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2017 HANDBOOK REG FINAL PDF BM 2017 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 Candidate for Mayor or Commissioner FROM: Rafael E. Granado, City Clerk SUBJECT: 2017 City of Miami Beach Candidate Handbook Thank you for your interest in becoming a candidate for the November 7, 2017 City of Miami Beach General Election. Enclosed you will find information and materials needed to answer many 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 candidates to comply with local and State election laws, we have created this handbook with useful information and forms. You are also being provided with a Candidate and Campaign Treasurer Handbook, dated January 22, 2016 (latest version available); a Compilation of the Election Laws of the State of Florida, dated July 2016 (latest version available), which includes Chapter 106 of the Florida Statutes; and the VR/Voter Focus Handbook detailing how to file Financial Reports online. While we attempt to provide thorough 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/default.aspx?id=89878 For additional information, please refer to the Office of the City Clerk’s 2017 Election Webpage located at http://web.miamibeachfl.gov/cityclerk/elections/default.aspx?id=87974 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\$ALL\REG\ELECTIONS\2017 - 11212017 General Election\HANDBOOK\2017 HANDBOOK REG FINAL WORD.docx 1 THIS PAGE INTENTIONALLY LEFT BLANK 2 TABLE OF CONTENTS TAB CONTENT 1. General Municipal Election Information / How to Begin Your Campaign 2. Important Dates and Deadlines 3. Guidelines to Successful Campaign Treasurer’s Reports 4. City of Miami Beach Campaign Finance Laws 5. Election/Free Speech Signs 6. Paid Campaign Workers Participating in Vote-by-Mail Activities 7. Reporting of Solicitation of Contributions for Political Committees, Electioneering Communications Organizations, 501(c)(4) Organizations, and Political Parties by Municipal Candidates 8. Most Commonly Used Election Forms 9. Miami Beach City Charter - Article VI - Elections (Sections 6.01 through 6.04) 10. Miami Beach City Code – Chapter 38 – Elections (Sections 38-1 through 38-11) 11. Miami Beach City Code – Division 5 – Campaign Finance Reform (Sections 2- 487 through 2-490) 12. Miami Beach City Code – Article III, Section 138-61 and Article IV, Sections 138- 133 through 138-134 – Election / Free Speech Signs 13. Miami-Dade County Code - Section 12-14.1 - Vote-by-Mail Campaigning Reporting Requirement 14. Miami-Dade County Ordinances Nos. 16-46 and 16-75 - Reporting of Solicitation of Contributions For Political Committees, Electioneering Communications Organizations, 501(c)(4) Organizations and Political Parties 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 GENERAL MUNICIPAL ELECTION INFORMATION / HOW TO BEGIN A CAMPAIGN Date of Election General Election: Tuesday, November 7, 2017 Run-Off Election (if necessary): Tuesday, November 21, 2017 Qualifying Pursuant to Miami Beach City Charter Section 6.03, a candidate must reside within the City of Miami Beach and be a qualified elector for at least one year prior to qualifying. Offices Up For Election Incumbents Term of Office Mayor: Philip Levine (Not seeking reelection) Two (2) years Commissioner Group I: Micky Steinberg (Seeking reelection) Four (4) years Commissioner Group II: Michael Grieco (Seeking election to Office of Mayor) Four (4) years Commissioner Group III: Joy Malakoff (Not seeking reelection) 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 5, 2017 through Friday, September 8, 2017 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 (Municipal Qualifying Fee of $1,200 + State Election Assessment Fee of $160) Commissioner: $1,020 (Municipal Qualifying Fee of $900 + State Election Assessment Fee of $120) 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 Election Assessment Fee of 1.0% of the salary of the office the candidate seeks (see Section 99.093 (1) Florida Statutes). Any person who seeks to qualify for election who is unable to pay the State Election Assessment Fee without imposing an undue burden on their 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 Financial Hardship is included in the “Most Commonly Used Election Forms” section of this handbook. 5 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. Qualifying by Petition in Lieu of Paying the Municipal Qualifying Fee If you intend to qualify for office by petition, rather than paying the Municipal Qualifying Fee, you may begin circulating your petitions any time after filing your DS-DE 9. 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. (August 22, 2017, is the last day to submit to the City Clerk the petition in lieu of paying the Municipal Qualifying Fee.) Said petition approving his/her candidacy must be signed by sufficient qualified and registered voters to constitute no fewer 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 Election 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 7.5% 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. IMPORTANT - Candidates qualifying by petition in lieu of paying the Municipal Qualifying Fee are still required to pay the State Election Assessment Fee. (For the Office of Mayor, the State Election Assessment Fee is $160 and for the Office of Commissioner, the State Election Assessment Fee is $120.) The State Election Assessment 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. 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 Election Forms” section of this handbook. 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. This form must be filed prior to making any expenditures, accepting contributions, or circulating petitions. • FORM DS-DE 84 - Statement of Candidate. The candidate must file this form 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. 6 Opening a Campaign Account After filing the “Appointment of Campaign Treasurer and Designation of Depository (DS-DE 9)” with the City Clerk, a candidate may proceed to open a campaign account and begin to receive contributions. Please consult your bank to determine what documents are required to open a campaign account. Campaign checks must contain specific information, which is outlined in the “Candidate & Campaign Treasurer Handbook.” A campaign account must be opened before qualifying. The qualifying fee MUST be paid with a check drawn on the candidate’s campaign account. Documents a Candidate Must File With the City Clerk During the Qualifying Period (September 5, 2017 through September 8, 2017) The following items are required to be correctly submitted before the close of qualifying: • Form 1 (2016 Tax Year) - Statement of Financial Interest; • Form 9 - Quarterly Gift Disclosure; • Form DS-DE 25 - Candidate Oath; • City Of Miami Beach Oath/Affirmation; and • A check drawn on the candidate’s campaign account to cover the applicable filing fee(s). The check must be made payable to the City of Miami Beach. The Office of the City Clerk has notaries available, and will notarize required campaign documents at no charge. At the time of qualifying, all candidates must present a government issued picture identification and their Voter Information Card. When you are prepared to submit your qualifying forms, please make an appointment to visit the Office of the City Clerk by calling 305.673.7411. Fingerprints / Photograph Prior to submitting the necessary documents during the qualifying period, each candidate must go to the Miami Beach Police Department Records Section, 1100 Washington Avenue, to be 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; and (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 The campaign treasurer (or deputy 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 day late as provided in Section 106.07 (8)(b), Florida Statutes. Such fine shall be paid only from personal funds of the candidate. 