Miami-Dade Legislative Item
File Number: 122041
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File Number: 122041 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-104 Control: Board of County Commissioners
File Name: COMMUNITY PERIODICAL ADVETISING PROGRAM Introduced: 10/4/2012
Requester: NONE Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 7H
Notes: Title: ORDINANCE AMENDING SECTION 2-2014 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA CONCERNING QUALIFICATIONS TO PARTICIPATE IN THE COMMUNITY PERIODICAL ADVERTISING PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COMMUNITY PERIODICALS
Sponsors: Barbara J. Jordan, Prime Sponsor
  Lynda Bell, Co-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

Board of County Commissioners 12/4/2012 7H Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Diaz said that the owners of some of the smaller printing facilities expressed concern that they were being blocked from seeking a better price to print their periodicals outside of Miami-Dade County. He noted he wanted to ensure that anyone had the right to use printing facilities outside of the County. Commissioner Jordan said this proposed ordinance addressed Commissioner Diaz’ concern, noting anyone with a small company who was able to obtain printing costs outside of Miami-Dade County that were at least 10 percent less than the cost of printing in the County, would be able to do so. She noted local preference did not prohibit a company from keeping up with quality and pricing. The County Commission voted on the foregoing proposed ordinance, as presented.

Economic Development & Social Services Committee 11/15/2012 1F3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 10/23/2012 Tentatively scheduled for a public hearing Economic Development & Social Services Committee 11/15/2012

Board of County Commissioners 10/23/2012 4E Adopted on first reading 11/15/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Economic Development and Social Services Committee on Thursday, November 15, 2012 at 9:30 a.m.

County Attorney 10/4/2012 Referred Economic Development & Social Services Committee 11/15/2012

County Attorney 10/4/2012 Assigned Geri Bonzon-Keenan

Legislative Text


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

BODY
WHEREAS, the Board of County Commissioners finds that it is in the best interest of the people of Miami-Dade County to continue, in a moderate and reasonable manner, to promote printing facilities in Miami-Dade County that are available to print publications like those that qualify to be part of the Community Periodical Program in order to provide an alternative method of disseminating news to poor, elderly, minority, and disadvantaged residents who cannot afford to subscribe to mainstream newspapers,
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 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>>; and use of printing facilities outside of the County is also permissible when the cost of printing the periodical within the County is ten percent or more expensive than the cost of printing outside the County, as reflected in written cost estimates or bills obtained by the periodical from the printers<<;
(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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