Resolution 2022-320762022-32070
RESOLUTION NO_
A RESOLUTION OF THE MAYOR AND CITV COMMISSION OF THE CITY
OF MIAMI BEACH FLORICA, REQUESTING THE MIAMI-CAGE COUNTY
COMMISSION ON ETHICS ANC PUBLIC TRUST TO CONSICER,
APPROVE ANC RECOMMENC TO THE MIAMI CAGE COUNTY
COMMISSION AN AMENDMENT TO MIAMI-CAVE COUNTY COCE
SECTION 2-11.1 _1, THE COU NTY'S ETHICAL PRACTICES CAMPAIGN
ORCINANCE, REQUIRING THE CISCLOSURE OF EMAIL ACCRESSES IN
CAMPAIGN MAILERS TO ENABLE PERSONS WISHING TO OPT -OUT OF
RECEIVING THESE MAILERS THE REASONABLE OPPORTUNITY TO CO SO.
WHEREAS, Section 2-11 _1 .1 of the Miami-E)ade County Code sets forth the County's
"Ethical Practices Campaign Ordinance", applicable to candidates and their staffs for designated
County elective offices and municipal elective offices within Miami -made County;
WHEREAS, persons subject to the Ethical Campaign Practices Ordinance are to observe
and uphold the basic principles (:)fa fair election in the course of their campaign activities, including
statements made by such persons in their political advertisements, as set forth within the
Ordinance's list of fair campaign practices;
WHEREAS, pursuant to concerns expressed by City residents, the Miami Beach City
Commission believes that the County's Ethical Practices Campaign Ordinance which was
intended to instill citizen confidence in our electoral and political processes, is being subverted by
the ubiquitous barrage of campaign mailers flooding the mailboxes of City and County residents
during our local election seasons, which campaign mailers are often unwelcome and disruptive
due to their sheer and seemingly unending volume;
WHEREAS, objecting residents who wish to opt -out of receiving these campaign mailers
are effectively unable to do so because the mailers do not contain associated email addresses
(the Florida Election Code requires the disclosure of street, not email, addresses of persons
paying for certain political communications');
WHEREAS, the Mayor and City Commission herein declare that the basis for amending
the County's Ethical Practices Campaign Ordinance to require such email addresses is grounded
in valid government concerns that protect the integrity of the election process by promoting
truthfulness in campaign advertising, by fostering fairness and civility in election campaigns and
See, inter a/ia, Florida Statute Section 106.143(1)(c), political ads paid for by other than a
candidate, must include name and address of persons paying for ad; Fla. Stat. 106.143(1)(d), any
political advertisement made pursuant to Florida Statute Section 106.021 (3)(d) must prominently
state the name and address of the political committee or political party paying for the
advertisement; Fla. Stat. 106.1439(1), any electioneering communication, other than a text
message or a telephone call, must prominently state the name and address of persons who paid
for the electioneering communication; Fla_ Stat_ 106.071(2), any political advertisement paid for
by an independent expenditure shall prominently state the donor's name and address.
by increasing the fund of information available to the electorate' —all of which will enhance the
purpose and spirit of the County's Ordinance; and
WHEREAS, inasmuch as the Miami -Dade County Ethics Commission is vested with
jurisdiction to review the County's Ethical Practices Campaign Ordinance3, the Miami Beach City
Commission respectfully requests that the Ethics Commission consider this proposed
amendment to the County's Ethical Practices Campaign Ordinance and approve/recommend
such amendment for adoption by the Miami -Dade County Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami -Dade County
Commission on Ethics and Public Trust is respectfully requested to consider, approve and
recommend to the Miami -Dade County Commission an amendment to Miami -Dade County
Code Section 2-11.1.1, the County's Ethical Practices Campaign Ordinance, to require the
disclosure of email addresses in campaign mailers to enable persons wishing to opt -out of
receiving these mailers the reasonable opportunity to do so.
PASSED and ADOPTED this q dayof 2022.
ATTEST:
'5��
MAR 1 1 2022 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
(Requested by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CRYA WW o�
2 See, Doe v. Mortham, 708 So.2d 929 (Fla. 1998), upholding the facial constitutionality of certain
Florida laws requiring reporting and identification requirements on paid political advertisements
promulgated in conjunction with formal campaigns and party apparatuses.
