Miami-Dade Legislative Item
File Number: 063025
Printable PDF Format Download Adobe Reader  

File Number: 063025 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: INITIATIVE, REFERENDUM AND RECALL PETITIONS Introduced: 10/20/2006
Requester: NONE Cost: Final Action: 11/28/2006
Agenda Date: 11/28/2006 Agenda Item Number: 7A
Notes: SEE #063407 FOR FINAL VERSION AS ADOPTED 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 [SEE ORIGINAL ITEM UNDER FILE NO. 061730]
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

Board of County Commissioners 11/28/2006 7A Amended
REPORT: (See Agenda Item 7A Amended; Legislative File No. 063407)

County Attorney 10/20/2006 Assigned Jeffrey P. Ehrlich 10/20/2006

Community Outreach, Safety & Healthcare Admin Cmte 10/18/2006 2A Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Ferrer read the foregoing ordinance into the record. Chairwoman Sosa opened the public hearing on the foregoing proposed ordinance, and the following individual(s) appeared and stated his concerns: Mr. John Sheridan, 10410 S.W. 98th Street Mr. Sheridan appeared in support of the foregoing ordinance; he noted his concern with the portion of the ordinance’s language regarding any “person or entity” intentionally making false statements. Mr. Sheridan recommended that the ordinance states that only electors may collect petitions. There being no other persons to appear before the committee the public hearing was closed. Discussion ensued in connection with the aforementioned suggestion that “electors” be added to the language of the foregoing ordinance. In response to Commissioner Diaz’s request for clarification of the ordinance, Assistant County Attorney Ehrlich explained the intent of the foregoing ordinance was to make it unlawful for any person or entity to make a false statement. He recommended the Board approve the ordinance as written because it was broader and covered circulators, and proponents of an initiative. Vice Chairman Souto noted that persons collecting signatures should be members of the electorate. Commissioner Jordan noted adding “elector” to the foregoing ordinance was an excellent suggestion and it would provide accountability, and hold the citizen responsible for his or her actions. She questioned Assistant County Attorney Ehrlich regarding the feasibility of this based on the existing Charter. Assistant County Attorney Ehrlich advised committee members that in order to hold circulators responsible this would require preparing a new ordinance that requires circulators to be members of the electorate; he noted the foregoing ordinance was consistent with the county’s existing Charter. Commissioner Seijas suggested in addition to adding the word “electorate” to the foregoing ordinance a separate ordinance be prepared requiring that petition circulators be members of the electorate. Commissioner Diaz concurred with Commissioner Seijas and stated that requiring circulators to be members of the electorate would provide an extra level of security, however, he noted that he would schedule a sunshine meeting prior to the ordinance being presented to the County Commission. Assistant County Attorney Ehrlich read the changes to the foregoing ordinance as follows: “It shall be unlawful for any person, entity, or elector intentionally to make a false statement, also in subsection B: any person, entity, or elector convicted of a violation of this section shall be punished.” There being no further discussion or comments, the Committee proceeded to vote on the foregoing ordinance.

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, entity, or elector 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, entity, or elector 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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.