Miami-Dade Legislative Item
File Number: 030433
   

File Number: 030433 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-66 Control: County Commission
File Name: CANDIDATE QUALIFYING Introduced: 2/12/2003
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 6B
Notes: Title: ORDINANCE RELATING TO CANDIDATE QUALIFYING; REQUIRING COUNTY COMMISSION CANDIDATES, COMMUNITY COUNCIL CANDIDATES, AND CANDIDATES FOR MAYOR TO FILE AN AFFIDAVIT AND PROOF OF RESIDENCY TO QUALIFY FOR ELECTION; PROVIDING PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CANDIDATES
  ELECTIONS
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Jimmy L. Morales, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, 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

Board of County Commissioners 4/8/2003 6B Adopted P
REPORT: During discussion of the foregoing item, Mr. Charlie McCrary requested that the Board consider amending the County's ordinance pertaining to the residency requirement for community council candidates. The Board proceeded to vote on the foregoing proposed ordinance, as presented. Commissioner Sosa requested she be listed as a cosponsor on the foregoing proposed ordinance. Chairperson Carey-Shuler announced that all members present would be listed as cosponsors of the proposed ordinance.

Governmental Operations and Environment Committee 3/4/2003 2E Forwarded to BCC with a favorable recommendation P

Board of County Commissioners 2/20/2003 13Z Adopted on first reading 3/4/2003 P

County Attorney 2/13/2003 Assigned Governmental Operations and Environment Committee 3/4/2003

County Attorney 2/12/2003 Assigned William X. Candela

Legislative Text


TITLE
ORDINANCE RELATING TO CANDIDATE QUALIFYING; REQUIRING COUNTY COMMISSION CANDIDATES, COMMUNITY COUNCIL CANDIDATES, AND CANDIDATES FOR MAYOR TO FILE AN AFFIDAVIT AND PROOF OF RESIDENCY TO QUALIFY FOR ELECTION; PROVIDING PENALTIES, 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)]]>>(d)<< 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]] >>, Community Council, and Mayor<< 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 [[for the prescribed period within the district for which they are qualifying to the Clerk of the Circuit Court]] >>which shall include one of the following documents: voter's registration, driver's license, property tax receipt, homestead exemption, utility bill or lease agreement<<.

[[(d)]] >>(e)<>subject to perjury and<< punished by a fine not to exceed [[five hundred dollars ($500.00)]] >>one thousand dollars ($1,000.00)<< or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment.

Section 3. 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 4. 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 5. 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.
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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