Can the Miami City Commission move municipal elections from odd to even years, or change officials' terms of office, without a vote of the electorate?

Plain-English summary

Florida Attorney General James Uthmeier ruled that the Miami City Commission cannot, by ordinance alone, move the city's elections from odd-numbered to even-numbered years or change the terms of office for elected officials. Because Miami is a municipality in Miami-Dade County, those changes require a vote of the electors under the County's Home Rule Charter.

The opinion was prompted by Miami Commissioner Miguel Gabela, who was concerned about an upcoming Commission vote that would have shifted election dates without sending the question to voters. The AG concluded that:

• The Florida Constitution of 1885 (preserved by reference in the current Constitution for Miami-Dade) gave the County exclusive authority to set the method by which its municipalities amend their charters.
• The County's Home Rule Charter (§ 6.03) requires a referendum vote of the city's electors for any charter amendment.
• General state laws like § 166.021 — which generally allow Florida cities to amend charters by ordinance — do not override the Miami-Dade-specific exclusive procedure.
• Miami's city charter sets the date of municipal elections (first Tuesday after the first Monday of November in odd-numbered years) and the four-year mayoral term. Both are charter provisions and can only be changed by referendum.

What this means for you

If you are a Miami City Commissioner or city official

You cannot move the dates of municipal elections, alter the length of mayoral or commissioner terms, or modify other charter provisions without first putting the change on the ballot for voter approval. If you want to consolidate municipal elections with statewide elections (a common goal for boosting turnout and saving costs), the path is:

1. The Commission adopts a resolution proposing the charter amendment, OR
2. Ten percent of qualified electors petition for the amendment, then
3. The Commission drafts the proposed amendment within 120 days, and
4. A special election is held between 60 and 120 days after submission of the draft.

If you are a city attorney advising a Miami-Dade municipality

Watch for two recurring traps:

• Don't conflate § 166.021 with the County Home Rule procedure. Section 166.021 is broadly enabling for most Florida cities, but the 1885 Constitution gave Miami-Dade the exclusive method, so the County's § 6.03 process governs all charter changes — even if a general state law would otherwise allow ordinance-only amendments.
• Distinguish charter provisions from ordinances. Miami integrated some former charter provisions as ordinances when it revised its charter (see § 50, Subpart C). Ordinances can be amended by Commission vote; charter provisions require referendum.

If you are a Miami voter

Election dates and the length of officials' terms cannot be changed behind your back. If the Commission tries to shift those by ordinance alone, that's not a valid amendment of the charter. You retain the right to vote on those changes via referendum, and a charter amendment that bypasses the referendum is, under this opinion, invalid.

If you are a county election official

You may receive proposed charter amendments from Miami-Dade municipalities for ballot placement under the procedure in § 6.03 of the County's Home Rule Charter. Amendments adopted only by city ordinance — without a referendum — should not be treated as effective charter changes.

If you advise municipalities outside Miami-Dade

This opinion is largely Miami-Dade-specific. The general rule for most Florida cities under § 166.021 is that charter changes proceed by ordinance with notice and hearing requirements, not mandatory referendum. The unique constitutional history of Miami-Dade is what drives the more restrictive result here.

Common questions

Q: Why is Miami-Dade treated differently from other Florida counties?
A: The 1885 Florida Constitution gave Miami-Dade (then "Dade County") special home-rule authority. Article VIII, § 11(1)(g) required Dade County to "provide a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter," and made that method "exclusive." The 1968 Constitution preserved this provision by reference. So Miami-Dade municipalities follow the County's Home Rule Charter procedure, not the general state statute.

Q: Doesn't general state law normally override conflicting county charters?
A: Yes — usually. Board of County Commissioners v. Wilson, 386 So. 2d 556 (Fla. 1980), held that general laws supersede the county's Home Rule Charter when they conflict. But this opinion distinguishes that rule for one narrow context: the method by which a municipality amends its charter. Because the 1885 Constitution made the county-prescribed method "exclusive" — and the current Constitution preserves that — no general law can substitute a different method.

Q: Can the City still pass ordinances without a referendum?
A: Absolutely. The Commission retains ordinance-making authority for most municipal matters. The constraint is narrow: amendments to the charter itself require referendum. Many City of Miami rules sit in the ordinance code, not the charter, and can be changed by Commission action.

