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2025 Op. Fla. Att'y Gen. [1] (2025)

handle is hein.sag/sagfl0115 and id is 1 raw text is: Movn th ae fMncplEetos absent voter approval Number: AG02025-01 Commissioner Miguel Angel Gabela City of Miami 3500 Pan American Drive Miami, FL 33133 Districti office@miamigov.com Dear Commissioner Gabela: As a Commissioner for the City of Miami who is concerned about whether an upcoming vote of the Commission would be inconsistent with the Florida Constitution, you submitted a letter to my office on June 5, 2025. In your letter and accompanying memorandum, you ask whether the Commission may pass a motion allowing municipal elections to move from odd-numbered to even-numbered years, in the absence of voter approval. You further ask whether the Commission may otherwise change the terms of office for elected officials, also without voter approval. Section 16.01(3), Florida Statutes (2024) provides me with discretion to consider and respond to inquiries from a local government officer, such as yourself, on any question of law relating to the official duties of the requesting officer. Background Given the City of Miami's status as a municipality within Miami-Dade County, longstanding, specific provisions of the Florida Constitution apply to your inquiries. Consistent with the Constitution's authority, both Miami-Dade County and the City of Miami enacted charters that govern certain matters and contain procedures. Florida Constitution Article Vill, section 6 of the Florida Constitution, which was last revised in 2018, refers to the County's Home Rule Charter. The provisions state, in part, as follows: Section 6. Schedule to Article Vill. -- a. This article shall replace all of Article Vill of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference. (e) CONSOLIDATION AND HOME RULE. Article Vill, Sections 9, 10, 11 and 24, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that coufJjnty shall expressly