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 file timely a Waiver of Report electronically, with the Office of the City Clerk. Campaign Treasurer’s Reports are public records. Once the Office of the City Clerk receives the Report, it becomes a public record. The Report will be posted on the Office of the City Clerk’s Election webpage and will be available for inspection. Campaign Treasurer’s Report Electronic Submittal Each candidate required to file a Campaign Treasurer’s Report with the City Clerk, pursuant to Chapter 106 of the Florida Statutes, shall file such Reports by means of the City’s electronic filing system. (See Section 38-9 of the Miami Beach City Code.) After submitting Forms DS-DE 9 and DS-DE 84 with the City Clerk, the candidate and treasurer will receive a User ID Number, generic passwords, and generic PINs to access the City’s online electronic filing system. Candidates and treasurers should change their passwords and PINs online. Candidates and treasures may access the City’s electronic filing system using the below link or by visiting the Office of the City Clerk’s 2017 Election website. https://www.voterfocus.com/ws/WScand/candidate_login.php?county=munmiamibeach Detailed instructions on how to use the City’s online electronic filing system may be found at: http://web.miamibeachfl.gov/WorkArea/DownloadAsset.aspx?id=89795 A copy of the VR/Voter Focus Handbook detailing how to file Campaign Treasurer’s Reports online is also being provided to you. Make sure to review the Campaign Treasurer’s Report prior to the electronic submission. If the Report is incomplete, an amended Report will have to be filed. Once the online Report is completed, both the candidate and treasurer must enter their PINs and click submit. Reports must be submitted electronically no later than midnight on the due date. Failure to submit a Report on time will result in a fine being assessed based on the date the Report is submitted electronically. If the fine is not paid, notification will be sent to the Florida Elections Commission. 8 Additional Reporting Requirements 1. Vote-by-Mail Campaigning Reporting Requirement In accordance with Section 12-14.1 of the Code of Miami-Dade County, municipal candidates must file form MD-ED 26 to disclose the names of paid campaign workers engaged in Vote-by- Mail activities. See TABS 6 and 13 of this handbook for more information. 2. Reporting of Solicitation of Contributions For Political Committees, Electioneering Communications Organizations, 501(c)(4) Organizations and Political Parties In accordance with Miami-Dade County Ordinances Nos. 16-46 and 16-75, codified in Sections 12-14.2 and 12-14.2.1 of the Code of Miami-Dade County, Florida, respectively, municipal elected officers and municipal candidates must file form MD-ED 28 to publicly disclose their fundraising activities for Political Committees, Electioneering Communications Organizations, organizations exempt under Section 501(c)(4) of the Internal Revenue Code (except for homeowners associations) and/or Political Parties. See TABS 7 and 14 of this handbook for more information. 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 accurate cellular telephone numbers, mailing addresses and e-mail addresses for the candidate and the campaign treasurer. Campaign Headquarters Each candidate may have up to four campaign headquarters, each of which shall be registered with the City Clerk. See Section 138-134 of the Miami Beach City Code. Poll Watcher Information Pursuant to Florida Statutes 101.131, each candidate may have one poll 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. Form DS-DE 125 MUST be submitted to the City Clerk. (See the Important Dates and Deadlines section, under TAB 2 of this handbook, for due dates.) No candidate, sheriff, deputy sheriff, police officer or other law enforcement officer may be designated as a poll watcher. Commission Agendas Candidates for Miami Beach elected office frequently ask about the distribution of agenda packets so they may be kept fully informed of issues being considered by the City Commission. Commission agendas, including back-up documents, are available at http://www.miamibeachfl.gov/cityclerk/scroll.aspx?id=89609 9 Voter Data Request Packet Voter data information (such as lists, labels and demographics) is available upon request, for a fee, by contacting the Miami-Dade County Elections Department at 305.499.VOTE (8683). 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 that they are interested in. The Miami-Dade County Elections Department homepage is located at http://www.miamidade.gov/elections/ Additional Information For additional information, please refer to the Office of the City Clerk’s Election Webpage located at http://www.miamibeachfl.gov/cityclerk/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 • Regis Barbou, Office Associate V 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 1.850.245.6200 • Fax Number 1.850.245.6217 ` 10 IMPORTANT DATES AND DEADLINES November 7, 2017 General and November 21, 2017 Run-Off Elections (if necessary) Date of Election: Voter Registration: General Election: 11.07.17 Deadline to register to vote: 10.10.17 Run-Off Election, if necessary: 11.21.17 Deadline to register to vote: 10.23.17 Qualifying Period: Dates: Tuesday, September 5, 2017 through Friday, September 8, 2017 Hours: 8:30 a.m. to 5:00 p.m. Location: Office of the City Clerk Miami Beach City Hall, 1st Floor 1700 Convention Center Drive Miami Beach, FL 33139 DUE DATE Campaign Treasurer’s Report, and if applicable, Paid Campaign Workers Participating in Vote-by-Mail Activities Report (MD-ED 26) CODE/TYPE PERIOD COVERED FROM/TO 02.10.17 2017-M01 01.01.17 to 01.31.17 03.10.17 2017-M02 02.01.17 to 02.28.17 04.10.17 2017-M03 03.01.17 to 03.31.17 05.10.17 2017-M04 04.01.17 to 04.30.17 06.12.17 2017-M05 05.01.17 to 05.31.17 07.10.17 2017-M06 06.01.17 to 06.30.17 08.10.17 2017-M07 07.01.17 to 07.31.17 08.22.17 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. 09.11.17 2017-M08 08.01.17 to 08.31.17 10.09.17 Last day to designate poll watcher(s) for the Early Voting – General Election. 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. DUE DATE Campaign Treasurer’s Report, and if applicable, Paid Campaign Workers Participating in Vote-by-Mail Activities Report (MD-ED 26) CODE/TYPE PERIOD COVERED FROM/TO 10.13.17 2017-G01 (25 days prior to General Election) 09.01.17 to 10.06.17 10.24.17 Last day to designate poll watcher(s) for Election Day – General Election. 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. 10.27.17 2017-G02 (11 days prior to General Election) 10.07.17 to 10.20.17 11.02.17 Last day to accept contributions prior to the General Election. 11.03.17 2017-G3 (4 days prior to General Election) 10.21.17 to 11.02.17 11.04.17 SATURDAY Last day to designate poll watcher(s) for Early Voting – Run-Off Election (if necessary). Due before noon to the City Clerk. Candidates may have one watcher in each early voting area at any time. Must utilize Form DS-DE 125. 11.07.17 General Election 11.07.17 Last day to designate poll watcher(s) for Election Day – Run Off Election (if necessary). 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. 11.13.17 2017-R1 (11 days prior to the Run-Off Election) 11.03.17 to 11.03.17 11.16.17 Last day to accept contributions prior to the Run-Off Election. 11.17.17 2017-R2 (4 days prior to the Run-Off Election) 11.04.17 to 11.16.17 11.21.17 Run-Off Election 12.07.17 TR - 90 Days Termination Report After Qualifying. For candidates who are unopposed or do not qualify, following the last day of qualifying for office 09.01.17 to 12.07.17 02.05.18 TR - 90 Days After General Election. For candidates elected or eliminated on the General Election. 11.03.17 to 02.05.18 *02.20.18 TR - 90 Days After Run-Off Election. For candidates elected or eliminated on the Run-Off Election. 11.17.17 to *02.20.18 Dates are subject to change. Please contact the Office of the City Clerk for possible updates. *Denotes a change. Updated on April 17, 2017 F:\CLER\CLER\000_ELECTION\000_2017 GENERAL ELECTION\FORMS\IMPORTANT DATES AND DEADLINES FINAL VERSION REG APPROVED.docx Miami-Dade County Elections Department Guidelines to Successful Campaign Treasurer’s Reports (Per Chapter 106, Florida Statutes) CDL-VI 11/07/2013 Contributions 1. Contributions entered must fall within the time 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 an 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 period 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. Amending a Report 1. To make any changes to a submitted report, click on the “amend” button of the Original Report to create an Amendment Report. 2. In the Amendment Report, first click on the type of transaction to amend (i.e. “Enter Contributions”, etc):  To add new item, add a new sequence.  To amend existing item, click “Amend Item from Orig Report” to view list of all items previously submitted. Click on desired sequence, enter edits, and click submit. This will display two transactions (one to “delete” original item and one to “add” new item).  