Ord No 08-23-2459ORDINANCE NO. 08-23-2459
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 9, "ELECTIONS," OF THE CITY'S CODE OF
ORDINANCES TO ADDRESS CONFLICTS WITH STATE
LAW AND THE CITY CHARTER, SPECIFICALLY,
SECTION 9-5, "ELECTION DATE AND NOTIFICATION;
OFFICIAL BALLOT," SECTION 9-11, "CAMPAIGN
CONTRIBUTIONS," AND SECTION 9-12, "PROHIBITED
CAMPAIGN CONTRIBUTIONS BY VENDORS";
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami (the "City") has adopted regulations as part of the
City Code of Ordinances (the "Code") to promote the health, safety, community acceptable
standard of morals and general welfare of the residents of the City of South Miami; and
WHEREAS, the City Commission of the City of South Miami (the "Commission") finds
it periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law and to implement municipal goals and
objectives; and
WHEREAS, the City's elections are regulated by Article V of the Charter and Chapter 9
of the Code; and
WHEREAS, Section 9-5 of the Code provides that elections shall be held on the second
Tuesday in February of every even numbered year; and
WHEREAS, on November 3, 2020, the City's electorate approved an amendment Section
2, Article V of the Charter to require that general elections for the City Commission be held on the
same day as the national general elections, commencing in 2022, and thereafter in each even year,
at which time the Mayor will be elected to a term of two years and two Commissioners will be
elected to terms of four years; and
WHEREAS, Section 9-5 of the Code conflicts with the 2020 Charter Amendment to
Section 2, Article V of the Charter; and
WHEREAS, in 2021, Section 106.08 of the Florida Statues governing campaign
contributions was amended to expressly preempt municipalities from imposing (1) contribution
limits different from state law; (2) any limitation or restriction involving contributions to a political
committee or an electioneering communications organization; or (3) any limitation or restriction .
on expenditures for an electioneering communication or an independent expenditure, and
expressly renders any conflicting provisions void; and
Page 1 of 5
Ord. No. 08-23-2459
WHEREAS, Section 9-11 of the Code imposes a limitation of $250 on campaign
contributions to any candidate and for an election to a seat on the City Commission; and
WHEREAS, Section 9-12( a) of the Code prohibits campaign contributions by vendors and
subsection (b) provides that a fine ofup to $500.00 shall be imposed for violations; and
WHEREAS, Section 9-11 and Section 9-12 are in conflict with Section 106.08, Florida
Statutes, and are therefore void; and
WHEREAS, the City Commission deems it in the City's best interest to amend Chapter 9
of the Code to resolve the conflicts with State law and the Charter; and
WHEREAS, the City Commission has conducted a duly noticed public hearing on the
proposed Code amendments as required by law on May 2, 2023 and further finds the proposed
changes to the Code are necessary and in the best interest of the City and the community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 9 of the Code. That Chapter 9 of the Code of
Ordinances City of South Miami, Florida, is hereby amended to read as follows:
CHAPTER 9 -ELECTIONS
***
Sec. 9-5. Election date and notification; official ballot.
(a) The general election for the city shall be held in accordance with Article V, Section 2, of the
Charter, as may be amended from time to time. ta eleet a mayer fer a t\ve year term aael twe
(2) cemmissieners fer fear year terms shall ae helel en the secend Tuesday in Fearaaey every
even namaered year.
(b) Upon the adoption by a majority of the city commission present of a resolution calling for an
election for the city, the city clerk shall publish notice of such general or special election once
a week for four ( 4) consecutive weeks next preceding such general or special election in a
newspaper of general circulation in the city. Such notice shall include the date, time, and place
of such election(s), identify the commission groups to be voted for and/or other questions to
be voted upon.
(c) The official ballot to be used at such general or special election shall be prepared by the city
commission in the manner provided by the state law.
1 Coding: Strileethrough woFels are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with highlighted EloNle etFilletkf0t1gh and dmlhk
underline.
Page 2 of S
Ord. No. 08-23-2459
***
Sec. 9-11. Campaign contributions.
