Miami-Dade Legislative Item
File Number: 121910
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File Number: 121910 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: COMMUNITY PERIODICAL PROGRAM Introduced: 9/21/2012
Requester: NONE Cost: Final Action:
Agenda Date: 10/2/2012 Agenda Item Number: 4I
Notes: NOTE TO CAO: ITEM FILED IN BCC FOLDER 10-2-12 Title: ORDINANCE AMENDING SECTION 2-2014 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA CONCERNING THE COMMUNITY PERIODICAL ADVERTISING PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COMMUNITY PERIODICALS
Sponsors: Jean Monestime, 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

Internal Mgmt. & Fiscal Responsibility Committee 1/15/2013 2O Deferred P

Internal Mgmt. & Fiscal Responsibility Committee 12/11/2012 2F No action taken due to lack of a quorum

Internal Mgmt. & Fiscal Responsibility Committee 11/14/2012 Public hearing held and item deferred

Internal Mgmt. & Fiscal Responsibility Committee 11/14/2012 1E2 Deferred P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing on the foregoing proposed ordinance. Mr. Geraldo Estevez, Miami-Dade Periodical Association, Managing Member, 8562 NW 56 Street, Doral, spoke in opposition of the foregoing proposed ordinance. He said the Association represented 20 community periodicals and the periodical program was created almost 20 years ago to provide small local newspapers the opportunity to compete with larger daily publications. Mr. Estevez noted the 5,000 minimum threshold requirement was attainable since community periodicals were published either bi-weekly or monthly and there was no daily or weekly requirement in the ordinance. He said lowering the standard to 3,000 copies would gut the program and allow anyone with a home computer and printer to create publications and feed off government funds. Mr. Estevez requested that Commissioner Monestime withdraw this proposed ordinance and members of this Committee vote against forwarding the resolution to the County Commission with a favorable recommendation. Ms. Renita Holmes, 5800 NW 7 Avenue, Miami, noted that a value could not be placed on effective community education and awareness. She said that the number of community periodicals printed should be increased; that the cost of knowledge should not be decreased; and that she did not support the proposed resolution. . Chairwoman Bell asked for a hand count from members of the public on the foregoing proposed ordinance; of which approximately 12 people voted against and no one voted in-favor. Commissioner Bell closed the public hearing after no other persons appeared wishing to speak. Commissioner Jordan suggested deferring this proposed ordinance in order for its sponsor, Commissioner Monestime, to provide an explanation of his intent. Chairwoman Bell commented that there would not be a periodical program designed to reach the community if it was continually diluted. Hearing no further questions or comments, the Committee proceeded to vote to defer this proposed ordinance.

Board of County Commissioners 10/2/2012 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 11/14/2012

Board of County Commissioners 10/2/2012 4I Adopted on first reading 11/14/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on Wednesday, November 14, 2012 at 2:00 p.m.

County Attorney 9/21/2012 Referred Internal Mgmt. & Fiscal Responsibility Committee 11/14/2012

County Attorney 9/21/2012 Assigned Geri Bonzon-Keenan

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-2014 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA CONCERNING THE COMMUNITY PERIODICAL ADVERTISING PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-2014 of the Code of Miami-Dade County is hereby amended to read as follows: 1
Sec. 2-2014. Qualifications.

To qualify for participation in this program a community periodical must meet the following conditions, and have a history of meeting the conditions in sub-sections (b), (c), (e), (f), (g), (h), and (k), for three years prior to entering the program:

(a) be circulated free of charge. A periodical will be deemed circulating free of charge even if it charges for copies that are delivered by mail provided that at least eighty percent of its circulation is distributed at distribution points in public places in Miami-Dade County where the public can obtain copies free of any charge, as provided herein. The periodical shall not display a per edition charge anywhere in the publication, but may advertise a subscription rate for copies delivered by mail;
(b) contain articles of local, national, or international news of interest to the general public;
(c) be published in amounts of no less than [[5,000]] >>3,000<< copies for each edition which must be distributed within Miami-Dade County;
(d) contain no less than 12 pages in each edition and contain no less than 6 pages of non-advertising content such as news, calendar items, stories, photographs, recipes, comics, puzzles, and editorials; this content must consist of no less than 1000 words; and any content whose placement in the periodical is paid for by a third party, including commercial and political advertising, must be labeled to indicate it is paid advertising when necessary to avoid consumer confusion[[.]] >>;<<
(e) prominently display the publication date on the masthead, cover, inside cover or other easily viewed location;
(f) be published continuously throughout the year on a schedule set before the year begins, either once per month, twice per month, or four times per month;
(g) have a main office or headquarters from which the periodical is published with a street address located in Miami-Dade County;
(h) have an occupational license that reflects its main office or headquarters street address and that is valid for the year in which the periodical intends to participate in the program;
(i) be printed in Miami-Dade County; but use of printing facilities outside of the County is permissible in emergency situations outside the control of the periodical, provided the periodical returns to printing in the County when the emergency has ended;
(j) be distributed in an established manner, either by mail or by delivery to no less than 10 different distribution points dispersed throughout the community it serves, none of which shall be a County-owned facility;
(k) have a history of having published continuously for at least three years prior to the first year for which it seeks to participate in the program;
(l) be registered as a vendor with the Miami-Dade County Internal Services Department, or its successor department responsible for registering vendors;
(m) have a rate card reflecting the periodicalís standard rates;
(n) provide Miami-Dade County with price guarantee for rates for the year in which it intends to participate that comply with the rate requirements of this ordinance;
(o) otherwise have complied with the provisions of this ordinance regarding including, but not limited to, applications, upkeep of records, reporting changes in information, and audit; and
(p) provide business documents indicating the persons who control or own the periodical, such as articles of incorporation or partnership agreements.

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<< shall be added. Remaining provisions are now in effect and remain unchanged.



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