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HomeMy Public PortalAbout2022-09 - Electronic Filing of Campaign Finance ReportsSponsored by: City Clerk ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 8.5 ENTITLED "ELECTIONS" OF THE CITY CODE OF ORDINANCES BY CREATING SECTION 8.5-10 TO REQUIRE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WITH THE CITY CLERK OF THE CITY OF OPA-LOCKA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida legislature has enacted legislation that requires all candidates for state offices to file their campaign treasurer reports electronically with the Department of State; and WHEREAS, the Miami -Dade County Board of County Commissioners has enacted legislation that requires all candidates for county office to file their campaign treasurer reports electronically with the Supervisor of Elections in Miami -Dade County; and WHEREAS, the City of Opa-locka ("City") seeks to utilize available technology to require electronic filing of campaign finance reports in ways not inconsistent with Section 106.07, Florida Statutes and as determined, from time to time, by the City; and WHEREAS, the City Commission fully appreciates the importance of continuing to build its technological infrastructure and is therefore instructing the City Clerk to require electronic campaign finance reporting for all candidates seeking to appear on the ballot in any City of Opa-Locka election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. RECITALS. The recitals to the preamble herein are incorporated by reference. SECTION 2. AMENDMENT TO THE CITY CODE Ordinance No. 2022-09 Chapter 8.5 of the City of Opa-Locka Code of Ordinances entitled "Elections" is hereby amended to create Section 8.5-10 to be entitled Electronic Campaign Finance Reporting. SECTION 3 SECTION 8.5-10 ELECTRONIC CAMPAIGN FINANCE REPORTING The City Commission of the City of Opa-Locka, Florida hereby requires electronic campaign finance reporting for all candidates seeking to appear on the ballot in any City of Opa-Locka election. Candidates for the Office of Mayor and City Commission shall file their Campaign Finance Report electronically with the City Clerk. A. FORMAT, METHOD OF FILING AND COPIES The City Clerk shall determine the format required for the Campaign Finance Reports and shall provide copies of any report upon request. For the purpose of this Section, "Campaign Finance Reports" shall mean the reports required of the campaign treasurers of candidates pursuant to Section 106.07, Florida Statutes. B. ELECTRONIC POSTING Campaign Finance Reports submitted by candidates for the Office of Mayor and City Commission shall be posted on the City's website by the City Clerk within three (3) business days of the date of the electronic filing by such candidate. The City reserves the right, prior to posting to review all filings and redact any material that would violate any copyright, trademark, patent or other proprietary rights of others, or any language, pictures or symbols that would be considered pornography, obscenity, nudity, libelous or in any way violates any federal, state or local law. C. PENALTIES In addition to any other penalties which may be applicable, any individual who violates this Ordinance shall be subject to a fine of Fifty Dollars ($50.00) per day for the first three (3) days late and, thereafter, Five Hundred Dollars ($500.00) per day for each day late, not to exceed Twenty - Five Percent (25%) of the total receipts or expenditures, whichever is greater, for the period covered by the late report. If it is determined by a court which has jurisdiction over an alleged violation of this Ordinance that unusual circumstances caused the Campaign Finance Report to be filed late, no fine shall be imposed by the court. As used herein, "unusual circumstances" shall mean uncommon, rare or sudden events over which the actor has no control and which directly result in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner. Ordinance No. 2022-09 B. TECHNICAL ASSISTANCE The City Clerk shall provide technical assistance to candidates regarding the electronic filing requirements herein. The City Commission may, by resolution, establish a schedule of fees for such technical assistance. SECTION 4. REPEAL OF CONFLICTING PROVISIONS. To the extent any provisions of the Code conflict with this Ordinance, those provisions are repealed in their entirety. SECTION 5. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 6. INCLUSION IN THE CODE. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Opa-Locka, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the world "Ordinance" shall be changed to "Section" or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective upon adoption on second reading. PASSED FIRST READING this 12th day of January, 2022. PASSED SECOND READING this 23rd day of February, 2022. Veronica J. Williams`,Mayor Ordinance No. 2022-09 ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: a Flores, City Clerk Burnadette Norris -Weeks, P.A. Moved by: Vice Mayor Taylor Seconded by: Commissioner Bass VOTE: 4-0 Commissioner Bass: YES Commissioner Davis: ABSENT Commissioner Dominguez: YES Vice -Mayor Taylor: YES Mayor Williams: YES 4 City of Opa-Locka Agenda Cover Memo Office of the City Clerk: Joanna Flores Department Director Signature: C c /aRila' .whirs Commission Meeting Date: 01/12/2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: (Enter Fund & Dept) N/A Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bi#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organization Bus. & Economic Dev 0 Public Safety • Quality of Education • Qual. of Life & City Image • Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Enhance the organization of campaign finance records and improve communication with candidates and committees. X Sponsor Name: City Clerk Department: Office of the City Clerk Short Title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 8.5 ENTITLED "ELECTIONS" OF THE CITY CODE OF ORDINANCES BY CREATING SECTION 8.5-10 TO REQUIRE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WITH THE CITY CLERK OF THE CITY OF OPA-LOCKA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In alignment with legislation passed by the Florida legislation requiring all candidates for state offices to file their campaign treasurer reports electronically with the