The provisions of the election laws of the State of Florida regarding campaign contributions and
expenditures shall apply to elections for Campaign for the Office of Mayor and City
Commissioner.
No pefsoe, ieelaelieg a eommittee, eOff)Ofatioe, Of oteef eetity, seall make eampaigR eoetribatioes
teat eM:oeeEI t\t,to eaeck=eel fifty Elollafs ($250.00) to aey eaeelielate aeel fef ae eleotioe to a seat oe
tee oity eommissioB, anel BO saok oaeelielate Of eaeelielate's eampaigR tfeasafef, skall kBowiegly
aeeept saek a eoetribatioe. Uf)oe fealizieg Of beieg Botifieel of a violatioB of tkis seotioe, tke
eaeelielate, Of tke oaBEliela-te's treasaref, mast fetlim tke amoaBt of tke illegal eoBtribatioe to tee
eoetribator witkiB thirty (30) Elays anel ie eo e,!eet may it be aseel by the eaBElielate. It skall be a
febattable pfesamptioe that Ebe amoaet of tke illegal eoetribatioe kas beeB ased if at aBy poiet ie
time, after reeeiviBg Ebe eoBtribatioe, tke balcmee ie tke eampaigR aeeoliBt, after slibtraetieg tke
illegal amooot, is less that1 zefo (0). A.ll eaeelielates wko reeehte eoBtribatioes eoBeemieg ae
eleetioe to a seat oe tke eity eommissioB skall pfesen!e all eampaiga finanee reeorels, inelaeling
eopies of all writteB eorrespoBdeBee, ekeeks feeehteel, Eleposit slips aeel all banlc statemeets, fof
siM: (6) years followiBg the eleetioe fof ·.vkiek tke eoetribatioB was reeeiveel aeel skall pfOdaee tkem
apoe tke writteB reqaest of a eity eoele eefofeemeet offieef, tke eity maaagef, tke Elepaty eity
maeagef, tke eity attomey or tke eity elefk. A violatioe of aey of tke pfovisions of tkis seetion,
ieelaelieg tke failare to maiataie Of tke failafe to pfodaee tke eafB:f)aige finanee reeonls in
aeeofeaeee with this seetioB, is a eivil iefraetioe paeiskable by a fiee of nvo kaBElred fifty Elollafs
($250.00) for eaek violation, v1kiek mast be paiel witkin twenty (20) Elays of feeeipt of tke eivil
eitatioe or Botiee of iBfraetioB, Of tkirty fi\te (35) days of Elate of mailing of tke eivil eitation of
Botiee of iefraetioB. lftke fiBe is Bot paid witkin tke time reqaifed, or ifa eitatioe is eoBtested, the
mieimam fiBe skall be tv;o hliBck=eEI fifty Elollafs ($250.00) aeel tke maximum fiBe may Bot eM:eeeEI
fhte kaeck=eel Elollafs ($500.00). lftke aooused pefsoe is fouBEI to be iB violatioe by the eity's special
mastef or by tke eoart, the violatof skall also pay all ievestiga-tive eM:peeses of tke eity aad all
admiBistrati:r.te aeel eolift easts. The amouet of the fiees aeel aelmiBistrati¥e easts may be fevised
by the eity aeel pablisheel iB tke city's sckedule of fees anel fiees.
***
Sec. 9-12. Prohibited campaign contributions by vendors.
W ~Jo pefsoe v,ko is a veBEIOf to tke eity shall give a eampaiga eoBtribatioB Elifeetly, of tkfough
a membef of tke persoe's immeeliate family, Of thfOagh a politieal aetioe eommittee, Of
thfoagh aa~! othef pefsoB, to a caeelidate, Of to the eampaige committee of a eanelidate, fof the
offiees of mayor Of eommissioBef. No eaedidate, Of eampaigR eommittee of a eaBdielate fof
the offiees of mayor or eommissionef, shall solicit Of feeeive any eampaigR eontributioe from
a pefSOB who is a 1,teBElor to the oity, Of thfOugk a membef of tke pefsoB's immeeliate family,
Of tkfoagk a politieal aetioB eommittee, Of thfOagk aey otker persoe oe behalf of the pefsoe.
