section 212.0306(1)(b) of the Florida Statutes authorizes Miami-Dade County (the "County") to
levy a 1% local option food and beverage tax, also known as the Homeless and Domestic
Violence Tax (or the "1% Tax"), with the proceeds thereof dedicated for homeless services and
the construction and operation of domestic violence centers. Pursuant to Section 212.0306, Fla.
Stat., and Section 29-51 of the Miami-Dade County Code, the 1% Tax applies to all food and
beverage sales generated by establishments with gross annual revenues of $400,000 or more
that are licensed by the State of Florida to sell alcoholic beverages for consumption on the
premises, except for hotels and motels.
Page 1904 of 2497
In 2023 and 2024, Section 212.0306, Fla. Stat., was amended to authorize the 1% Tax to be
levied in a city or town which collects its own municipal resort tax, which includes Miami Beach,
if the city"adopts an ordinance that is subsequently approved by a majority of the electors in such
city or town voting in a referendum held at a general election . . . ."
On July 26, 2023, the Mayor and City Commission adopted Ordinance No. 2023-4567, which
created Section 102-388 of the City Code, entitled "Levy, collection and administration of 1%
local option food and beverage tax (Homeless and Domestic Violence tax)," to authorize Miami-
Dade County to levy, collect, and administer the 1% Tax in Miami Beach, as provided in Section
212.0306, Florida Statutes, subject to the approval of the City's voters in a general election (as
defined in Section 97.021, Florida Statutes).
ANALYSIS
On July 26, 2023, and pursuant to Section 212.0306(2)(d), Fla. Stat., the Mayor and City
Commission adopted Resolution No. 2023-32719, 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 1% Tax should be levied in Miami Beach.
The attached Resolution repeals Resolution No. 2023-32719 in its entirety, and directs the City
Clerk to coordinate with the Miami-Dade County Elections Department to remove the ballot
question from the November 5, 2024 ballot by implementing State of Florida Division of Elections
("DE") Reference Guide 0007 (attached to this Memorandum as Exhibit"A").
DE Reference Guide 0007 establishes guidelines for County elections departments to post official
notices in election offices, at polling precincts, early voting sites, in Vote-by-Mail ballots, and on
County websites, advising the City's voters that the calling of the referendum has been repealed
and the subject ballot measure ordered removed from the November 5, 2024 ballot by the Miami
Beach City Commission.
If this Resolution is adopted, any votes cast for this ballot measure will not count for its approval
or rejection nor shall any such votes cast be counted as part of the official results of the City of
Miami Beach's November 5, 2024 Special Election.
FISCAL IMPACT STATEMENT
N/A
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/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Page 1905 of 2497
Applicable Area
Citywide
Is this a "Residents Right to Know" items Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No 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 Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
Repeal Resolution 2023-32719, Ballot Question for 1% Tax. (Suarez) CA
Page 1906 of 2497
Notice of Candidate Withdrawal or Disqualification
FLORID-OF*
*DIVISION (.3I'* or Removal of Ballot Issue
ELECTIONS • DE Reference Guide 0007(Updated 02/2024)supersedes all prior versions
These guidelines are for reference only.They are not to he construed as legal advice or representation.For any particular set offiats or
circumstances,refer to the applicable state,federal baro,and erase hue,an 4/or consult a private attorney before drawing am,legal
conclusions or relying upon this information.
GENERAL OVERVIEW
• We offer the following guidelines to provide notice to the voter when a candidate has withdrawn, been
disqualified, or passed away, or a public measure has been removed from the ballot but it is too late to
change the format and content of the ballot.
• We also include guidelines for the tabulation of elections results under such circumstances.
• Official Spanish translations of notices are provided. Please note that dialects within your jurisdiction may
use different terminology such papeleta versus boleta to refer to the ballot.
•
HOW TO USE THESE GUIDELINES
• Use the templates under under the header "Notice Templates," as maybe applicable.