Department of State, in addition to legislation enacted by the Miami -Dade County Board of County Commissioners that requires all candidates for county office to file their campaign treasurer reports electronically with the Supervisor of Elections in Miami -Dade County, the City of Opa- locka is seeking to utilize available technology to maximize access to government services and public information, while also reducing the burden on taxpayer dollars by transitioning to digital online campaign finance reporting. Proposed Action: Staff recommends approval Attachment: 2NW I FLORIDA DEPARTMENT OF HEALTH NEIGHBORS I One of two state complaints against a Hollywood dentist says he perforated a tooth BY DAVID J. NEAL dneal@miamiherald.com A South Florida dentist got the rare double shot of two Florida Department of Health administrative complaints filed against him, one of which says he violated the minimum standards of dentistry. The address on Eric Schuetz's online Department of Health license entry is that of Sunrise's Florida Center for Oral Surgery, which says he doesn't work there. A Google search says he works out of Relax and Smile in North Miami Beach. But the complaints come from patients Schuetz saw at Holly- wood's Affordable Den- tistry, where he definitely still works and is featured prominently on the web - site. Administrative com- plaints start the discipline process rolling. Schuetz has been licensed in Florida since Jan. 9, 1998. Schuetz got reprimanded, find $1,500 and ordered to complete a continuing education course on ethics after a 2019 complaint. That complaint says while Schuetz was part owner of North Miami Beach's Risa Dental Center, he was aware that his co-owner was practicing dentistry MARICE COHN BAND MARICE COHN BAND Dentist tools. without a license. The co-owner was arrested in 2013 for unlicensed prac- tice of dentistry. TOOTH AND RECORDS One administrative com- plaint says on Jan. 2, 2019, CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC . NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at the Regular Commission Meeting on Wednesday, February 23, 2022 at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption: SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 8.5 ENTITLED "ELECTIONS" OF THE CITY CODE OF ORDINANCES BY CREATING SECTION 8.5-10 TO REQUIRE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WITH THE CITY CLERK OF THE CITY OF OPA-LOCKA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on January 12, 2022). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on February 9, 2022). All interested persons are encouraged to participate and will be heard with respect to the public hearings. Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@ooaiockafl.gov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafl.00v no later than 7:00 p.m. on Wednesday, February 23, 2022. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than five (5) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. Joanna Flores, CMC City Clerk City of Opa-locka another dentist said pa- tient "B.H." needed a new bridge because the one from teeth No. 4 through 6 was failing. Schuetz put posts in tooth No. 5 on Jan. 15, 2019, to help build up the tooth's structure. The complaint says Schuetz "placed the posts in tooth 5 in a manner that perforated the tooth." When B.H. submitted a written request for her records in July 2020, the complaint said, Schuetz's office didn't "furnish B.H. with copies of her dental records due" and still hadn't as of Oct. 27, 2021. The office alleged an unpaid or disputed fee. The complaint says Schuetz didn't maintain written dental records of B.H., her medical history forms, signed informed consent forms or records of drugs prescribed or administered to her. JUST THE RECORDS The other complaint filed this year says Y.L. came to Affordable Den- tistry for a filling on June 25, 2019, and repair to SUNDAY FEBRUARY 13 2022 that filling Jan. 15, 2021. Schuetz, the complaint says, didn't keep the ra- diographs or X-rays taken on either occasion, nor did he "maintain patient his- tory or medical records related to Y.L." David J. Neal: 305-376-3559, @DavidJNeal Correction Actors Danny Pino and Steven Bauer are graduates of Miami Coral Park High School. Becaue of an editing error, an article on Feb. 6 in Neighbors, which included a listing of celebrities from Miami -Dade schools, incorrectly included both names under a different high school. FDOT Public Meeting Notice State Road (SR) 953/Lejeune RoadlE 8 Avenue from NW 79 Street/E 25 Street to NW 103 Street/E 49 Street Project Identification Number: 443927-1-52-01 The Florida Department of Transportation (FDOT) will host a Public Meeting, both in person and virtually, for a roadway project along S 953/Lejeune Road/E 8 Avenue from NW 79 Street/E 25 Street to NW 103 Street/E 49 Street, in Miami -Dade County. 6 p.m,,Tuesday, February 15, 2022 In -Person Public Meeting will be held at: Milander Park, 4700 Palm Avenue Hialeah, FL 33012 To register scan the QR Code. To Register for the Virtual Public Meeting: Scan the QR Code or visit the link: https://attendee.gotowebinar.com/register/3676158174039855372 Participants can also call in by dialing +1 (415) 655-0052 Access code: 231-755-965 The in -person meeting will be in compliance with all current Centers for Disease Control and Prevention (CDC) guidelines will be followed. The meeting will consist of a formal presentation followed by an open discussion. Staff will be available to answer questions as time permits, in the order received. If your question is not responded to during the event, a response will be provided in writing following the meeting. Project contact: Community Outreach Specialist Rodolfo Roman at 305-470-5521 or Rodolfo.Roman@dot.state.fl.us. Public participation at this meeting is solicited without regard to race, color, national origin, age, sex, religion, disability or family status. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this Public Meeting is asked to advise the agency at least seven days before the meeting by contacting: Nicholas Danu, P.E. at 305-470-5219 or in writing: FDOT, 1000 N.W. 111 Avenue, Miami, FL 33172, email: Nicholas.Danu@dot.state,f.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1.800-955-8771 (TDD) or 1 800-955-8770 (Voice). Visit www.fdotmiamidade.com for project information.