07-22-08 Item 30South Miami
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INCORPORATED • CITY OF SOUTH MIAMI
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�c o RjpA OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor, Vice Mayor and City Commissioners
From: Jay Beckman, City Commissioner
Via: Maria M. Menendez, City Clerk
Date: July 22, 2008 ITEM No.
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9-
8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA
STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT
SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
STAFF'S OBSERVATIONS
Of all chapters in the Code, this is probably the most outdated. As you will see, people no longer
engage in "duels" (Sec. 9 -1), and the City's polling place for all municipal elections is the
Commission Chamber, not the Sylva Martin Building (Sec. 9 -3). All other updates are
summarized below.
Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments.
The following is a summary of the main proposed amendments:
1) Page 1, lines 36 -38;
2) Page 2, lines 1 -3, 21, and 25 -27;
3) Page 3, lines 1 -6, 12 -32, 36 -37 and, 42 -43;
4) Page 4, lines 1 -11.
Copies of the particular sections of the Code and Charter are attached as backup for reference.
Documentation:
Draft Ordinance
Charter Art. V
F. S. 101.6105
Code of Ordinances Chapter 9
WAMy DocumentsVesolutionsWemo Ordinance.Code amend ch 2 art II.doc
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C
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9,
7 "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, AND 9 -10,
8 IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
9 CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND
10 WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE
11 ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING
12 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
13 EFFECTIVE DATE.
14
15 WHEREAS, the City's current Code of Ordinances provides procedures for the
16 general and special elections of the City; and,
17
18 WHEREAS, the Mayor and City Commission desire to amend its code in order to
19 bring it up to date; and
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21 WHEREAS, the Mayor and City Commission desire to amend its code in order to
22 be consistent with the City's Charter Article V and with Florida Statutes Chapter 101.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
26
2, Section 1. Chapter 9, of the City's Code of Ordinances, entitled "Elections,"
2 Sections 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, and 9 -10 of the Code of Ordinances of the
2S City of South Miami is being amended as follows:
R
3 Chapter 9
3
3 Sec. 9 -1. State Election Code adopted for municipal elections.
3
3 All general and special elections held in the City of South Miami, Florida, shall be
3 held and conducted in accordance with the provisions of Chapter- 4328 Laws of Fl .,.:a.,
3 nets 1895, State Laws and/or the Metropolitan Dade County Home Rule Amendment
3 and Charter, except as specified in the City's Charter, and the acts amendatory thereof
3S and supplementary thereto, as nearly as practicable; provided, that the city commission
4 shall perform all acts in relation to such general land special election, which by state law
41 is made the duty of the county commissioners. Provided that no person under
4 i guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery,
4- perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the
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result of which shall depend upon any election; or of fighting a due', o of sending
pat to a duel, and not restored to civil rights shall be qualified to vote at any such
election.
Sec. 9 -1.1. Charter amendment elections.
Pursuant to the requirements of section 5.03 of the Home Rule Charter of Miami -
Dade County, Florida, the procedure for the drafting or having drafted of a proposed
charter, amendment, revocation, or abolition of the government of the city, shall be by the
method of
(1) Accepting for submission- to referendum any draft of a proposed charter,
amendment, revocation or abolition contained in a petition certified to
contain the signatures of ten (10) per cent of the qualified electors of the city.
(2) Having prepared by the city attorney and approved by the city commission
(either with or without the prior preparations and approval of a charter board
or committee), a resolution or resolutions calling referenda providing for the
adoption, amendment or revocation of the charter to the city or to abolish its
existence which shall be submitted to the electors of the city.
(3) That alternative proposals may be submitted to the electors.
(4) That unless an election occurs not less than 60 nor more than 120 days fter
the draft is submitted, the proposal shall be submitted at a special election
within that time.
(5) That a public hearing to be held on the proposed amendments, revocation or
abolition of the charter, not less than sixty (60) days before the election.
(6) That copies of any proposed amendment or amendments shall be made
available to the electors not less than thirty (3) days before the election.
