06-8 City Code Sections 2-487 through 2-490ARTICLE VII. STANDARDS OF CONDUCT
Page 15 of 20
serving on a city evaluation and/or selection committee. In addition to any other penalty
provided by law, violation of any provision of this division by a city employee shall subject said
employee to disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the city attorney's
office or state attorney's office, and/or may file a complaint with the county ethics commission.
(c) The requirements of Section 2-11.1 (t) of the Code of Miami-Dade County, Florida, relating
to the county's cone of silence ordinance, as same may be amended from time to time shall not
apply to the city.
(Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01; Ord. No. 2002-3377, § 1, 7-31-02;
Ord. No. 2002-3378, § 1, 7-31-02)
Editor's note: Ord. No. 2002-3378, § 1, adopted July 31, 2002, amended § 2-486 in its entirety.
Because Ord. No. 2002-3378 did not specifically repeal subsection (d), the renumbering of subsection
(d) as subsection (c) is at the discretion of the editor.
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. 2-487. Prohibited campaign contributions by vendors.
A. General.
(1) (a) No vendor shall give a campaign contribution directly or indirectly to a
candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. Commencing on the effective date of this ordinance, all proposed city
contracts, purchase orders, standing orders, direct payments, as well as requests for
proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI),
or bids issued by the city, shall incorporate this section so as to notify potential vendors
of the proscription embodied herein.
(b) No candidate or campaign committee of a candidate for the offices of mayor
or commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectly from a vendor. Candidates (or those
acting on their behalfl shall ensure compliance with this code section by
confirming with the procurement division's city records (including City of Miami
Beach website) to verify the vendor status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this section.
Each act of giving or depositing a contribution in violation of this section shall constitute
a separate violation. All contributions deposited by a candidate in violation of this section
shall be forfeited to the city's general revenue fund.
(3) (a) Disqualification from serving as vendor.
1. A person or entity other than a vendor who directly or indirectly makes
a contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified for a period of 12 months following the
swearing in of the subject elected official from serving as a vendor with
the city.
2. i. A vendor who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be
disqualified from serving as a vendor with the city for a period of 12
months from a final finding of violation, or from action on a waiver request
by the Miami Beach City Commission (per subsection B herein below) in
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010
ARTICLE VII. STANDARDS OF CONDUCTS Page 16 of 20
the event a waiver of said violation is sought.
ii. In the event such waiver request for a particular transaction is
granted, the affected vendor shall nonetheless be disqualified
from serving as a vendor with the city as to all other vendor
projects for the stated 12-month period. In the event such waiver
request is denied for a particular transaction, the 12-month
disqualification period shall apply to both the particular transaction
which was the subject of the waiver request, as well as all other
vendor projects during that 12-month period.
(b} Definition. For purposes of this section, the term "disqualified" shall be
defined to include:
1. Termination of a donor/vendor's existing contract with the city, subject
to the waiver provisions of subsections B(1)(d) and B(2) herein; and
2. Disqualification of a donor's response to solicitation requests for
prospective vendor contracts with the city, subject to the waiver
provisions of subsections B(1)(a), (b) and (c) herein.
(4) As used in this section:
(a} 1. A "vendor" is a person and/or entity who has been selected by the city
as the successful contractor on a present or pending solicitation for goods,
equipment or services, or has been approved by the city on a present or pending
award for goods, equipment or services prior to or upon execution of a contract,
purchase order, standing order, direct payment or purchasing card payment. The
term "vendor" shall not include those persons and/or entities who provide goods,
equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal
year wherein city commission action is not required.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of ten
percent or more of the outstanding capital stock in any corporation or a
direct or indirect interest of ten percent or more in a firm. The term "firm"
shall mean a corporation, partnership, business trust or any legal entity
other than a natural person.
3. For purposes of this section, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment or
services.
(b} For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional and/or
consulting services to the city.
(c) The term contribution shall have the meaning ascribed to such term in F.S.
ch. 106, as amended and supplemented (copies available in city clerks office).
