2245
ORDINANCE NO. 2245
0
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 8, ELECTIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, 1962, TO DELETE
PROHIBITION OF POLITICAL ADVERTISING IN
ANY CLUB OR ASSOCIATION PUBLICATION; TO
ELIMINATE THE REQUIREMENT FOR A POLITICAL
SIGN PERMIT; TO CLARIFY THE REQUIREMENTS
AS TO CANDIDATES' QUALIFICATIONS; TO PROVIDE
FOR A MAXIMUM OF FIVE HUNDRED PETITION
CARDS FOR EACH CANDIDATE; TO CLARIFY AS
TO WHEN A CANDIDATE MAY WITHDRAW HIS NAME
FROM NOMINATION; TO CLARIFY AS TO ACTIVITIES
OF CANDIDATE PRIOR TO FILING FOR OFFICE; TO
CLARIFY AS TO HOW CONTRIBUTIONS MUST BE
RECEIVED; TO CLARIFY DAYS OF THE MONTH FOR
THE FILING OF REPORTS BY EACH CAMPAIGN
TREASURER; TO PROVIDE THAT REPORTS POST-
MARKED BY TWELVE MIDNIGHT ON THE DUE DATE
WILL BE CONSIDERED ON TIME; TO CLARIFY SUB-
MISSION OF SUPPLEMENTAL STATEMENTS; TO
PROVIDE THAT THE CANDIDATE AND HIS CAMPAIGN
TREASURER WITHIN NINETY DAYS AFTER THE
ELECTION SHALL SHOW DISPOSITION OF ALL FUNDS;
PROVIDING FOR THE SEPARABILITY. OF THE PRO-
VISIONS HEREOF; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PROPER NOTICE OF
PROPOSED ENACTMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 8-52, Campaign regulations, of Article III,
Campaign Regulations, of Chapter 8, Elections, of the Code of Ordinances
of the City of Clearwater, Florida, 1962, is hereby amended to repeal
subparagraph (1), reletter and amend subparagraph (m) and reletter the
following subparagraphs, as follows:
(14-- Poliiieal,a4verti InoMbibed-in.
er-asss ip jKiblieatrienw
(xxi}--Fo•1?€ieak?igps-ahal?,-r?uirr?per?i?s-€??crrr3-?e?t?
barkkag?ep??t?eatand-ee?pliaxee wktlh-t?e?rro??ieic}u?
e€ -a ectiwt- 4$-& (c-)- (1-} e9 -the -Cede -(f- tlv& jGity-o-f
Clearwaterr-4Io-649 3s- a-& it#ed-in-ei-tj?-r?q-of-way,
Candidates erecting political signs shall comply with the
requirements of Section 18-8 (c) (1) (2) 3 and (4) of the
Code of Ordinances of the Cit?L of Clearwater.
All bulletins, acts, programs, new,ssheets, magazines,
pamphlets, brochures, handbills, letters or writing
of any kind published, issued, mailed or distributed
advocating election or defeat of a candidate shall identify
in a prominent place--in print equal in size to or larger
than the smallest print appearing thereon--the publisher
of such material, the person paying for publication thereof,
and the name of the person expressing the views. Proper
SEE ORDINANCE
&JaAlllYl111Jl1111/11/1»1!1 110 -Aux"J
Ord #2215 # ?.?3
-1- n_/20J80
4
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,s`/^.i Fi a?••'•Z.°. .tie y Fi: i; ? ;r' y. .1:?.'•• ?',{Y.,f? •?:Y•'T? y `.a ?'.. •;??r ,.,f4.:
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?e'°i??;?'•' n?, ' ? k..- a •'R _f`7?: i ,x• 'e;'rt ?. ;3r •. ,s?, .: rr! ,'?:'r G. : ':?,•., ?1 ?t;'g :ja;:. ':.s;r
rie'.z:?i.:•?e':.zri??-;'ai.l:?"'?`!???+ -.9it??i.k.?._,.u:i?.?'%':.:.r,r-.,av?J?^a.:,?:"t? ""a.,:?_1•_ :i::?...r:?' _' _.,'?':?"'. ?°' :?°?'?
0
identification is "Paid political advertisement paid for
by (name of persons or organization paying for such
advertisement). " Political advertisement is a paid
expression in a mass media, attracting public attention,
whether radio, television, newspaper, magazine,
periodical, direct mail, display, or by means other
than the spoken word in direct conversation, which
shall transmit any idea furthering the candidacy for public
office of'any person, excluding the campaign messages
designed to be worn on a person's clothing.
