Declaration & 1st Amendment WaiverDECLARATION AND FHtST AMENDMENT WAIVER` ~ (, ~ ~ ~! F (~
FOR CANDIDATES WHO AGREE TO COMPLY ~OCT 22 AM 10~ 44
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CITY CLEF2K'S OFFICE
Section 2-11.1(Dx2), of the Code of Miami-Dade County, Florida, provides that any
candidate for public office in Miami-Dade County may at any time voluntarily declare that he or
she agrees to abide by the Statement of Fair Campaign Practices and that he or she recognizes as
compulsory the jurisdiction of the Miami-Dade County Commission on Ethics and Public Trust
("Ethics Commission") (a) to decide whether said candidate has violated the Statement of Fair
Campaign Practices and, if so, (b) to impose the appropriate penalty, if any.
BEFORE AGREEING TO ABIDE BY THE VOLUNTARY FAIR CAMPAIGN
PRACTICES YOU SHOULD CAREFULLY READ THE VOLUNTARY STATEMENT
OF FAH2 CAMPAIGN PRACTICES WHICH IS INCLUDED IN THIS DECLARATION
AND FHtST AMENDMENT WAIVER FOR CANDIDATES WHO AGREE TO
COMPLY WITH THE VOLUNTARY FAHi CAMPAIGN PRACTICES
(HEREINAFTER "DECLARATION AND FHLST AMENDMENT WAIVER"), AS WELL
AS THE FOLLOWING INFORMATION. REGARDING YOUR RIGHTS. THE
STATEMENT OF FAIR CAMPAIGN PRACTICES IS VOLUNTARY. YOU ARE
UNDER NO OBLIGATION TO AGREE TO THE VOLUNTARY STATEMENT OF
FAIR CAMPAIGN PRACTICES. IF YOU DECIDE NOT TO AGREE TO THE
STATEMENT OF FAIR CAMPAIGN PRACTICES YOU MAY STILL RUN FOR
ELECTIVE OFFICE IN MIAMI-DARE COUNTY IF YOU ARE QUALIFIED. THERE
IS NO PENALTY IF YOU DECIDE NOT TO SIGN THE STATEMENT OF FAIR
CAMPAIGN PRACTICES.
)T YOU DECIDE TO AGREE TO THE VOLUNTARY STATEMENT OF FAHi
CAMPAIGN PRACTICES, YOU SHOULD I~IOW THAT YOU WII,L BE WAIVING
YOUR FIRST AMENDMENT RIGHT TO FREE SPEECH IN THAT CERTAIN
SPEECH PROHIBITED BY THE VOLUNTARY STATEMENT OF CAMPAIGN
PRACTICES IS PROTECTED BY THE FIRST AMENDMENT TO THE UNITED
STATES CONSTITUTION AND ARTICLE I, SECTION 4 OF THE FLORIDA
CONSTITUTION. PRIOR TO AGREEING TO COMPLY WITH THE VOLUNTARY
STATEMENT OF FAIR CAMPAIGN PRACTICES YOU SHOULD CONSIDER
CONSULTING AN ATTORNEY TO ENSURE THAT YOU UNDERSTAND THE
CONSEQUENCES OF SIGNING THE DECLARATION AND FIRST AMENDMENT
WAIVER TO ABIDE BY THE STATEMENT OF FAIR CAMPAIGN PRACTICES.
BEFORE SIGNING THIS DECLARATION AND FIRST AMENDMENT
WAIVER, YOU HAVE THE RIGHT TO REQUEST AND RECEIVE FROM THE
ETHICS COMMISSION AN ADVISORY OPIPIION AS TO WHETHER YOUR
PLANNED CAMPAIGN ACTIVITIES (E.G., CAMPAIGN ADVERTISEMENT OR
STATEMENT) ARE LH~LY TO VIOLATE THE STATEMENT OF FAIR CAMPAIGN
PRACTICES. IN THE EVENT THAT YOU SIGN THE DECLARATION AND FIRST
AMENDMENT WAIVER, YOU WILL CONTINUE TO HAVE THE RIGHT TO
REQUEST AND RECEIVE FROM THE ETHICS COMMISSION AN ADVISORY
OPINION REGARDING ANY FUTURE CAMPAIGN ACTIVITIES WHICH YOU MAY
BE CONSIDERING.
A DETERMINATION BY A CANDIDATE NOT TO EXECUTE THE
DECLARATION AND FIRST AMENDMENT WAIVER SHALL NOT BE CONSTRUED
BY MIAMI-DARE COUNTY OR THE ETHICS COMMISSION TO MEAN THAT THE
CANDIDATE IS UNETHICAL IN ANY WAY. FURTHER, A DETERMINATION BY A
CANDIDATE NOT TO EXECUTE THE DECLARATION AND FHtST AMENDMENT
WAIVER SHOULD NOT BE CONSTRUED BY ANY CANDIDATE OR ANY OTHER
PERSON OR ENTITY TO MEAN THAT THE CANDIDATE IS UNETHICAL IN ANY
WAY.