3 Miami -Dade County Code Section 2-11.1.1 (B). See also, County Code Section 2-1072(c):
"The Ethics Commission shall from time to time review County and municipal Conflict of Interest
and Code of Ethics Ordinances, Lobbyist Registration and Reporting Ordinances, Ethical
Campaign Practices Ordinances, ...".
iK
Resolyrtions - C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 9, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
COMMISSION ON ETHICS AND PUBLIC TRUST TO CONSIDER,
APPROVE AND RECOMMEND TO THE MIAMI DADE COUNTY
COMMISSION AN AMENDMENT TO MIAMI-DADE COUNTY CODE
SECTION 2-11.1.1, THE COUNTY'S ETHICAL PRACTICES CAMPAIGN
ORDINANCE, REQUIRING THE DISCLOSURE OF EMAIL ADDRESSES IN
CAMPAIGN MAILERS TO ENABLE PERSONS WISHING TO OPT -OUT OF
RECEIVING THESE MAILERS THE REASONABLE OPPORTUNITY TO DO
SO.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above -referenced Resolution is
submitted for consideration by the Mayor and City Comrission at the March 9 , 2022 Commission
meeting.
• ► ► 0
�-
0
Is this a "Residents Right
IQ Know" item. pursuant to
Cily rode Section 2-14?
No
Legislative Tracking
Office of the City Attorney
sor
Commissioner Alex Fernandez
Does this item utilize G-O.
Bond Funds?
No
Page 208 of 874
ATTACHMENTS:
Description
o Resolution
Page 209 of 874
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-741 1
March 11, 2022
Jose J. Arrojo, Executive Director
Miami -Dade Commission on Ethics and
Public Trust Overtown Transit Village North
701 Northwest 1st Court, 8th Floor
Miami, Florida 33136
Dear Executive Director Jose J. Arrojo
Attached please find a copy of City of Miami Beach Resolution No. 2022-32076:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
COMMISSION ON ETHICS AND PUBLIC TRUST TO CONSIDER, APPROVE
AND RECOMMEND TO THE MIAMI DADE COUNTY COMMISSION AN
AMENDMENT TO MIAMI-DADE COUNTY CODE SECTION 2-11.1.1, THE
COUNTY'S ETHICAL PRACTICES CAMPAIGN ORDINANCE, REQUIRING THE
DISCLOSURE OF EMAIL ADDRESSES IN CAMPAIGN MAILERS TO ENABLE
PERSONS WISHING TO OPT -OUT OF RECEIVING THESE MAILERS THE
REASONABLE OPPORTUNITY TO DO SO.
(Sponsored by Commissioner Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commissioners of the City of
Miami Beach on March 9, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Alex J. Fernandez
2022-32076
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
COMMISSION ON ETHICS AND PUBLIC TRUST TO CONSIDER,
APPROVE AND RECOMMEND TO THE MIAMI DADE COUNTY
COMMISSION AN AMENDMENT TO MIAMI-DADE COUNTY CODE
SECTION 2-11.1.1, THE COUNTY'S ETHICAL PRACTICES CAMPAIGN
ORDINANCE, REQUIRING THE DISCLOSURE OF EMAIL ADDRESSES IN
CAMPAIGN MAILERS TO ENABLE PERSONS WISHING TO OPT -OUT OF
RECEIVING THESE MAILERS THE REASONABLE OPPORTUNITY TO DO SO.
WHEREAS, Section 2-11.1.1 of the Miami -Dade County Code sets forth the County's
"Ethical Practices Campaign Ordinance", applicable to candidates and their staffs for designated
County elective offices and municipal elective offices within Miami -Dade County;
WHEREAS, persons subject to the Ethical Campaign Practices Ordinance are to observe
and uphold the basic principles of a fair election in the course of their campaign activities, including
statements made by such persons in their political advertisements, as set forth within the
Ordinance's list of fair campaign practices;
WHEREAS, pursuant to concerns expressed by City residents, the Miami Beach City
Commission believes that the County's Ethical Practices Campaign Ordinance which was
intended to instill citizen confidence in our electoral and political processes, is being subverted by
the ubiquitous barrage of campaign mailers flooding the mailboxes of City and County residents
during our local election seasons, which campaign mailers are often unwelcome and disruptive
due to their sheer and seemingly unending volume;
WHEREAS, objecting residents who wish to opt -out of receiving these campaign mailers
are effectively unable to do so because the mailers do not contain associated email addresses
(the Florida Election Code requires the disclosure of street, not email, addresses of persons
paying for certain political communications');
WHEREAS, the Mayor and City Commission herein declare that the basis for amending
the County's Ethical Practices Campaign Ordinance to require such email addresses is grounded
in valid government concerns that protect the integrity of the election process by promoting
truthfulness in campaign advertising, by fostering fairness and civility in election campaigns and
' See, inter alia, Florida Statute Section 106.143(1)(c), political ads paid for by other than a
candidate, must include name and address of persons paying for ad; Fla. Stat. 106.143(1)(d), any
political advertisement made pursuant to Florida Statute Section 106.021(3)(d) must prominently
state the name and address of the political committee or political party paying for the
advertisement; Fla. Stat. 106.1439(1), any electioneering communication, other than a text
message or a telephone call, must prominently state the name and address of persons who paid
for the electioneering communication; Fla. Stat. 106.071(2), any political advertisement paid for
by an independent expenditure shall prominently state the donor's name and address.
