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2015 City of Miami Beach Candidate Handbook City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 OFFICE OF THE CITY CLERK Rafael E. Granado, City Clerk Telephone: 305.673.7411 Email: RafaelGranado@miamibeachfl.gov TO: Prospective Candidates for Mayor or Commissioner FROM: Rafael E. Granado, City Clerk SUBJECT: 2015 City Of Miami Beach Candidate Handbook Thank you for your interest in becoming a candidate for the November 3, 2015 City of Miami Beach General Election. Enclosed you will find information and materials needed to answer most of your questions. As a candidate for public office, it is imperative that you and your campaign staff abide with all applicable Florida Statutes and Miami Beach Ordinances. In order to assist prospective candidates in complying with local and state election laws, we have created this handbook with useful information and forms. I strongly suggest that you familiarize yourself with Chapter 106 of the Florida Statutes, entitled “Campaign Financing;” Sections 2-487 through 2-490 of the Miami Beach City Code, entitled “Campaign Finance Reforms;” Sections 6.01 through 6.04 of Article VI of the Miami Beach City Charter, entitled “Elections;” and Sections 138-131 through 138-140 of the Miami Beach City Code, entitled “Temporary Signs” before commencing your campaign. You are also being provided with a Candidate and Campaign Treasurer Handbook, dated November 2013 (latest version available), and a Compilation of the Election Laws of the State of Florida, dated September 2014 (latest version available), which includes Chapter 106 of the Florida Statutes. Changes to the Florida Statutes made subsequent to September 2014, if any, will be reflected online at http://www.leg.state.fl.us/Statutes/index.cfm While we attempt to provide accurate information, candidates are legally responsible to ensure that their actions comply with all applicable laws and regulations. For ease of use, all the forms included in this handbook are also available online at: http://web.miamibeachfl.gov/cityclerk/elections/scroll.aspx?id=31214#election For additional information, please refer to the City Clerk’s Election Webpage located at http://www.miamibeachfl.gov/cityclerk/elections/scroll.aspx?id=69656 The Office of the City Clerk is here to serve you. If you have any questions, please do not hesitate to call the Office of the City Clerk for assistance at 305.673.7411. F:\CLER\CLER\000_ELECTION\0000_2015 GENERAL ELECTION\OFFICE OF THE CITY CLERK ELECTION BOOK 2015.docx 1 THIS PAGE INTENTIONALLY LEFT BLANK 2 TABLE OF CONTENTS 1. General Municipal Election Information / How to Begin Your Campaign 2. Important Dates and Deadlines 3. Miami-Dade County Elections Department – Guidelines to Successful Campaign Treasurer’s Reports 4. Election Signs 5. Paid Campaign Workers Participating In Absentee Ballot Activities 6. Most Commonly Used Forms 7. Miami Beach City Charter – Article VI. – Elections (Sections 6.01 through 6.04) 8. Miami Beach City Code – Division 5 – Campaign Finance Reform (Sections 2-487 through 2- 490) 9. Miami Beach City Code – Article IV. – Temporary Signs (Sections 138-131 through 138-140) 10. Miami-Dade County Code – Section 12-14.1 – Absentee Ballot Campaigning Reporting Requirement 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 TAB 1 5 GENERAL MUNICIPAL ELECTION INFORMATION HOW TO BEGIN A CAMPAIGN Date of Election General: Tuesday, November 3, 2015 Runoff: Tuesday, November 17, 2015, if necessary Qualifying Pursuant to City Charter Section 6.03, a candidate must reside within the City and be a qualified elector for at least one year prior to qualifying. Offices Up For Election Incumbents Term Of Office Mayor: Philip Levine Two (2) years Commissioner Group IV: Jonah Wolfson (Term Limited) Four (4) years Commissioner Group V: Edward L. Tobin (Term Limited) Four (4) years Commissioner Group VI: Deede Weithorn (Term Limited) Four (4) years Salary Mayor: $10,000 per year and $6,000 vehicle allowance Commissioner: $6,000 per year and $6,000 vehicle allowance Qualifying Period Dates: Tuesday, September 8, 2015 through Friday, September 11, 2015 Hours: 8:30 a.m. to 5:00 p.m. Location: Miami Beach City Hall, 1700 Convention Center Drive, 1st Floor, Office of the City Clerk Total Qualifying Fee Mayor: $1,360 Commissioner: $1,020 The total qualifying fee is comprised of a Municipal Qualifying Fee of 7.5% of the salary of the office the candidate seeks (see Charter Section 6.03), plus a State Assessment Election Fee of 1.0% of the salary of the office the candidate seeks (see Section 99.093 (1) Florida Statutes). Any person seeking to qualify for election who is unable to pay the State Election Assessment Fee without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the City Clerk, be exempt from paying the State Election Assessment Fee (see Section 99.093 (2) Florida Statutes). An Affidavit of Undue Burden for Municipal Candidates is included in the “Most Commonly Used Forms” section of this handbook. The qualifying fee MUST be paid by a check drawn on the candidate’s campaign account. The check from the campaign account is to be made payable to the City of Miami Beach for the total amount due. 6 Qualifying By Petition In Lieu Of Paying The Municipal Qualifying Fee A petition in lieu of paying the Municipal Qualifying Fee shall be filed with the City Clerk no later than noon of the 14th day prior to the first day of qualifying as a candidate for such office. Said petition approving his/her candidacy must be signed by sufficient qualified and registered voters to constitute not less than 2% of the number of voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office. A City of Miami Beach Petition in Lieu of Qualifying Fee form is included in the “Most Commonly Used Forms” section of this handbook. In the event the Miami-Dade County Elections Department has not issued its certificate verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the second day of the City’s four-day qualifying period, the City’s 7½% qualifying fee shall be waived by the City in the event the subject candidate should otherwise qualify for office pursuant to Section 6.03 of the City Charter. See Section 6.03 of the City Charter. The First Two Documents A Person Must File With The City Clerk To Become A Candidate • FORM DS-DE 9 - Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates • FORM DS-DE 84 - Statement of Candidate The candidate must file form DS-DE 84, Statement of Candidate, with the City Clerk within ten (10) days after the candidate files form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates. The Candidate must file Form 1, Statement of Financial Interest; Form 9, Quarterly Gift Disclosure, Form DS-DE 25, Candidate Oath; and the City Of Miami Beach Oath/Affirmation at the same time he/she files their qualifying papers. At the time of qualifying, all candidates must present a government issued picture identification and their Voter Information Card. Campaign Account A campaign account must be opened before qualifying. The qualifying fee MUST be paid with a check drawn on the candidate’s campaign account. Fingerprints / Photograph Prior to qualifying as a candidate, it will be necessary for each candidate to go to the Police Station Records Section, at 1100 Washington Avenue, for the purpose of being fingerprinted and photographed as required by Section 6.03 of the City Charter. Please contact the Records Section at 305.673.7100 for an appointment. City of Miami Beach Oath or Affirmation All candidates qualifying for office shall have taken, signed and subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida, and has resided in the City at least one year prior to qualifying; (3) his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold the office for which he/she is a candidate. 