City of Miami v. Emilio Tomas Gonzalez

Summary

The Florida Third District Court of Appeal affirmed a final judgment declaring unconstitutional a City of Miami ordinance that moved municipal elections from odd-numbered to even-numbered years, effectively canceling the November 2025 election and extending certain officials’ terms. The court held that the ordinance effectively amended the City Charter and therefore required voter approval by referendum under the Miami-Dade County Home Rule Charter and the Florida Constitution. The court further concluded that the general-law statutes relied upon by the City were permissive and did not supersede the referendum requirement.

Holdings

1. An ordinance that changes the existing terms of a municipal charter is an amendment to that charter. Because the ordinance made it impossible to comply with the City Charter's election-date and term-limit provisions, it effectively amended or repealed those provisions.
2. The permissive general-law statutes relied upon by the City did not supersede the City's governing charters or the Florida Constitution. The statutes used the term "may" and did not require the City to change its election dates or extend terms in conflict with the charters.
3. The City may not enact an ordinance that effectively amends its Charter without submitting the issue to the electorate by referendum. The ordinance was unconstitutional because it violated the exclusive charter-amendment method established under the Miami-Dade County Home Rule Charter and authorized by the Florida Constitution.

Questions Presented

1. Whether the City's ordinance effectively amended or repealed provisions of the City Charter establishing municipal election dates and term limits.
2. Whether Florida general-law statutes authorizing municipalities to change election dates permitted the City to enact the ordinance without complying with the City and Miami-Dade County Charters.
3. Whether the Florida Constitution's Miami-Dade County Home Rule Amendment made referendum the exclusive method for amending the City Charter.

Disposition

affirmed