Miami-Dade Legislative Item
File Number: 131444
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File Number: 131444 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-84 Control: Board of County Commissioners
File Name: COSTS OF SPECIAL ELECTIONS Introduced: 7/8/2013
Requester: NONE Cost: Final Action: 9/17/2013
Agenda Date: 9/17/2013 Agenda Item Number: 7D
Notes: Title: ORDINANCE CREATING SECTION 12-26 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO COSTS OF SPECIAL ELECTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ELECTIONS
Sponsors: Dennis C. Moss, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Rebeca Sosa, 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 9/17/2013 7D Adopted P

Economic Development & Port Miami Committee 8/27/2013 1F3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chair Bell opened the public hearing, after seeing no one come forward in connection with the foregoing ordinance the public hearing was closed. Hearing no questions or comments, the Committee proceeded to vote.

Board of County Commissioners 7/16/2013 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 8/27/2013

Board of County Commissioners 7/16/2013 4G Adopted on first reading 8/29/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee on Thursday, August 29, 2013 at 2:00 PM. SPECIAL NOTE: During today's (7/16) County Commission meeting, the foregoing Committee meeting was cancelled.

County Attorney 7/8/2013 Referred Economic Development & Port Miami Committee 8/27/2013

County Attorney 7/8/2013 Assigned Oren Rosenthal

Legislative Text


TITLE
ORDINANCE CREATING SECTION 12-26 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO COSTS OF SPECIAL ELECTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, on April 5, 2013, Florida Secretary of State, Division of Elections issued advisory opinion DE 13-06 finding that, where Florida law is silent on the party responsible for the costs of an referendum election, a county may require a private party with an interest in the outcome of the election to pre-pay the costs of such election; and
WHEREAS, the opinion of is further conditioned on the requirement that the County will not “reimburse, refund or otherwise repay any part of those prepaid costs, regardless of the outcome of the election,”
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. That Section 12-26 of the Code of Miami-Dade County, Florida, is created as follows to read in its entirety:
Sec. 12-26. Pre-payment of costs for certain referendum elections.

When permitted by state law, the costs of any referendum election shall be paid either by the County or by an interested party designated by the Board of County Commissioners upon a written recommendation by the Mayor. The Mayor shall include in such written recommendation the estimated costs for holding such election. Any referendum election costs pre-paid by an interested party shall not be refunded, in whole or in part, regardless of the outcome or the actual costs of the election.


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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