7 Campaign Treasurer’s Reports Each campaign treasurer designated by a candidate shall file Campaign Treasurer’s Reports of all contributions received, and all expenditures made, by or on behalf of such candidate. Campaign Treasurer’s Reports shall be filed on the dates listed in the “Important Dates and Deadlines” section of this handbook. Failure to file a Campaign Treasurer’s Report on the designated due date will subject the candidate to a fine for each late day as provided in Section 106.07 (8)(b), Florida Statutes. Such fine shall be paid only from personal funds of the candidate. Campaign Treasurer’s Reports shall be filed with the Office of the City Clerk. Campaign Treasure’s Reports shall be filed no later than 5 p.m. of the day designated; however, any report postmarked by the United States Postal Service no later than midnight of the day designated is deemed to have been filed in a timely manner. Any Campaign Treasurer’s Report received by the Office of the City Clerk within five (5) days after the designated due date that was delivered by the United States Postal Service is deemed timely filed, unless it has a postmark that indicates that the report was mailed after the designated due date. A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt from an established courier company, which bears a date on or before the date on which the report is due, suffices as proof of mailing in a timely manner. In any reporting period during which a candidate has not received funds, made any contributions, or expended any reportable funds, the filing of the required report for that period is waived. Candidates, must nevertheless timely file a Waiver of Report, Form DS-DE 87, with the Office of the City Clerk. Contact Information The Office of the City Clerk must be able to contact a candidate and/or Campaign Treasurer at all times in case of questions or last minute instructions. Please ensure that the Office of the City Clerk has your accurate telephone number, mailing address and e-mail address. Campaign Headquarters Each candidate may have four campaign headquarters, which shall be registered with the City Clerk. See Section 138-134 of the Miami Beach City Code. Poll Watcher Information Pursuant to Florida Statues 101.131, each candidate may have one watcher in each polling room or early voting area at any one time during the election. Each candidate requesting to have poll watchers shall designate, in writing, utilizing Form DS-DE 125, before noon of the second Tuesday preceding the election, poll watchers for each polling room on Election Day and before noon at least 14 days before early voting begins for early voting sites. Please submit Form DS-DE 125 to the City Clerk. No candidate or sheriff, deputy sheriff, police officer or other law enforcement officer may be designated as a poll watcher. Election Results The Miami-Dade County Elections Department’s website is the best and most up to the minute source for election night results. On election night, there will be a link on the Elections Department’s homepage that takes viewers directly to the results. Viewers may filter the races that appear on screen to only those races of interest to the viewer. The Miami-Dade County Elections Department homepage is located at http://www.miamidade.gov/elections/ 8 Additional Information For additional information, please refer to the Office of the City Clerk’s Election Webpage located at http://miamibeachfl.gov/cityclerk/elections/scroll.aspx?id=31214 Frequently Dialed Telephone Numbers Office of the City Clerk • Rafael E. Granado, City Clerk 305.673.7411 • Liliam Hatfield, Assistant City Clerk 305.673.7411 Miami-Dade County Elections Department • Main Number 305.499-VOTE (8683) • TTY Number 305.499.8480 Florida Division of Elections • Main Number 850.245.6200 • Fax Number 850.245.6217 9 TAB 2 10 IMPORTANT DATES AND DEADLINES Date of Election / Voter Registration General Election: 11/03/15 Voter Registration Book Closing: 10/05/15 Runoff Election, if necessary: 11/17/15 Voter Registration Book Closing: 10/19/15 Qualifying Period Dates: Tuesday, September 8, 2015 through Friday, September 11, 2015 Hours: 8:30 a.m. to 5:00 p.m. Location: Miami Beach City Hall Office of the City Clerk, 1700 Convention Center Drive, 1st Floor Miami Beach, FL 33139 DUE DATE Campaign Treasurer’s Report, and if applicable, Paid Campaign Workers Participation in Absentee Ballot Activities Report (MD-ED 26) CODE/TYPE PERIOD COVERED FROM/TO 01/12/15 2014-M12 12/01/14 to 12/31/14 02/10/15 2015-M01 01/01/15 to 01/31/15 03/10/15 2015-M02 02/01/15 to 02/28/15 04/10/15 2015-M03 03/01/15 to 03/31/15 05/11/15 2015-M04 04/01/15 to 04/30/15 06/10/15 2015-M05 05/01/15 to 05/31/15 07/10/15 2015-M06 06/01/15 to 06/30/15 08/10/15 2015-M07 07/01/15 to 07/31/15 08/25/15 Last day to submit Petitions in Lieu of Paying the Municipal Qualifying Fee. Must submit no later than noon on the 14th day prior to the first day of qualifying as a candidate. 09/10/15 2015-M08 08/01/15 to 08/31/15 10/05/15 Last day to designate poll watcher(s) for Early Voting. Due before noon to the City Clerk. Candidates may have one watcher in each early voting area at any one time. Must utilize Form DS-DE 125. 10/09/15 G1 - 25 days prior to General Election 09/01/15 to 10/02/15 10/20/15 Last day to designate poll watcher(s) for Election Day. Due before noon to the City Clerk. Candidates may have one watcher in each polling room at any one time. Must utilize Form DS-DE 125. 10/23/15 G2 - 11 days prior to General Election 10/03/15 to 10/16/15 11 10/29/15 Last day to accept contributions prior to the General Election. (See Florida Statutes § 106.08(3)(a)) 10/30/15 G3 - 4 days prior to General Election 10/17/15 to 10/29/15 11/03/15 General Election 11/06/15 R1 - 11 days prior to the Runoff Election 10/30/15 to 10/30/15 11/12/15 Last day to accept contributions prior to the Runoff Election. (See Florida Statutes § 106.08(3)(a)) 11/13/15 R2 - 4 days prior to the Runoff Election 10/31/15 to 11/12/15 11/17/15 Runoff Election 12/10/15 TR - 90 Days Termination Report After Qualifying. For candidates who are unopposed or do not qualify, following the last day of qualifying for office. (See Florida Statutes §§ 106.07 (1)(c) and 106.141 (1)) 09/01/15 to 12/10/15 02/01/16 TR - 90 Days After General Election. For candidates elected or eliminated on the General Election. (See Florida Statutes § 106.141 (1)) 10/30/15 to 02/01/16 02/15/16 TR - 90 Days After Runoff Election. For candidates elected or eliminated on the Runoff Election. (See Florida Statutes § 106.141 (1)) 11/13/15 to 02/15/16 Dates are subject to change. Please contact the Office of the City Clerk for possible updates. 12 TAB 3 13 Miami-Dade County Elections Department Guidelines to Successful Campaign Treasurer’s Reports (Per Chapter 106, Florida Statutes) Contributions 1. Contributions entered must fall within the period covered by the report. 2. All Contributions must have complete itemized information including the date, name, complete address, contribution type, occupation (if over $100) and dollar amount. 3. Occupation needs to be specific. Do not use “Businessman/ woman, Business Owner, Salesman/woman, Sales,” etc. Examples of acceptable occupations include Car Sales, Printing Shop Owner, Bank Manager, Attorney, etc. 4. There is no contribution limit to a political committee. 5. The maximum cash contribution per election is $50. A cashier’s check is considered as cash. 6. The contribution limit to a candidate is $1,000 per election. For reporting purposes, a credit card, debit card, money order, or Paypal contribution is considered a check. 