(7) That each proposal approved by a majority of the electors voting on such
proposal shall become effective at the time fixed in the proposal.
(8) That a copy of each approved amendment shall be certified by the city clerk
and filed with the Clerk of the Circuit Court in and for Miami -Dade County,
Florida.
Sec. 9 -2. Qualifications of electors.
Additions shown by underlining and deletions shown by everstriking.
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Any person who shall possess the - quaff,,.,• ' '+ + leet at 1
1, .1 a iavuaavaa.l Lvqua.aa�v w uu elV
state eleetions, and shall have fesided in the City of South Miami six (6) Menths flext
I
3 preeeding any el° is a duly registered voter of Miami -Dade County and who has
been a legal resident of the City of South Miami for a period of no less than thirty (30)
S� days immediately preceding the date of the election and shall have been registered in the
registration book of the city Miami -Dade County shall be a qualified elector of the city.
7
Sec. 9 -3. Polling places; appointment and certificate of election inspectors and clerk
of inspection.
10
11 The polling place for all general and special elections for the city, unless otherwise
12 specially provided for, shall be at the City Hall
13 Commission Chamber, 6130 Sunset Drive. and the city eemmission shall appoint th
14 ,
15 the opefation of the voting maehines, as f equifed by state law, and shall eefti6, the flames
VI .luvaa iilopevwr and eler-ks to the maye.f.
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18 See. -H. Registration books —City e9rir reyision-boflr-&
19
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21 fegistfation books of the eity at any tiffle not latef than thift-y (30) days pfevieus to afty
22 eleet.ton te be held ift the eity by a motion of the eib, eemmission duly passed at any
23 fegular- meeting ef the eity ee r at any fneeting ealled for- this per-pose.
24
25 See.9 7. Same Open - and elosi-ng dates, oath and- identirfleation of eleeter —for
26 .
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28 Pufstiant to authefity of the applieable Flefida Statutes, the eit-Y hefeby adepts
29 pr6'c si6nrs of see-tion (4) and—sub eetioi1s (a) an (b) of see ;„r (5) of Flef;a„ Sta4utee
30 48.0-51 aelati +c a istf,tio books � + + „+; +
/ V vJ 1 aua. 1a5 v vGaJ{.l U{.a Vll VVV11J 1V1 u VVL LIIATIGiiC— L' G�I3Cl- Q�CI�Z�S�JC�lIT1�when � /CZ1,
31 , V 1
11V11UU VlU{.UI.V II.051 IZ+
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34 Sec. 9 -8. Absentee voting; provisions of state law adopted for same.
35
36 Pursuant to authority contained in Section nz� 1 0, 101.6105 Florida Statutes,
37 4�, the city hereby adopts the provisions of Chapter 101 relating to absentee voting for
38 the purpose of entitling registered voters of the city to participate in elections in the city.
39
40 Sec. 9 -10. Runoff elections for mayor.
41
42 in the event no candidate f6f mayer- shall r-....v ef the votes eas
43 raye general —of sp°e��t-en,, —a funeff eleetion shall be held -en the seeend
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In the event of a tie vote runoff elections shall be held if necessary, within thirty
(30) days from the date of the canvass of the votes cast at the regular elections
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
WAMy Documents\resolutions \Ordinance code updating.Ch 9 elections.doc
NI_ •
I st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever-stf}lting.
Page 4 of 4
FALUMAM : •: _ :-
mkifte
In the event of a tie vote runoff elections shall be held if necessary, within thirty
(30) days from the date of the canvass of the votes cast at the regular elections
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
WAMy Documents\resolutions \Ordinance code updating.Ch 9 elections.doc
NI_ •
I st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever-stf}lting.
Page 4 of 4
ARTICLE IV (Cont'd)
F. Performance - based audit. The
require a
once every
performance -based audit for
five years. (Amended 2/8/00)
ARTICLE V.
