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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15560 Ordinance First Reading Sponsored by: Joe Carollo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ELECTIONS/ELECTRONIC REPORTING," MORE PARTICULARLY BY AMENDING SECTION 16-20 OF THE CITY CODE, TITLED "ELECTRONIC REPORTING/PENALTIES," TO PROVIDE THAT CANDIDATES WHO GIFT OR LOAN THEMSELVES AN AGGREGATE OF FUNDS IN EXCESS OF ONE THOUSAND DOLLARS IN ANY MUNICIPAL ELECTION BE REQUIRED TO FILE AND "AGED FUNDS" REPORT, UNDER PENALTY OF PERJURY; PROVIDING EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 15560 (Revision:) Printed On: 7/24/2025 City of Miami Legislation Ordinance File Number: 15560 Final Action Date: 3/14/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ELECTIONS/ELECTRONIC REPORTING," MORE PARTICULARLY BY AMENDING SECTION 16-20 OF THE CITY CODE, TITLED "ELECTRONIC REPORTING/PENALTIES," TO PROVIDE THAT CANDIDATES WHO GIFT OR LOAN THEMSELVES AN AGGREGATE OF FUNDS IN EXCESS OF ONE THOUSAND DOLLARS IN ANY MUNICIPAL ELECTION BE REQUIRED TO FILE AND "AGED FUNDS" REPORT, UNDER PENALTY OF PERJURY; PROVIDING EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 16 of the Code of the City of Miami, Florida, as amended ("City Code") provides the general requirements for reporting campaign contributions for elected office in the City of Miami ("City"); and WHEREAS, recognizing the importance of transparency in campaign finance, there is a need to implement measures that ensure full disclosure of financial contributions, including loans made by candidates to their own campaigns; and WHEREAS, in pursuit of comprehensive campaign finance reform, it is imperative to address the issue of "aged money" in the context of loans to self, whereby candidates may strategically time the reporting of such loans to obscure the true financial picture of their campaigns, necessitating clear regulations to ensure timely and accurate disclosure of all financial transactions to the public and relevant authorities; and WHEREAS, the City Commission finds that it is in the best interest of City residents to increase the transparency of personal loans made to campaigns of candidates to elected office in the City by amending Chapter 16, Article II of the City Code to provide for the disclosure of an aged funds report for all personal loans in excess of one thousand dollars ($1,000.00); 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/Article II of the City Code is amended in the following particulars:1 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. City of Miami File ID: 15560 (Revision:) Printed On: 7/24/2025 "CHAPTER 16 ELECTIONS ARTICLE II. ELECTRONIC REPORTING Sec. 16-20. Electronic reporting/penalties. (a) Each person, candidate, political committee, electioneering communications organization, or other individual or organization required to file campaign treasurer's reports with the city clerk in their official capacity as filing officer for the City of Miami ("city") pursuant to F.S. ch. 106, shall file such reports by means of the city's electronic filing system beginning with the campaign treasurer's report due on August 10, 2017. (1) Any failure to file reports on the designated due date shall subject the violator to those penalties provided in F.S. ch. 106. (2) The city clerk shall determine the required format and related process for the campaign treasurer's reports and shall provide copies of information upon request. (b) Each candidate who gifts or loans themselves an aggregate of funds in excess of One Thousand and 00/100 Dollars in any municipal election shall be required to file an aged funds report with the City Clerk certifying, under the penalty of perjury, that the candidate had said funds in the originating account for a minimum of four (4) months immediately prior to the candidate making said gift or loan. If a candidate does not gift or loan themselves an aggregate of funds in excess of One Thousand and 00/100 Dollars in any municipal election, then said candidate shall not be required to submit an aged funds report. (1) The city clerk shall determine the required format and related process for the aged funds reports and shall provide copies of information upon request. (2) Aged funds reports shall have the same due date and cover the same reporting period as campaign treasurer's reports. If a candidate has not gifted or loaned themselves any aggregate or additional funds since its last report, then the candidate shall not be required to submit another aged funds report. (3) Any failure to file reports on the designated due date shall subject the violator to a $500.00 fine. (bc) Definitions. Campaign treasurer's reports shall mean the campaign finance reports required to be filed by each person, candidate, political committee, electioneering communications organization, or other individual or organization, pursuant to F.S. ch. 106. Person, candidate, political committee, and electioneering communications organization shall have the meanings ascribed to such terms in F.S. ch. 106. Sec. 16-21. Electronic posting. Campaign treasurer reports electronically filed pursuant to this article shall be posted on the city's website by the city clerk within three business days of any such report's electronic filing date. Sec. 16-22. Technical assistance. The city clerk shall provide technical assistance to those subject to the electronic filing requirements set forth above. The city commission may, by resolution, establish a schedule of fees for such technical assistance. City of Miami File ID: 15560 (Revision:) Printed On: 7/24/2025 *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become immediately after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor ey ) 2/12/2024 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami File ID: 15560 (Revision:) Printed On: 7/24/2025