7. Contributions collected via Paypal or a third-party vendor to collect contributions must be reported in full (transaction fees are not deducted from the contribution amount, but rather reflected as expenditure). 8. The person signing the check is the contributor, except for a company check that is a “Business” entity. 9. In-kind contributions are subject to contribution limitations ($1,000 per election, per contributor). 10. Candidates cannot accept contributions from an Electioneering Communications Organization (ECO). Expenditures 1. Expenditures entered must fall within the time covered by the report. 2. All expenditures must have complete itemized information including the date, name, complete address, purpose of expenditure, and dollar amount. 3. A reimbursement from the campaign account is allowable directly to an individual/organization that has incurred approved expenses on behalf of the campaign. The report must include the full name, full address, specific purpose, and amount of reimbursement. 4. Campaign accounts may not provide a direct payment to the credit card of an individual/organization as a form of reimbursement. 5. Poll workers should be paid with a campaign check and each poll worker paid should be itemized. 6. Bank fees and fees assessed by Paypal or a third-party vendor to collect contributions must be reported as expenditures (not deducted from the contribution amount). 7. ECOs are limited to electioneering communications and may not make contributions to candidates or political parties. Petty Cash 1. The Petty Cash Withdrawn limit is $500 per calendar quarter prior to the end of qualifying. Thereafter, $100 per week. 2. It shall be spent only in amounts less than $100 and only for office supplies, transportation expenses and other necessities. 3. Petty Cash may not be used for time, space, or services from communications media. 4. The Petty Cash Withdrawn must be reported in the period that it was withdrawn from the bank. 5. The Petty Cash Spent must also be reported in the period that it was spent. Petty Cash Spent does not impact the Total Expenditures for the period, only when it is withdrawn. 6. Petty Cash Withdrawn and Petty Cash Spent must equal at the end of the campaign. Notices 1. You will be notified of any deficiencies or violations. 2. Typical violations include late filing, fine due, and incomplete information on a campaign report. 3. Following these guidelines will reduce notices sent to you and thus the number of amendment reports that will need to be filed. Fines 1. Fines assessed to candidates must be paid from candidate’s personal funds. 2. Fines assessed to political parties, political action committees, electioneering communication organizations, and “independent expenditures over $5,000” are to be paid from their campaign account. 3. Fines must be paid to the filing officer within 20 days after receipt of the notice of payment due, unless an appeal is made to the Florida Elections Commission within 20 days after receipt of the notice of payment due. 4. If fine was appealed to the Florida Elections Commission, and the fine is upheld, payment is due to the Elections Department as stated in the Final Order. 5. Reference Florida Statute 106.07(8)(b) for fine amounts. Termination Report 1. At the end of the campaign, or when closing out a political committee, the “Total Contributions to Date” and the “Total Expenditures to Date” on the Termination Report must equal; and, the campaign account must be closed. 2. Prior to closing the campaign account, any remaining funds must be disposed of according to F.S. 106.141 (for candidates) and F.S. 106.03 (for political committees). CDL-VI 11/07/2013 This document reflects recent changes to State campaign financing laws as prescribed in House Bill 569 (effective 11/01/2013). 14 THIS PAGE INTENTIONALLY LEFT BLANK 15 TAB 4 16 ELECTION SIGNS Thank you for taking the time out of your busy campaign schedule to learn about the rules and regulations regarding the placement of election signs within the City of Miami Beach. There are different regulations for public property, private property, and for your Miami Beach campaign headquarter(s). We urge you to review these rules with your campaign volunteers. Public Property The Miami Beach City Code strictly prohibits the placing of signs on public property. Section 138-134 (e) reads: “It shall be unlawful for any person to paste, glue, print, paint or to affix or attach by any means whatsoever to the surface of any public street, sidewalk, way or curb or to any property of any governmental body or public utility any political sign, poster, placard or automobile bumper strip designed or intended to advocate or oppose the nomination or election of any candidate or the adoption or rejection of any political measure.” Code Compliance Officers, whenever possible, will attempt to contact the adjacent property owner and request that the illegally placed sign be moved to a permitted location. If that is not possible, signs placed in violation of the City Code will be picked up and brought to the Code Compliance Department. Illegally placed signs collected by Code Compliance Officers will be available for retrieval from the Code Compliance office, located at 555 17 Street. Private Property Sign Area - Signs on private property must meet the sign area limitations pursuant to Section 138-134 of the Miami Beach City Code. The sign area in single-family residential districts shall be the same as for construction signs (Section 138-133) which is four (4) square feet (e.g., 2 feet by 2 feet; 1 foot by 4 feet). The sign area for commercial or industrial district locations shall have the same requirements as for construction signs or real estate signs (Section 138-136), whichever is larger. All other zoning districts shall not exceed one square foot per three linear feet of street frontage, with a maximum sign area of not more than 75 square feet. Owners of properties that have election signs that exceed the maximum allowed area will first be issued warning notices. Failure to reduce the sign area to the allowable amount will result in a citation and the case being forwarded to the Special Master for a hearing. The Special Master may impose fines of up to $1,000 per day, per violation or in the case of a repeat violation, up to $5,000 per day, per violation. Number of Signs – In a commercial district or industrial district the number of signs is limited only by sign area regulations. In residential districts, there shall be no more than one sign per residential building or lot. Campaign Headquarters The sign area in commercial or industrial districts for campaign headquarters shall not have a sign area limitation. Each candidate may have four campaign headquarters, which shall be registered with the City Clerk. See Section 138-134 (c) of the Miami Beach City Code. Removal of Election Signs Election signs shall be removed seven days following the election to which they are applicable. See Section 138-134 (d) of the Miami Beach City Code. 17 Thank you for your attention in this matter. If you have any questions, please do not hesitate to contact the Code Compliance Department at 305.673.7555. 18 Tab 5 19 PAID CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT ACTIVITIES Pursuant to Section 12-14.1 of the Code of Miami-Dade County, candidates running for municipal office, whose paid poll workers are engaged in absentee ballot activities must file form MD-ED 26, entitled “Paid Campaign Workers Participating In Absentee Ballot Activities,” with the Office of the City Clerk. 