Elections
SECTION 1. Qualifications
City Commission shall
each department at least
A. Voters: Any person who is a duly registered voter of
Miami -Dade County and who has been a legal resident of the City
of South Miami for a period of no less than thirty (30) days
immediately before the date of the election.
B. Candidates: The City Clerk shall certify that a
candidate for election to the Office of the Mayor or
Commissioner, no more than 42 days nor less than 28 days prior to
a duly scheduled election has:
(1) Exhibited to the Clerk proof that he or she is qualified
elector of the City of South Miami and has continuously resided
in the City of South Miami in a structure designated as
residential property for at least one (1) year immediately before
the date of the election. (Amended 2/8/00)
(2) Each person seeking to qualify for nomination or
election to a municipal office shall pay, at the time of
qualifying for office, an election assessment fee in addition to
a qualifying filing fee of $100 paid to the City Clerk. The
requirements to pay an election assessment fee and a qualifying
fee may be waived as provided by state law. (Amended 2/8/00)
(3) Taken the following prescribed sworn oath:
"I hereby accept the nomination for Mayor /Commissioner, and agree
to serve, if elected, and further that I hereby make the
following oath:
State of Florida
County of Dade.
Before me, an officer authorized to administer oaths, personally
21 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
appeared to me well known, who,
being duly sworn, says that he /she is a candidate for the office
of - that he /she is a qualified
elector of Miami -Dade County, Florida, and the City of South
Miami; and that he /she is qualified under the Constitution and
the laws of Florida, and the Charter of the City of South Miami
to hold the office to which he /she desires to be nominated or
elected; that he /she has taken the oath required by ss. 876 -05-
876.10, Florida Statutes; that he /she has not violated any of the
laws of the State relating to elections or the registration of
electors; that he /she has qualified for no other public office in
the State the term of which office or any part thereof runs
concurrent (with that of) the office he /she seeks; that he /she
has resigned from any office (from) which he /she is required to
resign pursuant to ss. 99.012, Florida Statutes; and that he /she
has submitted a sworn statement of contributions and
expenditures, if any incurred, prior to the time of qualifying
and since the last preceding general election.
Signature of Candidate
Address
Signature and Title of person administering oath
(4) No appointed officer or employee of the City of South
Miami, shall be certified for nomination of any elected position
in the City of South Miami.
(5) Any official of the City of South Miami who is elected
or appointed to any office and qualifies for an elective office
outside the City of South Miami shall forfeit his (her) office by
the fact of such qualification.
(6) No person shall be certified for nomination to an
elective office in the City of South Miami who concurrently has
qualified for nomination of or is concurrently holding an
elective office outside the City of South Miami.
(7) Any person who qualifies for an elective office outside
the City of South Miami after having qualified for an elective
office in the City of South Miami shall by the fact of such
22 SOUTH AIIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
qualification become disqualified for nomination in the City of
South Miami and his (her) name shall be stricken from the ballot.
SECTION 2.
General Elections.
A. Time General elections for the Commission shall be held
during February of each even year, the day, place and time to be
set by ordinance, at which time the Mayor. shall be elected to a
term of two years and two Commissioners shall be elected to terms
of four years. (see Art =,Sec.2)
B. Mode The office of the Mayor and Commission seats shall
be filled on the basis of the highest number of votes received by
the candidates. At each general or special election where there
are at least two (2) Commissioners to be elected, the election
shall be conducted on a group basis for, each member of the City
Commission to be elected. Each Commission seat to be filled at
said election shall be designated numerically, and each candidate
for the City Commission shall designate in which numerical
grouping he or she is to be a candidate. No candidate shall run
for office in more than one numerically designated group.
C. Unopposed candidates The names of all unopposed
candidates shall be placed on the ballot. The votes for
unopposed candidates shall be counted and published. (Amended
2/8/00)
SECTION 3. Special Elections
As prescribed under Article II, Section 4B.
SECTION 4. Runoff Elections
In the event of a tie vote, runoff elections shall be held,
if necessary, within thirty (30) days from the date of the
canvass of the votes cast at the regular elections.
