BIE - Voter Approved Amend Runoff Election Install Dates Terms (3/7/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: March 16, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
38, ENTITLED “ELECTIONS,” SECTION 38-4 THEREOF, ENTITLED
“ACCEPTANCE OF ELECTION RETURNS; INSTALLATION OF NEW
OFFICERS,” FOR THE PURPOSE OF CONFORMING/IMPLEMENTING INTO
THE CODE VOTER-APPROVED AMENDMENTS TO THE CITY CHARTER
CONCERNING RUNOFF ELECTION DATE AND DATE OF INSTALLATION AND
COMMENCEMENT OF TERMS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required? ☑ Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law. ☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land development
regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4), Florida Statutes.
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Business Impact Estimate
Page 2
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself. The
Commission Memorandum and Ordinance are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private, for-profit businesses in the City of Miami Beach; that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur; that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible; and that the proposed Ordinance will not impact the City of Miami Beach’s regulatory
costs and will not generate any revenue from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by
the proposed Ordinance.
4. Additional comments: None.
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Ordinances - R5 T
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:February 26, 2025 11:05 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38,
ENTITLED “ELECTIONS,” SECTION 38-4 THEREOF, ENTITLED “ACCEPTANCE
OF ELECTION RETURNS; INSTALLATION OF NEW OFFICERS,” FOR THE
PURPOSE OF CONFORMING/IMPLEMENTING INTO THE CODE VOTER-
APPROVED AMENDMENTS TO THE CITY CHARTER CONCERNING RUNOFF
ELECTION DATE AND DATE OF INSTALLATION AND COMMENCEMENT OF
TERMS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Attorney recommends that the Mayor and City Commission adopt this Ordinance
at First Reading, and schedule a Second Reading/Public Hearing. The Ordinance, which
is sponsored by Commissioner Alex J. Fernandez, implements and conforms the City
Code to the City Charter amendments approved by the City’s voters on November 5,
2024.
BACKGROUND/HISTORY
On November 5, 2024, the City submitted to the City’s voters seven (7) proposed
amendments to the City Charter and Citizens’ Bill of Rights that were recommended by
the 2023-24 Ad Hoc Advisory Charter Review and Revision Board. All seven (7)
amendments were approved by the voters.
ANALYSIS
As a result of the City’s November 5, 2024 Special Election, several related sections of
the City Code require amendment in order to conform the Code to the amended Charter
and Citizens’ Bill of Rights, and to implement, as needed, the voter-approved language.
As such, the attached Ordinance proposes required amendments to Chapter 38 of the
City Code, entitled “Elections,” including the following:
•Amended runoff election date (now the second Tuesday in December);
•Date of installation of new Commission members (Monday following the second
Tuesday in December); and
•Commencement of terms (on the date of installation, which is the Monday following
the second Tuesday in December).
FISCAL IMPACT STATEMENT
N/A
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Does this Ordinance require a Business Impact Estimate? Yes
(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/
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
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 Attorney
Sponsor(s)
Commissioner Alex J. Fernandez
Co-sponsor(s)
Condensed Title
11:05 a.m. 1st Rdg PH, Voter Approved Amendments: Runoff Election/Installation Dates/Terms.
(Fernandez) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 38,ENTITLED "ELECTIONS,"SECTION 38-4
THEREOF,ENTITLED "ACCEPTANCE OF ELECTION RETURNS;
INSTALLATION OF NEW OFFICERS,"FOR THE PURPOSE OF
CONFORMING/IMPLEMENTING INTO THE CODE VOTER-APPROVED
AMENDMENTS TO THE CITY CHARTER CONCERNING RUNOFF
ELECTION DATE AND DATE OF INSTALLATION AND
COMMENCEMENT OF TERMS;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,on November 5,2024,the City of Miami Beach held a Special Election for
the purpose of presenting to the City's electorate seven (7)proposed amendments to the City
Charter and Citizens'Bill of Rights;and
WHEREAS,the City's voters approved all seven (7)measures 1;and
WHEREAS,the following amendments are thus presented for the purpose of
conforming/implementing into the Code the subject voter-approved measures relating to Chapter
38 of the City Code,entitled "Elections."
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.That Chapter 38 of the Miami Beach City Code,entitled "Elections,"is hereby
amended to reflect the following amendments to Section 38-4,"Acceptance of election returns;
installation of new officers,"reading as follows:
CHAPTER 38
ELECTIONS2
***
Sec.38-4.-Acceptance of election returns;installation of new officers.
Except as otherwise provided by the City Charter and subject to the provisions below,Gan
the first business day immediately following the 6County eElections supervisor's issuance of
final election results returns for any from the City's biennial general election (or from any special
1 The Certification of Official Final Election Results from the City's November 5,2024 Special Election are
located at:https://www.miamibeachfl.gov/wp-content/uploads/2024/1 1/LTC-512-2024-OFFICIAL-RESULTS-
OF-THE-NOVEMBER-5-2024-SPECIAL-ELECTION.pdf
2 Charter reference-Elections,Art.VI;Initiative and Referendum Elections,Art.VII.
Cross reference-Any ordinance calling elections or prescribing the manner of conducting the election in
accordance with State law saved from repeal,$1-10(a)16)Administration,Ch.2;City Commission,s2-
31 et seq.;election signs,§138-134.
State Law reference-Florida Election Code,Fla.Stat.Chs.97-106.
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election),the cCity cCommission shall meet for the purpose of accepting the returns of such
election(s)and ascertaining the results thereof.
(a)Should no run-off election be necessary,new officers-shall be-declared elected
subsequent to the city commission's acceptance of final general (or special,as the case
may be)election returns results at which time the new officers shall be installed and
shall enter upon the discharge of their duties,except as otherwise provided by the city
Charter;if arun-off election is necessary,all new officers shall be declared elected
subsequent to the city commission's acceptance of final run off election returns results
on the first business day following the county elections supervisor's issuance of such
final election results,at which time the new officers shall be installed and shall enter
upon the discharge of their duties,except as otherwise provided by the city Charter.
(a)If a runoff election is required,the City Commission shall meet to accept the final returns
from such runoff election on the Monday immediately following the date of the runoff
election.3
(b)The installation and commencement of terms of office for all new officers elected shall
occur on the Monday immediately following the date of the runoff election (i.e.on the
Monday after the second Tuesday in December),"at which time they shall enter upon
the discharge of their duties.
(b)c)lf a run-off election is necessary,the Any City Commission meeting(s)occurring
between the date of the general election and the commission's acceptance of final run
off election returns results Monday immediately following the date of the runoff election
shall occur for the limited purpose of accepting the returns of such general election,
and/or to address any emergency matter,pursuant to Florida law and cCity Charter
Section 2.05.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERABILITY.
If any section,sentence,clause or phrase of this ordinance 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 ordinance.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach,Florida.The sections of this ordinance may be renumbered or
3 City Charter Section 2.01 establishes the date of the runoff election as the second Tuesday in
December immediately following the date of the City's general election.
4 See footnote 3.
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re-lettered to accomplish such intention,and the word "ordinance"may be changed to "section,"
"article,"or other appropriate word.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the day of2025.
PASSED and ADOPTED this day of,2025.
ATTEST:
Mayor Steven Meiner
Rafael E.Granado
City Clerk
(Sponsored by Commissioner Alex J.Fernandez)
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
Date
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