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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17917 Final Action Date: 7/24/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 4(B) OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," TO REQUIRE THAT CANDIDATES FOR MAYOR AND CITY COMMISSION MAY VOLUNTARILY SUBMIT TO AND VOLUNTARILY DISCLOSE PUBLICLY THE RESULTS OF A DRUG TEST WITHIN TWO (2) WEEKS AFTER QUALIFYING; FURTHER PROVIDING THAT CANDIDATES ELECTED TO THE OFFICE OF THE MAYOR OR AS A CITY COMMISSIONER MAY VOLUNTARILY SUBMIT TO AND VOLUNTARILY DISCLOSE PUBLICLY THE RESULTS OF A DRUG TEST WITHIN TWO (2) WEEKS AFTER THE CANVASS OF THE VOTE BY THE SUPERVISOR OF ELECTIONS AND THE DECLARATION OF THE RESULT OF EITHER THE GENERAL MUNICIPAL ELECTION OR RUNOFF ELECTION, OR A SPECIAL ELECTION; FURTHER PROVIDING THAT CURRENT ELECTED OFFICIALS MAY VOLUNTARILY SUBMIT TO AND VOLUNTARILY DISCLOSE PUBLICLY THE RESULTS OF A DRUG TEST WITHIN TWO (2) WEEKS OF THE ADOPTION OF THIS AMENDMENT; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR NOVEMBER 4, 2025; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Joe Carollo 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, on July 24, 2025, by its adoption of Resolution No. 25- , the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and City of Miami Page 1 of 6 File ID: 17917 (Revision:) Printed On: 8/12/2025 File ID: 17917 Enactment Number: WHEREAS, the City Commission finds that it is in the best interest of the electorate to amend the language of the Charter to provide that candidates for Mayor and City Commission may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks after qualifying; further providing that candidates elected to the Office of the Mayor or as a City Commissioner may voluntarily submit to and voluntarily publicly disclose the results of a drug test within two (2) weeks after the canvass of the vote by the supervisor of elections and the declaration of the result of either the general municipal election or runoff election, or a special election; further providing that current elected officials may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks of the adoption of this amendment; and WHEREAS, the City Commission wishes to submit the proposed amendment to the Charter to the electorate for approval or disapproval at the Referendum Special Election to be held on November 4, 2025; 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. In accordance with the provisions of the Charter, Section 6.03 of the Miami - Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on November 4, 2025, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment to amend the language of the Charter to require continuous residency immediately preceding qualifying for candidates running for the Offices of Mayor and City Commissioner as stated herein. Section 3. Section 4(b) of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 4. Form of government; nomination and election. (c) Election of mayor and city commission; terms of office; recall. There shall be elected by the qualified electors of the city at large a mayor who shall be a qualified elector residing within the city at least one (1) year before qualifying as provided in subsection (c) of this section of the Charter and must maintain a residence in the city for the duration of his or her term. The mayor shall not serve as a member of the city commission. 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 unchanged material. City of Miami Page 2 of 6 File ID: 17917 (Revision:) Printed on: 8/12/2025 File ID: 17917 Enactment Number: The city commission shall consist of five members who shall be elected from districts within the city, numbered 1 through 5. All persons desiring to run for the office of city commissioner shall file in the district, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section of the Charter. City commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 2001 and at the general municipal election or runoff election each four years thereafter. City commissioners in districts numbered 1, 2, and 4 shall be elected at the general municipal election or runoff election to be held in the year 2003 and at the general municipal election or runoff election each four years thereafter. The mayor shall be elected at large by the electors of the city and shall hold office for a term of four years. The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days after the canvass of the vote by the supervisor of elections and the declaration of the result of either 1) the general municipal election or 2) runoff election and until their successors are elected and qualified. Commencing with the election to be held in November 2001, and all elections subsequent thereto, no mayor or city commissioner elected and qualified for two consecutive full terms shall be eligible for reelection in the next succeeding term. The mayor and all other members of the city commission shall be subject to recall. Vacancies shall be filled as provided in section 12[.] of the. If a candidate for office of mayor or city commissioner receives a majority of votes in the general municipal election for that office, the candidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as provided. If no candidate receives a majority of the votes for that office, the two candidates for the respective office who received the greatest number of votes for that office in the general municipal election shall be placed on the ballot at the runoff election. The candidate receiving the greatest number of votes in the runoff election, shall be considered elected to the office for which the candidate has qualified. A candidate for Mayor and City Commission may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks after qualifying. Candidates elected to the Office of the Mayor or as a City Commissioner may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks after the canvass of the vote by the supervisor of elections and the declaration of the result of either the general municipal election or runoff election, or a special election. Elected officials currently in office as of November 4, 2025, may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks of November 4, 2025. co* * *" Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on Exhibit "A," attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("Supervisor") in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electors of the City and established and maintained as official by the Supervisor in conformity with the laws of the City of Miami Page 3 of 6 File ID: 17917 (Revision:) Printed on: 8/12/2025 File ID: 17917 Enactment Number: State are adopted and declared to be and shall hereafter be recognized and accepted as official voter information cards, registration books, records, and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2024), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 4, 2025 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-25- A Referendum Special Election will be held on November 4, 2025 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections for Miami -Dade County, Florida as set forth herein unless otherwise provided by law for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Section 4(b) of the Charter be amended to provide that candidates for Mayor or City Commission may voluntarily submit to and voluntarily disclose the results of a drug test upon qualifying, that candidates elected as Mayor or City Commissioner may voluntarily submit to and voluntarily disclose the results of a drug test, and further provide that current elected officials may voluntarily submit to and voluntarily publicly disclose the results of a drug test?" This Charter Amendment will amend Section 4(b) of the City Charter to provide that candidates for Mayor and City Commission may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks after qualifying; further providing that candidates elected to the Office of the Mayor or as a City Commissioner may voluntarily submit to and voluntarily disclose publicly the results of a drug test within two (2) weeks after the canvass of the vote by the supervisor of elections and the declaration of the result of either the general municipal election or runoff election, or a special election; further providing that current elected officials may voluntarily submit to and voluntarily publicly disclose the results of a drug test within two (2) weeks of the adoption of this amendment. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form: City of Miami Page 4 of 6 File ID: 17917 (Revision:) Printed on: 8/12/2025 File ID: 17917 Enactment Number: "Official Ballot" Referendum Special Election November 4, 2025 Charter Amendment for Voluntary Drug Tests and Disclosure of Results for Candidates and Elected Officials "Shall Section 4(b) of the Charter be amended to provide that candidates for Mayor or City Commission may voluntarily submit to and voluntarily disclose the results of a drug test upon qualifying, that candidates elected as Mayor or City Commissioner may voluntarily submit to and voluntarily disclose the results of a drug test, and further provide that current elected officials may voluntarily submit to and voluntarily publicly disclose the results of a drug test?" YES NO Section 7. The form of the ballot shall be in accordance with the requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum Special Election and the Supervisor is requested, authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of the Supervisor and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on November 4, 2025, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the City Code or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Supervisor of Elections located at 2700 Northwest 87th Avenue, Miami, Florida within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the City of Miami Page 5 of 6 File ID: 17917 (Revision:) Printed on: 8/12/2025 File ID: 17917 Enactment Number: purpose of registration in order to vote in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 6 of 6 File ID: 17917 (Revision:) Printed on: 8/12/2025