by increasing the fund of information available to the electorate' —all of which will enhance the
purpose and spirit of the County's Ordinance; and
WHEREAS, inasmuch as the Miami -Dade County Ethics Commission is vested with
jurisdiction to review the County's Ethical Practices Campaign Ordinance3, the Miami Beach City
Commission respectfully requests that the Ethics Commission consider this proposed
amendment to the County's Ethical Practices Campaign Ordinance and approve/recommend
such amendment for adoption by the Miami -Dade County Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami -Dade County
Commission on Ethics and Public Trust is respectfully requested to consider, approve and
recommend to the Miami -Dade County Commission an amendment to Miami -Dade County
Code Section 2-11.1.1, the County's Ethical Practices Campaign Ordinance, to require the
disclosure of email addresses in campaign mailers to enable persons wishing to opt -out of
receiving these mailers the reasonable opportunity to do so.
PASSED and ADOPTED this f day of lware4- , 2022.
ATTEST:
MAR 1 12022 tan_G�elber, Mayor
Rafael E. Granado, City Clerk
(Requested by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C+ey n*WW
3—I— Z2
' See, Doe v. Mortham, 708 So.2d 929 (Fla. 1998), upholding the facial constitutionality of certain
Florida laws requiring reporting and identification requirements on paid political advertisements
promulgated in conjunction with formal campaigns and party apparatuses.
3 Miami -Dade County Code Section 2-11.1.1 (B). See also, County Code Section 2-1072(c):
"The Ethics Commission shall from time to time review County and municipal Conflict of Interest
and Code of Ethics Ordinances, Lobbyist Registration and Reporting Ordinances, Ethical
Campaign Practices Ordinances, ...".
E
Granado, Rafael
From: Granado, Rafael
Sent: Friday, March 11, 2022 10:44 AM
To: Arrojo, Jose (COE)
Cc: Granado, Rafael; jean olin
Subject: RE: Proposed Resolution Re: Ethical Campaign Practices Ordinance
Attachments: 2022-32076.pdf
Good afternoon Mr. Arrojo
Attached please find a copy of City of Miami Beach Resolution No. 2022-32076:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA, REQUESTING THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND
PUBLIC TRUST TO CONSIDER, APPROVE AND RECOMMEND TO THE MIAMI DADE
COUNTY COMMISSION AN AMENDMENT TO MIAMI-DADE COUNTY CODE SECTION 2-
11.1.1, THE COUNTY'S ETHICAL PRACTICES CAMPAIGN ORDINANCE, REQUIRING THE
DISCLOSURE OF EMAIL ADDRESSES IN CAMPAIGN MAILERS TO ENABLE PERSONS
WISHING TO OPT -OUT OF RECEIVING THESE MAILERS THE REASONABLE
OPPORTUNITY TO DO SO.
(Sponsored by Commissioner Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on
March 9, 2022.
A copy will also be sent via U.S. Mail.
Regards.
MIAMIBEACH
WEAR A MASK.
SAVE LIVES.
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel:305.673.7411 rafaelgranado(cDmiamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
From: Arrojo, Jose (COE) <Jose.Arrojo@miamidade.gov>
Sent: Wednesday, March 9, 2022 5:37 PM
To: Granado, Rafael <RafaelGranado@miamibeachfl.gov>
Subject: Proposed Resolution Re: Ethical Campaign Practices Ordinance
Rafael,
Good afternoon.
I am committed to doing some follow-up with my Ethics Commission board in response to a resolution
proposed by Commissioner Fernandez that is due for consideration by the Beach Commission this week. I
spoke to the Commissioner earlier this week.
Please be kind enough to share the proposed resolution and any agenda item attachments with me if the same is
adopted by the Commission.
Thank you so much and I hope that you are well.
Regards,
Jose
Jose J. Arrojo
Executive Director
Miami -Dade Commission on Ethics and Public Trust
Overtown Transit Village North
701 Northwest 1° Court, 81" Floor
Miami, Florida 33136
Jose.Arrojo@miamidade.gov
Tel: (305) 579-2594
Fax: (305) 579-0273
httn://ethics. miamidade. eov
2