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Home My WebLink AboutO-12363J-02-376 4/10/03 ORDINANCE NO. 12363 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," TO (1) REQUIRE PAYMENT OF A FEE IN THE AMOUNT OF $100 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, (2) REQUIRE PAYMENT OF A FEE IN THE AMOUNT OF $100 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI, (3) ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID, AND (4) ESTABLISH AN EXEMPTION FROM PAYMENT OF THE REQUIRED QUALIFICATION FEE; MORE PARTICULARLY BY ADDING NEW SUBSECTIONS 16-6(a)(6) AND 16-6(b)(7) AND SECTION 16-7, AND AMENDING SUBSECTION 16-6(c) TO THE CODE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission is desirous of establishing a fee required to be paid by individuals seeking to qualify for nomination or election as Mayor or Commissioner for the City of Miami; and WHEREAS, the Miami City Commission recognizes that an exigent circumstance may exist or an individual's financial status may render the individual unable to pay the required qualification fee; and 12363 WHEREAS, the Miami City Commission, when such a condition exists, is desirous of providing an exemption from payment of the qualification fee; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 16 of the Code of the City of Miami, Florida, as amended, concerning election laws, is amended in the following particulars:'/ "Chapter 16 ELECTIONS Sec. 16-6. Candidate qualifications; affidavit, and form thereof, required of candidates for Office of Commissioner or Mayor; finding candidate unqualified; failure to submit affidavit; authorization for City Clerk to pursue judicial declaration. (a) A candidate for the office of mayor shall: (1) Possess the qualifications requisite to an elector at a general state election; 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 5 12363 (2) Have resided within the city at least one year prior to qualifying for the office; (3) Be required to maintain an actual and real residence for the duration of his term of office in the city; (4) Have been registered by the city registration books that have been prescribed by ordinance; ai:id (5) Be a qualified elector of the city as set forth in Section 8 of the Charter of the city-; and (6) Shall pay a qualification fee in the amount of $100. (b) A candidate for the office of Commissioner shall: (1) Possess the qualifications requisite to an elector at a general state election; (2) Have resided, within the city for at least one year prior to qualifying; (3) Have resided within the district they wish to represent for at least one year prior to qualifying; (4) Be required to maintain an actual and real residence for the duration of their term in the city and in their district; (5) Have been registered by the city registration books that have been prescribed by ordinance; ai-A (6) Be a qualified elector of the city as set forth in section 8 of the Charter of the city—; and (7) Shall pay a qualification fee in the amount of $100. Notwithstanding the foregoing, those commissioners elected in November 1997 are not required to possess the residency requirement set forth in subsection (3) above, but must reside in the district they are elected to represent within three months after the election. Page 3 of 5 12363 (c) Candidates for nomination and election to the office of Commissioner or Mayor shall pay the required Qualification fee and file with the City Clerk, on a form submitted by the clerk, a sworn statement in the following form containing the following information: Sec. 16-7. Exemption from payment of the qualifying fee. Anv person seekinq to run for the office of mayor or as a City Commissioner who is unable to pay the qualification fee without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the City Clerk, be exempt from paying the qualification fee." Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section S. This Ordinance shall become effective thirty days after final reading and adoption thereof.21 z/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 5 12363 PASSED ON FIRST READING BY TITLE ONLY this loth day of April , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of May , 2003. ATTEST: (a" �L ��. JAI JAW 44441 dc E PRISCILLA A. T OMPSON CITY CLERK APPROV AS EOtM CORRECTNESS t/ O"ANDRO VILARELLO TY ATTORNEY W1439:elf:MJC:BSS Page 5 of 5 ob MANUEL A. DIAZ, MAYOR 126363 Second Reading Ordinance 30 TO: Honorable Mayor and Members DATE: March 14, 2003 FILE of the City Commission SUBJECT: Qualification Fee to Run for Municipal Office FROM: Priscilla A. Thompson REFERENCES: April 10, 2003 Agenda City Clerk ENCLOSURES: Ordinance. list of fees Recommendation: It is respectfully recommended that the Commission determine the appropriate qualification fee to run for municipal office for the City of Miami and pass the proposed ordinance. Background: The voters of the City, of Miami passed a charter amendment on November 2001, which provided for the qualification fee to run for municipal office for the City of Miami to be prescribed by ordinance. Currently there is no amount specified. In the past, said qualification fee was stipulated in the Charter as $100. We are including, for your convenience, a list of qualifying fees currently charged by some municipalities in Miami - Dade County. The next City of Miami election is scheduled for November 4, 2003. The first day of qualifying for office is September 5, 2003. By copy of this memorandum to the Agenda Office, we are requesting that this issue be placed on the April 10, 2003 Commission meeting agenda. PAT:ss 12363 Sec. 7. Election of city commissioners and mayor. A general municipal election for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in November in odd -numbered years. A runoff election for the mayor and city commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. All elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter. The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for the office of mayor or city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying period as prescribed in this Charter prior to the date of such general municipal election or special election to fill a vacancy. Any person qualified to run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk including his or her name, address, occupation and willingness to serve if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. All such qualifying documents and fees shall be deposited with the city clerk no later than 6:00 pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy. (Laws of Fla., ch. 15339(1931); Laws of Fla., ch. 19974(1939); Laws of Fla., ch. 21387(1941); Laws of Fla., ch. 22395(1943);. Laws of Fla., ch. 23408(1945); Char. Amend. No. 1, 3-14-72; Char. Amend. No. 6, 11-6-73; Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01) Editor's note: Res. No. 01-843, § 1, adopted August 9, 2001, amended § 7 in its entirety to read as herein set out. Formerly, § 7 pertained to regular and primary elections of commissioners. The historical notation has been retained for reference purposes. 12363 Aventura Bal Harbour Bay Harbor Islands Biscayne Park Coral Gables EI Portal Florida City Golden Beach Hialeah Hialeah Gardens UANDIDATE QUALIFYING FEF- Miami -Dade County Municipalities Municipal State Mayor $100.00 $100.00 Council $100.00 $75.00 Municipal State Mayor $0.00 1% Council $0.00 1% Municipal State Mayor $10.00 $0.01 Council $10.00 $0.01 Municipal State Mayor $100.00 $40.00 Council $100.00 $40.00 Municipal State Mayor $200.00 $402.39 Council $200.00 $258.71 Municipal State Mayor $15.00 $1.00 Council $15.00 $1.00 Municipal State Mayor $25.00 $1,005.00 Council $25.00 $80.02 Municipal State Mayor $50.00 $0.02 Council $50.00 $0.02 Municipal State Mayor $100.00 $1,050.14 Council $100.00 $24.00 Municipal State Mayor $100.00 $45.00 Council $50.00 $27.60 12363 12, 3 6 3 L,,NDIDATE QUALIFYING FEEb Miami -Dade County Municipalities Homestead Municipal State Mayor $200.00 1 % Council $200.00 1% Indian Creek Municipal State Mayor $0.00 $2.00 Council $0.00 $2.00 Key Biscayne Municipal State Mayor $100.00 1% Council $100.00 1% Medley Municipal State Mayor $25.00 $1,455.50 Council $25.00 $280.87 Miami Beach Municipal State Mayor $1,200.00 $160.00 Council $900.00 $120.00 Miami Lakes Municipal State Mayor $100.00 1% Council $100.00 1% Miami Springs Municipal State Mayor $25.00 $78.00 Council $25.00 $60.00 Miami Shores Municipal State Mayor $0.00 $0.01 Council $0.00 $0.01 North Bay Village Municipal State Mayor $100.00 1% Council $100.00 1% North Miami Municipal State Mayor $210.00 $42.00 Council $180.00 $36.00 12, 3 6 3 2363 CANDIDATE QUALIFYING FEL--* Miami -Dade County Municipalities North Miami Beach Municipal State Mayor $180.00 1% Council $150.00 1% Opa-Locka Municipal State Mayor $250.00 1% Council $250.00 1% Pinecrest Municipal State Mayor $100.00 $0.00 Council $100.00 $0.00 South Miami Municipal State Mayor $100.00 $30.00 Council $100.00 $30.00 Sunny Isles Municipal State Mayor $100.00 1% Council $100.00 1% Surfside Municipal State Mayor $0.00 $0.01 Council $0.00 $0.01 Sweetwater Municipal State Mayor $150.00 1% Council $75.00 1% Virginia Gardens Municipal State Mayor $50.00 $90.00 Council $25.00 $31.50 West Miami Municipal State Mayor $75.00 1% Council $75.00 .1% 2363 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," MORE PARTICULARLY BY ADDING SECTION 16-6(a)(6), REQUIR- ING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION 16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI; AMENDING SEC- TION 16-6(c), TO ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID; ADDING SECTION 16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT OF THE QUALIFICATION FEE REQUIRED BY SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. ��SY OFA A PRISCILLA A. THOMPSON CITY CLERK EwIB 96 e43313'58316M (#11028) 4128 9 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," MORE PARTICULARLY BY ADDING SECTION 16-6(a)(6), REQUIR- ING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION 16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI; AMENDING SEC- TION 16-6(c), TO ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID; ADDING SECTION 16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT OF THE QUALIFICATION FEE REQUIRED BY SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. °F4 i F 9� Ifi 96 Q 9p£C ..F��tiO (#11028) 4128 PRISCILLA A. THOMPSON CITY CLERK OR 03-4-331358316M r ; O ORDINANCE NO. 'I` AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," MORE PARTICULARLY BY ADDING SECTION 16-6(a)(6), REQUIR- ING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION 16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI; AMENDING SEC- TION 16-6(c), TO ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID; ADDING SECTION 16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT OF THE QUALIFICATION FEE REQUIRED BY SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. ` A PRISCILLAA. THOMPSON CITY CLERK O iB 98 qQE, .FLp��O (#11028) 4/28 03-4-358316M j0 V\r3 J� �It4A apS 0011 O ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'ELECTIONS,' MORE PARTICULARLY BY ADDING SECTION 16-6(a)(6), REQUIR- ING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION 16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI; AMENDING SEC- TION 16-6(c), TO ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID; ADDING SECTION 16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT OF THE QUALIFICATION FEE REQUIRED BY SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. rw � PRISCILLA A. THOMPSON CITY CLERK ie 9fi O (1111028) 4/28 03-4-33/358316M