To delete existing item, click “Amend Item from Orig Report”, click on desired sequence, and just click submit. This will display two transactions (one to “delete” original item and one to “add” new item). Delete the “add” sequence, leaving only the “delete” sequence. 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). 13 THIS PAGE INTENTIONALLY LEFT BLANK 14 CITY OF MIAMI BEACH CAMPAIGN FINANCE LAWS In light of the City Commission’s January 13, 2016 amendments to Miami Beach’s Campaign Finance laws (Ordinance 2016-3991), this Memorandum has been prepared to provide a brief outline of such laws’ applicability to candidates for elected office in the City of Miami Beach and their campaign committees. The subject Code proscription is summarized as follows: Candidates for the offices of Miami Beach Mayor or City Commissioner, as well as their campaign committees, may not directly or indirectly solicit, accept or deposit into such candidate's campaign account any campaign contribution from a vendor, real estate developer 1, and/or their lobbyists. The following chart sets forth the Code’s prohibited actions, as well as those actions not otherwise prohibited, applicable to City candidates and their campaign committees: PROHIBITED ACTIONS ACTIONS NOT PROHIBITED May not “directly” (i.e., the candidate him/herself) solicit, accept or deposit into that candidate’s campaign account a campaign contribution from a vendor, real estate developer, or lobbyist of a vendor or real estate developer. May directly solicit, accept or deposit into a candidate’s campaign account a campaign contribution from a donor, so long as the donor is not a vendor, real estate developer, or lobbyist of a vendor or real estate developer. NOTE: Candidates and their campaign committees are directed to make reasonable efforts to ensure that potential donors solicited on a wide-scale basis (such as open invitations to a particular class of invitees, or solicitations via e-mail blasts) do not include City vendors, real estate developers, or their lobbyists 2. 1 The terms “vendor” and “real estate developer” are specifically defined in the City Code and only those persons/entities falling within those definitions are subject to the City’s campaign finance restrictions. See City Code section 2-487(4) defining the term “vendor,” and City Code section 2-489(4) defining the term “real estate developer.” 2 If a candidate, in the midst of a wide-scale solicitation, were to inadvertently solicit a vendor, real estate developer, or their lobbyist, such action would constitute a per se violation of the City’s Code, subject to review by the Miami-Dade County Ethics Commission. In such situation, the Ethics Commission would consider all reasonable efforts made by the candidate to pre- determine whether such prohibited donors would be within the class of persons targeted for solicitation, as well as all efforts made by the candidate to mitigate the prohibited solicitation (such as timely correspondence withdrawing requests for contributions and/or returning such contributions). 15 May not “indirectly” (i.e. through a third party, where the candidate has coordinated with, or directed another person/entity to act) solicit, accept or deposit into that candidate’s campaign account a campaign contribution from a vendor, real estate developer, or lobbyist of a vendor or real estate developer. May indirectly solicit, accept or deposit a campaign contribution into a candidate’s campaign account from a donor, so long as the donor is not a vendor, real estate developer, or lobbyist of a vendor or real estate developer. NOTE: Candidates and their campaign committees are directed to make reasonable effort to ensure that those potential donors solicited on a wide-scale basis (such as open invitations to a particular class of invitees, or solicitations via e-mail blasts) do not include City vendors, real estate developers or their lobbyists. May not directly or indirectly solicit a vendor, real estate developer, or lobbyist of a vendor or real estate developer for a campaign contribution to a political committee (PAC)3 that supports or opposes candidates for City elected office. May directly or indirectly solicit a vendor, real estate developer, or lobbyist of a vendor or real estate developer, for a campaign contribution to an electioneering communication organization (ECO), to a PAC that does not support or oppose candidates for City elected office, or to a candidate for office other than City Mayor or Commissioner. NOTE: The City Code prevents candidates for City office from soliciting campaign contributions on behalf of a PAC when that PAC supports/opposes candidates for City elected office BUT does not prohibit a City candidate from otherwise associating with or serving as an officer of a political committee, regardless of whether that PAC does or does not support/oppose candidates for City elected office. May not solicit, accept or deposit into a candidate’s campaign account a campaign contribution from a potential donor without first checking the City’s website, as well as verifying with the City’s Procurement Division, the “vendor” status of any potential donor, verifying with the City Clerk’s records department the “real estate developer” status of any potential donor, and verifying with the City Clerk's records whether a potential donor is a “lobbyist” for a vendor or real estate developer. Once this verification process has occurred and the candidate and/or his/her campaign committee has confirmed that a potential donor is not a vendor, real estate developer, or a lobbyist for a vendor or real estate developer, the candidate and his/her campaign committee may then solicit, accept or deposit into the candidate’s campaign account a campaign contribution from the subject potential donor. 3 The City’s Ordinance expressly provides that the term “political committee” is defined in accordance with Florida Statutes Chapter 106, and that the term "candidate" is defined in accordance with Florida Statutes 97.021(5). 16 Important Web Links: • To view the current list of vendors prohibited from making campaign contributions, visit http://www.miamibeachfl.gov/WorkArea/DownloadAsset.aspx?id=89746. • To view the current list of lobbyist on procurement issues, real estate developers, and lobbyist on real estate development issues prohibited from making campaign contributions, visit http://prodweb/WorkArea/DownloadAsset.aspx?id=70892 The preceding is intended as an overview of the City’s Campaign Finance Laws’ applicability to candidates for City office. A copy of Sections 2-487 through 2-490 of the Miami Beach City Code, entitled "Campaign Finance Reforms" is included in TAB 11 of this handbook. 17 THIS PAGE INTENTIONALLY LEFT BLANK 18 ELECTION/FREE SPEECH SIGNS Thank you for taking the time out of your busy campaign schedule to learn about the rules and regulations regarding the placement of temporary election/free speech signs within the City of Miami Beach. I urge you to review these rules with your campaign volunteers. Copies of the Miami Beach Code Section referenced herein are included in TAB 12 of this handbook. Display of election/free speech signs on vehicles Vehicles, including trailers, carrying or having attached advertising signs dealing with the candidacy of individuals for elected office or advertising propositions to be submitted and voted upon by the people are authorized to be parked on public or private property. Such signs shall be removed within seven days after the date of the election. (See Sec. 138-61 (a)(2) of the Miami Beach City Code.) Regulations of temporary election/free speech signs Setback, height regulations for temporary election/free speech signs: Unless affixed to a fence or an existing building, detached temporary election/free speech signs shall be setback ten feet from any property line. The maximum height to the top of a detached temporary election/free speech sign affixed to posts or a fence shall be five feet above grade in single-family and multifamily residential districts, and 12 feet above grade in all other districts. Maximum height to the top of a flat temporary election/free speech sign affixed to a building shall not extend above the first floor in single-family and multifamily residential districts and shall not extend above the second story of