CITY OF TAVARES ELECTION - NOVEMBER 3, 2020
Dear Candidate:
We welcome your participation in the City of Tavares 2019 Municipal Election. The enclosed notebook includes information about the election laws, campaign financing, and the Florida Sunshine law, along with various forms that will need to be completed as part of the qualifying process.
Attached is the list of items to be completed and filed at the office of the Tavares City Clerk. Pre-filing forms can be turned in at any time to begin your campaign. All qualifying forms must be turned in during the period beginning August 1, 2019 at 12:00 noon and ending Thursday, August 15, 2019 at 12:00 noon in order for you to be qualified to run for Seat 2 or Seat 4 on the Tavares City Council and placed on the ballot. The notebook includes all forms and state statutes that are referenced in the forms you will be signing.
Please note that per F.S. 99.061(7)(a) the assessment fee of $63.79 must be paid out of the candidate’s campaign account. This is one percent of the annual salary which is currently $6,379.92 for councilmembers.
Effective January 1, 2015, all elected municipal officers must complete 4 hours of ethics training each calendar year which addresses the Code of Ethics for Public Officers and Employees and the public records and public meetings laws of Florida (F.S. 112.3142). Those elected officials who first assume office in 2019 will need to complete training on or before December 31, 2020. Information regarding training opportunities will be provided at a later date.
In addition, Web sites that you may find helpful and provide further information are as follows:
If you have further questions please contact me 352.742.6209.
Sincerely,
Susie Novack, MMC/FCRM, City Clerk/Election Qualifying Officer
Forms to be completed in Order to be Qualified as a Candidate
Pre-Filing Forms - Can be turned in at any time to the City Clerk to kick-off your campaign:
1) Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates. “Office sought”, should include the seat number. (Please note that any use of personal funds, including in-kind donations, towards election expenses are considered an expenditure.)
*The Appointment of Campaign Treasurer and Designation of Campaign Depository form (DS-DE 9) must be on file with the City Clerk before obtaining signatures on the petition form.
2) Statement of Candidate - (Section 106.023 F.S.)(DS-DE 84)) – File with the City Clerk within 10 days after the Appointment of Campaign Treasurer form is filed.
Qualifying Forms - To be turned in to the City Clerk between August 1, 2019 at 12:00 noon and August 15, 2019 at 12:00 noon
Qualifying forms (2-7) must be turned in to the City Clerk during qualifying period beginning August 1, 2019 at 12:00 noon and ending August 15, 2019 at 12:00 noon.
2) Petition for either Seat 2 or Seat 4 filled out and signed by at least 25 registered City voters. Prior to any signatures being obtained a campaign depository and campaign treasurer must be designated and submitted to the City Clerk. (F.S. 106.021) Do not delay turning in petitions to the City Clerk in order to allow sufficient time for the signatures to be validated by the Lake County Supervisor of Elections.
4) Candidate Oath – Nonpartisan Office DS-DE 302NP (this form must be notarized) and name printed phonetically. The candidate’s Florida Voter Registration Number must be included.
5) City of Tavares Candidate for Elected Office of Councilmember form.
6) Statement of Financial Interests for the year 2018 (Form 1).
7) The Election Assessment in the amount of $63.79 (1% of $6,379.92). Make check payable to the City of Tavares. The City will submit the assessment fee to the State of Florida. If the candidate is unable to pay the elections assessment, the form “Affidavit of Undue Burden” should be completed.
Financial Reports and Due Dates:
8) See pages 3 and 4 regarding Campaign Treasurer’s Reports /Waivers /Itemized Contributions /Itemized Expenditures and Calendar of Reporting Dates.
The following is a schedule of the financial reports to be filed with the office of the City Clerk after qualifying. This is done by:
Completing the Campaign Treasurer’s Report Summary (Form DS-DE 12; noting the time period being reported and the schedule identifier); or,
If there has been no activity in the account or no in-kind services for that period completing the Waiver of Report (DS-DE 87) on or before the date that the financial report is due.
Page 4 contains the [2018 Calendar of Reporting Dates] with the cover period dates along with the dates that the Campaign Treasurers Reports must be turned in to the City Clerk for G1 through G6.
Note that for all contributions and expenditures, an itemized report must also be completed giving the details of the contribution/expenditure. Contributions over $100 must include the occupation of the donor. (Itemized Reports – DS-DE 13 and DS-DE 14 should be turned in with the Campaign Treasurers Report Summary)
Campaign Treasurer’s reports must be signed by both the candidate and the campaign treasurer. If the candidate is his or her own treasurer, both places must be signed.