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. The MD-ED 26 form is due at the same time Campaign Treasurer's Reports are due. As the Office of the City Clerk does not assign ID Numbers to candidates, that section of the MD-ED 26 form should be left blank. A copy of Form MD-ED 26 is included in the “Most Commonly Used Forms” section of this handbook. The form has also been placed under the link entitled “Election Forms” located at: http://www.miamibeachfl.gov/cityclerk/elections/scroll.aspx?id=31214#election • 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 listing 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 Form MD-ED 26. 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 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. 20 THIS PAGE INTENTIONALLY LEFT BLANK 21 Tab 6 22 MOST COMMONLY USED FORMS See Appendix A, under separate cover. 23 THIS PAGE INTENTIONALLY LEFT BLANK 24 TAB 7 25 CITY OF MIAMI BEACH CHARTER ARTICLE VI. – ELECTIONS* Sec. 6.01. – Electors. Any person who is a resident of the City of Miami Beach, who has qualified as an elector of the State of Florida and who registers in the manner prescribed by law shall be a qualified elector of the City. State law reference – Registration of electors, F.S. § 97.105; qualification of electors, F.S. §§ 97.041, 166.032. Sec. 6.02. – Nonpartisan elections. All elections for the office of City Commission shall be conducted on a nonpartisan basis without any designation or political party affiliation. Sec. 6.03. – Qualifying. The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City residing within the City at least one year prior qualifying and who, within the four (4) consecutive days immediately following the first Monday of September prior to said general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7½%) of the annual salary of the office to which he/she seeks election as a qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than noon of the 14th day prior to the first day of qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent (2%) of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office, in the event the Miami-Dade County Elections Department has not issued its certificate verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the second day of the City’s four-day qualifying period, the City’s 7½% qualifying fee shall be waived by the City in the event the subject candidate should otherwise qualify for office pursuant to this Charter section. All candidates qualifying for office shall have taken, signed and subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida, and has resided in the City at least one year prior to qualifying; (3) his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing “Elections”) and Charter of the City of Miami Beach, Florida, to hold the office for which he/she is a candidate. 26 Such oath or affirmation shall be substantially in the following form: STATE OF FLORIDA ) SS: COUNTY OF DADE ) Before me, an officer authorized to administer oaths, personally appeared to me well known who, being sworn, says that he/she is a candidate for the office of City Commissioner (Group No. ____________ (or Mayor) for the City of Miami Beach, Florida; that he/she is a qualified elector of said City residing within the City at least one year before qualifying for City of Miami Beach elected office; that his/her legal residence is: ____________, Miami Beach, Dade County, Florida; that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing “Elections”) and Charter of said City to hold such office; and that he/she has paid the required qualification fee. ____________________ Signature of Candidate Sworn to and subscribed before me this ____________ day of ____________ A.D., 20 ____________. ____________________ Authorized Officer The City Commission shall, by ordinance, prescribe the manner of holding general and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling places in the various voting precincts in the City. (Res. No. 2003-25290, 7-30-03; Res. No. 2003-25391, 7-30-03; Res. No. 2012-27964, 7-18-12, passed by voters 11-6-12; Res. No. 2012-27965, 7-18-12, passed by voters 11-6-12) Sec. 6.04. – Vacancy in candidacy. If the death, withdrawal or removal of a qualified candidate for Miami Beach City Commission following the end of the qualifying period results in fewer than two candidates remaining on the ballot for that office, there shall be one supplemental qualifying period of five (5) days beginning on the first business day following the vacancy in candidacy. No further supplemental qualifying period shall thereafter be established at all if a vacancy in candidacy occurs within forty-five (45) days prior to the date of the election for the office of City Commissioner or Mayor. If within forty-five (45) days prior to the date of the election for the office of City Commissioner or Mayor, there is only one candidate on the ballot for an elected office, said candidate shall be declared elected and no election for that office shall be required. State law reference — Filling vacancy in candidacy, F.S. § 166.031(6). *State Law reference — Florida Election Code, F.S. chs. 97-106. 27 TAB 8 28 CITY OF MIAMI BEACH CODE DIVISION 5. – CAMPAIGN FINANCE REFORM Sec. 2-487. – Prohibited campaign contributions by vendors. A. General. (1) (a) No vendor shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance, all proposed city contracts, purchase orders, standing orders, direct payments, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify potential vendors of the proscription embodied herein. (b) No candidate or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate’s campaign account any campaign contribution directly or indirectly from a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the procurement division’s city records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions deposited by a candidate in violation of this section shall be forfeited to the city’s general revenue fund. (3) (a) Disqualification from serving as vendor. 1. A person or entity other than a vendor who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the city. 2. i. A vendor who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified from serving as a vendor with the city for a period of 12 months from a final finding of violation, or from action on a waiver request by the Miami Beach City Commission (per subsection B herein below) in the event a waiver of said violation is sought. ii. In the event such waiver request for a particular transaction is granted, the affected vendor shall nonetheless be disqualified from serving as a vendor with the city as to all other vendor projects for the stated 12-month period. In the event such waiver request is denied for a particular transaction, the 12- month disqualification period shall apply to both the particular transaction which was the subject of the waiver request, as well as all other vendor projects during that 12-month period. (b) Definition. For purposes of this section, the term “disqualified” shall be defined to include: 1. Termination of a donor/vendor’s existing contract with the city, subject to the waiver provisions of subsections B(1)(d) and B(2) herein; and 29 2. Disqualification of a donor’s response to solicitation requests for prospective vendor contracts with the city, subject to the waiver provisions of subsections B(1)(a), (b) and (c) herein. (4) As used in this section: (a) 1. A “vendor” is a person and/or entity who has been selected by the city as the successful contractor on a present or pending solicitation for goods, equipment or services, or has been approved by the city on a present or pending award for goods, equipment or services prior to or upon execution of a contract, purchase order, standing order, direct payment or purchasing card payment. The term “vendor” shall not include those persons and/or entities who provide goods, equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein city commission action is not required. 