SECTION 5. Procedures
A. Provisions The City Commission shall provide, by
ordinance, for the procedures of elections not inconsistent with
Sate Laws and /or the Metropolitan Dade County Home Rule Amendment
and Charter, except as specified herein.
B. Canvassing Conanittee Upon the closing of the polls and
the casting of the ballot by the last person then entitled to
23 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
vote, the Canvassing Committee, comprised of the majority of the
Commission and the City Clerk, shall publicly record the results
of the election and proceed to tabulate the absentee ballots and
certify the results. (see Art. II, sec. 2)
C. Installation At 8:00 P.M. on the day following any City
election in the City of South Miami, the Commission shall meet in
special session for the sole purpose of receiving the certified
report of the Canvassing Committee and thereupon the installing
officer, selected by the duly elected incoming Mayor, shall
install the newly elected Mayor and Commission members after they
shall have taken the prescribed oath of office.
D. Oath of Office Every officer of the City shall, before
entering upon the duties of his or her office; take and subscribe
to the following oath or affirmation to be filed and kept in the
office of the City Clerk.
"I solemnly swear (or affirm) that I will support the
constitution and will obey the laws of the United States and of
the State of Florida; that I will, in all respects, observe the
provisions of the Charter and the Ordinances of the City of South
Miami and will faithfully discharge the duties of the Office of
NN
SECTION 6.
Initiative and Referendum
A. General Author!ty
(1) Initiative The qualified voters of the City shall have
power to propose ordinances to the Commission and, if the
Commission fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a City election,
provided that such power shall not extend to the budget or
capital program or any ordinance relating to appropriation of
money, levy of taxes or salaries of City officers or employees.
(2) Referendum The qualified voters of the City shall have
power to require reconsideration by the Commission of any adopted
ordinance and if the Commission fails to repeal an ordinance so
reconsidered, to approve or reject it at a City election,
provided that such power shall not extend to the budget or
24 SOUTH MIAMI CITY CIiARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
capital program or any emergency ordinance or ordinance relating
to appropriation of money or levy of taxes.
B. Commencement of Proceedings, Petitioners; Committee;
Affidavit
A minimum of 100 qualified votes may commence initiative or
referendum proceedings by filing with the City Clerk an affidavit
stating that they will constitute the petitioners' committee and
be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the
address to which all notices to the Commission are to be sent and
setting out in full the proposed initiative ordinance or citing
the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee
is filed, the City Clerk shall issue the appropriate petition
blanks to the petitioners' committee.
C. Petitions
(I) Number of signatures. Initiative and referendum
petitions must be signed by qualified voters of the City equal in
number to at least 150 of the total number of qualified voters
registered to vote in the last regular City election.
(2) Form and Content All papers of a petition shall be
uniform in size and style and shall be assembled as one
instrument.for filing. Each signature shall be executed in ink or
indelible pencil and shall be followed by the address of the
person signing. Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance
proposed or sought to-be reconsidered.
(3)• Affidavit of Circulator Each paper of a petition shall
have attached to it, when filed, an affidavit executed by the
circulator thereof, stating that he or she personally circulated
the paper, the number of signatures thereon, that all the
signatures were affixed in his or her presence, the he or she
believes them to be the genuine signatures of the persons whose
names they purported to be and that each signer had an
opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
25 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
(4) Time for Filing Initiative or Referendum Petitions
Petitions must be filed within thirty (30) days after the
Commission has failed to adopt a proposed ordinance or failed to
reconsider an adopted ordinance when requested to do so.