such building in all other districts. (See Sec. 138-133 (b) of the Miami Beach City Code.) Timeframe, removal: Temporary election/free speech signs shall only be allowed for a period beginning with the temporary activity that is the subject of the sign, i.e. candidacy of individuals for elected office or advertising propositions to be submitted and voted upon by the people, and must be removed within seven days from the date of the election. (See Sec. 138-133 (c) of the Miami Beach City Code.) Number: No more than one temporary election/free speech sign per residential or commercial unit is permitted. (See Sec. 138-133 (d) of the Miami Beach City Code.) Type: Temporary election/free speech signs may be flat wall signs, part of a fence, or rigid detached signs, or affixed to posts. Banners are prohibited. The sign area for window signs shall not exceed ten percent of total window area. (See Sec. 138-133 (f) of the Miami Beach City Code.) Size, single-family: The temporary election/free speech sign area in a single-family residential district shall not exceed four square feet. (See Sec. 138-133 (g) of the Miami Beach City Code.) Size, multifamily: The temporary election/free speech sign area in a multifamily residential district shall not exceed 16 square feet. (See Sec. 138-133 (h) of the Miami Beach City Code.) 19 Size, all other districts. The temporary election/free speech 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. (See Sec. 138-133 (h) of the Miami Beach City Code.) Election headquarter signs The temporary election/free speech 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 Sec. 138-134 of the Miami Beach City Code.) If you have any questions regarding election/free speech signs, please do not hesitate to contact the Code Compliance Department at 305.673.7555. 20 PAID CAMPAIGN WORKERS PARTICIPATING IN VOTE-BY-MAIL 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 Vote-by-Mail (formerly known as absentee ballot) activities must file form MD-ED 26, entitled "Vote-by-Mail Campaign Report” (formerly known as “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 Vote-by-Mail activities during the applicable reporting period. The MD-ED 26 form is due at the same time Campaign Treasurer's Reports are due. A copy of Form MD-ED 26 is included in the "Most Commonly Used Election Forms" section of this handbook. The form is also available at http://www.miamidade.gov/elections/library/run-for- office/md-ed26.pdf • 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 Vote-by-Mail 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 Vote-by-Mail 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 Vote-by-Mail. 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. A copy of Miami-Dade County Section 12-14.1, entitled “Vote-by-Mail Campaign Reporting Requirement” (formerly known as “Absentee Ballot Campaign Reporting Requirement”) is included in TAB 13 of this handbook. 21 THIS PAGE INTENTIONALLY LEFT BLANK 22 REPORTING OF SOLICITATION OF CONTRIBUTIONS FOR POLITICAL COMMITTEES, ELECTIONEERING COMMUNICATIONS ORGANIZATIONS, 501(c)(4) ORGANIZATIONS, AND POLITICAL PARTIES BY MUNICIPAL CANDIDATES In accordance with Miami-Dade County Ordinances Nos. 16-46 and 16-75, codified in Sections 12-14.2 and 12-14.2.1 of the Code of Miami-Dade County, Florida, respectively, municipal candidates must file form MD-ED 28 to publicly disclose their fundraising activities for Political Committees, Electioneering Communications Organizations, organizations exempt under Section 501(c)(4) of the Internal Revenue Code (except for homeowners associations) or Political Parties. A copy of Form MD-ED 28 is included in the "Most Commonly Used Election Forms" section of this handbook. The form is also available at https://www.miamidade.gov/elections/library/qualifying-handbook/reporting-of-solicitation-of- contributions.pdf Candidate Reporting Requirements Effective January 1, 2017, each candidate for municipal office in Miami-Dade County shall ensure that their designated campaign treasurer shall, within five (5) days of commencing solicitation activities, either directly or indirectly, on behalf of a Political Committee, Electioneering Communications Organization, 501(c)(4) Organization or Political Party, file a one-time report with the City Clerk indicating that the candidate is undertaking solicitation activities on behalf of such Political Committee, Electioneering Communications Organization, 501(c)(4) Organization or Political Party. The report shall identify the name of the Political Committee, Electioneering Communications Organization, 501(c)(4) Organization or Political Party on behalf of whom such funds are being solicited and a description of the relationship between the candidate and Political Committee, Electioneering Communications Organization, 501(c)(4) Organization or Political Party. The report shall be filed on a form MD-ED 28. Failure to Report / Appeals Any candidate for municipal office who fails to file the report as required by Miami-Dade County Code Sections 12-14.2 and 12-14.2.1 on the designated due date shall, for the first violation, be sent a letter of reprimand and instruction regarding the provisions of these Sections, and for each subsequent violation, 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 for municipal office. Any candidate for municipal office 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 from the City Clerk that payment is due or such appeal or dispute shall be waived. A copy Miami-Dade County Ordinances Nos. 16-46 and 16-75 is located in TAB 14 of this handbook. 23 THIS PAGE INTENTIONALLY LEFT BLANK 24 MOST COMMONLY USED ELECTION FORMS See Appendix A, under separate cover, for the most commonly used election forms. For ease of use, all the forms listed herein are available at http://web.miamibeachfl.gov/cityclerk/elections/default.aspx?id=89878 State of Florida Information and Forms DS-DE 2 (Contributions Returned) DS-DE 9 (State of Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates) ** DS-DE 12 (Campaign Treasurer's Report Summary) DS-DE 13 (Campaign Treasurer's Report - Itemized Contributions) DS-DE 14 (Campaign Treasurer's Report - Itemized Expenditures) DS-DE 14A (Campaign Treasurer's Report - Itemized Distributions) DS-DE 25 (Candidate Oath - Nonpartisan Office (MB Version)) DS-DE 73 (Campaign Loans Reports) DS-DE 73A (Campaign Loans Report Itemized) DS-DE 84 (Statement of Candidate) ** DS-DE 86 (Request for Return of Contribution) DS-DE 87 (Waiver of Report) DS-DE 125 (Poll Watcher Designation) Form 1 (Statement of Financial Interests – 2016 Tax Year) Form 9 (Quarterly Gift Disclosure) Affidavit of Financial Hardship Miami-Dade County Information and Forms MD-ED 26 (Vote by Mail Ballot Campaign Report) MD-ED 28 (Reporting of Solicitation of Contributions for PACs, ECOs and 501(c)(4) Organizations and Political Parties) Voluntary Statement of Fair Campaign Practices Voluntary Acceptance of Ethical Campaign Practices Ordinance for Candidates Not Automatically Covered by mandatory provisions Miami Beach Information and Forms City of Miami Beach Oath/Affirmation Petition in Lieu of Qualifying Fee Oath of Withdrawal ** The first two documents a person must file with the City Clerk to become a candidate are forms DS-DE 9 and DS-DE 84. CITY OF MIAMI BEACH CHARTER ARTICLE VI. - ELECTIONS[3] 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. 27 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. /s/ Signature of Candidate Sworn to and subscribed before me this ____________ day of ____________ A.D., 20 ____________. /s/ 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. (Res. No. 2014-28605, 5-21-14, passed by voters 8-26-14) Footnotes: --- (3) --- State Law reference— Florida Election Code, F.S. chs. 97—106. State Law reference— Filling vacancy in candidacy, F.S. § 166.031(6). 