Florida Attorney General James Uthmeier warned Miami Mayor Francis Suarez and the city’s commissioners that a proposed ordinance to change the city’s election dates or extend terms of office without a public vote would violate the state constitution and Miami-Dade County’s charter.
Florida constitution and county charter at issue
In a June 25 letter addressed to Suarez and the City Commission, Uthmeier said the legal opinion issued by the City Attorney’s Office, which suggested the commission could make the changes without voter approval, conflicts with the requirements of both the Miami-Dade County Home Rule Charter and constitutional provisions carried forward from the 1885 Florida Constitution.
“The State will not tolerate such an unconstitutional deviation,” Uthmeier wrote.
Attorney general rejects legal basis cited by city
Uthmeier rejected the city’s reliance on the trial court decision Medina v. City of North Miami, stating the ruling lacked precedential and persuasive authority, particularly because it did not address Miami-Dade’s unique constitutional status.
Warning of legal consequences
The letter emphasized that the Miami-Dade County Charter requires voter approval for any changes to municipal election dates or term lengths and asserted that no legislative statute could override that requirement.
Uthmeier warned that proceeding without a public vote would be unconstitutional and reserved the right to take legal action if the ordinance moves forward.
“The citizens of Miami deserve and are entitled to the right to make this decision, directly,” Uthmeier wrote.
