Miami-Dade Legislative Item
File Number: 061730
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File Number: 061730 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Community Outreach, Safety & Healthcare Admin Cmte
File Name: INITIATIVE, REFERENDUM AND RECALL PETITIONS Introduced: 6/7/2006
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: Title: ORDINANCE PROHIBITING ANY PERSON OR ENTITY FROM INTENTIONALLY MAKING FALSE STATEMENTS CONCERNING THE CONTENTS OR EFFECT OF ANY PETITION FOR INITIATIVE, REFERENDUM, OR RECALL TO ANY PERSON WHO IS REQUESTED TO SIGN ANY SUCH PETITION OR WHO MAKES AN INQUIRY REGARDING ANY SUCH PETITION; AMENDING SECTION 12-23 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE
Indexes: INITIATIVE PETITION
  REFERENDUM
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Natacha Seijas, 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

Community Outreach, Safety & Healthcare Admin Cmte 10/18/2006 2A Amended
REPORT: See Agenda Item 2A Amended; Legislative file No. 063025

County Attorney 7/14/2006 Assigned Community Outreach, Safety & Healthcare Admin Cmte 10/18/2006

Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006 2A Deferred
REPORT: During consideration of changes to today’s agenda, Assistant County Attorney Gerald Sanchez advised the Committee that Commissioners Barreiro and Seijas should be added as cosponsors of the foregoing proposed ordinance and that this item should be reassigned for a public hearing before the Community Outreach, Safety and Healthcare Administration Committee (COSHAC) on September 20, 2006, at 2:00 p.m., as requested by Board of County Commissioners (BCC) Chairman Joe A. Martinez. Commissioner Sorenson expressed a concern regarding the request to reassign the public hearing on this proposal before the COSHAC, and noted the public hearing was scheduled and advertised to be held before this Committee. Discussion ensued among Committee members and Assistant County Attorney Sanchez regarding the procedural method and the criteria for determining which committee considered an agenda item/issue. Later in the meeting, Chairman Barreiro read into the record, the BCC Office of the Chair’s memorandum, entitled, “Internal Management and Fiscal Responsibility Committee Item 2A.” Responding to Commissioner Sorenson’s request regarding the assignment of the foregoing proposed ordinance to this Committee, County Attorney Murray Greenberg advised the Committee that the BCC Chairman assigned this ordinance to this Committee. Commissioner Diaz, the sponsor of the foregoing proposed ordinance, requested clarification on which Committee had jurisdiction over the Election Department. He noted the public would have an opportunity to be heard by an appropriate Committee. Following discussion regarding the Committee assignment of the foregoing proposed ordinance, Commissioner Diaz asked that it be deferred and forwarded for review by the Community Outreach, Safety and Healthcare Administration Committee. County Attorney Greenberg responded by referring to the June 7, 2006, memorandum from the Office of the Chair regarding the assignment of the foregoing proposed ordinance to this Committee. Chairman Barreiro noted the foregoing ordinance would be deferred and BCC Chairman Joe A. Martinez would determine the Committee of jurisdiction. He asked that any concerns/comments by Committee members be submitted to BCC Chairman Martinez in writing. Later in the meeting, Commissioner Sorenson asked the County Attorney, the County Manager and the Office of the Chair to provide her with separate reports on how agenda items were assigned to committees.

Board of County Commissioners 6/20/2006 Scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006

Board of County Commissioners 6/20/2006 4D Adopted on first reading 7/13/2006 P
REPORT: The foregoing proposed ordinance was adopted on first reading an set for public hearing before the Internal Management and Fiscal Responsibility Committee on July 13, 2006 at 2:00 p.m.

County Attorney 6/7/2006 Referred Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006

County Attorney 6/7/2006 Assigned Jeffrey P. Ehrlich 6/7/2006

Legislative Text


TITLE
ORDINANCE PROHIBITING ANY PERSON OR ENTITY FROM INTENTIONALLY MAKING FALSE STATEMENTS CONCERNING THE CONTENTS OR EFFECT OF ANY PETITION FOR INITIATIVE, REFERENDUM, OR RECALL TO ANY PERSON WHO IS REQUESTED TO SIGN ANY SUCH PETITION OR WHO MAKES AN INQUIRY REGARDING ANY SUCH PETITION; AMENDING SECTION 12-23 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-23 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 12-23. Initiative, referendum and recall petitions-Verification of signatures; disqualification of noncomplying petitions >>; prohibition on improper signature gathering practices<<.

* * *

>>(4) Prohibited Signature Gathering Practices

A. It shall be unlawful for any person or entity intentionally to make or cause to be made any false statement concerning the contents or effect of any petition for initiative, referendum, or recall submitted pursuant to Article 7 of the Miami-Dade County Home Rule Charter to any person who is requested to sign any such petition or who makes an inquiry with reference to any such petition.

B. Any person or entity convicted of a violation of section 12-23(4)A of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not more than sixty (60) days, or by 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.
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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