This pfohibition apf)lies to eatliral persoes anel to persons who kola a eontrolling finaneial
ieterest ie 1:msiBess eetities.
~ A fine ofaf) to fi¥e ftliftdred dollars ($500.00) shall be imposed en e1.iery persoB •uho ;tiolates
this f)rohibitien. Eaeh aet of solieitieg, givieg or reeei1,ieg a eontribetion in violation of this
Page 3 of 5
Ord. No. 08-23-2459
pat=agi-aph shall eeestiwte a sepaFate Yielatiee. All eenaibutiens Feeei11ea by a eanaiaate ie
11ielatien ef this paFagt=af)h shall be feneitea te the eity's general Fe 1,enue funs.
~A peFsen vendor who directly, or through a member of the person's immediate family;-8f
tlH=eugh a pelffieal aegeB eemmittee, or through any other person makes a contribution to a
candidate v;he is eleetea te for the office of mayor or commissioner shall be disqualified for
a period of six (6) months following the swearing in of the elected official from transacting
business with the city. This prohibition on transacting business with the city may be waived
only in the manner provide in section 8A-l ( c ).
(d) As used in this paragraph:
(1) A "vendor" is a person who transacts business with the city, or has been approved by
the city commission to transact business with the city, or is listed on the city manager's
approved vendor list.
(2) A "contribution" is:
a. A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or
anything of value, including contributions in kind having an attributable monetary
value in any form, made for the purpose of influencing the results of an election or
making an electioneering communication.
b. A transfer of funds between political committees, between eeffiffiittees ef eentinuet1s
e1dsteeee, eF hetweee a pelitieal eeffiffiittee ana a eeffimittee ef eentieueus existeeee
electioneering communications organizations, or between any combination of these
groups.
c. The payment, by any person other than a candidate or political committee, of
compensation for the personal services of another person which are rendered to a
candidate or political committee without charge to the candidate or committee for such
services.
d. The transfer of funds by a campaign treasurer or deputy campaign treasurer between a
primary depository and a separate interest-bearing account or certificate of deposit, and
the term includes aay interest earned on such account or certificate.
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4. Severability. If any section, clause, sentence, or phrase of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section S. Codification. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances
of the City of South Miami, Florida, that the sections of this Ordinance may be renumbered or re-
lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or
other appropriate word.
Page 4 of 5
Ord. No. 08-23-2459
Section 6. Conflicts. Any a nd a ll ordin ances a nd resolutio ns or parts of ordi na nces or
r eso lutions in confl ict he rewith a re hereby repea led.
Sectio n 7. I mpl ementation. The C ity Manager is hereby auth orized to take any and
a ll necessary action to implement the purposes of thi s Ordi nance. A ny temporary s ign permit th at
was previously issued s hall be a ll owed to re m a in th rough its c urrent expiration date a nd shall not
be extend ed.
Sectio n 8. Effective Date. Th is Ordi nance s ha ll b ecome effective immediately upon
adoption on Second Read ing.
PASSED on first reading o n the 18th. da y of April , 2023.
PASSED AND ADOPTED on second read ing on the 2 nd d ay of May, 2023.
ATTEST :
READ AND A PPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THE F
WEISS SEROT A HELFMAN COLE
& BIERMAN, P.L.