The Statement of Fair Campaign Practices states as follows:
VOLUNTARY STATEMENT OF FAIR CAMPAIGN PRACTICES
As a candidate for public office in Miami-Dade County, I believe that political issues can be
freely debated without appealing to racial, ethnic, religious, sexual or other prejudices. I
recognize that such negative appeals serve only to divide this community and create long-term
moral, social and economic problems.
Therefore
1. I shall not make my race, religion, national origin, gender, physical disability or sexual
orientation an issue in my campaign
2. I shall not make my opponents' race, religion, national origin, gender, physical disability
or sexual orientation an issue in my campaign.
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~, F ~ ~ ! V 3 i will condemn any appeal to Prejudice based on race~e~d,~nat~b~;ii9rigin, religion,
F (1 gender physical disability or sexual orientation
X009 OCT 3p Aft 4. I shall not without just cause attack or question m~Q9~~ p~Qii$lsl~L
~: ld (shall not publish, display or circulate airy anony c paign literature or political
;TTY CLrPtat'S OFtti advertisement. ~~ C~t.i<n S OFFICE
6. lIishall not tolerate my supporters engaging in these activities which I condemn nor shall I
accept their continued support if they engage in such activities. I will not pemtit any
member of my campaign organization to engage in these activities and will immediately
and publicly repudiate the support of any outer individual or group which resorts to the
methods and tactics I condemn.
7. I shall run a positive campaign emphasising my qualifications for office aad positions on
issues of public concern
8. I will limit my attacks on an opponent to legitimate challenges to that person's record,
qualifications, and positions.
9. I will neither use nor permit the use of malicious untruths or innuendoes about an
opponent's personal life, nor wilt I make or condone unfounded accusations discrediting
that person's credibility.
10. I will take personal responsibility for approving or disavowing the substance of attacks
on my opponent that may come from third parties supporting my candidacy.
11. I will nat use or permit the use of campaign material that falsifies, distorLS, or
misrepresents facts.
IIV THE EVENT YOU DECIDE TO AGREE TO THE VOLUNTARY
STATEMENT OF CAMPAIGN PRACTICES, THE COMPULSORY JURISDICTION
OF THE ETHICS COMMISSION AND WAIVE YOUR FIItST AMENDMENT RIGHTS,
YOU ARE REQUIRED TO SIGN THE FOLLOWING DECLARATION AND FIRST
AMENDMENT WAIVER
I' "'/~'~~~ _.~~~ `'~'' -" a candidate for the office of
cQ~ ~ ~-wiiiiiiaeruv ~r a to a e the Voluntary Fair Campaign Practices
as provided in section 2-11.1.1(Dx]), of the Code of Miami-Dade Cauaty, Florida, and
recognize as compulsory the jurisdiction of the Ethics Commission. I further agree that the
Ethics Commission will have the authority to decide whether I have violated the Statement of
Fair Campaign Practices and, if a violation is found, the Ethics Commission has the authority to
impose the appropriate penalty, if any, winch may include an admonition or public reprimand. i
recognize that I have the right before signing this Declaration and Waiver of First Amendment
Rights to consult my own legal counsel and to request and receive from the Ethics Commission
an advisory opinion as to whether my planned campaign activities ace likely to violate dte
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statement of fair campaign practices. I also recognize that after signing this agreement, I will
continue to have the right to request and receive from the•.Etltics Commission an advisory
opinion regarding any future campaign activities which I may be considering, I fiereby proclaim:
.,
(1) that my agreement to abide by the voluntary fair campaign practices is voluntary, knowing,
and intelligent; (2) that I have not been forced, pressured, or othernise coerced into making this
. .
agreement; and (3) that I am aware of its voluntary nature. T recognize that there is no penalty
for refusing to agree to abide by the voluntary fav campaign practices. I also recognize that in
signing this agreement, I will be forfeiting rights t6 which I would otherwise be entitled under
the First Amendment to the United States Constitution and Article I, section 4 of the Constitution
of the State of Florida
Once the Declaration and Waiver of First Amendment Rights is signed it is deemed irrevocable
for the duration of the campaign.
~1~ ~LifOfyJ~ s~ .
Date
PLEASE FILE A COPY OF THIS FORM WITH THE MIAMI-DARE COMMISSION ON
ETHICS AND PUBLIC TRUST AIVD THE MIAMI-DARE SUPERVISOR OF ELECTIONS.
Miami-Dade Commission on Ethics Miami-Dade Supervisor of Elections
and Public Trust, 2700 N.W. 87m Avenue
19 West Flagler Street, Suite 820 Donal, Florida 33I7~,
Miami, Florida 33130 •~ ti,
'. New P.O. Bort #: •,; '''
.{ - P.O. BqM 52150 ~ : ~ '
` , iVtiami3 Florida 33172 •
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For further infor~ation contact Miami-Dade Eleptior~s
8400 -~
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p~'tinent, Public Servides aC305-499-
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