(n) (-c4- All political committees or associations are required
to file as a committee with the city clerk's office and
must adhere to all regulations in this section. They
are also required to submit treasurer's reports in the
same fashion as stipulated in section 8-57.
Section 2. Subparagraphs (b), (c), (e) and (g) of Section 8-54,
Candidates' qualifications, of Article IV, Candidates, of Chapter 8,
Elections, of the code of Ordinances of the City of Clearwater, Florida,
1962, are hereby amended to read as follows:
f
Ord 02245
(b) All candidates for the offices of mayor-commissioner
or city commissioner must be at least eighteen (18) years
of age, and ,,.must have continuously resided in the
city for at least one year.
axd-r?rxiet-ai?rran-afidav?i '
b4 -that -ef€ee~t at- the -Unve Z1-s-ubnAtUag-& jsetibien-f4rr-
eleetienr A twenty-five dollar ($25.00) filing fee
shall be paid by the candidate from personal funds.
Candidates shall be nominated without knowledge of
party affiliation or political belief.
(c) Any person who seeks to qualify for nomination to any munici-
pal office -shal-l-proeure- will receive a maximum
of five hundred (500) of the required four-inch by
six-inch printed petition cards from the office of the
city clerk: Each petition card shall contain the name
and address of the elector, the name of the candidate
and the office being sought.
(e) Candidates for the office of mayor-commissioner or
city commissioner may file qualifying papers in the
office of the city clerk during regular business hours
.at Clearwater City Hall not more than sixty (60) days
and not leas than thirty-five (35) days prior to the date
of election. P;ri[an.to44*ernty-(2,G)-days bef-ot%P_- th-e-s ? ed-
ele tiexr Any candidate may. withdraw his name from
nomination, but no fee will be refunded.
(g) A candidate may announce his intention to run thirty
(30) days prior to the first filing date; he may secure
signatures on nominating petition cards, promises in
regard to campaign contributions, workers and other
types of assistance but he may not collect funds, expend
or contract to expend funds and may not speak at public
gatherings in furtherance of his candidacy or allow others
to do so for him prior?a-tappel:rtme?tb of-?s?apa$g
?xeasurer e*&des g tlea.of-a ?afigx. pcsai?e y.at?cl-
prior to filing for office.
11/20/80
I
Section 3. Subparagraph (d) of Section 8-57, Campaign treasurer,
of Article V, Campaign Financing, of Chapter 8, Elections, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
to read as follows:
(d) All funds received by the campaign treasurer of
any candidate shall prior to the end of the second
business day following the receipt thereof (Saturday,
'Sundays and legal holidays excluded) be deposited
in a campaign depository designated in accordance with
subsection (a) hereof, in an account designated "campaign
account of (name of candidate), " All deposits shall be
accompanied by a bank deposit slip containing the name
of each contributor and the amount contributed by each.
¦
Any contribution in an amount of one hundred dollars
($100. 00) or less need not be deposited in such account
until the end of the seventh day following the receipt
thereof unless during such seven-day period the aggregate
of contributions received totals more than one hundred
dollars ($100.00). No contribution or expenditure of
money or other eacpendituxes o?ebligefiios•£-t,eand3'ttte-
ke?€or-ki`s things of value, nor obligation thereof,
including contributions, Snenditures or obligations of
the candidate himself or his family, shall be made, received
or incurred directly or indirectly in furtherance of any
candidacy or any such candidate except through the duly
appointed campaign treasurer of the candidate.
Section 4. Section 8-58, Reports, certification and filing, of
Article V, Campaign Financing, of Chapter 8, Elections, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
to read as follows:
Section 8-58. Reports, certification and filing.
Each campaign treasurer designated by a candidate pursuant
to section 8-57 (a) of the Code shall file regular reports of all
c ontributione received and all expenditures made by or on
behalf of such candidate. Reports shall be filed on the first
Monday of each calendar quarter from the time the campaign
..treasurer is appointed. Following the last day of qualifying
for office, the report shall be filed:
(a) On the first and thixd.Monc&ys- Fridays of each month
and the Monday immediately preceding the election for
a candidate who is opposed in seeking nomination or
election to the office of mayor-commissioner and
city commissioner.
