An Ordinance of the Mayor and City Commission of the City of Hallandale Beach, Florida

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5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING 7 CHAPTER 12, ELECTIONS; SECTION 12-02, MANNER OF 8 QUALIFICATION, NOTICE OF CANDIDACY; SECTION 12-04, 9 QUALIFICATION OF CANDIDATES; PROVIDING FOR 10 CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING 11 FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, during the November 2012 General Elections, the electors of the City of 15Hallandale Beach voted to amend the City’s Charter to assign each commission seat a number; 16and 17 18 WHEREAS, the 2012 Florida State Legislature amended Chapter 75-250 of the Laws of 19Florida, to require Broward County candidates of municipal elections to file qualification papers 20pursuant to the same timeframes as candidates of county elections provided for in Section 2199.061(2) of the Florida Statutes; and 22

23 WHEREAS, the 2013 Florida Legislature amended Section 100.061 of the Florida 24Statute, to change the dates of the primary election for political nominations from the Tuesday, 25twelve (12) weeks before the general election to the Tuesday ten (10) weeks before the general 26election; and 27 28 WHEREAS, Section 12-04 of the City’s Code of Ordinance has not been amended to 29incorporate the requirements of special Law 75-250; and 30 31 WHEREAS, Section 12-02 subsection (c) of the City’s Code of Ordinance currently does 32not reflect commission seat numbers, nor complies with the language of the notice of candidacy 33for Broward County offices; and 34

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2IWO NO. 2013 - 219 (VLW) 35 WHEREAS, municipal office candidates in the City of Hallandale Beach must now 36comply with both Section 100.061 and Section 99.061(2) of the Florida Statute, requiring a 37change of the current City’s Code of Ordinance; and 38 39 WHEREAS, the City Administration recommends that the Mayor and the City 40Commission adopts the proposed amendments to the Election Ordinance to conform to the 41Florida Statute; and 42 43 WHEREAS, the Mayor and the City Commission have determined that it is in the best 44interest of the residents of the City of Hallandale Beach to amend Section 12-02 and 12-04 so 45that the Election Ordinance in Chapter 12 is in accordance with the Florida Statutes. 46 47 NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF 48HALLANDALE BEACH, FLORIDA: 49 50 SECTION 1. Chapter 12, Election; Section 12-02, Manner of Qualification, is amended 51to read as follows: 52 53Section 12-02: 54 ******************* 55 (c) Notice of candidacy. The form of notice of candidacy shall be as follows:

56 I, ______, currently reside in Hallandale Beach. At all times during the prior 57 twelve months, I have resided, and have had the intent to permanently reside, in 58 Hallandale Beach. I am a registered voter in Hallandale Beach. My residence 59 address is ______, Hallandale Beach, Florida, ______. I hereby 60 announce my candidacy for the office of (Mayor-Commissioner) (Commissioner) 61 [cross out inapplicable provision] to be voted for at the election to be held on the 62 ______day of ______, ______. I hereby agree to obey all the

/s/ Signature of Candidate

63 laws relating to my candidacy and to serve if elected. 64 Sworn to and subscribed before me this ______day of 65 ______/______/______, at Broward County, Florida.

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4IWO NO. 2013 - 219 (VLW) /s/ Notary Public, State of Florida at Large

66 DATE AND HOUR OF FILING: 67 ______

/s/ CITY CLERK/ELECTION OFFICIAL 68 RECEIVED BY: 69 70 State of Florida 71 County of 72 Before me, an officer authorized to administer oaths, personally appeared (please 73 print name as you wish it to appear on the ballot) , to me well known, who, being sworn, 74 says that he or she is a candidate for the office of (mayor-commissioner)(Commissioner) 75 seat number ______; that he or she is a qualified elector of Hallandale Beach, Florida; that 76 he or she is qualified under the Constitution, the laws of Florida, and the Code of Ordinances 77 of the City of Hallandale Beach to hold the office to which he or she desires to be elected; 78 that he or she has qualified for no other public office in the state, the term of which office or 79 any part thereof runs concurrent with that of the office he or she seeks; that he or she has 80 resigned from any office from which he or she is required to resign pursuant to s. 99.012, 81 Florida Statutes; and that he or she will support the Constitution of the United States, the 82 Constitution of the State of Florida and the Code of Ordinances of the City of Hallandale 83 Beach. 84 (Signature of candidate) 85 (Address) 86 Sworn to and subscribed before me this day of, (year), at County, Florida. 87 (Signature and title of officer administering oath)

88 DATE AND HOUR OF FILING: 89 ______

/s/ CITY CLERK/ELECTION OFFICIAL

90 RECEIVED BY: 91

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6IWO NO. 2013 - 219 (VLW) 92 SECTION 2. Chapter 12, Election; Section 12-04, Qualifications of Candidates is 93amended to read as follows:

94 Section 12-04. - Qualification of candidates. 95 The time and manner for qualification of candidates for election to the office of mayor- 96commissioner and commissioner shall be as follows:

97 (1) 98 Time for qualification. 99 a. 100 Regular election. Candidates who qualify to run for office in the City of 101 Hallandale Beach must comply with the same timeframes as candidates who 102 qualify to run for Broward County offices, as may be amended from time to time, 103 pursuant to Section 99.06(2) of the Florida Statutes. 104 Candidates must shall file qualification papers qualify to file to run for the 105 office of mayor-commissioner or commissioner as follows: at any time 106 after noon on the 141 st day (typically the 3rd Monday in June) prior to the general 107 election but not later than noon on the 137 th day (typically the following Friday of 108 June) prior to the general election. If either of these dates falls on a legal 109 holiday, then the qualification papers must be filed on the first regular business 110 day thereafter.

111 1. 112 Elections held in March. For any election held in March of a 113 calendar year, the qualifying period for candidates to file shall begin at 114 noon on the first regular business day in January, and shall end at noon 115 on the seventh day following the first regular business day in January of 116 the calendar year in which the election is to be held. 117 2. 118 Elections held in November. For any election held in November of 119 a calendar year, the qualifying period for candidates to file shall begin at 120 noon on the first regular business day in September, and shall end at 121 noon on the seventh day following the first regular business day in 122 September of the calendar year in which the election is to be held. 123 124 ************************

125 SECTION 3. Conflict. All ordinances or portions of the Code of Ordinances of the City 126of Hallandale Beach in conflict with the provisions of this ordinance shall be repealed to the 127extent of such conflict.

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129 SECTION 4. Severability. Should any provision of this ordinance be declared by a 130court of competent jurisdiction to be invalid, the same shall not affect the validity of the 131ordinance as a whole, or any part thereof, other than the part declared to be invalid. 132 133 SECTION 5. Codification. It is the intention of the Mayor and City Commission that the 134provisions of this ordinance be incorporated into the Code of Ordinances; to effect such 135intention the words “ordinance” or “section” may be changed to other appropriate words. 136

137 SECTION 6. This Ordinance shall take effect immediately upon adoption. 138

139 PASSED AND ADOPTED on 1st reading on August 21, 2013. 140

141 PASSED AND ADOPTED on 2nd reading on______, 2013. 142 143 144 145 ______

146 JOY F. COOPER

147 MAYOR

148SPONSORED BY: CITY ATTORNEY 149 150 151ATTEST: 152 153 154 155______

156SHEENA JAMES, CMC

157CITY CLERK

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10IWO NO. 2013 - 219 (VLW) 158 159 160 161APPROVED AS TO LEGAL SUFFICIENCY and

162FORM 163 164 165 166______

167V. LYNN WHITFIELD

168CITY ATTORNEY

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