D. Procedure after Filing.
(1) Certificate of Clerk; Amendment. Within ten (10) days
after the petition is filed, the City Clerk shall complete a
certificate as to its sufficiency, specifying if it is
insufficient, the particulars wherein it is defective and shall
promptly send a copy of the certificate to the petitioners'
committee by registered mail. A petition certified insufficient
for lack of the required number of valid signatures may be
amended once if the petitioners' committee files a notice of
intention to amend it with the Clerk within two days after
receiving the copy of his or her certificate, and files a
supplementary petition upon additional papers within ten (10)
days after receiving the copy of such certificate. Within five
(5) days after such supplementary petition is filed, the Clerk
shall complete a certificate as to the sufficiency of the
petition as amended and promptly send a copy of such certificate
to the petitioners' committee by registered mail. If a petition
or amended petition is certified insufficient . and the
petitioners' committee does not elect to amend or request
Commission review under subsection 2, below, within the time
required, the Clerk shall promptly present his or her certificate
to the Commission and the certificate shall then be a final
determination as to the insufficiency of the petition.
(2) Commission Review If a petition has been certified
insufficient and the petitioners' committee does not file a
notice of intention to amend it or if an amended petition has
been certified insufficient, the committee may, within two (2)
days, after receiving the copy of such certificate, file a
request that it be reviewed by the Commission. The Commission
shall review the certificate at its next meeting following the
filing of such request and approve or disapprove it, and the
Commission's determination shall then be a final determination as
to the sufficiency of the petition. However, the Commission
shall not declare a petition to be insufficient unless the
findings of the City Clerk are illegal or are factually in error.
26 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
(E) Referendum Petitions; Suspension of Effect of
Ordinance.
When a referendum petition is filed with the City Clerk, the
ordinance sought to be reconsidered shall be suspended from
taking effect. Such suspension shall terminate when:
(1) There is a final determination of insufficiency of the
petition; or
(2) The petitions' committee withdraws the petition; or
(3) The Commission repeals the ordinance.
(F) Actions on Petitions
(1) Action by Commission When an initiative or referendum
petition has been finally determined sufficient, the Commission
shall promptly consider the proposed initiative ordinance in the
manner provided in Article II or reconsider the referred
ordinance by voting its repeal. If the Commission fails to take
action on a proposed initiative ordinance without any change in
substance within thirty (30) days or fails to repeal the referred
ordinance within thirty (30) days after the date of the petition
was finally determined sufficient, it shall submit the proposed
or referred ordinance to the voters of the City.
(2) Submission to Voters Such City election on a proposed
or referred ordinance shall be held not less than thirty (30)
days and not later than seventy five (75) days from the date of
the final Commission vote thereon. If no regular City election
is to be held within the period prescribed in this subsection,
the Commission shall provide for a special election otherwise the
vote shall be held at the same time as such regular election.
Copies of the proposed or referred ordinance shall be made
available at the polls, and at City Hall at least fifteen (15)
days prior to the election thereon.
.(3) Withdrawal of Petitions. An initiative or referendum
petition may be withdrawn at any time prior to the tenth day
preceding the day scheduled for a vote by the electors by filing
with the City Clerk a request for withdrawal signed by at least
twenty (20) members of the petitioners' committee. Upon filing
such request the petition shall have no further force. or effect
and all proceedings thereon shall be terminated.
27 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE V (Cont'd)
(G) Results of Election
(1) If 150 of the qualified electors vote on a proposed
initiative ordinance and a majority vote in its favor, it shall
be considered adopted upon certification of the election results
and shall be treated in all respects in the same manner as
ordinances of the same kind adopted by the Commission. If
conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail
to the extent of such conflict.
(2) If 150 of the qualified electors vote on a referred
ordinance and a majority vote against it, it shall be considered
repealed on certification of the election results.
(3) An ordinance adopted by the electorate through
initiatory proceedings shall not be amended or repealed by the
Commission for a period of one year after the election at which
it was adopted but thereafter it may be amended or repealed by a
4/5 vote.
(4) After a referendum petition has been filed, if the
Commission repeals the ordinance involved before the petition is
vote on by the electorate, then the Commission may not reconsider
such ordinance for a period of one (1) year after its repeal.
