C7C - Charter Review Ballot Questions

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1. CHARTER REVIEW - BILL OF RIGHTS A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER’S “CITIZENS’ BILL OF RIGHTS” SHOULD BE AMENDED TO EXPAND UPON ITS EXISTING RIGHTS AND TO INCORPORATE MIAMI-DADE COUNTY ETHICS COMMISSION’S POWERS TO ENFORCE AND IMPOSE PENALTIES (IN ADDITION TO EXISTING CIRCUIT COURT ENFORCEMENT).   2. CHARTER REVIEW - BILL OF RIGHTS-FORFEITURE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER’S “CITIZENS’ BILL OF RIGHTS” SHOULD BE AMENDED REGARDING ITS CIRCUIT COURT FORFEITURE REMEDY FOR WILLFUL VIOLATIONS OF BILL OF RIGHTS, TO PROVIDE THAT FORFEITURE IS SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS (PER STATE LAW) AND TO ESTABLISH SUCH FORFEITURE REMEDY AS DISCRETIONARY INSTEAD OF MANDATORY BASED UPON COURT’S DETERMINATION THAT THE VIOLATOR HAS COMMITTED REPEATED VIOLATIONS OF BILL OF RIGHTS. 3. CHARTER REVIEW - CHARTER 1.03 SALE/LEASE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE MAJORITY VOTER APPROVAL FOR ALL RIGHT-OF-WAY VACATIONS, SALES, AND LEASES (10 YEARS OR MORE) OF CITY PROPERTY; AMEND REQUIREMENTS FOR SALES/LEASES/VACATIONS; AND AMEND REQUIREMENTS FOR MANAGEMENT/CONCESSION AGREEMENTS OF 10 YEARS OR MORE. 4. CHARTER REVIEW - CHARTER 2.01 DATE OF ELECTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MOVE CITY’S RUNOFF ELECTION DATE FROM 2 WEEKS AFTER CITY’S GENERAL ELECTION TO SECOND TUESDAY IN DECEMBER IMMEDIATELY FOLLOWING CITY’S GENERAL ELECTION, ESTABLISH INSTALLATION/ COMMENCEMENT OF TERMS DATE AS MONDAY IMMEDIATELY FOLLOWING DATE OF RUNOFF ELECTION, AND IN ORDER TO CONFORM WITH AND ENSURE AN ORDERLY TRANSITION TO THE ABOVE CHARTER AMENDMENTS, PROVIDE THAT EXISTING COMMISSION MEMBERS’ TERMS EXPIRING NOVEMBER 2025 AND NOVEMBER 2027 SHALL BE RESPECTIVELY EXTENDED TO THOSE YEARS’ DECEMBER INSTALLATION DATE. 5. CHARTER REVIEW - CHARTER 2.05 PUBLIC HEARINGS AND ONLINE NOTICES A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 2.05 SHOULD BE AMENDED TO REQUIRE TWO PUBLIC HEARINGS INSTEAD OF ONE FOR PROPOSED CITY ORDINANCES (SUBJECT TO EXISTING EXCEPTIONS), AND TO AUTHORIZE THE CITY’S ALTERNATIVE OPTIONAL PUBLICATION OF NOTICE OF PROPOSED ORDINANCES ON A PUBLICLY ACCESSIBLE WEBSITE IN ACCORDANCE WITH CHAPTER 50, FLORIDA STATUTES, INSTEAD OF REQUIRING PUBLICATION OF SUCH NOTICES ONLY IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN CITY. 6. CHARTER REVIEW - CHARTER 2.07 VACANCIES A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 2.07, “VACANCIES IN CITY COMMISSION,” SHOULD BE AMENDED TO REQUIRE AN ELECTION TO FILL A VACANCY UNLESS THE CITY COMMISSION MAKES AN APPOINTMENT TO FILL THE VACANCY WITHIN 30 DAYS, PROVIDE THAT COMMISSION’S POWER TO APPOINT SHALL COMMENCE UPON VACANCY OR SUBMITTAL OF RESIGNATION (IF FILED) INSTEAD OF 30 DAYS LATER, REQUIRE APPOINTMENTS BY REMAINING COMMISSION MEMBERS BE APPROVED ON A SUPER-MAJORITY (MAJORITY PLUS 1) VOTE INSTEAD OF MAJORITY VOTE, AND CLARIFY ELECTION AND INSTALLATION DATES REGARDING VACANCIES DUE TO RESIGNATION. 7. CHARTER REVIEW – CONFORMING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2024 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER SHOULD BE AMENDED TO CLARIFY THE ONE-YEAR RESIDENCY REQUIREMENT TO QUALIFY FOR OFFICE AS “IMMEDIATELY” PRIOR TO QUALIFYING, CLARIFY FILING REQUIREMENTS FOR QUALIFYING BY PETITION (CHARTER SECTION 6.03); CLARIFY AND CONFORM TO FLORIDA LAW THE RESTRICTION ON QUALIFYING FOR MORE THAN 1 CITY OFFICE, REPLACE CERTAIN OBSOLETE REFERENCE TO “COMMISSIONER” WITH “COMMISSION MEMBER” (CHARTER SECTION 2.01); AND CONFORM CHARTER SECTION 1.07 TO INCLUDE ALL NONDISCRIMINATION CLASSIFICATION CATEGORIES IN CHAPTER 62 OF THE CITY CODE.

July 24, 2024

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