08-05-08 Item 23o(, v ., South Miami
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INCORPORATED CITY OF SOUTH MIAMI -
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o izia P 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Of all chapters in the Code, this is probably the most outdated.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
I ORDINANCE NO.
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
20
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
21 Section 1. Chapter 9, of the City's Code of Ordinances, entitled "Elections,"
21 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
29 City of South Miami is being amended as follows:
R
31 Chapter 9
31
33 Sec. 9 -1. State Election Code adopted for municipal elections.
34
35 All general and special elections held in the City of South Miami, Florida, shall be
39- held and conducted in accordance with the provisions of Chapter- 4-3 -2-8, T���
37 ^4 -189-5, State Laws and/or the Metropolitan Dade. County Hoene Rule Amendment
3 and Charter, except as specified in the City's Charter, and the acts amendatory thereof
3 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
42 guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery,
43 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; ,
er-
knowkiggly eaffying er aeeeptkag
paFty 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 after
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 underlinins and deletions shown by e king.
Page 2 of 4
X Any person who shall pessesr fl 1' L +' a ite to 1 +' }
x/ quail V LLLl V 11J requisite U Ur.JTCti�(j„[�LrV �L�Ct
Z ria-1Li, a s1 ii �� d i3�( -Seut h Mia7-r i six (6) fnaiiths n,&xt
3 precedii g a e ° is a duly registered voter of Miami -Dade County and who has
4 been a legal resident of the City of South Miami for a period of no less than thirty (30)
5 days immediately preceding the date of the election and shall have been registered in the
G registration book of tke- eity Miami -Dade County shall be a qualified elector of the city.
7
8 Sec. 9 -3. Polling places; appointment and certificate of election inspectors and clerk
9 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 ty „ r;ssie , shall nt three
_ llv 1 J' VV11111115
14
15 the eper-atieii of the veting maehines, . as required by sta te law, afid shall eeffify the names
16
17
18 See. 9 6. 'Ac car -a e tt boe ks --City e
19
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21 r-egistra4iea beeks of the eity at afty time iiet latef than thifty (30) days pfevieus to
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25 See. 9 7. Same Open and elesiffig 11-tes, oath and identifleation of eleeter for
26
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r.
.' 11 - _ -__ »» "' »` »••••••, -- v .., ii Vl VV' L411V L1LJ
29 1
30 8-0-51. relating to fegistfatien books for- a pef+Banent registration system when open-,
31 when ,
32 1.1.
33
34 Sec. 9 -8. Absentee voting; provisions of state law adopted for same.
35
36 Pursuant to authority contained in Section 1019, 101.6105 Florida Statutes,
37 449 , 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
41
42 in the event no eandidate fer mayor shall reeeive a majority of the votes east fe.F
43 mayef in a genefal -eleetion, a runoff election shall be held on the second
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NOW--- " OW--m-111 WIN!
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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
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckinan:
Additions shown by underlining and deletions shown by ever -
Page 4 of 4
:-
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
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckinan:
Additions shown by underlining and deletions shown by ever -
Page 4 of 4
ARTICLE IV (Cont'd)
F. Performance -based audit. The
require a performance -based audit for
once every 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 r 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 anct'zitie of person administering oath
(4) No appointed officer
Miami, shall be certified for
in the City of South Miami.
or employee of the City of South
nomination of any elected position
(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 A'IIAMI 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.II,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 Committee 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
SECTION 6. Initiative and Referendum
A. General Authority
(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 CHARTER
AMENDED 2/14/06
AR'T'ICLE V (Ca11t'd)
capital program or any emergency ordinance or ordinance relating
to appropriation of money or levy of taxes.
B. Commencement of Proceedings, Petitioners; Committee;
A -F-F4 rL=TT7 f
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
(1) 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 (Cout'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) Conauission 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 2114106
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)
SECTION 1.
ARTICLE V8
GENERAL PROVISIONS
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 :View Statutes :- >2005- >Ch0101- >Section 6105 : flsenate.gov
Select Year: 2005 ..,.._...
The 2005 Florida Statutes
Title IX
ELECTORS AND ELECTIONS
Chaffer 1101
VOTING METHODS AND PROCEDURE
NO
Page 1 of 1
\_iew_Entire _Chester
101.6105 Absentee voting.- -The provisions of the election code relating to absentee voting and
absentee ballots shall apply to elections under ss. 1.01.61.01- 101.6107 only insofar as they do not
conflict with the provisions of ss. 101_61_01-101.6107.,
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 O 2000 -2005 State of Florida.
http: / /www.flsenate. gov /Statutes /index. 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 1895', 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.
f Editor's note — Chapter 4328, Laws of Florida 1895, has been incorporated
in Chapters 97 -106, inclusive, Florida Statutes.
