RE.10 - Submit Charter Amendment to Voters
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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"); AMENDING SECTION 12, ENTITLED "FILLING VACANCIES FOR MAYOR AND CITY COMMISSION," TO REMOVE THE OPTION TO FILL A VACANCY BY APPOINTMENT ON THE CITY COMMISSION OR IN THE OFFICE OF MAYOR AND REQUIRE THAT A VACANCY SHALL ONLY BE FILLED THROUGH THE PROCESS OF AN ELECTION; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 3, 2026; 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, FLOR...
July 9, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
INDEFINITELY DEFERRED
Motion to: Indefinitely Defer
Mover: Rolando Escalona, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Department: Commissioners and Mayor
Category: Elected Official Item
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 12 of the Charter states, “a vacancy on the City Commission or in the Office of the Mayor . . . shall be filled within ten days after such vacancy occurs by the majority of the remaining City Commissioners”; and
WHEREAS, Section 12 of the Charter also states, “\[t\]he person appointed must meet the qualifications of the office as required in section 4 of this Charter”; and
WHEREAS, additionally, Section 12 of the Charter states, “if the remaining City Commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the City Commission shall call a special election to fill the vacancy . . . .”; and
WHEREAS, the City Commission believes a proposed amendment to Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of holding an election, is in the best interest of the residents of the City; and
WHEREAS, the proposed amendment to Section 12 of the Charter shall become effective upon being approved by the electorate at the Referendum Special Election to be held concurrently with the General Election scheduled for November 3, 2026; and
WHEREAS, pursuant to Resolution No. R-\_\_-\_\_\_\_, adopted on July \_\_, 2026, the City Attorney was directed to draft a proposed Charter amendment to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election; and
WHEREAS, the City Commission wishes to submit the above-mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the General Election scheduled for November 3, 2026;
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 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 3, 2026, 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 remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
Section 3. Section 12 of the Charter is proposed to be amended in the following particulars:
" CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
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Sec. 12.Filling vacancies for mayor and commission.
(a)A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture, suspension, removal, or other action or causes shall be filled by special election. In the event the special election would occur within the required deadlines of an already scheduled election, then the special election to fill the vacancy will be held concurrently with the already scheduled election. The special election shall be called within 30 days after the vacancy occurs and shall be held within 120 days after the 30-day period. The qualification period for such special election shall be the first 5 days (not including Saturday, Sunday, or legal holidays) after the call of the special election.within ten days after such vacancy occurs by a majority of the remaining city commissioners. The person appointed must meet the qualifications of the office as required in section 4 of this Charter. The term of office of the person so appointed, except in the circumstances detailed in section (c) below, shall be until the successor in office is elected and qualified at whichever of the following occurs first:
(1)the odd-year general municipal election for mayor and city commissioners held pursuant to section 4 of the Charter, or
(2)the even-year State of Florida general election, at which election national, state and county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter. and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the remainder of the unexpired term of that office.
(b)If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight or more than forty-five days after the expiration of the ten-day period and the five day qualifying period. The qualifying period for such special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before the date of the election and tThe procedure for the election not otherwise provided for in this section shall be as provided in section 7 of this Charter. Except in the circumstances detailed in section (cb), effective November 7, 2017, the person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy for the remainder of the unexpired term of that office and shall hold office from twelve o’clock noon on the day after the canvass of the vote by the supervisor of elections and the declaration of the result of said special election.
(cb)If a vacancy in any elected office is caused by forfeiture, suspension, or removal, the vacancy shall be filled in the same manner as described in sections (a) and (b) above, provided that if the elected official who has so vacated his or her seat is later absolved of the allegations of wrong-doing, that elected official shall be entitled to resume his or her elected position for the remainder of the unexpired term, if any. The term of the individual who assumed the position previously vacated by that elected official shall automatically terminate upon the restoration to office of the original seat-holder.
(dc)If the city commissioners shall fail to comply with their duties as set forth in this section, then, and in that event, the court is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill such vacancy or vacancies on the city commission or in the office of mayor.”
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Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit “A” or as may be designated by the Supervisor of Elections for Miami-Dade County, Florida, in conformity with theprovisions of the general laws of the State of Florida ("State"). The Precinct ElectionClerks and Inspectors to serve at said polling places on said Referendum SpecialElection date shall be those designated by theSupervisor of Elections for Miami-Dade County, Florida, for suchpurpose in accordance with the general laws of the State. Adescription of the registration books and records which pertain to Referendum SpecialElection precincts wholly or partly within the City and which theCity is adopting and desires to use for holding such Referendum SpecialElection is all voter information cards, registration books,records and certificates pertaining to electors of the Cityand established and maintained as official by the Supervisorof Elections for Miami-Dade County, Florida, in conformity with theprovisions of the general laws of the State, are hereby adoptedand declared to be, and shall hereafter be recognized and acceptedas, official registration cards, books, records and certificates ofthe City.