2. “Vendor” shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term “controlling financial interest” shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term “firm” shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. For purposes of this section, “vendor” status shall terminate upon completion of the agreement for the provision of goods, equipment or services. (b) For purposes of this section, the term “services” shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the city. (c) The term contribution shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented (copies available in Office of the City Clerk). B. Waiver of prohibition. (1) Conditions for waiver. The requirements of this section may be waived by a five-sevenths vote for a particular transaction by city commission vote after public hearing upon finding that: (a) The goods, equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or (b) The business entity involved in the proposed transaction is the sole source of supply as determined by the city’s procurement director in accordance with procedures established in subsection 2-367(c) of this Code; or (c) An emergency contract (as authorized by the city manager pursuant to section 2-396 of this Code) must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission; or (d) A contract for the provision of goods, equipment or services exists which, if terminated by the city, would be adverse to the best economic interests of the city. (2) Conditions for limited waiver. Notwithstanding the denial by the city commission of a waiver request regarding an existing contract per subsection B(1)(d) above, upon a five-sevenths vote of the city commission at a public hearing, a limited waiver may be granted on an existing contract upon a finding that in order to protect the health, safety and welfare of the citizens of the city, continuation of said contract for a limited period of time (not to exceed six months) is necessary in order for the city to obtain a replacement vendor. 30 (3) Full disclosure. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. C. Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. (Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03; Ord. No. 2004-3446, § 1, 5-26-04; Ord. No. 2005-3486, § 1, 6-8-05; Ord. No. 2006-3544, § 1, 12-6-06) Sec. 2-488. – Prohibited campaign contributions by lobbyists on procurement issues. (1) No lobbyist on a present or pending solicitation for goods, equipment or services or on a present or pending award for goods, equipment or services prior to or upon execution of a contract, purchase order, standing order, direct payment, or purchasing card payment shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. The term “lobbyist” shall not include those individuals who lobby on behalf of persons and/or entities in connection with their provision of goods, equipments or services not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein city commission action is not required. (a) Commencing on the effective date of this ordinance, all proposed city contracts, purchase orders, standing orders, direct payments, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify lobbyists of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate’s campaign account any campaign contribution directly or indirectly from a lobbyist subject to the provisions of this ordinance. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the City Clerk’s records to verify the lobbyist status of any potential donor. (2) (a) A person other than a lobbyist on a procurement issue as set forth in subsection (1) above, who directly or indirectly solicits for or makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from lobbying the city commission in connection with a present or pending bid for goods, equipment or services or on a present or pending award for goods, equipment or services. (b) A lobbyist on a procurement issue as set forth in subsection (1) above, who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified from lobbying the city commission in connection with a present or pending bid for goods, equipment or services or on a present or pending award for goods, equipment or services for a period of 12 months from a final finding of violation. (3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions received by a candidate in violation of this section shall be forfeited to the city’s general revenue fund. (4) The term “contribution” shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented. (Ord. No. 2003-3393, § 1, 2-5-03; Ord. No. 2005-3486, § 2, 6-8-05; Ord. No. 2006-3544, § 2, 12-6-06) 31 Sec. 2-489. – Prohibited campaign contributions by real estate developers. A. General. (1) (a) No real estate developer shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the February 15, 2003, all applications for development agreements and for changes in zoning map designation as well as future land use map changes shall incorporate this section so as to notify potential real estate developers of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate’s campaign account any campaign contribution directly or indirectly from a real estate developer. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the city planning department’s records (including city of Miami Beach website) to verify the real estate developer status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions deposited by a candidate in violation of this section shall be forfeited to the city’s general revenue fund. (3) (a) A person or entity other than a real estate developer who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from becoming a real estate developer. (b) 1. A real estate developer who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified from becoming a real estate developer for a period of 12 months from a final finding of violation, or from action on a waiver request by the Miami Beach City Commission in the event a waiver of said violation is sought. 2. In the event such waiver request for a particular real estate project and/or land use application is granted, the affected real estate developer shall nonetheless be disqualified from serving as a real estate developer with the city as to all other relevant real estate projects and/or applications for land use relief referred to in subsection A(4)(a)(1) below for the stated 12-month period. In the event such waiver request is denied for a particular real estate project and/or land use application, the 12-month disqualification period for the affected real estate developer shall apply to both the particular real estate project and/or land use application which was the subject of the waiver request, as well as all other relevant real estate projects and/or applications for land use relief referred to in subsection A(4)(a)(1) below during that 12-month period. (c) A real estate developer shall not make a contribution within 12 months after termination of its status as a real estate developer. (4) As used in this section: (a) 1. A “real estate developer” is a person and/or entity who has a pending application for a development agreement with the city or who is currently negotiating with the city for a development agreement, or, who has a present or pending application with the city for a change of zoning map designation or a change to the city’s future land use map. 32 2. “Real estate