• If the race is not applicable to all voters in the county, clearly state to whom it applies. Examples:
o ENG: Examples- "Notice to Primary Election Ballot Voters Only"/"Notice to Voters in Congressional
District 1 Only"/"Notice to Voters in County Commission, District 1 Only"
o SPN: Ejemplos- "Aviso para votantes de papeletas de elecciones prim arias unicamente"/"Aviso para
los votantes del Distrito del Congreso 1 unicamente"/Aviso para los votantes de la Comision del
Condado del Distrito 1 unicamente"etc.
• Post in EACH polling place and in EACH voting booth the notice of withdrawal, disqualification, passing, or
removal (as applicable)from the ballot.
• Provide notice to all vote-by-mail ballot voters to whom the notice is applicable and for whom you have
not already prepared to send ballots (regardless of delivery method) starting the day after the candidate
has withdrawn, been disqualified or passed away, or the day after the court ordered the ballot issue
removed.
• Provide notice on county websites.
•The Division will also post notice for federal, state, multi-county and district races.
NOTICE TEMPLATES
Templates#1—8 cover a number of scenarios and recommended notices.
Florida Department of State Page 1 of 5
TEMPLATE#1: For use when a candidate withdraws, is disqualified, or passes away and it does not
result in an unopposed candidate
1 r ,
NOTICE TO THE VOTER
A candidate in the race for the office of has [insert withdrawn,been
disqualified, or passed away,whichever is applicable]such that:
A vote cast for[insert name of candidate A]will count.
A vote cast for[insert name of candidate B]will not count.
A vote cast for[insert name of candidate C]will count.
L
AVISO PARA EL VOTANTE*
Un candidato de la carrera para el cargo de [inserte se ha retirado, ha
sido descalificado, o ha fallecido, la opcion que aplique],de manera que:
Un voto para[inserte el nombre del candidate A]contara.
Un voto para[inserte el nombre del candidate B]no contara.
Un voto para[inserte el nombre del candidata C]contara.
TEMPLATE#2: For use when a candidate withdraws, is disqualified, or passes away and the law
jpermits a replacement candidate
j r NOTICE TO THE VOTER
A candidate in the race for the office of has[insert withdrawn,been
disqualified, or passed away,whichever is applicable] resulting in a replacement candidate as permitted by •
law. Please be advised that:
A vote cast for[insert name of candidate A]will count for[insert name of candidate A].
A vote cast for[insert name of candidate B]will count for[insert name of the replacement candidate].
` A vote cast for[insert name of candidate C]will count for[insert name of candidate C].
AVISO PARA EL VOTANTE
Un candidato de la carrera para el cargo de [inserte se ha retirado, ha sido
descalificado, o ha fallecido, la opcion que aplique], Io que ha resultado en un candidato de reemplazo
conforme lo permite la ley. Por favor,considere que:
I
Un voto para[inserte el nombre del candidate A]contara para(inserte el nombre del candidate A].
Un voto para[inserte el nombre del candidate B]contara para[inserte el nombre del candidate de
reemplazo].
Un veto para[inserte el nombre del candidate C]contara para[inserte el nombre del candidate C].
I
Florida Department of State Page 2 of 5
•
TEMPLATE#3: For use when a candidate withdraws, is disqualified, or passes away and it results in an
unopposed race - If this scenario occurs in a closed primary race, then the Notice below should be preceded
by "For [insert party name] Voters Only"
' r �
NOTICE TO THE VOTER
A candidate in the race for the office of has [insert withdrawn,
been disqualified, or passed away,whichever is applicable] resulting in an unopposed candidate race.
A vote cast in this race will not change the outcome as the remaining candidate is deemed by law to be[insert
"nominated"or"elected"as applicable]for that race.
I .
AVISO PAM EL VOTANTE
Un candidato de la carrera para el cargo de [inserte se ha retirado,ha sido
descalificado, o ha fallecido, la opcion que aplique],lo que ha resultado en una carrera electoral sin oposicion.
