R9A-Discuss Florida 3rd District Court Decision- Let Miami Beach Decide v CMB A,\/\I /\ f\" i BEACH / \; \I/\; / '-,
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
Members of the City Commission and
Jimmy Morales, City Manager . ?
Rafael Granado, City Clerk .
Jose Smith, City Attor~:J~> " "
September 24, 2013
Let Miami Beach Decide v. City of Miami Beach and SBACE. LLC,
Third District Court of Appeal, Case # 3013-2243;
Lower Tribunal Case No.13-025234 CA13
I recently forwarded a copy of the Third District Court of Appeal's Order in the above-
referenced case. The appeal was filed by Let Miami Beach Decide ("LMBD"), seeking review of
the trial court's August 28, 2013 Order approving the "Convention Center Project" and the
Section 1.03 Charter Amendment ballot questions, and dismissing LMBD's Counterclaim
seeking the removal of the Project question from the ballot
The Appellate Court ruled that City Charter Section 1.03 requires approval by the City
of the actual/ease(s) and its material terms prior to placing the issue on the ballot. In its ruling,
the Court stated that its decision was based upon a need for voters to have sufficient
information to cast their vote. The Court noted that terms such as the amount of rent; the
amount and specific location and square footage of the properties to be leased; and the height
of air rights being transferred, were material provisions of any final leases between the City and
the developer, and that voters had a right to know these material terms, prior to voting on the
Project ballot question. Without such information, the court held that voters are "simply not in a
position to intelligently cast their ballots to approve or disapprove the lease."1
Having determined that the "Convention Center Project" ballot question lacked the
material terms of the Project leases, the Third District ordered that it be removed from the
November 5th ballot. The court also ordered that the last line of the Charter Amendment ballot
question { ... "This Charter change inapplicable to 'Convention Center Project' question below'')
also be removed. In light of the September 21, 2013 deadline by which the City was required to
inform the County Department of Elections of any changes/corrections to its November 5, 2013
Master Ballot, the City Clerk instructed the DOE of the subject changes, as mandated by the
Third District.
1 The Appeals Court held that this information could not be gleaned from SBACE's letter of intent (LOI),
as the LOI, by its terms, is only a basis for negotiation and does not bind the parties.
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Agenda Item R 9A
Date ?~30-13
Let Miami Beach Decide v. City of Miami Bach and SBACE, LLC
District Court of Appeal, Case #3D13-2243
Lower Tribunal Case No. 13-025234 CA 13
Pagel
The City's November 5, 2013 ballot contains the Charter Amendment ballot question, as
revised by the Third District (i.e. without the last line stating that the Charter Amendment does
not apply to the Convention Center Project}. Further, any future ballot question seeking voter
approval of the City's Convention Center Project, must contain the material terms of the Project
leases.
Please let me know if you have questions regarding the case.
JS/RNid/mmd
F:\ATTO\AGUR\MEMOS\LTC-Let Miami Beach Decide v. CMB (Final 9-24-13) JS.doc
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