-3-
Otd., # 2245
k
1.1120180
r
(b) All reports required of a candidate by this section shall
be filed with the office of the city clerk. Reports shall
be filed not later than 5:00 p.m. of the day designatedr,L
but if postmarked b twelve midnight on the due date the
report will be considered filed on time. All such reports
shall be open to public inspection.
(c) A report shall be filed forty-five (45) days after the last
municipal election in a given election period in which a
candidate is eliminated for noniirialion or election to
office. If such report shows an unexpended balance of
contributions, the campaign treasurer of the candidate
shall file with the office of the city clerk, pursuant to
subsection (b) hereof, a supplemental statement of
contributions and expenditures. Suc-rsapplrersze?al-
a t&bemenb -sha41 4>e- filed-oar -the fir st7 Uenday-of- eaeh-
eak3xda•n s}ualte r-u*Ul- -the-,a*aount- show-ne-Ame wend"
balaa?e-af-?rti?iiat??ior?s-axed-tare-aeeetux? ?a?s-beeA-o-loe-esl.
(d) The candidate and his campaign treasurer in-tke-aa &&
e -a-eandWarbe-shall certify as to the correctness of
each report and within ninety (90) days after the election
shall show disposition of all funds. Each person so
certifying shall bear the responsibility for the accuracy
and veracity of each report. Any campaign treasurer or
candidate who wilfully certifies the correctness of any
report while knowing that such report is incorrect, false
or incomplete is guilty of a felony of the third degree
punishable as provided in Section 775.082, 775. 083
or 775. 084, Florida Statutes.
(e) Notwithstanding any other provision of this code or
Section 106.07, Florida Statutes, as amended, in any
reporting period during which a candidate has not received
funds, the filing of the required report for that period is
waived. However, the next report filed must specify that
the report covers the entire period between the last sub-
mitted report and the report being filed; and any candidate
not reporting by virtue of this subsection on dates pre-
scribed elsewhere in this section shall notify the city clerk
in writing on the prescribed reporting date that no report
is being filed on that date.
Section 5. Should any section, paragraph, sentence, phrase,
clause or other part or provision of this ordinance be declared by any
court to -be -invalid, the same shall not affect the validity of the ordinance
as a whole, or'any part thereof, other than the part declared to be invalid.
Section 6. All ordinances or parts of ordinances in conflict
herewith or inconsistent with the provisions of this ordinance are hereby
repealed to the. extent of their conflict.
-4-
Ord #2245 11/20/80
Section 7. Notice of the proposed enactment of this ordinance
has be6n properly advertised in a newspaper of general circulation in
accordance with Section 166.041, Florida Statutes.
Section B. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING November 6, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED November 20, 1980
AS AMENDED
Mayor-Commissioner
Attast: .
City Clerk
i
t t -5-
":Ord-"'#2i4s 11/20/80
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CLEARWATER SUN
Published Daily
O t Clearwater, Pinellas County, Florida T.
STATE OF FLORIDA F
COUNTY OF PINELLASt
Before the undersigned authority personally appeared Mary Ann Marrareill, who on oath says that
she is the Clarified Sales Manager of the Clearwater Sun, a daily newspaper published at Clearwater In
Pinellas County, Floridat that the attached copy of adrertisrment, being a ........................
......,?T4Y.? AC..14 9.4?. VA ......................................... Inthe matter of I
,,..,..Considex.Ado1Ption of..Ordi.nance.No. .224.5.. ,, ,
fa the ....................XXXXV ... • ......................... • Court. was published In
sold newspaper In the issues of .. NQVAUtbAr..1.0s...3 R8.0 ...........................
.................................................................................
Afflani further says that the said Clearwater Sun is is newspaper puhllshed at Clearwater, in said
Pinellas County, Florida, and that the said newspaper has heretofore been eontinuoualy published h. said
Pinellas County, Florida, each day and has been entered as second class mall matter at the post office in
Clearwater, In said Pinellas County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement& and affiant further says that she has neither paid nor promised
any person, firm or corporatin any discount, rebate, commission or re: and for the purpose of securing
this =J.'isment for publication In the said newspaper.
.. .. .. ..k. Sworn to and subscribed before me
this... Q ..........day 9:79. P.37 ........ A.D.19.B 0
{SEAT. Notary Public
CS-09 1107M., NOLIC, STATE Of FLORIDA at LA3i=
My C '0 1.21CU L-FIRCS ASAT t7, Ila,
EOAD111 7,44 LLNE"I. 3113. UNDLAWm ILKS
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