}
Un voto emitido en esta carrera no cambiara el resultado debido a que el candidato restante es considerado
legalmente como[inserte "nominado"o "elegido",conforme aplique]para tal carrera.
TEMPLATE#4: For use when a public measure is ordered removed from the ballot
NOTICE TO THE VOTER
The public measure [insert name of public measure—For example No. 1.Constitutional Amendment,Article
Section_,Conserving Florida's Future]has been ordered removed from the ballot.
Any vote cast for this public measure will not count for approval or rejection of the public measure.
r AVISO PAM EL VOTANTE
Se ha ordenado que la medida publica [inserte el nombre de la medida publica–por ejemplo, Nro.1. Enmienda
constitucional,Articulo ,Seccion ,Conservando el Futuro de Florida]sea eliminada de la papeleta.
Cualquier voto emitido hacia esta medida pOblica no contara para la aprobacion o rechazo de esta medida
L publico.
TEMPLATE#5: For use when the only write-in candidate withdraws, is disqualified, or passes away
NOTICE TO THE VOTER
l I
The write-in candidate in the race for the office of , has[insert
withdrawn,been disqualified, or passed away,whichever is applicable].
Any vote cast for the write-in candidate in this race will not count.
i J
r AVISO PAM EL VOTANTE
El candidato por escrito en la carrera para el cargo de [inserte se ha retirado,
ha sido descalificado, o ha fallecido, la opcion que aplique]. 5
1 Cualquier voto emitido para este candidato por escrito sera considerado invalido.
Florida Department of State Page 3 of 5
Page 1900 of 2497
TEMPLATE#6: For use when one write-in candidate withdraws, is disqualified, or passes away but other write-
in candidates remain
NOTICE TO THE VOTER
[Insert name of write-in candidate who withdrew, was disqualified, or passed away,whichever is
applicable],a write-in candidate in the race for the office of [insert withdrawn, been
disqualified or passed away,whichever is applicable].
Any vote cast for this write-in candidate who has withdrawn,been disqualified or passed away, will not
count.
L
AVISO PARA EL VOTANTE
[Inserte el nombre del candidato por escrito que se ha retirado, ha sido descalificado, o ha fallecido, Ia
option que aplique], un candidato por escrito en la carrera para el cargo de [insert se ha
retirado,ha sido descalificado, o ha fallecido,la option que aplique].
Cualquier voto emitido para este candidato por escrito que se ha retirado,ha sido descalificado o ha fallecido
no se considerara valido.
TEMPLATE#7: For use when a candidate whose candidacy in a closed primary race withdraws, is
disqualified or passes away so that the race has now become an open or universal primary race and it is
too late to change the race to a universal primary contest on the primary election ballot
NOTICE TO THE VOTER
[Insert name of candidate who withdrew, was disqualified or passed away,whichever is applicable], a [write-
in,
if applicable]candidate in the race for the office of has[insert withdrawn,been
disqualified or passed away,whichever is applicable].Without this candidate,the election for this office has
now become a universal primary contest open to all voters,regardless of party affiliation.To ensure that all
voters have the opportunity to vote for this office,the election for this office will now appear on the general
election ballot.
Any vote cast for any candidate in this race on the primary election ballot will not count.
t 7
AVISO PARA EL VOTANTE
[Inserte el nombre del candidato por escrito que se ha retirado, ha sido descalificado, o ha fallecido,la option
que aplique], un candidato[por escrito,si aplica]en la carrera para el cargo de
{ [insert
se ha retirado,ha sido descalificado, a ha fallecido, la option que aplique].Sin este candidate, la eleccion para
este cargo se convierte en un concurso primario universal abierto para todos los votantes, sin importar su
afiliacion de partido. Con la finalidad de asegurar que todos los votantes tengan la oportunidad de votar para
este cargo,la eleccion de este cargo ahora aparecera en la papeleta de eleccion general.
