Ordinance 88-2621 ORDINANCE NO. 88-2621
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION" BY REPEALING
ARTICLE II THEREIN ENTITLED "QUALIFYING AS CANDIDATE
FOR CITY COUNCIL" ; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Article II (Miami Beach City Code Sections 2-33 through and
including 2-42) entitled "Qualifying as Candidate for City
Council" of Chapter 2 of the Miami Beach City Code governing
"Administration" reading as follows is hereby repealed in its
entirety:
Article II. Qualifying as Candidate for City Council
Sec. 2-33. To qualify with city clerk; time.
Candidates for the office of city councilman or mayor shall
qualify with the city clerk not more than forty-five days nor
less than thirty days prior to the election for the office of
city councilman or mayor.
Sec. 2-34. Fee; photographing and fingerprinting; oath.
Candidates for the office of city councilman or mayor shall
qualify by paying to the city clerk a fee of one hundred fifty
dollars as a qualifying fee, by being photographed and
fingerprinted by the identification bureau of the city police
department and by signing the oath required by this article.
Sec. 2-35. Candidates to be qualified electors of city.
Candidates for the office of city councilman or mayor shall
be qualified electors of the city.
Sec. 2-36. Contents, filing and form of oath.
Every candidate for the office of city councilman or mayor
1
shall take, sign and subscribe to an oath or affirmation in
writing in which he will state,
(a) The title of the office for which he is a candidate.
(b) That he is a qualified elector of the city.
(c) His legal residence by street and number.
(d) Whether or not he has ever been convicted of a felony.
(e) That he is qualified under this Code, the ordinances
and Charter of the city to hold the office for which he is a
candidate.
(f) That he has paid the qualifying fee required by section
2-34 .
(g) That he has not violated any of the ordinances or laws
of the city or of the state relating to the election or
registration of electors.
(h) That he is not a member of nor does he subscribe to the
principles of any group that seeks to overthrow the government or
the Constitution of the United States of America.
Such oath or affirmation shall be filed with the city clerk
simultaneously with the payment of the required qualifying fee.
Such oath or affirmation shall be substantially in the following
form:
State of Florida
County of Dade
Before Me, an officer authorized to administer oaths,
personally appeared to me well known who, being by
me duly sworn, deposes and says that he is a candidate for the
office of (City Councilman) (Mayor) (strike out the inapplicable
word or words) for the City of Miami Beach, Florida; that he is a
qualified elector of said City; that his legal residence is
, Miami Beach, Dade County, Florida; that he
has, has not (strike out the inapplicable word or words) been
convicted of a felony; that he is qualified under the ordinances
and Charter of said City to hold such office; that he has paid
the required qualification fee; that he has not violated any of
the ordinances or laws of the City of Miami Beach or of the State
of Florida relating to the elections or registration of electors,
and that he is not a member of, nor does he subscribe to the
principles of any group that seeks to overthrow the government or
the Constitution of the United States of America.
2
(Signature of Candidate)
Sworn to and subscribed before me this day of
, 19
(Authorized Officer)
Sec. 2-37. Oath to be accompanied by fee.
All persons who have paid the qualifying fee, signed the
oath or affirmation and who shall have been photographed and
fingerprinted, as provided in this article, shall be qualified
candidates for the office of city councilman or mayor, as the
case may be, at the next election, and the city clerk shall print
their names on the ballot in alphabetical order.
Sec. 2-38. Names of qualified candidates to be printed on
ballot.
The city clerk shall not accept any oath or affirmation for
filing unless the same is accompanied by the payment of the
required qualifying fee.
Secs. 2-39 to 2-42. Reserved.
SECTION 2 . REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on June 25 , 1988 .
PASSED and ADOPTED on this 15th day of .ne , 1988 .
MAY.
ATTEST:
CITY CLERK
1st Reading - June 1, 1988
JKO/rg 2nd Reading - June 15, 1988
F=ORM APPROVED
LEG L DEPT. 3
By
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