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File ID: #7222
Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," TO
ESTABLISH SECTION 2-39, TITLED "RECALL," PROVIDING A PROCESS FOR THE
RECALL OF ELECTED OFFICIALS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 7222 (Revision:) Printed On: 5/4/2020
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Legislation
Ordinance
Enactment Number: 13898
File Number: 7222 Final Action Date: 3/12/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," TO
ESTABLISH SECTION 2-39, TITLED "RECALL," PROVIDING A PROCESS FOR THE
RECALL OF ELECTED OFFICIALS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 4(b) of the Charter of the City of Miami, Florida, as amended ("City
Charter'), provides, in pertinent part, that "the mayor and all other members of the city
commission shall be subject to recall"; and
WHEREAS, because the recall process is subject to abuse, could potentially subject the
City of Miami ("City") to exorbitant costs for the process of scheduling multiple special elections
during a single year, and is an unfunded mandate upon the City by the Florida Legislature, it is
appropriate to limit the recall process to one (1) recall per year per elected official; and
WHEREAS, the City Commission finds it to be in the best interests of the residents and
stakeholders of the City to amend the Code of the City of Miami, Florida, as amended ("City
Code"), to provide for clarity regarding the procedures for the recall of elected municipal
officials;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2, Article II of the City Code is further amended in the following
particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE II. MAYOR AND CITY COMMISSION
Secs. 2-39-2-66. oo�d-Recall of elected officials.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 7222 (Revision:) Printed On: 5/4/2020
No recall petition may be certified for the recall of an elected official in the City within one (1)
year after a recall petition against him/her is defeated.
Secs. 2-40 - 2-60. Reserved"
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor iey 2/14/2020
Z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami File ID: 7222 (Revision:) Printed On: 5/4/2020