Section 5. In compliance with Section 100.342, Florida Statutes, regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami-Dade County’s website as provided in Section 50.0311, Florida Statutes, the City’s website, or the Supervisor of Elections for Miami-Dade County, Florida website. 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, 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 3, 2026
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. \_\_-\_\_\_\_\_
A Referendum Special Election will be held on Tuesday, November 3, 2026, 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 Supervisor of Elections for Miami-Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question:
SHALL THE CITY OF MIAMI CHARTER BE AMENDED TO REMOVE THE OPTION TO FILL A VACANCY BY APPOINTMENT ON THE CITY COMMISSION OR IN THE OFFICE OF MAYOR AND REQUIRE THAT A VACANCY SHALL ONLY BE FILLED THROUGH THE PROCESS OF AN ELECTION?
This Charter Amendment will amend Section 12 of the Charter of the City of Miami, Florida, as amended, to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
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, for approval or disapproval:
Official Ballot
Referendum Special Election
November 3, 2026
Miami, Florida
\-\-\---------------------------------------------------------------
Charter Amendment to Eliminate City Commission’s Authority to Fill a Vacancy by Appointment
\-\-\---------------------------------------------------------------
Shall the City of Miami Charter be amended to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election?
YES
NO
Section 7. The form of the ballot shall be in accordance with 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 frame 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 frame 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 of Elections for Miami-Dade County, Florida is hereby 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 said Supervisor of Elections 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 to be held concurrently with the General Election on November 3, 2026 and who have not registered under the provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Florida, as amended, 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 Office of the Supervisor of Elections for Miami-Dade County located at 2700 Northwest 87th Avenue, Doral, Florida within such period of time as may be designated by the Supervisor of Elections of Miami-Dade County, Florida. 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 purpose of voting in the herein described Referendum SpecialElection during such times and on such dates as may be designated by the Supervisor of Elections for Miami-Dade County, Florida.
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 of Elections of Miami-Dade County, Florida related to matters pertaining to use of the registration books and holding of said Referendum Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami-Dade County, Florida 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.
WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and
WHEREAS, Section 12 of the Charter states, “a vacancy on the City Commission or in the Office of the Mayor . . . shall be filled within ten days after such vacancy occurs by the majority of the remaining City Commissioners”; and
WHEREAS, Section 12 of the Charter also states, “\[t\]he person appointed must meet the qualifications of the office as required in section 4 of this Charter”; and
WHEREAS, additionally, Section 12 of the Charter states, “if the remaining City Commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the City Commission shall call a special election to fill the vacancy . . . .”; and
WHEREAS, the City Commission believes a proposed amendment to Section 12 of the Charter to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of holding an election, is in the best interest of the residents of the City; and
WHEREAS, the proposed amendment to Section 12 of the Charter shall become effective upon being approved by the electorate at the Referendum Special Election to be held concurrently with the General Election scheduled for November 3, 2026; and
WHEREAS, pursuant to Resolution No. R-\_\_-\_\_\_\_, adopted on July \_\_, 2026, the City Attorney was directed to draft a proposed Charter amendment to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election; and
WHEREAS, the City Commission wishes to submit the above-mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the General Election scheduled for November 3, 2026;
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 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 3, 2026, 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 remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
Section 3. Section 12 of the Charter is proposed to be amended in the following particulars:
" CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
\*\*\*
Sec. 12.Filling vacancies for mayor and commission.
(a)A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture, suspension, removal, or other action or causes shall be filled by special election. In the event the special election would occur within the required deadlines of an already scheduled election, then the special election to fill the vacancy will be held concurrently with the already scheduled election. The special election shall be called within 30 days after the vacancy occurs and shall be held within 120 days after the 30-day period. The qualification period for such special election shall be the first 5 days (not including Saturday, Sunday, or legal holidays) after the call of the special election.within ten days after such vacancy occurs by a majority of the remaining city commissioners. The person appointed must meet the qualifications of the office as required in section 4 of this Charter. The term of office of the person so appointed, except in the circumstances detailed in section (c) below, shall be until the successor in office is elected and qualified at whichever of the following occurs first:
(1)the odd-year general municipal election for mayor and city commissioners held pursuant to section 4 of the Charter, or
(2)the even-year State of Florida general election, at which election national, state and county offices are filled,
The candidates for such election shall be qualified as provided in section 4 of this Charter. and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the remainder of the unexpired term of that office.
