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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: Page 1 of 3Ordinance No. 2022-013-454 DocuSign Envelope ID: DEA17964-DAB1-4984-BAC2-40882B7EC790 ARTICLE V. - ELECTIONS ***************************************************************************************** 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. *************************************************************************************** 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. Page 2 of 3Ordinance No. 2022-013-454 DocuSign Envelope ID: DEA17964-DAB1-4984-BAC2-40882B7EC790 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 Page 3 of 3Ordinance No. 2022-013-454 DocuSign Envelope ID: DEA17964-DAB1-4984-BAC2-40882B7EC790