2016-4066 Ordinance ORDINANCE NO. 2016-4066
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," BY ADDING THE
FOLLOWING CITY CODE SECTIONS 38-9 "ELECTRONIC
REPORTING/PENALTIES," 38-10 "ELECTRONIC POSTING," AND 38-
11 "TECHNICAL ASSISTANCE," TO PROVIDE FOR ELECTRONIC
FILING OF CAMPAIGN FINANCE REPORTS AS AUTHORIZED PER
FLORIDA ELECTION CODE; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach is authorized to impose
electronic filing requirements for campaign finance reports required to be filed by each
person, candidate, political committee, electioneering communications organization, or other
individual or organization pursuant to Chapter 106 of the Florida Statutes; and
WHEREAS, having considered the security, ease and convenience electronic filing
offers, as well as the improved accuracy and efficiency associated with such system, the
City Commission determines that electronic filing of campaign finance reports serves a valid
public purpose and thus amends City Code Chapter 38 "Elections" as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections", is hereby
amended by adding the following Section 38-9 entitled "Electronic Reporting/Penalties",
Section 38-10 entitled "Electronic Posting", Section 38-11 "Technical Assistance", such
amendments reading as follows:
Chapter 38– ELECTIONS.'
Sec. 38-9. Electronic Reporting/Penalties.
(a) Each person, candidate, political committee, electioneering communications
organization, or other individual or organization required to file campaign treasurer's reports
with the City Clerk in his/her official capacity as filing officer for the City of Miami Beach,
pursuant to Chapter 106 of the Florida Statutes shall file such reports by means of the City's
electronic filing system.
1 Charter reference— Elections, Art. VI; Initiative and Referendum Elections, Art. VII.
Cross reference—Any ordinance calling elections or prescribing the manner of conducting the
election in accordance with State law saved from repeal, § 1-10(a)(16); Administration, Ch. 2;
City Commission, § 2-31 et seq.; election signs, § 138-134. State Law reference— Florida
Election Code, Fla. Stat. Chs. 97-106.
1. Any failure to file reports on the designated due date shall subiect the violator to
those penalties provided in said Chapter 106.
2. The City Clerk shall determine the required format and related process for the
campaign treasurer's reports and shall provide copies of information upon request.
(b) Definitions.
1. "Person", "candidate", "political committee", and "electioneering communications
organization" shall have the meanings ascribed to such terms in Chapter 106, Florida
Statutes.
2. "Campaign treasurer's reports" shall mean the campaign finance reports required
to be filed by each person, candidate, political committee, electioneering communications
organization, or other individual or organization, pursuant to Chapter 106 of the Florida
Statutes.
Sec. 38-10. Electronic Posting.
Campaign treasurer reports electronically filed pursuant to this Chapter shall be posted on
the City's website by the City Clerk within two business days of any such report's electronic
filing date.
Sec. 38-11. Technical assistance.
The City Clerk shall provide technical assistance to those subiect to the electronic filinq
requirements set forth above. The City Commission may, by resolution, establish a schedule
of fees for such technical assistance.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 1st day of February, 2017.
PASSED and ADOPTED this /q day of Sean;her- , 2016.
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Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: December 14, 2016
10:30 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS," BY ADDING THE FOLLOWING CITY
CODE SECTIONS 38-9 "ELECTRONIC REPORTING/PENALTIES," 38-10
"ELECTRONIC POSTING," AND 38-11 "TECHNICAL ASSISTANCE," TO
PROVIDE FOR ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS AS
AUTHORIZED PER FLORIDA ELECTION CODE; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Clerk recommends that the City Commission adopt the attached Ordinance on Second
Reading.
ANALYSIS
The Florida Election Code authorizes the City of Miami Beach to enact legislation requiring the
electronic filing of campaign finance reports by each person, candidate, political committee,
electioneering communications organization, or other individual or organization.
Having considered the security, ease and convenience that electronic filing offers, as well as the
improved accuracy and efficiency associated with such system, the City Clerk has determined
that electronic filing of campaign finance reports serves a valid public purpose and thus City
Code Chapter 38 "Elections" should be amended as set forth in the attached Ordinance.
The City Clerk recommends that the Ordinance take effect on the 1st day of February 2017, as
this should provide time for implementation and training. (Please note that the original
implementation date was January 1, 2017, but to ensure proper training and compliance the City
Clerk is recommending that the effective date be changed to February 1, 2017.)
CONCLUSION
The City Clerk recommends that the City Commission adopt the attached Ordinance on Second
Reading.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
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consider the long term economic impact (at least 5 years) of proposed legislative actions;" this
shall confirm that the City Clerk evaluated the long term economic impact (at least 5 years) of
this proposed legislative action. The proposed Ordinance will have a 5 year impact of $14,673.
The cost was derived as follows:
Year 1 - Initial Fee, Implementation and Training (Utilizing VR Systems, Inc.) $4,673
Year 2 - Renewal of Service Fee $2,500
Year 3 - Renewal of Service Fee $2,500
Year 4 - Renewal of Service Fee $2,500
Year 5 - Renewal of Service Fee $2,500
Total $14,673
Legislative Tracking
Office of the City Clerk
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
o Ordinance
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