HomeMy WebLinkAboutR-24-0276City of Miami
Resolution R-24-0276
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16356 Final Action Date: 7/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR
CONSIDERATION AT A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5,
2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND
SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT;
NOMINATION AND ELECTION" TO REQUIRE CONTINUOUS RESIDENCY
IMMEDIATELY PRECEDING QUALIFYING FOR THE OFFICES OF
COMMISSIONER AND MAYOR; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in
1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and
WHEREAS, the Charter has been amended from time to time as the governance of the
City has evolved; and
WHEREAS, Section 4 of the Charter currently provides that "Candidates for Mayor shall
be residents of the City for at least one (1) year prior to qualifying and shall be electors
therein. Further, candidates for the city commission shall have resided within the district at
least one (1) year before qualifying and be electors in that district, and shall maintain
residence in that district for the duration of their term of office."; and
WHEREAS, in City of Miami v. Gabela, 2023 WL 7319553 (Fla. 3d DCA Nov. 7, 2023),
for the first time, the Third District held, "The plain language of the City's district residency
requirement doesn't require continuous residency, or residency immediately preceding
qualification."; and
WHEREAS, the City Commission finds that it is in the best interest of the electorate to
amend the language of the Charter to require continuous residency immediately preceding
qualifying for the Offices of City Commissioner and Mayor; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended ("City Code"), the City Commission, by a majority vote, hereby deems this
Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 16356 (Revision:) Printed On: 8/12/2024
File ID: 16356 Enactment Number: R-24-0276
Section 2. The City Attorney is directed to prepare an amendment to the Charter, for
consideration at the special election to be held on November 5, 2024, proposing, upon approval
of the electorate, to amend Section 4 of the Charter, entitled "Form of Government; Nomination
and Election" to require continuous residency immediately preceding qualifying for the Offices of
City Commissioner and Mayor.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y tor -y 8/9/2024
City of Miami Page 2 of 2 File ID: 16356 (Revision:) Printed on: 8/12/2024