Miami Beach approves changes to city charter. Votes on homeless tax didn’t count

Miami Beach voters approved seven ballot questions to revise the city charter Tuesday, including an expansion of a Citizens Bill of Rights, more stringent requirements for the sale or lease of public land, and a change in the city’s runoff election date.

But those results will likely be overshadowed by a referendum on a 1% food-and-beverage tax for homeless services, for which results won’t count because of an 11th-hour decision last week by the Miami Beach City Commission.

A group of voters sued the city seeking to keep the referendum intact, but a judge sided with the city. Notices were then placed inside each voting booth in Miami Beach, informing voters that any votes on the ballot question wouldn’t count.

The results of votes cast on the question, which still appeared on the ballot, were not included on the Miami-Dade Elections Department’s results page Tuesday night.

Each of the ballot questions regarding charter revisions required a simple majority to pass. All seven items passed by a wide margin based on preliminary results.

Here is a summary of the seven measures that voters approved.

REFERENDUM 1: This measure expands the rights of residents under the city’s Citizens Bill of Rights. It allows those who feel the Bill of Rights has been violated to seek enforcement through the Miami-Dade Commission on Ethics and Public Trust rather than filing a lawsuit, which is currently the only option. It also expands rights to public records and restrict “unreasonable” postponements of pending matters before the city.

REFERENDUM 2: This item removes a mandatory requirement for courts to consider removing elected officials or city employees from their positions for violating the Citizens Bill of Rights, saying a judge should first take into account whether the person has committed “repeated violations.” It also clarifies that removals from office should be subject to any collective bargaining agreement that applies to the official in question.

REFERENDUM 3: This referendum requires majority voter approval for the city’s sale or lease of public property for 10 years or more and for the vacating of public rights of way. It also requires competitive bidding for such sales or leases and a six-sevenths vote of the City Commission to approve management or concession agreements of 10 years or more.

REFERENDUM 4: This measure increases the amount of time between the general election and runoff election in Miami Beach. Currently, runoff dates are two weeks after the November election. Runoffs will now take place about five weeks after the general election, on the second Tuesday of December.

REFERENDUM 5: This item has two prongs related to public hearings. The first requires two public hearings instead of one for most city ordinances, except in “emergency” situations. The second allows the city to publish notices of proposed ordinances on a publicly accessible website rather than in a newspaper.

REFERENDUM 6: This question requires an election to fill vacancies on the City Commission if commissioners don’t appoint someone within 30 days of the vacancy. It requires a supermajority vote for such appointments.

REFERENDUM 7: This is a “housekeeping” measure, according to city officials, that makes several tweaks to charter language. One change will specify that candidates for office need to have lived in Miami Beach for at least one year “immediately” prior to qualifying.

READ MORE: Miami Beach officials rescind ballot question on homeless tax. Votes on it won’t count

This story was originally published November 5, 2024 at 7:59 PM.