(b)If the remaining city commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight or more than forty-five days after the expiration of the ten-day period and the five day qualifying period. The qualifying period for such special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth day before the date of the election and tThe procedure for the election not otherwise provided for in this section shall be as provided in section 7 of this Charter. Except in the circumstances detailed in section (cb), effective November 7, 2017, the person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy for the remainder of the unexpired term of that office and shall hold office from twelve o’clock noon on the day after the canvass of the vote by the supervisor of elections and the declaration of the result of said special election.
(cb)If a vacancy in any elected office is caused by forfeiture, suspension, or removal, the vacancy shall be filled in the same manner as described in sections (a) and (b) above, provided that if the elected official who has so vacated his or her seat is later absolved of the allegations of wrong-doing, that elected official shall be entitled to resume his or her elected position for the remainder of the unexpired term, if any. The term of the individual who assumed the position previously vacated by that elected official shall automatically terminate upon the restoration to office of the original seat-holder.
(dc)If the city commissioners shall fail to comply with their duties as set forth in this section, then, and in that event, the court is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill such vacancy or vacancies on the city commission or in the office of mayor.”
\*\*\*
Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit “A” or as may be designated by the Supervisor of Elections for Miami-Dade County, Florida, in conformity with theprovisions of the general laws of the State of Florida ("State"). The Precinct ElectionClerks and Inspectors to serve at said polling places on said Referendum SpecialElection date shall be those designated by theSupervisor of Elections for Miami-Dade County, Florida, for suchpurpose in accordance with the general laws of the State. Adescription of the registration books and records which pertain to Referendum SpecialElection precincts wholly or partly within the City and which theCity is adopting and desires to use for holding such Referendum SpecialElection is all voter information cards, registration books,records and certificates pertaining to electors of the Cityand established and maintained as official by the Supervisorof Elections for Miami-Dade County, Florida, in conformity with theprovisions of the general laws of the State, are hereby adoptedand declared to be, and shall hereafter be recognized and acceptedas, official registration cards, books, records and certificates ofthe City.
Section 5. In compliance with Section 100.342, Florida Statutes, regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami-Dade County’s website as provided in Section 50.0311, Florida Statutes, the City’s website, or the Supervisor of Elections for Miami-Dade County, Florida website. 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, 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 3, 2026
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. \_\_-\_\_\_\_\_
A Referendum Special Election will be held on Tuesday, November 3, 2026, 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 Supervisor of Elections for Miami-Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following question:
SHALL THE CITY OF MIAMI CHARTER BE AMENDED TO REMOVE THE OPTION TO FILL A VACANCY BY APPOINTMENT ON THE CITY COMMISSION OR IN THE OFFICE OF MAYOR AND REQUIRE THAT A VACANCY SHALL ONLY BE FILLED THROUGH THE PROCESS OF AN ELECTION?
This Charter Amendment will amend Section 12 of the Charter of the City of Miami, Florida, as amended, to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election.
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, for approval or disapproval:
Official Ballot
Referendum Special Election
November 3, 2026
Miami, Florida
\-\-\---------------------------------------------------------------
Charter Amendment to Eliminate City Commission’s Authority to Fill a Vacancy by Appointment
\-\-\---------------------------------------------------------------
Shall the City of Miami Charter be amended to remove the option to fill a vacancy by appointment on the City Commission or in the Office of Mayor and require that a vacancy shall only be filled through the process of an election?
YES
NO
Section 7. The form of the ballot shall be in accordance with 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 frame 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 frame 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 of Elections for Miami-Dade County, Florida is hereby 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 said Supervisor of Elections 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 to be held concurrently with the General Election on November 3, 2026 and who have not registered under the provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Florida, as amended, 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 Office of the Supervisor of Elections for Miami-Dade County located at 2700 Northwest 87th Avenue, Doral, Florida within such period of time as may be designated by the Supervisor of Elections of Miami-Dade County, Florida. 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 purpose of voting in the herein described Referendum SpecialElection during such times and on such dates as may be designated by the Supervisor of Elections for Miami-Dade County, Florida.
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 of Elections of Miami-Dade County, Florida related to matters pertaining to use of the registration books and holding of said Referendum Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami-Dade County, Florida 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.