developer” shall include natural persons and/or entities who hold a controlling financial interest in a real estate developer entity. The term “controlling financial interest” shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term “firm” shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. For purposes of this section, “real estate developer” status shall terminate upon the final approval or disapproval by the city commission of the requested development agreement, and/or upon final approval or disapproval of the subject application for the land use relief, referred to in subsection (4)(a)1. Above. (b) The term “development agreement” shall have the meaning ascribed to such term in F.S. ch. 163, as amended and supplemented. For purposes of this section, the term “development agreement” shall include any amendments, extensions, modifications or clarifications thereto. (c) The term contribution shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented. B. Conditions for waiver of prohibition. The requirements of this section may be waived by a five- sevenths vote for a particular real estate project and/or land use application by city commission vote after public hearing upon finding that such waiver would be in the best interest of the city. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. C. Applicability. This section shall be applicable only to prospective real estate projects and/or applications for land use relief, and the city commission may in no case ratify a development agreement and/or application for land use relief entered into in violation of this section. (Ord. No. 2003-3394, § 1, 2-5-03; Ord. No. 2005-3486, § 3, 6-8-05) Sec. 2-490. – Prohibited campaign contributions by lobbyists on real estate development issues. (1) No lobbyist on a pending application for a development agreement with the city, or application for change of zoning map designation or change to the city’s future land use map shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. (a) Commencing on the effective date of this ordinance, all applications for development agreements and for changes in zoning map designation or future land use map changes, shall incorporate this section so as to notify affected lobbyists of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate’s campaign account any campaign contribution directly or indirectly from a lobbyist subject to the provisions of this section. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the City Clerk’s and planning department’s records to verify the lobbyist status of any potential donor. (2) (a) A person other than a lobbyist on a real estate development issue as set forth in subsection (1) above, who directly or indirectly solicits for or makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from lobbying the city commission in connection with a present development agreement, in connection with a 33 development agreement that is currently being negotiated, or in connection with a present or pending application with the city for a change of zoning map designation or a change to the city’s future land use map. (b) A lobbyist on a real estate development issue as set forth in subsection (1) above, who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified from lobbying the city commission in connection with a present development agreement, in connection with a development agreement that is currently being negotiated, or in connection with a present or pending application with the city for a change of zoning map designation or a change to the city’s future land use map for a period of 12 months from a final finding of violation. (3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions received by a candidate in violation of this section shall be forfeited to the city’s general revenue fund. (4) The term “contribution” shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented. (5) The term “development agreement” shall have the meaning ascribed to such term in F.S. ch 163, as amended and supplemented. (6) The term “lobbyist” as used herein shall exclude any person who only appears as a representative of a nonprofit corporation or entity, without special compensation or reimbursement for the appearance, whether direct or indirect, to express his/her support of or opposition to the subject item. (Ord. No. 2003-3395, § 1, 3-5-03; Ord. No. 2005-3486, § 4, 6-8-05) Secs. 2-491—2-510. – Reserved. 34 TAB 9 35 CITY OF MIAMI BEACH CODE ARTICLE IV. – TEMPORARY SIGNS Sec. 138-131. – Generally. (a) Temporary signs may be erected or posted and may be maintained only as authorized by and in accordance with the provisions of this article. (b) Temporary signs other than those affixed directly to a window and composed of paper, cardboard, plastic film or other similar material, shall require a permit as set forth in articles I and II of this chapter. (c) Temporary signs shall not be illuminated except for temporary construction signs. (d) For temporary signs six square feet or larger, a bond shall be posted prior to erection of the sign in an amount determined by the building official based upon the estimated cost of removal of the sign. However, no bond shall be required in excess of the amount provided in appendix A. The bond shall be refundable upon removal of the sign. (e) Temporary signs communicating noncommercial messages may be posted or erected in accordance with the sign area and number regulations applicable to election signs. (Ord. No. 89-2665, § 9-4(A), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93) Sec. 138-132. – Business signs. (a) Business signs are signs identifying a particular activity, service, product or sale of limited duration. (b) There shall be a maximum of two permits for the same premises within one calendar year for signs requiring permits. Window signs as described in subsection 138-4(6) shall have no maximum number. (c) The sign area for window signs shall not exceed ten percent of total window area. The sign area for nonwindow signs for a nonconforming business in a residential district is four square feet. The sign area for nonwindow signs for a business in a nonresidential district is 15 square feet. (d) Temporary business signs may be erected and maintained for a period not to exceed 30 days, except that the city manager may approve an extension of time for the business to erect and maintain such signs beyond the 30 days, after the manager finds that such extension is necessary to mitigate the impacts of public construction on visibility of, or access to, the business. Such extension beyond 30 days shall terminate concurrent with the termination of the public construction. (e) Temporary business signs shall be located only upon the lot in which the special use, activity, service, product or sale is to occur. (Ord. No. 89-2665, § 9-4(B), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2938, eff. 10-2-94; Ord. No. 2002-3348, § 1, 1-30-02) Cross reference — Businesses generally, ch. 18. 