Miami-Dade Legislative Item
File Number: 023541
   

File Number: 023541 File Type: Ordinance Status: Deferred by the Board
Version: 0 Reference: Control: Environment and Governmental Operations Committee
File Name: ORDINANCE RELATING TO CANDIDATE QUALIFYING Introduced: 12/16/2002
Requester: NONE Cost: Final Action:
Agenda Date: 1/23/2003 Agenda Item Number: 4G
Notes: Title: ORDINANCE RELATING TO CANDIDATE QUALIFYING; REQUIRING COUNTY COMMISSION CANDIDATES TO FILE AN AFFIDAVIT AND PROOF OF RESIDENCY TO QUALIFY FOR ELECTION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ELECTIONS
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Governmental Operations and Environment Committee 2/7/2003 2H Withdrawn
REPORT: The Committee withdrew the foregoing proposed ordinance and requested that an ordinance be drafted for adoption on first reading with language in the title and the text to include the Office of the Mayor and Community Council members and to increase the penalty for a violation from $500 to $1,000. The members of the Committee requested that staff investigates the ability to include any other elected officials such as School Board members and judges within the proposed ordinance being prepared for first reading.

Board of County Commissioners 1/23/2003 4G Deferred 2/7/2003 P
REPORT: Commissioner Moss suggested that candidates for the County Commission be required to submit copies of their drivers' license, voter registration cards, homestead exemption, and a utility bill with their current home address. Ms. Gisela Salas, Elections Department, stated that Commissioner Moss' suggestions could be implemented. Commissioner Barreiro suggested the identification requirements not be limited to three or four categories. Commissioner Sosa asked that the mayor's position be included in the proposed ordinance. Commissioner Martinez noted the proof of residency requirements outlined in the proposed ordinance would not reflect the length of time an individual resided at his or her current address. County Attorney Ginsburg responded to Commissioner Diaz' inquiry regarding the residency requirements. He noted in addition to the affidavit filed by candidates, the proposed ordinance required that two of the documents listed in the ordinance had to be presented, when establishing proof of residency under the existing Miami-Dade County code requirement. In response to Commissioner Morales' inquiry as to whether community council candidates could be included in the proposed ordinance, County Attorney Ginsburg advised that this ordinance only related to the County Commission. Commissioner Moss suggested the affidavit be signed by the person living with the candidate in order to verify the candidate's residency. It was moved by Commissioner Rolle to defer the proposed ordinance in order to address the concerns raised by members of the Board. This motion was seconded by Chairperson Carey-Shuler, and upon being put to a vote, passed by a vote of 10-0. The foregoing proposed ordinance was deferred to the Governmental Operations and Environment Committee meeting scheduled for February 7, 2003 at 10:00 a.m.

Board of County Commissioners 12/17/2002 13J Substitute Adopted on first reading 1/23/2003 P

County Attorney 12/16/2002 Assigned William X. Candela

Legislative Text


TITLE
ORDINANCE RELATING TO CANDIDATE QUALIFYING; REQUIRING COUNTY COMMISSION CANDIDATES TO FILE AN AFFIDAVIT AND PROOF OF RESIDENCY TO QUALIFY FOR ELECTION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-11 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 12-11. Receipt of qualification papers of candidates; examination; determination of compliance with election laws.

* * *
(c) Filing an Affidavit and Proof of Residency to Qualify for Election. Candidates for the office of County Commissioner [[and the Miami-Dade Fire and Rescue Service District Commission]] shall submit a sworn affidavit at the time of qualifying that provides their current address of legal residence and affirms that they have met the residency requirements pursuant to Section 1.04 of the Miami-Dade County Home Rule Charter and Article II, Section 18-24 of the Code, respectively. The affidavit shall be on a form provided by the Miami-Dade County Supervisor of Elections. In addition to filing the affidavit, candidates shall submit proof of residency >>which shall include at a minimum any two of the following documents: voter's registration, driver's license, property tax receipt, homestead exemption, utility bill, lease agreement<< for the prescribed period within the district for which they are qualifying to the Clerk of the Circuit Court.

(d) Penalties. In addition to any other penalties which may be applicable, any person who knowingly misrepresents their legal residency shall be >>subject to perjury and<< punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment.

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 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.
Section 5. This ordinance does not contain a sunset provision.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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