28 CITY OF MIAMI BEACH CODE Chapter 38 - ELECTIONS[1] Sec. 38-1. - State law adopted. Subject to provisions of Florida Statute § 100.3605, general laws of the State relating to elections which are not inconsistent or in conflict with the provisions of the Charter or this chapter are hereby adopted as part of this chapter. (Code 1964, § 10-2; Ord. No. 2013-3804, § 1, 7-17-13) State Law reference— State election code, F.S. chs. 97—106. Sec. 38-2. - City Commission to perform duties of County Board of Commissioners. Subject to provisions of Florida Statute § 100.3605, the City Commission shall perform all acts in relation to general City elections which, by the State law, are made the duty of the Board of County Commissioners. (Code 1964, § 10-3; Ord. No. 2013-3804, § 1, 7-17-13) Sec. 38-3. - Resolution by City Commission setting forth date and purpose of election, deadline for registration, polling places, change of polling places. (a) For the purpose of making proper provision for each municipal election held in the City, the City Commission shall, not less than 30 days prior to the proposed date of such election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The days and hours, prior to the date of such election during which persons qualified to vote therein may register for the election. (4) The list of polling places in the several precincts provided for by resolution. (5) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. (b) The City Commission shall further authorize and direct the City Clerk to give notice of the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and through the publication of an appropriate advertisement in a newspaper meeting the requirements set forth in Florida Statute § 50.031 once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. If any polling place designated in such resolution shall become unavailable for use as such, the County Supervisor of Elections shall designate another polling place in the manner provided by State law. (Code 1964, § 10-4; Ord. No. 2013-3804, § 1, 7-17-13) Charter reference— Qualifying for office, § 6.03. 29 Sec. 38-4. - Canvass of returns; installation of new officers. On the first business day immediately following the County Elections Supervisor's issuance of final election results, the City Commission shall meet for the purpose of canvassing the returns of such election(s) and ascertaining the results thereof. Should no Run-Off Election be necessary, new officers shall be declared elected subsequent to canvass of final General Election returns at which time the new officers shall be installed and shall enter upon the discharge of their duties; if a Run-Off Election is necessary, all new officers shall be declared elected subsequent to canvass of final Run-Off Election returns on the first business day immediately following the County Elections Supervisor's issuance of such final election results, at which time the new officers shall be installed and shall enter upon the discharge of their duties. Moreover, if a Run-Off Election is necessary, the Commission meeting(s) occurring between the date of General Election and the Commission's acceptance of final Run-Off Election returns shall occur for the limited purpose of canvassing the returns of such general election, and/or to address any emergency matter, pursuant to Florida Statute § 952.38 (as amended from time to time) and City Charter §2.05. (Code 1964, § 10-5; Ord. No. 97-3101, § 1, 10-21-97; Ord. No. 2013-3804, § 1, 7-17-13) Sec. 38-5. - Appointment and duties of City Clerk in connection with elections. The City Clerk is nominated and appointed as the responsible official of the City and is hereby empowered, authorized and directed to perform all duties and functions and to exercise all powers of the Supervisor of Elections required to be performed under this Code, the City Charter, the County Charter or Code and the laws and constitution of the State in connection with municipal elections; however, whenever any act or duty with respect to an election has been, or may be, performed by the Supervisor of Elections of the County, it shall not be necessary for the City Clerk to duplicate that act, but the Clerk may rely upon the actions of the Supervisor of Elections of the County. (Code 1964, § 10-7; Ord. No. 2013-3804, § 1, 7-17-13) Sec. 38-6. - Early voting. (a) Pursuant to Florida Statute § 101.657(1)(e), (the "Early Voting Statute"), the City of Miami Beach may provide for early voting in City elections that are not held in conjunction with County or State elections, with the ability of the City to designate as many early voting sites as necessary and to conduct its activities in accordance with the provisions of Florida Statute § 101.657(1)(a)—(c). (b) If authorized by the City Commission per subsection (a) above, early voting shall occur at Miami Beach City Hall and the North Shore Branch Library in accordance with the following schedule: (1) General Election: Early voting shall commence 15 days immediately preceding the General Election for a total of 14 consecutive days. (2) Run-Off Election: Early voting shall occur on the Saturday and Sunday immediately preceding any Run-Off Election. (3) Special Election-stand alone (not otherwise held in conjunction with General or Run-Off Election) 2 : Early voting shall commence 15 days immediately preceding such Special Election for a total of 14 consecutive days. (c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the City of Miami Beach. 30 (d) The remaining paragraphs of Florida Statute § 101.657, exclusive of paragraph (1)(d) thereof, shall continue to apply to the City's General, Run-Off and Special Elections as provided by law. (e) The City Commission may, by resolution, adopted in advance of a General, Run-Off or Special Election that is not held in conjunction with a County or State election per subsection (a) above, alter the sites and/or schedule of days (and times, when early voting is either not conducted by the County Supervisor of Elections, or when the Supervisor is conducting the early voting but has not exercised the discretion to determine the early voting hours) for early voting from that which is provided above. (f) The City Clerk is hereby authorized to take any action not otherwise inconsistent with State or County law, which is necessary or expedient to implement early voting in accordance with this section. (Ord. No. 2005-3492, § 2, 9-8-05; Ord. No. 2013-3804, § 1, 7-17-13) 2 The Early Voting time period for any Special Election held in conjunction with a General or Run-Off Election shall occur in accordance with the respective time periods set forth above in Code section 38-6(b)(1), (2). Sec. 38-7. - Petitions. Each signer of an initiative, referendum or recall petition submitted pursuant to Article VII of the City Charter or Florida law, shall place thereon, his or her name (both printed and signed), his or her street address including City and State, his or her date of birth or voter registration number, and the date on which he or she signed the petition. Each person circulating a copy of the petition shall attach to it a statement confirming that the circulator personally witnessed each person whose signature appears on the petition personally sign the petition on each of the respective dates set forth therein. (Ord. No. 2013-3804, § 1, 7-17-13) Footnotes: --- (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, F.S. chs. 97—106. Sec. 38-8. Reserved. (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 F.S. ch. 106 shall file such reports by means of the city's electronic filing system. (1) Any failure to file reports on the designated due date shall subject the violator to those penalties provided in said [F.S.] ch. 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. 31 (b) Definitions. (1) "Person," "candidate," "political committee," and "electioneering communications organization" shall have the meanings ascribed to such terms in F.S. ch. 106. (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 F.S. ch. 106. (Ord. No. 2016-4066, § 1, 12-14-16) 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. (Ord. No. 2016-4066, § 1, 12-14-16) Sec. 38-11. Technical assistance. The city clerk shall provide technical assistance to those subject to the electronic filing requirements set forth above. The city commission may, by resolution, establish a schedule of fees for such technical assistance. (Ord. No. 2016-4066, § 1, 12-14-16) 32 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) i. No candidate or campaign committee of a candidate for the offices of mayor or commissioner, or member of the City Commission, shall directly or indirectly solicit, accept 2 or deposit into such candidate's campaign account any campaign contribution from a vendor. Candidates (or those acting on their behalf), as well as members of the City Commission, 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. ii. For purposes of Subsection A(1)(b)i. hereinabove, the term "indirectly solicit" shall be defined as the situation in which a candidate, campaign committee of a candidate, or member of the City Commission actively coordinates or directs another person or entity to solicit a vendor for a campaign contribution, as prohibited above. The term "indirectly" shall also be defined to include those instances in which a candidate for the offices of Mayor or Commissioners, or a member of the City Commission, solicits a vendor for campaign contributions for a political committee that supports or opposes candidates for City elected office. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving, accepting 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 33 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 that 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 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 city clerk's office). (d) The term "political committee" shall have the meaning ascribed to such term in Florida Statutes Ch. 106, as amended and supplemented. (e) The term "candidate" shall have the meaning ascribed to such term in Florida Statutes, section 97.021(5), as amended and supplemented. 34 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. (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; Ord. No. 2016- 3991, § 1, 1-13-16) 2 This portion of the City's Campaign Finance Law prohibiting direct or indirect solicitation or acceptance of certain campaign contributions, applicable to Code Section 2-487 through and including 2-490, shall be effective as of March 1, 2016, in order to obviate issues of unlawful retroactive legislation. 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, equipment or services not exceeding 35 $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) i. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, or member of the City Commission, shall directly or indirectly solicit, accept, or deposit into such candidate's campaign account any campaign contribution from a lobbyist subject to the provisions of this ordinance. Candidates (or those acting on their behalf), as well as members of the City Commission, shall ensure compliance with this code section by confirming with the city clerk's records to verify the lobbyist status of any potential donor. ii. For purposes of Subsection (1)(b)i. hereinabove, the term "indirectly solicit" shall be defined as the situation in which a candidate, campaign committee of a candidate, or member of the City Commission actively coordinates or directs another person or entity to solicit a lobbyist on a procurement issue for a campaign contribution, as prohibited above. The term "indirectly" shall also be defined to include those instances in which a candidate for the offices of Mayor or Commissioners, or a member of the City Commission, solicits a lobbyist on a procurement issue for campaign contributions for a political committee that supports or opposes candidates for City elected office. (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, accepting 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. (4) The term "contribution" shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented. (5) The term "political committee" shall have the meaning ascribed to such term in Florida Statutes Ch. 106, as amended and supplemented. 36 (6) The term "candidate" shall have the meaning ascribed to such term in Florida Statutes, § 97.021(5), 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; Ord. No. 2016-3991, § 1, 1-13-16) 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) i. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, or member of the City Commission, shall directly or indirectly solicit, accept, or deposit into such candidate's campaign account any campaign contribution from a real estate developer. Candidates (or those acting on their behalf), as well as members of the City Commission, 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. ii. For purposes of Subsection A(1)(b)i. hereinabove, the term "indirectly solicit" shall be defined as the situation in which a candidate, campaign committee of a candidate, or member of the City Commission actively coordinates or directs another person or entity to solicit a real estate developer for a campaign contribution, as prohibited above. The term "indirectly" shall also be defined to include those instances in which a candidate for the offices of Mayor or Commissioners, or a member of the City Commission, solicits a real estate developer for campaign contributions for a political committee that supports or opposes candidates for City elected office. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving, accepting 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. 37 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. 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. (d) The term "political committee" shall have the meaning ascribed to such term in Florida Statutes Ch. 106, as amended and supplemented. (e) The term "candidate" shall have the meaning ascribed to such term in Florida Statutes, section 97.021(5), 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. 38 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; Ord. No. 2016-3991, § 1, 1- 13-16) 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) i. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, or member of the City Commission, shall directly or indirectly solicit, accept or deposit into such candidate's campaign account any campaign contribution from a lobbyist subject to the provisions of this section. Candidates (or those acting on their behalf), as well as members of the City Commission, 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. ii. For purposes of Subsection (1)(b)i. hereinabove, the term "indirectly solicit" shall be defined as the situation in which a candidate, campaign committee of a candidate, or member of the City Commission actively coordinates or directs another person or entity to solicit a lobbyist on a real estate development issue for a campaign contribution, as prohibited above. The term "indirectly" shall also be defined to include those instances in which a candidate for the offices of Mayor or Commissioners, or a member of the City Commission, solicits a lobbyist on a real estate development issue for campaign contributions for a political committee that supports or opposes candidates for City elected office. (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 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 39 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, accepting 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. (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. (7) The term "political committee" shall have the meaning ascribed to such term in Florida Statutes Ch. 106, as amended and supplemented. (8) The term "candidate" shall have the meaning ascribed to such term in Florida Statutes, section 97.021(5), as amended and supplemented. (Ord. No. 2003-3395, § 1, 3-5-03; Ord. No. 2005-3486, § 4, 6-8-05; Ord. No. 2016-3991, § 1, 1- 13-16) Secs. 2-491—2-510. - Reserved. 40 CITY OF MIAMI BEACH CODE ELECTION/FREE SPEECH SIGNS ARTICLE III – SPECIFIC DISTRICT SIGN REGULATIONS Sec. 138-61. Display of signs or advertisement on vehicles; prohibitions; exemptions; penalties. (a) Signs attached to or placed on a vehicle (including trailers) that is parked on public or private property shall be prohibited. This prohibition, however, does not apply in the following cases: 1. Identification of a firm or its principal products on a vehicle operating during the normal hours of business or parked at the owner's residence; provided, however, that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle for the purpose of advertising a business or firm or calling attention at the location of a business or firm. 2. Vehicles carrying advertising signs dealing with the candidacy of individuals for elected office or advertising propositions to be submitted and voted upon by the people. This exemption, however, shall cease seven days after the date of the election in which the person was finally voted upon. 3. Vehicles which require governmental identification, markings or insignias of a local, state or federal government agency. 4. Signs that are authorized under chapter [section] 10-4(b) and BA-276 of the Code of Miami-Dade County. 5. All other signs on vehicles advertising a business or firm shall be removed or covered when the vehicle is parked on public or private property. 