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25-011 ORDINANCE NO. 25-011 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III 4 "ELECTIONS" OF THE CITY CODE ORDINANCES, TO RE-TITLE SECTION 5 2-42 TO READ "CANDIDATE REQUIREMENTS AND QUALIFICATIONS, 6 OFFICIAL BALLOT, AND FILING FEES" ESTABLISHING QUALIFYING 7 REQUIREMENTS, MODIFYING THE NUMBER OF PETITIONS REQUIRED 8 TO RUN FOR OFFICE, AND THE AMOUNT OF THE CAMPAIGN FILING 9 FEE; AND CREATING SECTION 2-48 ENTITLED "CAMPAIGN SIGNS — 10 BONDS, PENALTIES, AND FINANCIAL RESPONSIBILITY;" PROVIDING 11 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 12 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Section 2-42 of the City's Code of Ordinances currently requires candidates 15 to file a petition signed by at least twenty-five (25)duly qualified voters of the City and establishes 16 a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot 17. for regular and special elections in the City; and 1R WHEREAS, the number of petitions and filing fee amount have remained unchanged for 19 a significant period and no longer reflect the City's current population or administrative costs 20 associated with elections; and 21 WHEREAS, the City Commission has determined that an increase in the number of 22 petitions required to qualify and the filing fee is warranted to more accurately reflect the 23 administrative costs incurred by the City in processing candidate applications and conducting 24 elections; and Page 1 of 7 CODING: Words in stfil+e-tlifottgh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-011 25 WHEREAS, Article I, Section 3 of the City Charter establishes residency requirements for 26 candidates running for the office of Mayor or City Commission; however, it does not establish 27 verification requirements; and 28 WHEREAS, the City Commission desires to clarify the documentation required to qualify 29 for office within the City; and 30 WHEREAS, the City seeks to ensure proper placement and timely removal of temporary 31 campaign signs; and 32 WHEREAS, the City recognizes the importance of political speech protected by the First 33 Amendment while also recognizing the need for reasonable time, place, and manner restrictions 34 to serve significant governmental interests; and 35 WHEREAS, the City has a legitimate governmental interest in maintaining the aesthetic 36 appearance of the community, preventing visual clutter, and ensuring traffic safety; and 37 WHEREAS, the City Commission has studied filing fees and political sign bond fees 38 charged by comparable municipalities in Palm Beach County and the State of Florida to ensure 39 that any fees or penalties remain reasonable and do not create an undue burden to candidate 40 participation; and 41 WHEREAS, the City Commission finds that requiring personal financial responsibility for 42 sign bonds and penalties serves the public interest by ensuring candidates maintain accountability 43 for campaign signage compliance; and Page 2 of 7 CODING: Words in stiike4hreugh type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 25-011 44 WHEREAS, the City Commission has determined that this amendment serves the public 45 health, safety, and welfare of the citizens of the City of Boynton Beach. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA: 48 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 49 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 50 Section 2: Chapter 2, Article III, Section 2-42 "Official ballot, filing fees" of the City 51 Code of Ordinances is hereby re-named "Candidate Requirements and Qualifications, Official 52 Ballot, and Filing Fees," and amended to read as follows: 53 Sec. 2-42. Candidate Requirements and Qualifications, Official ballot, and filing fees. 54 55 L) Candidates for the Offices of Mayor and City Commission shall: 56 57 (1) Be registered and qualified electors of the City and at least 21 years of age at the time 58 of their qualifying as a candidate with the City Clerk; 59 60 (2) Have legally resided continuously within the City of Boynton Beach at least one year 61 prior to qualifying for the office. Positive and presumptive proof of legal residence 62 must be presented at the time the candidate qualifies. The documents presented to 63 the City Clerk shall include, but not be limited to, at least three of the following (as 64 applicable) demonstrating the candidate's residency in the City for at least one year 65 continuously prior to qualifying for the office: (i) lease agreement(s); (ii) proof of home 66 ownership; (iii) driver's license and/or Florida identification card with a City of Boynton 67 Beach residential address; (iv) utility bills or other bills in the candidate's name; and/or 68 (v) copies of the candidates filed income tax returns; 69 70 (3) Provide a Voter's Registration Card with a City of Boynton Beach residential address 71 and precinct; and 72 Page 3 of 7 CODING: Words in ilie-threugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-011 73 (4) Be required to maintain an actual and continuous legal residence for the duration of 74 their term of office in the City. 75 76 (b) The City Commission shall prepare or cause to be prepared the official ballot for each 77 regular and special election of the CEity. Each candidate for the Office of the City 78 Commission shall file a petition signed by at least twenty—five—(2-54 fifty (50) duly qualified 79 voters of the City, and each Mayoral candidate shall file a petition signed by at least one 80 hundred (100) duly qualified voters of the City.)-- All candidates shall submit an 81 administrative filing fee of two percent (2%) of the salary of 82 the position being sought, in addition to any election assessment fee established by 83 section 99.093. Florida Statutes. Such fees will be waived if the candidate is exempt from 84 paying the election assessment under section 99.093, Florida Statutes. 