HomeMy WebLinkAbout2022-013-454_-_Electronic_Campaign_Reports_-_Adopted_-_PdfORDINANCE NO. 2022-013-454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS,FLORIDA, AMENDING CHAPTER 2
“ADMINISTRATION”, ARTICLE V- “ELECTIONS” OF THE CODE
OF ORDINANCES TO PROVIDE FOR ELECTRONIC CAMPAIGN
REPORTS;PROVIDING FOR ADOPTION OF
REPRESENTATIONS;REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida has enacted legislation that requires all candidates
for state office to file their campaign treasurer reports electronically with the Department
of State, and
WHEREAS, Miami-Dade County also requires all candidates for County office to
file their campaign treasurer reports electronically with the Supervisor of Elections in
Miami-Dade County, and
WHEREAS, City of Miami Gardens remains committed to the use and
implementation of technology and certain platforms to improve government efficiency and
thus seeks to implement a mandatory electronic filing system for campaign treasure
reports, and
WHEREAS, pursuant to Section 106.07(2)(a)(2), Florida Statutes, the City has the
authority to impose electronic filing requirements of campaign finance reports by each
person, candidate, political committee, electioneering communications organization or
other individual or organization required to file such reports pursuant to Chapter 106,
Florida Statutes, so long as the requirements are not in conflict with Section 106.0705,
Florida Statues.
WHEREAS, the City Clerk is recommending that the City amend its Chapter 2
“Administration”, Article V- “Elections” of the Code of Ordinances for the City of Miami
Gardens to implement a mandatory electronic filing system for campaign treasure reports
as outlined herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 2 “Administration”, Article V- “Elections” of
Code of Ordinances is hereby amended as follows:
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ARTICLE V. - ELECTIONS
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Sec. 2-480. Penalties. Campaign Finance Reports.
Unless otherwise stated herein, every person who is convicted of a violation of this division
shall be punishable by fine not to exceed $500.00 or by imprisonment for a term not to
exceed 60 days or by both, for each violation.
(a)Electronic Reporting.
Candidates for the Office of Mayor or City Council and any other entity required
to file Campaign Reports pursuant to Section 106.07 (2)(a)(2), Florida Statutes, shall
file their Campaign Treasurer’s Reports electronically with the City Clerk. The City
Clerk shall determine the required format for the Campaign Treasurer’s Reports and
shall provide copies of the form upon request. For purposes of this Section,
“Campaign Treasurer’s Reports” or “Reports” shall mean the reports required of the
campaign treasurers or candidates pursuant to Section 106.07, Florida Statutes, as
may be amended from time to time. Reports filed pursuant to this section shall be
completed and filed through the electronic filing system not later than midnight of the
day designated. Reports not filed by midnight of the day designated are late filed and
subject to the penalties below, and all other applicable penalties, as otherwise
provided by law.
(b)Technical Assistance
The City Clerk shall provide technical assistance to candidates and entities
regarding the electronic filing requirements herein.
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Sec. 2-482. – Penalties
Any person or entity that fails to comply with the requirement of this Ordinance and
applicable State statutes shall be subject to the penalties established by Section
106.07(8), Florida Statutes, as amended.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7. EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
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PASSED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING ON SEPTEMBER 14, 2022.
PASSED ON SECOND READING BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING ON SEPTEMBER 28, 2022
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 28, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MARIO BATAILLE, CMC, CITY CLERK
Moved by: Councilman Stephens
Seconded by: Vice Mayor Leon
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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