HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16356
Date: 07/11/2024
Commission Meeting Date: 07/11/2024
Requesting Department: City Commission
Sponsored By: Christine King
District Impacted:
Type: Resolution
Subject: Direct City Attorney to Prepare a Charter Amendment Question Regarding
Residency Requirement
Purpose of Item:
<Insert Purpose of Item Here>
Background of Item:
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Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Reviewed B
Nicole Ewan
Valentin J Alvarez
Marie Gouin
John Greco
George K. Wysong III
City Clerk's Office
Meeting
Legislative Division Review
Budget Review
ACA Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
07/11/2024 9:00 AM
07/17/2024 11:28 AM
07/17/2024 12:34 PM
08/09/2024 10:40 AM
08/09/2024 11:25 AM
08/09/2024 4:30 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0276
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.
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.
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:
ng III, C y ttor -y 8/9/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.