6. All allowable signs on vehicles, which are removable, are to be removed during non-business hours. (b) It shall be unlawful for any person to operate an advertising vehicle in or upon the following streets and highways under the city's jurisdiction: all of Ocean Drive, and the residential area bounded by and including 6th Street on the south, North Lincoln Lane on the north, Lenox Avenue on the west, and Drexel Avenue and Pennsylvania Avenue on the east. An advertising vehicle is any wheeled conveyance designed or used for the primary purpose of displaying advertisements. Advertising vehicles shall not include or attach any trailers or haul any other vehicle or trailer. This section shall not apply to: 1. Any vehicle which displays an advertisement or business notice of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly, or primarily to display advertisements; 41 2. Mass transit, public transportation; 3. Taxicabs; or 4. Any vehicle exempted under section 138- 61(a), above. (c) Penalties. A violation of the provisions of subsection (a) shall be subject to the enforcement procedures and fines set forth in chapter 30, article III of this Code. A violation of the provisions of subsection (b) shall be subject to the penalties set forth in section 1-14 of this Code. (Ord. No. 2016-4045, § 1, 10-19-16) (Ord. No. 2016-4045, § 1, 10-19-16) ARTICLE IV – TEMPORARY SIGNS Sec. 138-133. Temporary signs regulations for business, real estate, construction, and election/free speech signs. (a) Purpose and intent. Temporary signs are being regulated equally, ensuring the same setback, height, and other regulations for temporary signs. The terms “temporary business, real estate, construction, and election/free speech signs” are by way of example and are not meant to be utilized to improperly distinguish content. This section should be constructed consistent with Reed v. Gown of Gilbert, Arizona, 135 S.Ct. 2218 (2015). (b) Setback, height regulations for temporary business, real estate, construction, and election/free speech signs. Unless affixed to a fence or an existing building. Detached signs shall be setback ten feet from any property line. Maximum height to the top of a detached sign affixed to posts or a fence shall be five feet above grade in a single family and multifamily residential districts and 12 feet above grade in all other districts. Maximum height to the top of a flat sign affixed to a building shall not extend above the first floor in single-family and multifamily districts and shall not extend above the second story of such building in all other districts. (c) Timeframe, removal. Temporary signs shall only be allowed for a period beginning with the temporary activity that is the subject of the sign and must be removed within seven days from the date the temporary activity ceases. 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. (d) Number. There shall be a maximum of one temporary sign per street frontage, with the exception of election/free speech signs. Which shall not exceed one temporary sign per residential or commercial unit. (e) Copy. Artistic murals or ornamental signs are permitted on construction fences surrounding a construction site, subject to the provisions contained herein and design review approval. 42 (f) Type. Signs may be flat wall signs, part of a fence, or rigid detached signs, affixed to posts or a construction fence. Banners are prohibited. The sign area for window signs shall not exceed ten percent of total window area. (g) Size, single-family. The sign area for single-family signs shall not exceed four square feet. (h) Size, multifamily. The sign area for a multifamily zoning district shall not exceed 16 square feet. (i) Size, all other districts. 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. (j) [Design review.] With the exception of election/free speech signs and temporary window signs, all signs shall be reviewed under the design review process. (Ord. No. 2106-4045, § 1, 10-19-16) Sec. 138-134. Election headquarter signs. 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. (Ord. No. 2106-4045, § 1, 10-19-16) 43 THIS PAGE INTENTIONALLY LEFT BLANK 44 MIAMI-DADE COUNTY CODE VOTE-BY-MAIL CAMPAIGNING REPORTING REQUIREMENT 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) 45 THIS PAGE INTENTIONALLY LEFT BLANK 46 MIAMI-DADE COUNTY ORDINANCES # 16-46 AND 16-75 Reporting of Solicitation of Contributions For Political Committees, Electioneering Communications Organizations, 501(c)(4) Organizations and Political Parties. 47 THIS PAGE INTENTIONALLY LEFT BLANK 48 Approved Veto Override Mayor Amended Agenda Item No. 7(A) 5-17-16 ORDINANCE NO, 16 - 4 6 ORDINANCE CREATING SECTION 12-14,2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR REPORTING REQUIREMENTS FOR COUNTY AND MUNICIPAL ELECTED OFFICERS AND CANDIDATES REGARDING SOLICITATION OF CONTRIBUTIONS FOR POLITICAL COMMITTEES AND ELECTIONEERING COMMUNICATIONS ORGANIZATIONS; PROVIDING PENALTIES FOR FAILURE TO REPORT; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Board believes that transparency and accountability in government is fundamental to the public's faith in the democratic process; and WHEREAS, this Board desires that campaign fundraising activities by candidates and public officials be transparent and accessible by all residents of Miami-Dade County; and WHEREAS, fundraising through political committees and electioneering communications organizations creates the potential for anonymous campaign fundraising that can function as a barrier between citizens and those seeking to represent them in elective office; and WHEREAS, state law and the rules of the Florida legislature currently require that some state officers and legislators disclose when they fundraise for political committees or electioneering communication organizations; and WHEREAS, this Board desires to establish similar requirements for County and municipal officials and candidates within Miami-Dade County; and 49 Amended Agenda Item No. 7(A) Page 2 WHEREAS, requiring public officials and candidates to publicly disclose their fundraising activities for political committees or electioneering communications organizations would provide needed sunlight on the campaign fundraising process and allow voters to make informed decision about candidates, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section I. Section 12-14.2 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety: Sec. 12-14.2. County and Municipal Elected Officer and Candidate Reporting Requirements for Political Committee and Electioneering Communication Organization Solicitations. (1) Effective January 1, 2017, each candidate for County or municipal office in Miami-Dade County shall insure that their designated campaign treasurer shall, within five (5) days of commencing solicitation activities, either directly or indirectly, on behalf of a political committee or electioneering communications organization, file a one- time report with the Supervisor of Elections or other applicable filing officer indicating that the candidate is undertaking solicitation activities on behalf of such political committee or electioneering communications organization. The report shall identify the name of the political committee or electioneering communications organization on behalf of whom such funds are being solicited and a description of the relationship between the candidate and the political committee or electioneering communications organization. The report shall be filed on a form created by the Supervisor of Elections for such purpose. (2) Effective January 1, 2017, upon commencement of any solicitation activities undertaken on behalf of any political committee or electioneering communications organization, each County or municipal elected officer in Miami-Dade County who is not also a candidate for another County or 50 Amended Agenda Item No. 7(A) Page 3 municipal office shall, within five (5) days of commencing solicitation activities, either directly or indirectly, on behalf of a political committee or electioneering communications organization, file a one-time report with the Supervisor of Elections or other applicable filing officer indicating that the officer is undertaking solicitation activities on behalf of such political committee or electioneering communications organization. The report shall identify the name of the political committee or electioneering communications organization on behalf of whom such funds are being solicited and a description of the relationship between the officer and the political committee or electioneering communications organization. The report shall be filed on a form created by the Supervisor of Elections for such purpose. (3) Any County or municipal elected officer or candidate who fails to file a report as required by this section on the designated due date shall, for the first violation, be sent a letter of reprimand and instruction regarding the provisions of this Section, and for each subsequent violation, 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 or officer. Any candidate or officer 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 from the Supervisor of Elections that payment is due or such appeal or dispute shall be waived. Section Z. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. 51 Amended Agenda Item No. 7(A) Page 4 Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: May 17 , 2016 Approved by County Attorney as to form and legal sufficiency: Prepared by: Oren Rosenthal Prime Sponsor: Commissioner Daniella Levine Cava Co-Sponsor: Commissioner Sally A. Heyman 52 Approved Mayor Agenda Item. No. 7( 0) Veto 7-6-16 Override ORDINANCE NO. 16-75 ORDINANCE CREATING SECTION 12-14.2.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR REPORTING REQUIREMENTS FOR COUNTY AND MUNICIPAL ELECTED OFFICERS AND CANDIDATES REGARDING SOLICITATION OF CONTRIBUTIONS FOR ORGANIZATIONS EXEMPT FROM TAXATION UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE AND POLITICAL PARTIES; PROVIDING PENALTIES FOR FAILURE TO REPORT; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Board believes that transparency and accountability in government is fundamental to the public's faith in the democratic process; and WHEREAS, this Board desires that campaign fundraising activities by candidates and public officials be transparent and accessible by all residents of Miami-Dade County; and WHEREAS, fundraising through organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code ("501(0(4) Organizations") and political parties create the potential for anonymous campaign fundraising that can function as a barrier between citizens and those seeking to represent them in elective office; and WHEREAS, state law and the rules of the Florida legislature currently require that some state officers and legislators disclose when they fundraise for a 501(0(4) Organizations; and WHEREAS, this Board desires to establish similar requirements for County and municipal officials and candidates within Miami-Dade County as they relate to both 501(c)(4) Organizations and political parties; and 53 Agenda Item No. 7(c) Page 2 WHEREAS, requiring public officials and candidates to publicly disclosure their fundraising activities for 501(e)(4) Organizations and political parties would provide needed sunlight in the campaign fundraising process and allow voters to make informed decision about candidates, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 12-14.2.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows: Sec. 12-14.2.1 County and Municipal Elected Officer and Candidate Reporting Requirements for Organizations Exempt Under Section 501(0)(4) of the Internal Revenue Code or Political Party Solicitations. (1) >>Effective January 1, 2017, each candidate for County or municipal office in Miami-Dade County shall insure that their designated campaign treasurer shall, within five CD days of commencing solicitation activities, either directly or indirectly, on behalf of an organization exempt under Section 501(c)(4) of the Internal Revenue Code except for home owners associations ("501(c)(4) Organization") or a political party, file a one-time report with the Supervisor of Elections or other applicable filing officer indicating that the candidate is undertaking solicitation activities on behalf of such 501(c)(4) Organization or political party. The report shall identify the name of the 501(c)(4) Organization or political party on behalf of whom such funds are being solicited and a description of the relationship between the candidate and the 501(c)(4) Organization or political party,<< n [[Each candidate for County or municipal office campaign treasurer shall, at the time of filing any contribution or expenditure reports othenpvise-feepiifeel-by law, file an additional electronic report with the Supervisor of Elections or other applicable filing officer regarding solicitation activities on behalf of any organization exempt 1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added. . 7.1 54 Agenda Item No, 7( 0) Page 3 from taxation under Section 501(c)(4) of the Internal Revenue -Cede ("501(c)(4) Organization") or political party. The report shall identify each contribution successfully solicited, directly or indirectly,---by—the eandidate,-the name of the person or entity contributing the party on behalf of whom sue •-• d, the amount of the contribution, and a description of the relationship between the candidate and the 501(c)(1) Organization or political party, if any]] The report shall be filed on a form created by the Supervisor of Elections for such purpose. HA candidate may comply with the reporting requirements of this subsection by filing a one time report indicating that all contributi. • Organization or-political party were solicited either directly or indirectly by the candidate, Upon filing such-reportne further reports shall be required under this subsection for or political party during any reporting period.]] (2) >>Effective January 1, 2017, upon commencement of any solicitation activities undertaken on behalf of a 501(4(4) Organization or a political party, each County or municipal elected officer in Miami-Dade County who is not also a candidate for another County or municipal office shall, within five (5) days of commencing solicitation activities, either directly or indirectly, on behalf of a 501(c)(4) Organization or a political party, file a one-time report with the Supervisor of Elections or other applicable filing officer indicating that the officer is undertaking solicitation activities on behalf of such 501(e)(4) Organization or political party. The report shall identify the name of the 50I(c)(4) Organization or political party on behalf of whom such funds are being solicited and a description of the relationship between the officer and the 501(o)(4) Organization or political party.<< Z . of any solicitation activities undertaken on behalf of any 50-1-(o)(1) Organization or political party, each County or municipal elected officer in Mianii Dade County who is not also a candidate for der-of the officer's term of office, file an electronic report with the Supervisor of-glections or other applicable filing officer regarding , . solicited, directly or indirectly, by the officer, the name-of -he-funds3-the-name-of-the 501(c)(4) Organization or political party on behalf of whom 55 Agenda Item No. 7( 0) Page 4 such funds were solicited, the amount of the contribution, and the 501(c)(1) Organization or political party, if any.]] The report shall be filed on a form created by the Supervisor of Elections for such purpose. [[A County or municipal-ele • C " requirements of this subsectien-by-filing a one time report Organization or poi ; - direetly or indirectly by the County or municipal elected official. Upon filing such rep; , • : 1-bc required under this subsection for solicitations on behalf the identified 501(c)(4) Organization or political party during term.]] (3) Any County or municipal elected officer or candidate who fails to file a report as required by this section on the designated due date shall >>, for the first violation, be sent a letter of instruction regarding the provisions of this Section, and for each subsequent violation, << 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 or officer. Any candidate or officer 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 from the Supervisor of Elections that payment is due or such appeal or dispute shall be waived. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may 56 Agenda Item No. 7 (0) Page 5 be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: July 6, 2016 Approved by County Attorney as to form and legal sufficiency: Prepared by: Oren Rosenthal Prime Sponsor: Commissioner Juan C. Zapata Co-Sponsor: Commissioner Daniella Levine Cava 57 THIS PAGE INTENTIONALLY LEFT BLANK 58