(H) Recall
A Commission member may be recalled as provided by state
law. (Amended 2/8/00)
ARTICLE VI
GENERAL PROVISIONS
SECTION 1. Conflict of Interest
The City Commission shall, by ordinance, enact a conflict of
interest ordinance, which shall be at least equal to the
standards of conduct for public officers and employees as -set
forth in the state statutes and the Miami -Dade County code. A
Commission member may not serve as a voting member of any board
that reports to the Commission. (Amended 2/8/00)
28 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
Statutes & Constitution Niew Statutes :->2005->ChO 10 1 ->Section 6105 : flsenate.gov Page I of I
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select Year: 2�5.::�:;N: 6Z
The 2005 Florida Statutes
Title IX ' C1Dap1e.[ 101 . \�_ew_ZntJLe
ELECTORS AND ELECTIONS VOTING �4ETHOOSAND PROCEDURE
�-----
101.6105 Absentee voting.--The provisions of the election code relating to absentee voting and
absentee ballots shall apply to elections under ss. 101.6%L1 -101.6107 only insofar as they do not
conflict with the provisions ofss, 1-01'61-01'1O1.81O7',
History.--s. 1, ch. 87'364.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright (D 2000-2005 State of Florida.
http://www.fisenate-govIStatuteslindex.cfm?p=2&App__Mode=Display_Statute&Search—St... 7/13/2006
Chapter 9
ELECTIONS*
Sec. 9 -1. State Election Code adopted for municipal elec-
tions.
All general and special elections held in the City of South
Miami, Florida, shall be held and conducted in accordance with
the provisions of Chapter 4328, Laws of Florida, Acts 18951, and
the acts amendatory thereof and supplementary thereto, as
nearly as practicable; provided, that the city commission shall
perform all acts in relation to such general land special election,
which by state law is made the duty of the county commissioners.
Provided that no person under guardianship, idiotic or insane,
convicted of felony, nor any person convicted of bribery, perjury or
larceny, or of any infamous crime, or being interested in any bet
or wager, the result of which shall depend upon any election; or of
fighting a duel, or of sending or knowingly carrying or accepting
a challenge to fight a duel, or being a second to either party to a
duel, and not restored to civil rights shall be qualified to vote at
any such election.
(Ord. No. 19, 12 -7 -26, § 3)
Sec. 9 -1.1. Charter amendment elections.
Pursuant to the requirements of section 5.03 of the Home Rule
Charter of Dade County, Florida, the procedure for the drafting or
having drafted of a proposed charter, amendment, revocation, or
abolition of the government of the city, shall be by the method of-
(1) Accepting for submission to referendum any draft of a
proposed charter, amendment, revocation or abolition
contained in a petition certified to contain the signatures
of ten (10) per cent of the qualified electors of the city.
*Cross references— Administration, Ch. 2; political signs, § 3 -1.
State law reference—State Election Code, Chs. 97 -106, Florida Statutes.
tEditor's note -- Chapter 4328, Laws of Florida 1895, has been incorporated
in Chapters 97 -106, inclusive, Florida Statutes.
Supp. No. 54 125
69-1.1 SOUTH MIAMI CODE § 9 -3
(2) Having prepared by the city attorney and approved by the
city commission (either with or without the prior prepa-
rations and approval of a charter, board or committee), a
resolution or resolutions calling referenda providing for
the adoption, amendment or revocation of the charter to
the city or to abolish its existence.
(3) That alternative proposals may be submitted to the
electors.
(4) That a public hearing to be held on the proposed amend-
ments, revocation or abolition of the charter, not.less than
sixty (60) days before the election.
(5) That copies of any proposed amendment or amendments
shall be made available to the electors not less than thirty
(30) days before the election.
(6) That each proposal approved by a majority of the electors
voting on such proposal shall become effective at the time
fixed in the proposal.
(7) That a copy of each approved amendment shall be certi-
fied by the city clerk and filed with the Clerk of the
Circuit Court in and for Dade County, Florida.
(Ord. No. 651, § 1, 6- 10 -69)
Editor's note—Ord. No. 651, § 1, amended this Code by adding a section
designated "§ 9 -1 -A" which the editors redesignated as "§ 9 -1.1" to conform with
the Code format.