85 86 u Completion of these requirements which will result in the appearance in alphabetical order 87 of the name of the particular candidate upon the official general election ballot. All such 88 filing fees collected shall be deposited into the general fund. None but the official ballot 89 shall be used. 90 91 Section 3: Chapter 2, Article III, Section 2-48 "Campaign Signs— Bonds, Penalties, and 92 Financial Responsibility" of the City Code of Ordinances is hereby created to read as follows: 93 Sec. 2-48. Campaign Signs— Bonds, Penalties, and Financial Responsibility. 94 (a) Definitions. 95 For purposes of this section, the following terms shall have the meanings indicated below: 96 (1) "Campaign sign" means any temporary sign erected, placed, or displayed on public or 97 commercial property for the purpose of influencing voter opinion in connection with any 98 City election, referendum, or political campaign. 99 (2) "Candidate" means any person who has qualified as a candidate for Mayor or the City 100 Commission or who has filed an intention to seek such office. 101 (3) "Personal account" means any financial account owned by the candidate as an 102 individual and not associated with or connected to any campaign account created under 103 Chapter 106, Florida Statutes. 104 Page 4 of 7 CODING: Words in e- eugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-011 105 (b) Sign Bond Requirement. 106 (1) Prior to the placement of any campaign signs within the City limits, each candidate shall 107 post a refundable sign bond in the amount of $500.00 with the City Clerk. 108 (2) The sign bond shall be paid by personal check, cashier's check, or money order drawn 109 from the candidate's personal account, not from any campaign account created under no Chapter 106, Florida Statutes. 111 (3) The candidate shall complete a Sign Bond Affidavit, on the form provided by the City 112 Clerk, certifying that the funds used for the sign bond are from the candidate's personal 113 account and not from any campaign account. 114 115 (c) Refund of Sign Bond and Penalties. 116 (1) Any violation or repeat violation of this article may be pursued by the community 117 standards division by any means available by law or equity. Any candidate or campaign 118 violating this section shall be issued a civil violation (citation) in the amount of $500.00 per 119 violation. After 24 hours' notice is given to the campaign treasurer or deputy treasurer, the 120 City may draw on the bond placed pursuant to this section towards the payment of any 121 delinquent penalties which are assessed by the City for any violations of the provisions 122 herein. 123 124 (2) The sign bond will be refunded in full to the candidate's personal account if: 125 a. All of the candidate's campaign signs are removed by the candidate or the 126 candidate's representatives within ten (10) days following the election; and 127 b. No violations of this section occurred during the campaign period. 128 (3) If the candidate or candidate's representatives fail to remove all campaign signs within 129 ten (10) days following the election, or if violations of this section occurred during the 130 campaign period, the sign bond will be forfeited to the extent necessary to cover the costs 131 of sign removal by the City and/or any assessed penalties. 132 (4) Any portion of the sign bond remaining after deduction of costs and penalties will be 133 refunded to the candidate's personal account. 134 (5) Nothing herein prevents the City from charging a candidate the actual removal cost 135 pursuant to section 106.1435, Florida Statutes, or from citing a candidate for violations of 136 the City Code pursuant to Chapter 162, Florida Statutes. 137 (6) The candidate shall pay any costs or penalties assessed pursuant to this section from a 138 personal account, not from any campaign account established under Chapter 106, Florida 139 Statutes, and the candidate shall submit a Payment Affidavit, on the form provided by the Page 5 of 7 CODING: Words in stfike-through type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 25-011 140 City Clerk, certifying that any penalties or costs paid are from the candidate's personal 141 account and not from any campaign account. 142 143 Section 4: Codification. It is the intention of the City Commission of the City of 144 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 145 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 146 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be 147 changed to "Section," "Article,"or such other word or phrase in order to accomplish such intention. 148 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be 149 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 150 or invalid part shall be considered as eliminated and in no way affect the validity of the other 151 provisions of this Ordinance. 152 Section 6: Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts 153 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 154 Section 7. Effective Date. This Ordinance shall take effect immediately upon 155 adoption. 156 157 [SIGNATURES ON THE FOLLOWING PAGE) 158 159 160 Page 6 of 7 CODING: Words in i4tfike4kreegh type are deletions from existing law, Words in underlined type are additions. ORDINANCE NO. 25-011 161 FIRST READING this B day of CLcA , 2025. 162 SECOND, FINAL READING AND PASSAGE this \k day of et-ct_ * , 2025. 163 CITY OF BOYNTON BEACH, FLORIDA 164 YES NO 165 166 Mayor- Rebecca Shelton 167 168 Vice Mayor- Woodrow L. Hay 169 170 Commissioner-Angela Cruz 171 172 Commissioner-Thomas Turkin l/ 173 174 Commissioner-Aimee Kelley 175 176 VOTE 5 0 177 ATTEST: 178 179 180 0////// / 18Maylee DeJ= us, MMC Reb cca Shelton 182 City Clerk Mayor 183 184 APPR7 ED AS TO FOR : ./.6k;-.** 185 (Corporate Seal) ••••• :.-10;11� ..NoikATE( •..-Y 1 : Died tit 186 0:c � • a\(147 r. 187 ; } 00\ $ Shawna G. Lamb 188 $..30�O020i $ City Attorney pit ••.....••• Page 7 of 7 CODING: Words in sH lce eugh type are deletions from existing law; Words in underlined type are additions.