Q: What about state laws moving local elections to even-numbered years?
A: A general state law that purported to force Miami to move its elections by city ordinance alone would conflict with § 11(1)(g)'s exclusive method. The opinion says such a law could not override the County Home Rule procedure. The path forward is the referendum.

Q: What if the change is purely procedural — like adjusting the runoff date?
A: If the change touches a provision that sits in the city's charter (Section 7 of Miami's charter sets the election date), it requires referendum. If the change touches an ordinance provision, the Commission can act by ordinance.

Background and statutory framework

The Florida Constitution of 1968 generally replaced the 1885 Constitution, but Article VIII, § 6(e) of the 1968 Constitution preserved certain provisions of the 1885 Constitution for Dade County (now Miami-Dade), including its unique home-rule structure. Article VIII, § 11(1)(g) of the 1885 Constitution required the County to establish "a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter" — and made that method "exclusive."

The County implemented this through § 6.03 of the Miami-Dade Home Rule Charter, which requires:

1. A municipal resolution or a petition signed by 10% of qualified electors,
2. Drafting of the proposed charter change within 120 days, and
3. Submission to the voters at a special election held between 60 and 120 days after the draft is submitted.

This procedure is exclusive — it cannot be supplanted by general state law, even § 166.021's broader enabling authority for Florida municipalities. The Third District Court of Appeal previously confirmed this in holding that the single-subject requirement of § 166.041(2) couldn't be "engrafted" onto the County's Home Rule procedure: "as the Home Rule Amendment makes the [procedure] exclusive, no limiting provisions may be engrafted on it."

Section 7 of the City of Miami's charter sets election dates and terms of office. Because those provisions are in the charter (not in an ordinance), they require referendum to change.

Citations and references

Statutes:
- § 16.01, Fla. Stat. (Attorney General duties)
- § 166.021, Fla. Stat. (Powers of municipalities)
- § 166.041, Fla. Stat. (Procedures for adoption of ordinances)
- Florida Constitution of 1885, Article VIII, § 11 (preserved by reference in 1968 Constitution Article VIII, § 6(e))

Cases:
- Board of County Commissioners v. Wilson, 386 So. 2d 556 (Fla. 1980) — general law supersedes Home Rule Charter
- Metro Dade County v. City of Miami — limits on county home rule conflict with state law

Charters:
- Miami-Dade County Home Rule Amendment and Charter, § 6.03 (procedure for amending municipal charters)
- City of Miami Charter, §§ 4, 7 (election dates and terms of office)

Original opinion text

Commissioner Miguel Angel Gabela
City of Miami
3500 Pan American Drive
Miami, FL 33133

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 VIII, 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 VIII. --
This article shall replace all of Article VIII 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 VIII, 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 county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said Article VIII, Section 11, of the Constitution of 1885, as amended.

This current section is unique in its reference to the Constitution of 1885 and in its application to Metropolitan Dade County, in particular. Article VIII, Section 11 of the 1885 Constitution provides, in part, as follows:

SECTION 11. Dade County, home rule charter.—(1) The electors of Dade County, Florida, are granted power to adopt, revise, and amend from time to time a home rule charter of government for Dade County, Florida, under which the Board of County Commissioners of Dade County shall be the governing body. This charter:

(g) Shall provide a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter. Upon adoption of this home rule charter by the electors this method shall be exclusive and the Legislature shall have no power to amend or repeal the charter of any municipal corporation in Dade County.

County Home Rule Charter and City of Miami Charter

Consistent with the Constitution's provision of authority to the County regarding establishing and overseeing municipalities within the County, the current Miami-Dade County Home Rule Amendment and Charter directs municipalities within the County to develop a method for considering charter amendments. The County's charter further provides that, except for changes to municipal boundaries, any municipality in the County may adopt, amend or revoke a charter for its own government, provided the municipality adheres to the process set forth in section 6.03.

The process by which a municipality may amend its charter requires, within 120 days of the municipality's adoption of a resolution or receipt of a petition of ten percent of qualified electors of the municipality, drafting by a method determined by municipal ordinance a proposed charter amendment, revocation or abolition and submitting such proposal at a special election between 60 days and 120 days of submission of the draft.