Supp. No. 54 125
§ 9 -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)
FARtor'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 lliiami 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; appointrinent_ 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 S_vlva
G. Martin Community Building, 6130 Sunset Drive and the city
Supp. No. 54 126
C
§ 9-5 SOUTH MIAMI CODE $ 9 -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 boobs --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
1
C
r
§ 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 registration 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.
(0rd. No. 747, § 1, 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
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
*TATE OF FLORIDA
;OUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 8/5/2008
in the XXXX Court,
was published in said newspaper in the issues of
07/25/2008
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the.
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed befor a this
25 day of JULY , A.D. 2008
(SEAL)
V. PEREZ personally known to me
Notary Putnc State of flonde
? p Cheryl }t Mam:er
% SW My COMM 793490
UU793490
ov rv° Expires 07n61 %0 ?2
.7
CITY OFSOUTN MIAMI..
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY grv6n: hat the Cdy Commission of the Cily of South
Miami, FIonda'.w1l. conduct Pubiic-�Hearings at Its regular City
Commission meeting scheduled for Tuesday, August 5, 2008 beginning
at 7:30 p:ni. in the _City Commission .Chambers- 6130 Sunset Drive, to
- 'consider the (oilowing dems ,
• AN ORDINANCE bF,rtHE MAYOR-AND CITY.COMMISSION, -,
' OF THE UTNbF, SOUTH - MIAMI, - FLORIDA, -RELATING TO
:THE.LAND'DEVELOPMENT CODE;: REMOVING FROM THE
LAND D EVEL b00ENT:CODESECTION,20- 4.4(G) ENTITLED
'JOINT :-USE:SPACES- - VIA. SPECIAL` PARKING PERMIT';
REMOVING FROM THE`t.ANO 'DEVELOPMENT CODE
SECTION ;20-,4A(H) ,ENTITLED_ 'METRO -RAIL. USAGE -
- CONSIDERATION ..VIA. SPECIAL.:-PARKING,;- PERMIT";
AMENDING„ SECTION.,; 20 7,6 ' ENTITLED, - "PARKING' IN
ORDEeTO, MODIFY., REGULATIONS ,PERTAINING- TO
BONUSES.? ANDS ASARKING'- REDUCTIONS';;IN'IrTHE 'SR
(HD OV) ,,SPECIALTY RETAIL (HOMETOWN DISTRICT
OVERtA`.)' ZONING DISTRICT [:AMENDING ..SECTION
20 D
810 ENTITLED ALLOCATIONS' IN'ORDER TO,
ELIMINATE, PARKINd_r REDUCTIONS. ; AND.- 'PARKING i
BONUSES' FOR DEVELOPMENT: IN THE `TODD " - TRANSIT ;
ORIENTED bEVELOPMENT DISTRICT ZONING DISTRICT;
PROVIDING FOR SEVERABILITY, ORDINANCES AN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.. I
.AN ORDINANCE OF THE MAYOR A
. . � AND CITY COMMISSION
OF THE CITY OF -SOUTH MIAMIJLORIDA; RELATING TO
AN AMENDMENT OF THE 2007 -2008 BUDGET; APPROVING .,
A ND .ADORTING�THE RE60MMENDATI:ONS.OF`THE CITY.
MANAGERT-'�TO. 'INCREASE THE:.- �6URRENT' (2007 -2008
eUDGEt FORTH E INCURRENCE OF PRIOR YEAR:EXPEN-
DITURES:IN.THE!CURRENT- Fi$CAL YEAR'S BUDGET; AS
SET FORTH IN THE`ATTACHED ITEMIZED:, LIST ARE
AMOUNTS COMMITTED AND FUNDED 8UT NOT EXPEND -
ED IN-T.HE;FISCAC- NTAR.2006 -2007, AND; AUTHORIZING
THE- CITY:�MANAGEA TO:;:TAKE SUCH ,:MEASURES AS '
NECESSARY ?10- ACCOMPLISH THOSE TRANSFERS;. '
PROVIDING :FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
c��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 .:
2;: ARTICLE; I,',SECTION:2= 2.1'(B) AND (M)(1)(k), IN -ORDER"'. '
TO BE CONSISTENT WITH THE CfTrS CHARTER ARTICLE
II, SECTIONS 5 B, AND 6 8(3); AND EDITING THE _
ORDINANCE TO CORRECT SCRIVENERS `.:ERRORS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CON
._ FLIC.T,,AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
'OF THECITY OF SOUTH MIAMI,'FLORIDA,'RELATING TO
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
2, ARTICLE 11, SECTIONS 2-6 2 -7.1, 2- 10(d), AND 2-15, IN
ORDEWTO BRING THE CODE UP TO- DATE, -'AND TO BE
CONSISTENT WITH THE CITY'S CHARTER ARTICLE III,
SECTION 1; AND EDITINGTHE ORDINANCE TO CORRECT
SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY,
ORDINANCES'1N CONFLICT;.AND AN EFFECTIVE DATE.,
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
2; ARTICLE-111 . "BOARDS,AND',COMMISSIONS,, �SEGTIONS
2-21, 2 22 AND
2 -23 IN ORDER TO BRING THE CODE UP
.. .:To': DATE. iAND' TO. BE'? CONSISTENR `,.Vy1TH:?TaE`..CITY'S
PROVIDING''.FOR- ? SEVERABILIIY :UHUINANLta
CONFLICT; ANDANEFFECTIVEDATE_,
r ,..
