Miami-Dade Legislative Item
File Number: 063068
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File Number: 063068 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 06-148 Control:
File Name: CONFLICT OF INTEREST/CODE OF ETHICS ORD; INCREASE FINES Introduced: 10/26/2006
Requester: NONE Cost: Final Action: 10/10/2006
Agenda Date: 10/10/2006 Agenda Item Number: 7A
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 061799) Title: ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(BB) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE FINES THAT MAY BE ASSESSED BY ETHICS COMMISSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 061799]
Indexes: NONE
Sponsors: Joe A. Martinez, 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

County Attorney 10/26/2006 Assigned Gerald K. Sanchez 10/26/2006

Board of County Commissioners 10/10/2006 7A Amended Adopted as amended P
REPORT: Assistant County Attorney Gerald Sanchez noted for the record, that the foregoing proposed resolution was forwarded by the Internal Management Fiscal Responsibility Committee with Committee amendment(s) to include the following language: “Actual costs incurred by the Ethics Commission in an amount not to exceed $500 per violation may be assessed if the Ethics Commission has found an intentional violation of this section.” The Board adopted the foregoing ordinance as amended to include the following language: “Actual costs incurred by the Ethics Commission in an amount not to exceed $500 per violation may be assessed if the Ethics Commission has found an intentional violation of this section.”

Legislative Text


TITLE
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 211.1(BB) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE FINES THAT MAY BE ASSESSED BY ETHICS COMMISSION; 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 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Section 2-11.1. Conflict of Interest and Code of Ethics Ordinance.
* * *
(bb) Penalty.
(1) Proceeding before Ethics Commission. A finding by the Ethics Commission that a person has violated this section shall subject said person to an admonition or public reprimand and/or a fine of [[two hundred and fifty]] >>five hundred<< dollars ($[[250.00]]>>500.00<<) for the first such violation and [[five hundred dollars]]>>one thousand dollars<< ($[[500.00]]>>1,000.00<<) for each subsequent violation. >>Actual costs incurred by the Ethics Commission, in an amount not to exceed five hundred dollars ($500.00) per violation, may be assessed where the Ethics Commission has found an intentional violation of this section.<< The Ethics Commission may also order the person to pay restitution when the person or a third party has received a pecuniary benefit as a result of the personís violation. The procedure for determining restitution shall be governed by an administrative order adopted by the County Commission and rules of procedure promulgated by the Ethics Commission.
(2) Prosecution by State Attorney in State Court. Every person who is convicted of a violation of this section in State court shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for not more than thirty (30) days, or by both such fine and imprisonment.
Section 2. If any section, subsection, sentence, cause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity.

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 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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