Cualquier voto emitido para este candidate en la papeleta de Ia carrera de Ia eleccion primaria no se
considerara valido.
Florida Department of State Page 4 of 5
}
TEMPLATE#8: Applicable only in Presidential Preference Primary
If a major political party submits multiple presidential candidate nominees to place on the Presidential
Preference Primary Election ballot, the candidate nominees have to withdraw by a December deadline in the
year preceding the PPP pursuant to chapter 103, FS. if they do not want their name on the PPP ballot. After
that deadline, the names of the candidates nominees who did not withdraw by the deadline MUST appear on
the ballot even if a candidate nominee formally or reportedly suspends or withdraws from campaigning. The
votes cast for each candidate nominee on the ballot shall count for that candidate nominee because the major
political uses the votes at their national convention to further narrow the field of their presidential candidate
for placement on the General Election Ballot. The following is offered solely as recommended (not required)
language that may be included in the vote-by-mail ballot envelope and/or polling location or booth, or to use
to answer incoming calls on the matter as to the PPP ballot for the specific major political party(the example
uses the Republican Party of Florida based on the 2024 Election Cycle).
r NOTICE TO THE VOTER
Some party candidates for president have reportedly suspended or ended their presidential campaigns.
If a candidate did not submit a formal withdrawal before statutory deadline of[insert date,in accordance with
section 103.101(3), Fla.Stat.,the candidate nominee's name must remain on the Presidential Preference
Primary(PPP)ballot for his or her respective party.
A vote cast for any candidate nominee appearing on the ballot will count as a vote for that candidate.
I I
AVISo PARA EL VOTANTE
Se ha reportado que algunos candidatos habrian suspendido o terminado sus campafias presidenciales.
Sin embargo,si un candidato no ha presentado un retiro formal antes del fecha limite legal [insert date],de
acuerdo con la seccion 103.101(3)de los Estatutos de Florida,su nombre debe permanecer en las papeletas
de la Primaria de Preferencia Presidencial (PPP) para su partido respectivo. Un voto emitido para cualquier
candidato en la papeleta sera contado como un voto para ese candidato.
I t j
TABULATION OF VOTES/RESULTS
• It may be that your voting system will still record the votes that may be cast for the withdrawn or
disqualified candidate or the removed public measure on the ballot.
• These votes cast should not be reported or published except to the extent that they are to count for a
replacement candidate (example provided in Template#2).
• These votes are otherwise invalid and are not part of the unofficial or official election results. Moreover,
these votes should not be counted for purposes of determining whether a recount or a run-off is triggered.
NOTE: For Presidential Preference Primary Election only,the vote cast for each candidate's name that
appears on the ballot must still be recorded and counted regardless of any or informal formal notice or
Florida Department of State Page 5 of 5
o
reported in the media accounts of a candidate suspending or withdrawing after the statutory deadline
unless there is a court order.
RESULTS TAPE
[The following DOES NOT apply to the Presidential Preference Primary Election.]
• Post the results tape (as you are required) in the polling place after polls are closed.
• Do not redact or otherwise black out the withdrawn or disqualified name or results on the results tape (it is
recorded and public). You may post an explanatory note on the fact that the candidate withdrew or was
disqualified or the issue was removed from the ballot.
• Do not publish those results anywhere else as there is no need.
• Do not include or submit the withdrawn/disqualified candidate or removed ballot issue results in any
unofficial or official results to the Division.
For Presidential Preference Primary Election only, the vote cast for each candidate's name that appears on the
ballot shall be counted regardless of formal notice or reported in the media accounts of a candidate
suspending or withdrawing unless there is a court order.
PUBLIC RECORDS
• Although the tabulated votes are not made a part of the unofficial or official election results submitted to
the Department of State, if they are recorded, they are still public record.
• Therefore, if someone wants to see what was recorded,they will have to be provided upon request.
Florida Department of State Page 6 of 5