36 Sec. 138-133. – Construction signs. (a) Construction signs shall be located on the construction site. Sign copy may include, but not limited to, the project name, the parties involved in the construction and financing, their phone numbers, e-mail addresses, or web sites. Unit prices may be indicated in accordance with the provisions contained herein. Artistic murals or ornamental signs are permitted on construction fences surrounding the project site, subject to the provisions contained herein and design review approval. (b) There shall be a maximum of one construction sign per street frontage. (c) The sign area for window signs shall not exceed ten percent of total window area. The sign area for single-family signs is four square feet. The sign area for all other districts, shall not exceed one square foot per three linear feet of street frontage, not to exceed 75 square feet. The area contained in renderings, decorative or artistic portions of such signs shall be included in the sign area calculation, in accordance with the provisions herein. When unit prices are allowed they shall not exceed ten percent of the total sign area and numbers shall not exceed six inches in height. (d) Temporary construction signs may be erected and maintained for a period beginning with the issuance of a building permit and must be removed within six months from the date the area of new construction or substantial rehabilitation receives a temporary or final certificate of occupancy or a certificate of completion, whichever applies. However, any such signs shall be removed immediately if the building permit expires and construction has not commenced and/or if the permit is not renewed. (e) All signs shall be reviewed under the design review process. Construction signs may be flat wall signs, part of a construction fence, or rigid detached signs, affixed to posts or a construction fence. Banners are prohibited. Should the permitted construction sign be part of a construction fence, the size of the sign copy shall not exceed what is permitted under (c) above, however, a rendering of the project, or artistic mural affixed directly on a construction fence shall not be computed as part of the sign area. Unless affixed to a construction fence or an existing building, detached construction signs shall be setback ten feet from any property line. Maximum height to the top of a detached sign affixed to posts or a construction fence shall be 12 feet above grade. Maximum height to the top of a flat sign affixed to a building shall not extend above the second story of such building. (Ord. No. 89-2665, § 9-4(B)(2), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff. 1-29-94; Ord. No. 2002-3385, § 2, 11-13-02) Cross reference — Building regulations, ch. 14. Sec. 138-134. – Election signs. (a) Election signs are signs announcing political candidates seeking public office or advocating positions relating to ballot issues. (b) In a commercial district or industrial district the number is limited only by sign area regulations. In residential districts there shall be no more than one sign per residential building or lot. (c) The sign area in commercial or industrial districts for campaign headquarters shall not have a sign area limitation. Each candidate may have four campaign headquarters which shall be registered with the City Clerk. Other commercial or industrial district locations shall have the same requirements as for construction signs or real estate signs, whichever is larger. The sign area in residential districts shall be the same as for construction signs. (d) Election signs shall be removed seven days following the election to which they are applicable. 37 (e) It shall be unlawful for any person to paste, glue, print, paint or to affix or attach by any means whatsoever to the surface of any public street, sidewalk, way or curb or to any property of any governmental body or public utility any political sign, poster, placard or automobile bumper strip designed or intended to advocate or oppose the nomination or election of any candidate or the adoption or rejection of any political measure. (Code 1964, § 10-6; Ord. No. 89-2665, § 9-4(B)(3), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93) Cross reference — Elections generally, ch. 38. Sec. 138-135. – Real estate signs—Single-family residential. (a) Real estate signs located in single-family residential districts are signs advertising the sale, lease or rent of the premises upon which such sign is located. Sign copy with prices is prohibited. (b) There shall be a maximum of one sign permitted per property except for waterfront property where a second sign is permitted facing the water. In addition one strip sign to be attached directly below primary sign is allowed, and one “Open House” type sign is allowed only while the owner or agent is on the premises. Signs may be double faced provided all information is identical. (c) The sign area for the primary sign shall be 14 inches by 18 inches and the sign area for the strip sign shall be two inches by 18 inches. “Open House” type signs shall be 22 inches by 16 inches. (d) Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located. (e) Special conditions for these real estate signs shall be as follows: (1) Detached signs shall have a setback of ten feet if lot is vacant, three feet if lot has improvements. Sign may be placed on structure or wall if structure or wall is less than three feet from property line. Height shall not exceed five feet. (2) Only the following information and no other information may appear on the sign: a. “For Sale,” “For Lease,” or “For Rent,” or combination thereof. b. The name and logo of the real estate broker or realtor as registered with the Florida Real Estate Commission, the name of the owner or the words “By Owner” in lettering not to exceed one inch in height. c. A designation following such name as being either a “Realtor,” “Broker” or “Owner” in lettering not to exceed one inch in height. d. The telephone number of such realtor, broker or owner. e. The words “By Appointment Only”; “Waterfront”; “Pool.” (3) Iridescent and illuminated signs are prohibited. (4) “Open House” type signs may be red and white or black and white. No signs are permitted on public property. (5) Each primary sign shall receive a permit from the license department, which shall charge a fee as set forth in appendix A per primary sign. There shall be no additional charge for strip or “Open House” type signs. (Ord. No. 89-2665, § 9-4(B)(4), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 2002-3385, § 3, 11-13-02) 38 Sec. 138-136. – Real estate signs—Multifamily, commercial, industrial, vacant land. (a) Real estate signs located in multifamily, commercial, or industrial districts, are signs advertising the sale, lease or rent of the premises upon which such sign is located. Sign copy with prices is prohibited. (b) There shall be a maximum of one real estate sign permitted per street frontage. (c) The sign area for a multifamily sign shall not exceed four feet by four feet. The sign area for a commercial/industrial sign shall not exceed four feet by six feet. (d) Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located. (e) Special conditions for these real estate signs shall be as follows: (1) Real estate signs are not permitted on windows of apartment, multifamily buildings or individual offices. Detached signs shall have a setback of ten feet if lot is vacant, three feet if lot has improvements. Sign may be placed on structure or wall if structure or wall is less than three feet from property line. Height shall not exceed seven feet. (2) Only the information permitted on single-family residential real estate signs plus the following information may appear: a. Zoning information. b. Size of property and/or building. c. Permitted use of property. (3) No signs are permitted on public property. (4) Flat wall signs may be substituted with banner type signs. (5) Each individual sign shall receive a permit from the license department which shall charge a fee per sign as provided in appendix A. (Ord. No. 89-2665, § 9-4(B)(5), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 2002-3385, § 4, 11-13-02) Sec. 138-137. – Banners and balloon signs. (a) Balloon signs are prohibited in all zoning districts. Notwithstanding the foregoing, for special events authorized in accordance with the requirements prescribed by the city, sponsor’s cold air balloon signs and inflatables tethered to the ground may be permitted, but only to the extent said signs and inflatables are approved pursuant to the special event review procedures as established by the city. Balloon signs are hot or cold air balloons or other gas filled figures or similar type signs. (b) There shall be a maximum of one banner per structure. (c) The sign area shall be determined by the historic preservation and urban design director under the design review procedures. (d) Temporary banners shall be erected and maintained for a period not to exceed 14 days, and no more than one time during a calendar year on a premises. (e) Temporary banners shall be erected, anchored, used, operated or maintained only on a temporary permit basis as approved under the design review procedures. A building permit is required. The building official shall require a performance bond in an amount determined necessary in order to ensure its removal, but not less than the amount provided in appendix A. Temporary banners shall not be used for construction signs. 