Miami-Dade Legislative Item
File Number: 121737
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File Number: 121737 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATING REPORTING REQUIREMENT FOR CAMPAIGN WORKERS Introduced: 8/29/2012
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: 6WKS/4WKS SEE 130083 Title: ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes:
  ABSENTEE BALLOT
  CAMPAIGN WORKERS
  CAMPAIGNS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Rebeca Sosa, Prime 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

Infrastructure and Land Use Committee 12/12/2012 2B Amended
REPORT: See Agenda Item 2B Amended. Legislative File No. 130083, for the amended version.

Infrastructure and Land Use Committee 11/15/2012 Public hearing held and item deferred

Infrastructure and Land Use Committee 11/15/2012 1F5 Deferred to next committee meeting P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Chairwoman Edmonson opened the floor for questions or comments from members of the Board. Commissioner Jordan asked the Assistant County Attorney to explain the terms of the ordinance. Assistant County Attorney Oren Rosenthal explained that any candidate for municipal or county office who files a campaign treasurer’s report must also file a report detailing which campaign workers, either paid or volunteer, worked on absentee ballot issues. He stated that this report would be filed with the Supervisor of Elections at the same time as the campaign treasurer’s report, and would be a public document. He further explained that the second section of the ordinance makes it an ethics violation for any campaign to direct any of its employees, or to willfully or knowingly refrain from stopping any of its employees from violating another provision of Florida law governing absentee ballot abuses. Commissioner Jordan observed that the proposed ordinance was adding another level of reporting for campaigns regarding volunteers. Commissioner Sosa noted although the intention was good, a lot of discussion was needed on this item. What if campaigns had different people working on the same things and the candidate could not ascertain exactly who was working on specific things, she pointed out. She recommended that the item be deferred until the next Committee meeting, and that the sponsor be asked to attend that meeting in order to answer Committee members’ questions. Hearing no further questions or comments, the Committee members proceeded to vote on the deferral of the foregoing proposed ordinance.

Board of County Commissioners 9/19/2012 Municipalities notified of public hearing Infrastructure and Land Use Committee 11/15/2012 9/6/2012

Board of County Commissioners 9/6/2012 14A1 Adopted on first reading 11/15/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record for first reading. Hearing no discussion, the Board voted on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Infrastructure and Land Use Committee (ILUC) on November 15, 2012 at 2:00 p.m.

Board of County Commissioners 9/4/2012 Scheduled for a public hearing Infrastructure and Land Use Committee 11/15/2012

Office of the Chairperson 9/4/2012 Additions 9/4/2012

Board of County Commissioners 8/29/2012 Requires Municipal Notification Infrastructure and Land Use Committee 11/15/2012

County Attorney 8/29/2012 Referred Infrastructure and Land Use Committee 11/15/2012

County Attorney 8/29/2012 Assigned Oren Rosenthal

Legislative Text


TITLE
ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 12-14.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety:
Sec. 12-14.1. Absentee Ballot Campaigning Reporting Requirement.

(1) Each campaign treasurer designated by a candidate for County or municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional electronic report with the Supervisor of Elections. The report shall identify the names of all paid or volunteer campaign workers, whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign, or undertaking any other activities, regarding absentee ballots. The report shall be filed on a form created by the Supervisor of Elections for such purpose.

(2) Any candidate failing to file a report as required by this section on the designated due date shall be subject to a fine of $50 per day for the first three (3) days and, thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate. Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived.

(3) Candidates for County and municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami-Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to any other civil or criminal penalties provided by law, be subject to the penalties provided in Section 2-11.1(bb) of the Code of Miami-Dade County.

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.



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