HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-006 Temp. Ord. #T02429
April 22, 2020
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0 -.2O 2O— COL,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE II, "CITY COMMISSION," OF THE
CITY OF TAMARAC CODE OF ORDINANCES, BY CREATING
SECTION 2-36, "CAMPAIGN FINANCE REPORTS"; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State 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, Broward County currently requires all candidates for Broward County
office to file their campaign treasurer reports electronically with the Supervisor of Elections in
Broward County; and
WHEREAS, the City of Tamarac has been committed to the use and implementation
of technology and certain platforms to improve government efficiency, to make government
more accessible and user-friendly, and whenever possible, reduce the demands on our
resources; and
WHEREAS, the City has the authority under Section 106.07(2)(a)2, Florida Statutes,
to impose electronic filing requirements for campaign finance reports required to be filed by
each person, candidate, political committee, electioneering communications organization or
other individual or organization required to file such reports pursuant to Chapter 106, Florida
Statutes, where not inconsistent with Section 106.0705, Florida Statutes; and
WHEREAS, the City Commission believes that the implementation of a mandatory
electronic filing system for campaign treasurer reports will continue the commitment
referenced above; and
WHEREAS, the City Commission finds that such a system is consistent with
applicable Florida laws and best serves the health, safety and welfare of the citizens and
residents of the City of Tamarac.
Temp. Ord. #T02429
April 22, 2020
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Commission hereby amends Chapter 2, "Administration," of the
City Code, by creating Section 2-46 of Article II to read as follows:
Section 2-36 - CAMPAIGN FINANCE REPORTS
aj Electronic Reporting.
Candidates for the Office of Mayor or City Commissioner shall file their
Campaign Treasurer's Reports electronically with the City Clerk. The City Clerk
shall determine the required format for the Campaign Treasurer's Reports and
shall provide copies of the form upon request. For purposes of this Article,
"Campaign Treasurer's Reports" or "Reports" shall mean the reports required of
the campaign treasurers of candidates pursuant to Section 106.07, Florida
Statutes, as may amended from time to time, Reports filed pursuant to this
section shall be completed and filed through the electronic filing system not later
than midnight of the day designated. Reports not filed by midnight of the day
designated are late filed and subject to the penalties below, and all other
applicable penalties, as otherwise provided by law.
1� Electronic Posting.
Campaign Treasurer's Reports submitted by candidates for the Office of Mayor
or City Commissioner shall be posted on the City's website by the City Clerk
within three (3) business days of date of the electronic filing by such candidate,
or any other time period as may be established by applicable law. 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 in any way violate any federal,
state, or local law.
Penalties.
In addition to any other penalties which may be applicable, and as otherwise
provided by law, any individual who violates this section shall be subject to a
fine up to fifty dollars ($50.00)per day for the first three (3) days late and,
Temp. Ord. #T02429
April 22, 2020
Page 3
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 Treasurer's 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.
Training Assistance.
The City Clerk shall provide training assistance to candidates regarding the
electronic filing requirements herein.
SECTION 3. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts
thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
SECTION 4. Codification. It is the intention of the City Commission of the City of
Tamarac, Florida that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may
be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article" or
such other word or phrase in order to accomplish such intention.
SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of
word of this Ordinance or portion hereof be held or declared by any court of competent
jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as
eliminated and shall not affect the validity of the remaining portions or applications of this
Ordinance.
Temp. Ord. #T02429
April 22, 2020
Page 4
SECTION 6. Effective Date. This Ordinance shall become effective upon adoption.
PASSED, FIRST READING this day of , 2020.
PASSED, SECOND READING this -'' day of (1-z , 2020.
BY: CCLt. U. g i D/�/
MAY R MICHELLE J. GONIEZ
ATTEST
L; _ c 6�,:; il RECORD OF COMMISSION VOTE: 1ST Reading
ENN ,'''R JO SON, CMC MAYOR GOMEZ / mil
CITY CL DIST 1: VIM COMM. BOLTON �C A wI
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN , ,
DIST 4: COMM. PLACKO p,
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: V/M COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
tIV
`J
SAMUEL S. G
CITY ATTORNE