39 (Ord. No. 89-2665, § 9-4(B)(6), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff. 1-29-94; Ord. No. 99-3166, § 1, 1-20-99) Sec. 138-138. – Garage sale signs. (a) Garage sale signs are signs advertising garage sales. (b) The maximum number of garage sale signs shall be one. (c) The sign area shall be 12 inches by 18 inches. (d) The garage sale signs are allowed once yearly for a maximum period of two days commencing on the first day of the sale and ending at the close of the sale. (e) A garage sale sign may only be posted during the effective time of a valid garage sale permit issued by the city. (Ord. No. 89-2665, § 9-4(B)(7), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93) Cross reference — Garage sales generally, § 86-31 et seq. Sec. 138-139. – Cultural institutions temporary banner. A cultural institution may have a temporary banner under the following criteria: (1) A cultural institution shall be one that engages in the performing arts (including, but not limited to, music, dance and theater), or visual arts (including, but not limited to, painting, sculpture, and photography), or engages in cultural activities, serves the general public and has a permanent presence in the city. (2) The institution shall be designated by the Internal Revenue Service as tax exempt pursuant to section 501(c)(3) or (4) of the Internal Revenue Code. (3) The institution shall have an established state corporate charter for at least one year prior to the application for approval and be maintained for duration of the approval. (4) Cultural institution temporary banners are banners identifying a special event, exhibit or performance. (5) There shall be a maximum of three banners per structure. (6) The size of the banners shall be determined through the design review or certificate of appropriateness process, as applicable, pursuant to chapter 118 of the land development regulations and approved by the design review or historic preservation boards. (7) Banners may be installed up to 30 days prior to the special cultural event, exhibit or performance and shall be removed at the end of the special event, exhibit or performance. (8) The method of installation shall be determined under the design review procedures. (9) Cultural institutions may use projected images of the special event, exhibit or performance up to a maximum of 30 days prior to the special event, exhibit or performance. Image, manner and duration (hours) of projection shall be subject to approval through the design review process. (Ord. No. 2001-3326, § 4, 10-17-01) 40 Editor’s note— Ord. No. 2001-3326, § 4, adopted October 17, 2001, amended § 138-139 in its entirety to read as herein set out. Formerly § 138-139 pertained to similar subject matter and derived from Ord. No. 89- 2665, § 9-4(B)(8), effective October 1, 1989; Ord. No. 94-2938, effective October 2, 1994. Sec. 138-140. – Vacant storefront covers and signs. (a) Purpose. Vacant storefronts create blighted economic and social conditions contrary to the viable and healthy economic, aesthetic and social fabric that the city has cultivated and encouraged in its commercial zoning districts. The purpose of this section is to encourage and regulate the screening of the interior of vacant storefronts with aesthetically compatible and attractive material, to obscure the deteriorated or deconstructed conditions of vacant storefronts, and to allow temporary signs to be included on this material. (b) Definition. For purposes of this section, a vacant storefront is any ground floor business establishment that is unoccupied. (c) Applicability. The requirements of this section apply only to the ground floor windows and doors of vacant storefronts that face a public right-of-way. (d) Storefront window cover permitted for vacant storefronts. Windows and doors may be completely screened with an opaque material obscuring the interior. The materials used to satisfy this requirement shall be subject to review and approval by the planning department design review staff, in accordance with applicable design review and historic preservation criteria, and shall consist of 60-pound weight paper, or similar opaque material. Windows covered in accordance with this section may remain covered until issuance of a certificate of use or occupancy for the new occupant, whichever occurs first. (e) Temporary signs permitted. Material applied to windows in conformity with this section shall not contain general advertising signs or other prohibited sign types. Such material may contain signs that comply with the regulations of this chapter, as follows: (1) Artistic or super graphics in accordance with section 138-204, which may cover 100 percent of the window; and (2) Other types of signage allowed by this chapter, including real estate signs in accordance with section 138-136, and construction signs in accordance with section 138-133; signage under this provision may be incorporated into artistic or super graphics as referenced in (1) above, however text of such signage shall be limited to no more than 25 percent of the total window area of the vacant storefront. The design and material of all proposed signs under this section shall require review by the planning department design review staff, in accordance with applicable design review and historic preservation criteria. (f) City-provided storefront cover. The city may also produce and provide preapproved storefront covers, with or without charge, to encourage the coverage of vacant storefronts. Covers provided by the city shall also satisfy the requirements of this section. (Ord. No. 2012-3767, § 1, 5-9-12) Secs. 138-141—138-170. – Reserved. 41 TAB 10 42 MIAMI-DADE COUNTY CODE Sec. 12-14.1. Absentee Ballot Campaigning Reporting Requirement. (1) Each campaign treasurer designated by a candidate for County or municipal office in Miami- Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional electronic report with the officer responsible for receiving such candidate's contribution or expenditure reports. 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. (2) Any candidate failing to file a report as required by this section on the designated due date shall be subject to a fine of $50.00 per day for the first three (3) days and, thereafter, $500.00 per day for each day late not to exceed $5,000.00. 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. (3) Candidates for County and 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 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. (Ord. No. 13-05, § 1, 1-23-13) 43 THIS PAGE INTENTIONALLY LEFT BLANK 44