As for the City of Miami, its municipal charter sets forth specific election dates and lengths of term for the mayor and commissioners. Section 4 of the charter states the city commission maintains the authority to pass ordinances and adopt regulations and exercise all powers conferred upon the city except as provided in the charter. Section 4 goes on to state that the mayor shall be elected at large by the electors of the City and shall hold office for a term of four years.

Section 7 of the City's charter sets forth precise requirements for election of city commissioners and the mayor: it states a general municipal election for the mayor and city commissioners must be held the first Tuesday after the first Monday in November in odd-numbered years, unless the election is a runoff election. It further states, "[a]ll elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter."

Method of Amending a Charter Provision

Section 11(1)(g) of the Florida Constitution of 1885, as described above, required Dade County to "provide a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter." Section 11(1)(g) further provides, "this method shall be exclusive" upon its adoption. Dade County prescribed such a procedure by enacting section 6.03 of its Home Rule Charter, which unequivocally requires a proposed charter amendment, revocation, or abolition to be submitted to the electors of the municipalities.

The Third District Court of Appeal has addressed the defensibility and enforcement of certain procedural sections in the County's Home Rule Charter. The court has stated the single-subject requirement of section 166.041(2), Florida Statutes (1999), could not apply to amendments to charters of municipalities located in the county, stating, "as the Home Rule Amendment makes the [procedure of section 6.03 of the Home Rule Charter] exclusive, no limiting provisions may be engrafted on it."

The existing precedent of the Third District is consistent with other court opinions that acknowledge the unique nature of Miami-Dade County, due to the provisions in the Constitution of 1885. In Metro Dade County v. City of Miami, the Florida Supreme Court indicated the county's Home Rule Charter allowed the county to conflict with state law, but only to the extent that such conflict is in the areas "specifically authorized" in the charter.

General Law

General laws such as section 166.021, Florida Statutes (2024), and those in the Florida Election Code, codified at chapters 97-106, address amendments of election dates and terms. To the extent that such general laws contravene only the method that Miami-Dade County set forth for municipalities to amend their charters, such general laws must not apply. Permitting a general law to prevail over the narrow, express method that the County considered and expressly set forth for municipalities' amendments to charters would not only render the provisions of Section 6.03 of the county's charter meaningless, but it would also disregard the "exclusive" clause in section 11(1)(g) of the 1885 Florida Constitution.

It is well-settled in Florida that in almost every case, general laws will prevail over local governments' provisions. In Board of County Commissioners v. Wilson, 386 So. 2d 556, 561 (Fla. 1980), the Florida Supreme Court held that although Dade County was authorized to create a home rule charter, general laws enacted after the county's adoption of the charter would apply; as such, "it is the general law [that] supersedes the Home Rule Charter." Since then, courts have held that when a conflict exists between the county's charter and a general law of the state, general law prevails. In contrast, courts have also recognized that the Legislature lacks power to regulate or control municipalities in Dade County by special or local acts, as they are distinct from general law.

This instant opinion does not disrupt such precedent. Here, the question involves the method of a municipality amending its charter, rather than the substance of the amendment itself. To the extent that a party might regard section 166.021, Florida Statutes, as providing a means by which a municipality may amend its charter by way of simple adoption of an ordinance, this section conflicts with the Dade County Home Rule Charter. The charter specifies that the electors of municipalities must decide directly, by way of referenda, whether to amend their charters; in contrast, a decision in which the municipality's governing body alone purports to amend unilaterally the municipality's charter simply contradicts the county's charter. The fact that the result of the charter amendment might achieve a specific objective stated in a general law is of no consequence.

Conclusion

If the City of Miami is to amend its charter, either to move the date of municipal elections or to change the terms of office for elected officials, then the change may only proceed by a vote of the electors, as described in Article VI, section 6.03 of the County's Home Rule Charter. The "exclusive" language of the 1885 Constitution in section 11(1)(g) prohibits charter amendments from proceeding by any method other than the one prescribed in the Home Rule Charter. The electorate of the City of Miami, by way of the County's provisions in the County Charter, has a direct role in amending its charter; ignoring this procedure would render meaningless the applicable provisions of the 1885 Florida Constitution.

Sincerely,

James Uthmeier
Attorney General