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HomeMy Public PortalAbout2022-03 Creating section 2-105 Campaign Finance Reports of Chapter 2 of the Village Code of OrdinancesO RD I N A N C E N O . 2 0 2 2 -0 3 A N O RD I N A N C E O F T H E V I L L A G E O F KE Y B I S C A Y N E , F L O R I D A , C RE A T I N G S E C T I O N 2 -10 5 , "C A M P A I G N F I N A N C E RE P O R T S ," O F C H A P T E R 2 O F T H E V I L L A G E C O D E O F O RD I N A N C E S T O E S T A B L I S H C A M P A IG N F I N A N C E RE P O R T F I L I N G RE Q U IRE M E N T S ; P R O V I D I N G F O R S E V E RA B I L I T Y ; P R O V I D IN G F O R C O D I F I C A T I O N ; P R O V I D I N G F O R C O N F L IC T S ; A N D P R O V I D I N G F O R A N E F F E C T I V E D A T E . W H E RE A S , pursuant to Section 106.0705, Florida Statutes, all candidates for state offices are required to file their campaign treasurer reports electronically with the Florida Department of State; and WHEREAS, similarly, Chapter 12 of the Miami-Dade County ("County") Code of Ordinances requires all candidates for County office to file campaign treasurer reports electronically with the County Supervisor of Elections; and WHEREAS, Section 106.07, Florida Statutes, permits municipalities to require the filing of electronic campaign treasurer reports; and WHEREAS, the Village Council desires to require the electronic filing of campaign finance reports requirements; and WHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Creating Section 2-105, "Campaign Finance Reports" of the Village Code. That the Code of Key Biscayne, Florida, is hereby amended by adding a section to be numbered 2-105, which section reads as follows: CHAPTER 2 - ADMINISTRATION *** Article V. - ELECTIONS *** 1 C oding : Strikethr0t 1gh w ords are deletions to the existing w ords. U nderlined w ords are additions to the existing w ords. C hanges betw een fi rst and second reading are indicated w ith €ltrnl-lhi sirilrn ihro Ngh and double underline S e c tio n 2 -1 0 5 . - C a m p a ig n F in a n c e R e p o rt s . (a ) Electronic reporting. Candidates for the offices of Councilmember and Mayor shall file their Campaign Treasurer's Reports electronically with the Village Clerk. The Village Clerk shall determine the required format for the Campaign Treasurer's Reports and shall provide copies upon request. For purposes of this section, "Campaign Treasurer's Reports" shall mean the reports required of the campaign treasurers of candidates pursuant to Section 106.07, Florida Statutes, as amended. (b) Electronic posting. Campaign Treasurer's Reports submitted by candidates for the offices of Councilmember and Mayor shall be posted on the Village's website by the Village Clerk within one business day from the report due date. The Village 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 which in any way violates any federal, state or local law. ( c) Penalties. Any violation of this section shall be subject to the penalties provided in Chapter 106, Florida Statutes. ( d) Informational materials. The Village Clerk shall provide informational materials to candidates regarding the Village's electronic filing requirements contained herein. *** Section 3. Severability. That 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 4. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the~ day of _~M~a=r~ch~ __ , 2022. PASSED AND ADOPTED on second reading on the 12th day of April , 2022. ATTEST: APPROVED AS TO FORM AND LEGALITY: WE ISS SEROTA HE LFMAN COLE & BIERM AN, P.L. VILLAGE ATT ORNE Y M IA M I-D A D E STA T E O F FL O R ID A C O U N TY O F M IA M I-D A D E : Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oatti says that he or she is the DIR_ECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday' Sunday and Legal Holidays) newspaper, published at M1am1 in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE. ORDINANCES. SECOND READING - APR. 12, 2022 in the X X X X Court, was published in said newspaper by print in the issues of and/or by publication on the newspaper's website if authorized, on ' VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE- CLERK; PUBLIC NOTICE 04/01/2022 Affiant further says that the newspaper complies with all legal requirements for publication in chapter Fl 'd Statutes SO, on a §flf:!:!!_~~~ 1c;LAOW22 (SEAL) Notice· is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to beh eld on Tuesday, April j2, -2022 at 6:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 202 1-07 WfllCH ADOPTED THE BUDGET FOR FISCAL YEAR 20 21-20 22 BY REVISING THE 20 2 1-2022 FISCAL. YEAR BUDGET; PROVIDING FOR IMPLEME~TATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING SECTION 2-10 5, "CAMPAIGN FINANCE REPORTS," OF· CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES TO ESTABLISH 'CAMPAIGN FINANCE REPORT FILING. REQUIREMENTS; PROVIDING FOR ·SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE; FLORIDA, AMENDING ARTICLE II, CHAPTER 26, "GOLF CARTS," OF THE VII.LAGE ~ODE OF ORDINANCES RELATING TO GOLF -~~RT A~r;> ~.QW , MOVING VEHICLE USE WITHIN THE VILLAGE; PROVIDING FOR! iSEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR; 1CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ; I The proposed ordinances may be inspected by the public at the Office of' the Village Clerk. A ny pers o n w ishing to ad dress the V ill age C ouncil on', · any item at th is Public H earing m ay call (30 5) 365 -7569 , Zoom M eeting ID:; '2 31 627 84 15 and be heard w ith respe ct to the proposed O rdinances. In accordance with the Americans With Disabilities Aot of 1990, all persons] who are disabled arid who need special accommodations to participate in this proceeding because of that disability should contact the Office of the. Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and-evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted· in writing via-email to publiccomments@keybiscayne.fl..gov. 4/1 Jocelyn Koch, Village Clerk 22•04/0000587023M