AN.ORDINANCErOFTHE�MAVOR AND CITY_COMMiSSION
. -OF. THE CITY.'OF, SOUTH, MIAMI .FLORIDA REbA71NG:TO
AMENDING .THE CITY'S CODE.OF ORDINANCES_ CHAPTER
9. 'EL ECTIONS,,SECTI0NS'9p1 9.1 1.; 9 -2 4-3;4-6;'b_7,6-8.
- _AND, 9-10; IN_ORDER T.O BRING -TWCODE UP ;TO' DATE,
AND`TO BE 'CONSISTENT WITH' THE CITY'S'- CHARTEF
ARTICLE V. AND WITH"FLORIDA STATUTES CHAPTER 101,
AND EDITING THE I ORDINANCE TO CORRECT.SCRIVEN-
ERS ERRORS; PROVIDING FOR SEVERABILITY
.
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE:;.
A RESOLUTIOWOF THE MAYOR ANDr CITY COMMISSIOP
OF THE CITY.OF SOUTH{MIAMI;-FLORIDA RELATING TC
.. DEVELOPMENT; ('DOE',TO' PERMITIWALL SIGNAGE-ON /
- ._DESIGNATED . HISTORIC•.'" COMMERCIAL:'- BUILO)NE
LOCATED AT 5900 SLINSETDRIVE (AMSTER BUILDINGS]
PROVIDING AN EFFECTIVE DATE
If you have any inquiries on'lhe above items please conlact the
Clerk's office at: 305 -663 -6340 ,
ALL interested parties are invited to'ailend and will be heard.
+r Maria M Menendez, CN
Pursuant to Florida lStatutes-286.0105 the City hereby adviser
public public that if.a,person, decidesjo.appeil ariy,.decision made,by
Board, Agency or Commission with (aspect Io any jnatter,consider
Its meeting or hearing, he or she will need _a record of the proceed
and that for such purpose affected person may need to ensure ti
verbatim record of the proceedings1i made which record include
testimony and evidence upon which the appeal Is to be based.:'
7/25. .... .... ._ 08- 3- 15711N571
AR F fT µf 7,
�.
Q
�f
N
a.m. 4:30 Ion. dally (gardens open cial hall of both the World and U.S.
c
until 5:30 p m.; house:until 5 p m) Chess Federation Championships,
.
.
except Chrlstmas.Day; 3251 S Miami . touFnaments and field trips are held
f
# Ave., Miami. $12 adults; $9 Mlaml ° often`'A chess club Is -held Thursday
Dade adult residents $5 kids 6 -12 ,'$4 nlghtsrParticipation n the Second t
k
r "
Miami Dade kids; freefor kids 5 and `.'' Sunday Tournament Is encouraged
i under. 305 250 9133 or vizcayamu '13755 $W,119th Ave West Kendall
1
o
seum.org $5 adults, $3 children l2.and under.
World Chess Hall of Fame: The offs '. 'f7867242- 4255.
J
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—
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1
,
t .
COURTESY NOTICE
CITY,OF-SOUTH MIAMI,
s, I
On Tuesday August 5 2008 tieglnrnng at,7 30 p m , In the City Commission Chambers
4"
E `
6130 Sunset Drive, ,.;the City Commission will hold`Public Hearings to. consider- -the
i
foll owing ltems r�s
'
I_
,
AN ORDINANCE RELATING TO THE LAND DEVELOPMENT'CODE,.REMOVING;,:
FROM THE LAND DEVELOPMENT CODE SECTION 26 4 4(G),ENTITLED JOINT.