Sec. 9 -2. Qualifications of electors.
Any person who shall possess the qualifications requisite to an
election at general state elections, and shall have resided in the
City of South Miami six (6) months next preceding any election,
and shall have been registered in the registration book of the city
shall be a qualified elector of the city.
Sec. 9 -3. Polling places; appointment and certificate of
election inspectors and clerk of inspection.
The polling place for all general and special elections for the
city, unless otherwise specially provided for, shall be at the Svlva
G. Martin Community Building, 6130 Sunset Drive and the city
Supp. No. 54 126
C
§ 9 -5 SOUTH MIAMI CODE 69-7
(c) The official ballot to be used at such general or special
election shall be prepared by the city commission in the manner
provided by the state law.
(Ord. 193, 10 -4-49; Ord. No. 1599, § 2, 12- 19 -95; Ord. No. 1625, §
1,3-4-97)
Sec. 9 -6. Registration books —City commission as revision
board.
The city commission may act as a revision board in correcting
and revising the registration books of the city at any time not
later than thirty (30) days previous to any election to be held in
the city by a motion of the city commission duly passed at any
regular meeting of the city commission or at any meeting called
for this purpose.
(Ord. 19, § 7, 12 -7 -26; Ord. 65, 6 -6 -33)
Sec. 9 -7. Same —Open and closing dates, oath and identi-
fication of elector for registration.
Pursuant to authority of the applicable Florida Statutes, the
city hereby adopts provisions of section (4) and subsections (a)
and (b) of section (5) of Florida Statute 98.051 relating to
registration books for a permanent registration system when
open, when closed, and other rules and regulations concerning
registration and elections, and Florida Statute 97.051 relating to
oath required when registering.
(Ord. No. 19, § 8, 12 -7 -26; Ord. 322, § 1, 3- 22 -55; Ord. No. 881, §
1,1-20-76)
Supp. No. 54 128
§ 9-8 ELECTIONS § 9 -11
Sec. 9 -8. Absentee voting; provisions of state law adopted
for same.
Pursuant to authority contained in Section 101.70, Florida
Statutes, 1953, the city hereby adopts the provisions of Chapter
101 relating to absentee voting for the purpose of entitling
registered voters of the city to participate in elections in the city.
(Ord. 227, § 1, 1- 16 -51)
Sec. 9 -9. Filling vacancy in candidacy.
If a qualified candidate is prevented from fulfilling his candi-
dacy by reason of death, withdrawal or removal from the ballot
following the end of the qualifying period, and which leaves fewer
than two (2) candidates for an office, the remaining candidate
shall be deemed to have been elected to such office. In the event
no candidates remain for office, a special election shall be held in
accordance with the city's Charter.
(Ord. No. 1598, § 1, 12- 19 -95)
Sec. 9 -10. Runoff elections for mayor.
In the event no candidate for mayor shall receive a majority of
the votes cast for mayor in a general or special election, a runoff
election shall be held on the second Tuesday following such
general or special election. Runoff elections shall be conducted in
the manner provided in this chapter except as follows:
(a) The reeistration book shall not be reopened prior to the
runoff election;
(b) Proclamation or notice of election shall be published once
only not less than seven (7) days prior to such runoff
election; and
(c) Applications for absentee ballots shall be made at least
seven (7) days prior to runoff election.
(Ord. No. 747, § 12 1- 18-72)
Sec. 9 -11. Campaign contributions.
No person, committee, corporation, or other entity shall make
contributions to any candidate or political committee for any
commission seat in the city in excess of two hundred fifty dollars
($250.00) per candidate.
(Ord. No. 1475, § 1, 4- 16 -91)
Editor's note — Ordinance No. 10 -91 -1475, adopted April 16, 1991, did not
specifically amend the Code; hence, codification of § 1 of said ordinance as § 9 -11
was at the discretion of the editor.
Supp. No. 57 129