Ordinance 2025-4711 2025-4711
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'; 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
ELECTIONS'
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, Son
the first business day immediately following the &County eElections &Supervisor's issuance of
final election results returns for any from the eCity'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/2024/11/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, § 2-
31 et seq.; election signs, § 138-134.
State Law reference—Florida Election Code, Fla. Stat. Chs. 97-106.
election), the sCity sCommission 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
1
shall enter upon the discharge of their dl hies except as otherwise provided by the city
1
Charter• f a run-off tien is necessar all new offin s hall be declared elected
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subsequent 1
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1 upon the discharge of their dl hies except as other ise provided by the city Charter
1
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
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),4 at which time they shall enter upon
the discharge of their duties.
(1))(c) of a-run off election-is necessary, t„e Any City Commission meeting(s) occurring
between the date of the general election and the '
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 sCity 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.
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 en day of r64‘ , 2025.
PASSED and ADOPTED this If day of rI4rGit- , 2025.
ATTEST:
Mayor Steven Meiner
MAR 2 0 2025
Rafael E. ranado = s
City Clerk _- •<Sy,
(Sponsored by Commissioner Alex J. Fernandez) IA(ORP OKAYED;-?
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
-)isIzooms
C omey Date
Ordinances - R5 K
MIAMI BEA
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 19, 2025 10:15 a.m. Second 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
Page 473 of 1157
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 3/7/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
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 Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
10:15 a.m. 2nd Rdg, Voter Approved Amendments: Runoff Election/Install Dates/Terms. (AF) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 2/26/2025— R5 T
Page 474 of 1157