(Forms are also available on line at https://dos.myflorida.com/elections/forms-publications/forms/. Complete the form, print out, sign, and submit to the City Clerk.) In addition, please note that there are additional financial forms that may or may not pertain to your campaign. The most common reports-- Campaign Treasurer’s Report Summary, Itemized Contributions, and Itemized Distributions, and Waiver of Report-- have been provided in your notebook. 8 copies have been provided for G1-G6 and for the Termination (final) Report.
Per F.S. 106.07(2)(a), “Reports shall be filed not later than 5 p.m. of the day designated; however, any report postmarked by the United States Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timely manner. A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt from an established courier company, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner.”
2019 Calendar of Reporting Dates
Campaign Treasurer’s Reports
Cover Period | Report Code | Due Date |
05-01-19 – 05-31-19 | M5 | 06/10/19 |
06-01-19 – 06-30-19 | M6 | 07/10/19 |
07-01-19 – 07-31-19 | M7 | 08/12/19 |
08-01-19 – 08-28-19 | G1 | 09/06/19 |
08/29/19 – 09/10/19 | G2 | 09/20/19 |
09/11/19 – 09/24/19 | G3 | 10/04/19 |
09/25/19 – 10/01/19 | G4 | 10/11/19 |
10/02/19 – 10/15/19 | G5 | 10/25/19 |
10/16/19 – 10/31/19 | G6 | 11/01/19 |
Termination Reports
Due 90 Days after Qualifying (08/15/19) for Unopposed Candidates | TR | 11/13/19 |
For Candidates On Ballot 11/01/19 – 02/03/19 | TR | 02/03/20 |
Due dates in accordance with Florida Statutes 106.07
ELECTION LAWS AND SUPPLEMENTAL MATERIAL
City of Tavares Code of Ordinances - Charter
City of Tavares Code of Ordinances - Administration
Chapter 99 Florida Statutes - Candidates
Chapter 105 Florida Statutes - Nonpartisan Elections
Chapter 106 Florida Statutes - Campaign Financing
Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees
Candidate & Campaign Treasurer Handbook
PENALTY FOR LATE FILING: F.S. 106.07(8)(b)
Upon determining that a report is late, the filing officer shall immediately notify the candidate or chair of the political committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day. The fine is $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each special primary election, special election, primary election, and general election, the fine is $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. For reports required under s. 106.141(8), the fine is $50 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. Upon receipt of the report, the filing officer shall determine the amount of the fine which is due and shall notify the candidate or chair or registered agent of the political committee. The filing officer shall determine the amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 or other electronic filing system authorized in this section is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless appeal is made to the Florida Elections Commission pursuant to paragraph (c). Notice is deemed complete upon proof of delivery of written notice to the mailing or street address on record with the filing officer. In the case of a candidate, such fine is not an allowable campaign expenditure and shall be paid only from personal funds of the candidate. An officer or member of a political committee is not personally liable for such fine.
POLITICAL SIGNS:
The following disclaimer must be used on all campaign advertising per state statute 106.143(1)(a)(1):
“Political advertisement paid for and approved by _______________ (name of candidate) (No Party Affiliation) for the office of Tavares City Council, Seat ____.”
The following is the City’s Land Development Regulations regarding political signs. Political are temporary signs and if placed in the right of way will be removed by the City.
Land Development Regulations
Section 21-16 – Temporary Signs and Section 21-3 – Prohibited Signs
Section 21-16 - Temporary Signs
(A) Temporary Signs may only be displayed for a maximum of ninety (90) days during a calendar year. Temporary Signs are exempt from the permitting requirements under Section 21-4.
A Temporary Sign shall:
(1) Not exceed six (6) feet in height;
(2) Not exceed thirty-two (32) feet in Sign Copy Area;
(3) Not be an Electric Sign or Portable Sign;
(4) Not obstruct the visibility of a permanent sign;
(5) Not be illuminated; and
(6) Not be erected on vacant property, unless associated with a temporary vendor's permit.
(Ord. No. 2017-01, § 1, 4-5-17)
Section 21-3 - Prohibited Signs
The following signs are expressly prohibited unless exempted by another section of these regulations:
(B) Any temporary sign within the right-of-way of any street or public way. Any temporary sign or snipe sign within the right-of-way shall become the property of the City and may be immediately removed by the City without notice.
***Please note that no more than two (2) Temporary Signs shall be placed on a parcel and each sign shall be set back a minimum of five (5) feet from any road right-of-way and ten (10) feet from all side property lines.