C ITY ATTORNEY
APPROVED:
M
COMM ISSION VOTE:
Mayor Ferna ndez:
Vice Mayor Bonich :
Commissioner Cal le:
Comm iss ioner L iebman:
5-0
Yea
Yea
Yea
Yea
Commissioner Corey: Yea
Page 5 of 5
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: May 2, 2023
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 9, “ELECTIONS,” OF THE CITY’S CODE OF ORDINANCES TO ADDRESS CONFLICTS WITH
STATE LAW AND THE CITY CHARTER, SPECIFICALLY, SECTION 9-5, “ELECTION DATE AND
NOTIFICATION; OFFICIAL BALLOT,” SECTION 9-11, “CAMPAIGN CONTRIBUTIONS,” AND SECTION 9-12,
“PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS”; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR BONICH)
Suggested Action:
Attachments:
46C2403-CA_Memorandum_Re_Ordinance_Re_Chapter_9_Elections_To_Address_Conflicts_with_State_Law_and_Ch
arter__1_.docx
Ordinance_Amending_Sec.9-11_and_Sec.9-12_Campaign_Contributions_SR_CAv3.docx
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:May 2, 2023 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 9, “ELECTIONS,” OF THE CITY’S CODE OF
ORDINANCES TO ADDRESS CONFLICTS WITH STATE LAW AND THE CITY
CHARTER, SPECIFICALLY, SECTION 9-5, “ELECTION DATE AND NOTIFICATION;
OFFICIAL BALLOT,” SECTION 9-11, “CAMPAIGN CONTRIBUTIONS,” AND
SECTION 9-12, “PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS”
The accompanying ordinance was prepared and placed on the agenda at the request of Vice
Mayor Bonich.
2
8
MIAMI-DADE
STATE OF FLORID A
COU NTY OF MIAMI-DADE :
Before the undersigned au thority personally appeared
GU ILLERMO GARCIA, who on oath says that he or she is the
DIRECTO R OF O PER ATI ONS , Legal Notices of th e Miam i Daily
Busi ness Review f/k/a Miami Review, of Miami-Dade County ,
Florida; that the attached copy of advertisement, bei ng a
Legal Advertisement of Notice in the matter of
CITY OF SOU T H MIAMI -PUBLIC HEARING -MAY 2, 2023
in fhe XXXX Court,
was publi shed in a newspaper by pri nt in the issues of Miami
Da ily Bus iness Review f/k/a Miami Review on
04/21/2023
Affia nt further says that the newspaper complies with all
for publication in ch apter 50 , Flo ri da
Swor and subscribed before me this
21 day of APR IL , A .O. 2023
Jt=
GUILLERMO GARCIA pe rsonally known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
-NOTICE OF PUBLIC HEARING
Notice is her~by given that the City Commission will hold a public hearing on
Tuesda~2 2023 at 7:00 .m. to consider the following public hearing
item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE Ct"T'f OF
SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 'BUILDING ,'
SECTION 7-17 'ART IN PUBLIC PL.I.ICES ,' OF THE CODE OF
ORDINANCES TO MODIFY THE 'ART IN PUBLIC PLACES' PROGRAM
INCLUDING APPLICABLE PROCEDURES , CONTRIBUTIONS , AND
WANERS; PROVIDING FOR CORRECTIONS; CODIFICATION;
SEVERAB ILITY; CONFLICTS; AND AN EFFECTIVE DATE.
9
II
SD~ MiC\VYH
5\2-f 2023
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 9, 'ELECTIONS ,'
OF THE CITY'S CODE OF ORDINANCES TO ADDRESS CONFLICTS
WITH STATE LAW AND THE CITY CHARTER , SPECIFICALLY,
SECTION 9-5 , 'ELECTION DATE AND NOTIFICATION ; OFFICIAL
MO:OT,' SECTION 9-11 , 'CAMPAIGN CONTRIBllTIONS,' AND
SECTION 9-12, 'PROHIBITED CAMPAIGN .CONTRIBLITIONS BY
VENDORS '; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
The hearing will be held at c· Hall Commission Chambe 6130 Sunset
Drive, South Miami, Florida 33143 Commission members will participate
in Chambers or by video conferencing through the Zoom platform and members
of lhe public may join the meeting via Zoom at (htt s://zoom .usft 3056636338 ,
by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338
when prompted, or in person in the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Cler1<'s Office at: 305-663-6340.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must ensure that a verbatim record
of the proceedings is made, whi ch record includes the testimony and
evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for 'the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business-days before
the meeting not counting the day of the meeting) deliver your [Et(IUJtSt to
the City-Cl by telephone: 305-663-6340, by mail at 6130 Suns et Drive,
South Miami, Florida or email at npayne@southmiarnifl .gov.
4/21
Nkenga A. Payne, CMC , FCRM
City Clerk
23-97/0000658841 M
SUNDAY APRIL 23 2023 NEIGHBORS ...................................................................................................15SE
HDTM201
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