t
n
_
E '
USE SPACES VIA SPECIAL PARKING PERMIP REMOVING FROM TkilAND
°DEVELOPMENT:CODE:;SECTION 26= 44(H),ENTITLED' "METRO RAIL:USAGE
I
-CONSIDERATION. VIA�SPECIAL PARKING :RERMIT7,- AMENDING4SECTION
A -7;6 ENTITLED PARKING 1N ORDERTO MODIF�f REGULATIONS PERTAINING
TO BONUSES `AND PARKIFIG REDUCTIONS IN,THE SR(HD OV) SPECIALTY;"
RETAIL (HOMETOWN DISTRICT OLAY)
VER`20hAd'•DISTRICT AMENDING
;
J
"SECTION 20 -8.10 ENTITLED 'BONUS ALLOCATIONS IN ORDER TO ELIMINATE -,
PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE
'TODD TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT A
r.
AN ORDINANCE RELATING TO AN AMENDMENT * OF THE 2007 2008 BUDGET
!
•
APPROVING AND �ADOPTINGi-tME RECOMMENDATION$ OF THE CflY.`
"S
`
MANAGER •TO INCREASE_THE CURRENT:.2007 -2008 BUDGET, :FOR THE-'P,
%
j
`INCURRENCE OF PRIOR 'YEAR EXPENDITURES IN THE CURRENT FISCAL
1
,;
,YEARS °BUDGET AS SET. FORTH rIN THE ATTACHED .ITEMIZED_bST ARE
G"
I
AMOUNTS COMMITTED, AND FUNDED, BUT NOT ED, IN THE.FISCAL
Y
YEAR 2006 -2007 AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH
t
s
S;
.�
MEASURESASNECESSARYTOACCOMPLISHTHOSETRANSFERS
{
AN: ORDIN, ANCERELATINGTOAMENDINGTHECITYSCODEOFORDINANCES
CHAPTER 2; ARTICLE 1, SECTION 2 =2.1e B AND
O (Nl)(1)(k), IN ORDER •TO
I
}
CONSISTENT WITH THE CITY'S"CHARTER ARTICLE' -II, SECTIONS 5 B,'AND 6
B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS 7'
7
j
I
�.;f.
AN ORDINANCE RELATING TO AMENDING THECITY S CODE OF ORJDANCES•
CHAPTER NS 2
f
2, ARTICLE II,' SECTIO_ 6, 2 7.1', 2 -10(r8 _AND 2 i5 JN ORDER
1
TO BRING THE CODE UP TO DATE, AND TO. BE CONSISTENT;WITH THE
r�-
CITY'.S CHARTER ARTICLE.III SECTION 1 AND EDITING THE ORDINANCE TO
r
CORRECT SCRIVENERS ERRORS.
Ij
AN ORDINANCE RELATING TO AMENDING THE CITY S CODE OF ORDINANCES
_CHAPTER 2 ARTICLE; III' "BOARDS, ANDJCOMMISSIONS -2-21,;,,
I ;
;�SEGTIONS
2-22, AND 2-23, IN ORDER TO BRINGITHE CODE UP TO. DATE AND'TO BE
CONSISTENT' WITH THE:CITYS-CHARTERARTICLEjII; SECTION 81C AND
-
EDITING THE ORDINANCE T0, CORRECT_SCRIVENERS ERRORS:
AN;ORDINANCE, RELATING TO AMENDING THECITY'SCODEOFORDINANCES r
CHAPTER 9, "ELECTIONS," SECTIONS 9 1' 941,1-2,`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`,FLORIDAI STATUTES'`
1
- CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS
1
ERRORS
r
(i(
'
A` RESOLUTION V
?
RELATING TO THE" ISSUANCE OF . A CERTIFICATE OF
?
APPROPRIATENESS .PURSUANT TO SECTION 20 519(E)(3) OF THE LAND -
I'
DEVELOPMENT -,CODE •TO,PERMIT WALL: SIGNAGE. ON; A'DESIGNATED
HISTORIC 'COMMERCIAL. BUILDING— '
t
LOCATED AT 5900'' SUNSET�DRJVE
(AMSTER BUILDINGS).
j -
If you have any 6quines``on the above ..items please contact the. City Clerks o fide
at 305m663-6340-
t
ALL interested parties are Invited to attend`and will be heard t. " }
°r l•
j
"Maria M. Menendez, CMC
Clerk" a t . '
Pursuant to Florida Statutes 2860105, the City hereby advises the public that if ,a person decides to appeal any
;1
decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing
he or she will need a record of the proceedings, and that for such purpose, affected .person may need to ensure that
-
I
.a verbatim record of the proceedings is made which record includes the testirnony and evidence upon which the:
t,,, ~ c
7 �-
to be based.'.'.
jappeal'is
i