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Letter to K.Gonzalez re MD-ED 26 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov Office of the City Clerk Rafael E. Granada Tel: 305-673-7411 Fax: 786-394-4127 Email: RafaelGranado @miamibeachfl.gov April 1, 2013 VIA CERTIFIED MAIL #7005 1820 0000 1186 0768 Kristen Rosen Gonzalez 1324 Normandy Drive Miami Beach, Florida 33141 Dear Ms. Gonzalez: Pursuant to newly enacted Section 12-14.1 of the Code of Miami-Dade County, Florida, candidates running for municipal office, whose paid poll workers are engaged in absentee ballot activities must file the attached form MD-ED 26 to comply with Section 12-14.1 Absentee Ballot Campaigning Reporting Requirement. • Each campaign treasurer designated by a candidate for municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional report with the City Clerk (Form MD-ED 26). The report shall identify the names of all paid campaign workers, whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign or undertaking any other activities regarding absentee ballots. The report shall be filed on a form created by the Supervisor of Elections for such purpose (Form MD-ED 26). A copy of the form to be used for Miami Beach is attached hereto. The form has also been placed under the link entitled "Blank Forms For Candidates", located at: http://www.miamibeachfl.gov/citvclerk/elections/scrol1.aspx?id=31214#BlankForms No reporting or submittal of Form MD-ED 26 is required if no paid campaign workers participated in absentee ballot activities during the applicable reporting period. • Any candidate failing to file a report as required by Section 12-14.1 on the designated due date shall be subject to a fine of$50 per day for the first three (3) days and, thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate. Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived. • Candidates for municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami-Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to 1 any other civil or criminal penalties provided by law, shall be subject to the penalties provided in Section 2-11.1(bb) of the Code of Miami-Dade County. The MD-ED 26 form is due at the same time your Campaign Treasurer's Reports are due. The first MD-ED 26 form is due on April 10, 2013, along with your Q1-13 - First Quarter Campaign Treasurer's Report covering January 1, 2013 to March 31, 2013. As the Office of the City Clerk does not assign ID Numbers to candidates, you may leave that section of the MD-ED 26 form blank. If you have any questions, please feel free to contact me. Respectfully, afael E. Granado, Esq., City Clerk Enclosures: 1) Form MD-ED 26 2) Miami-Dade County Ordinance 13-05 and 3) Revised Important Dates and Deadlines. F:\CLER\CLER\000_ELECTION\0000_2013 General Election\CORRESPONDENCE\MD-ED 26 To Comply With Section 12-14.1 Absentee Ballot Req 2013 Letter To Ms.Gonzalez.Docx 2 101AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov Office of the City Clerk Rafael E. Granado Tel: 305-673-7411 Fax: 786-394-4127 Email: RafaelGranado @miamibeachfl.gov April 1, 2013 VIA CERTIFIED MAIL #7005 1820 0000 1186 0775 David Lincoln Siegel 5313 No. Bay Road Miami Beach, Florida 33140 Dear Ms. Siegel: Pursuant to newly enacted Section 12-14.1 of the Code of Miami-Dade County, Florida, candidates running for municipal office, whose paid poll workers are engaged in absentee ballot activities must file the attached form MD-ED 26 to comply with Section 12-14.1 Absentee Ballot Campaigning Reporting Requirement. 0 Each campaign treasurer designated by a candidate for municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional report with the City Clerk (Form MD-ED 26). The report shall identify the names of all paid campaign workers, whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign or undertaking any other activities regarding absentee ballots. The report shall be filed on a form created by the Supervisor of Elections for such purpose (Form MD-ED 26). A copy of the form to be used for Miami Beach is attached hereto. The form has also been placed under the link entitled "Blank Forms For Candidates", located at: http://www.miamibeachfl.4ov/cityclerk/elections/scrol1.aspx?id=31214#B Ian kForms No reporting or submittal of Form MD-ED 26 is required if no paid campaign workers participated in absentee ballot activities during the applicable reporting period. • Any candidate failing to file a report as required by Section 12-14.1 on the designated due date shall be subject to a fine of $50 per day for the first three (3) days and, thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate. Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived. • Candidates for municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami-Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to 1 any other civil or criminal penalties provided by law, shall be subject to the penalties provided in Section 2-11.1(bb) of the Code of Miami-Dade County. The MD-ED 26 form is due at the same time your Campaign Treasurer's Reports are due. The first MD-ED 26 form is due on April 10, 2013, along with your Q1-13 - First Quarter Campaign Treasurer's Report covering January 1, 2013 to March 31, 2013. As the Office of the City Clerk does not assign ID Numbers to candidates, you may leave that section of the MD-ED 26 form blank. If you have any questions, please feel free to contact me. Respectfully, IK- Rafael E. Granado, Esq., City Clerk Enclosures: 1) Form MD-ED 26 2) Miami-Dade County Ordinance 13-05 and 3) Revised Important Dates and Deadlines. F:\CLER\CLER\000_ELECTION\0000_2013 General Election\CORRESPONDENCE\MD-ED 26 To Comply With Section 12-14.1 Absentee Ballot Req 2013 Letter To Ms.Gonzalez.Docx 2