B. Waiver of prohibition.
(1) Conditions for waiver. The requirements of this section may be waived by a five-
sevenths vote for a particular transaction by city commission vote after public hearing
upon finding that:
(a} The goods, equipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such goods, equipment or services
without entering into a transaction which would violate this section but for waiver
of its requirements; or
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010
ARTICLE VII. STANDARDS OF CONDUCT
Page 17 of 20
(b) The business entity involved in the proposed transaction is the sole source
of supply as determined by the city's procurement director in accordance with
procedures established in subsection 2-367(c) of this Code; or
(c) An emergency contract (as authorized by the city manager pursuant to
section 2-396 of this Code) must be made in order to protect the health, safety or
welfare of the citizens of the city, as determined by afive-sevenths vote of the
city commission; or
(d} A contract for the provision of goods, equipment or services exists which, if
terminated by the city, would be adverse to the best economic interests of the
city.
(2) Conditions for limited waiver. Notwithstanding the denial by the city commission of
a waiver request regarding an existing contract per subsection B(1)(d) above, upon a
five-sevenths vote of the city commission at a public hearing, a limited waiver may be
granted on an existing contract upon a finding that in order to protect the health, safety
and welfare of the citizens of the city, continuation of said contract for a limited period of
time (not to exceed six months) is necessary in order for the city to obtain a replacement
vendor.
(3) Full disclosure. Any grant of waiver by the city commission must be supported with
a full disclosure of the subject campaign contribution.
C. Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
(Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03; Ord. No. 2004-3446, § 1, 5-26-04;
Ord. No. 2005-3486, § 1, 6-8-05; Ord. No. 2006-3544, § 1, 12-6-06)
Sec. 2-488. Prohibited campaign contributions by lobbyists on procurement issues.
(1 } No lobbyist on a present or pending solicitation for goods, equipment or services or on a
present or pending award for goods, equipment or services prior to or upon execution of a
contract, purchase order, standing order, direct payment, or purchasing card payment shall
solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate, for the offices of mayor or commissioner. The term "lobbyist" shall not
include those individuals who lobby on behalf of persons and/or entities in connection with their
provision of goods, equipments or services not exceeding $10,000.00 in a City of Miami Beach
fiscal year wherein city commission action is not required.
(a} Commencing on the effective date of this ordinance, all proposed city contracts,
purchase orders, standing orders, direct payments, as well as requests for proposals
(RFP}, requests for qualifications (RFQ}, requests for letters of interest (RFLI), or bids
issued by the city, shall incorporate this section so as to notify lobbyists of the
proscription embodied herein.
(b) No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any campaign
contribution directly or indirectly from a lobbyist subject to the provisions of this
ordinance. Candidates (or those acting on their behalf shall ensure compliance with this
code section by confirming with the city clerk's records to verify the lobbyist status of any
potential donor.
(2) (a) A person other than a lobbyist on a procurement issue as set forth in subsection (1)
above, who directly or indirectly solicits for or makes a contribution to a candidate who is elected
to the office of mayor or commissioner shall be disqualified for a period of 12 months following
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010
ARTICLE VII. STANDARDS OF CONDUCT
Page 18 of 20
the swearing in of the subject elected official from lobbying the city commission in connection
with a present or pending bid for goods, equipment or services or on a present or pending
award for goods, equipment or services.
(b) A lobbyist on a procurement issue as set forth in subsection (1) above, who directly
or indirectly makes a contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified from lobbying the city commission in connection with
a present or pending bid for goods, equipment or services or on a present or pending
award for goods, equipment or services for a period of 12 months from a final finding of
violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each
act of soliciting, giving or depositing a contribution in violation of this section shall constitute a
separate violation. All contributions received by a candidate in violation of this section shall be
forfeited to the city's general revenue fund.
(4} The term "contribution" shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(Ord. No. 2003-3393, § 1, 2-5-03; Ord. No. 2005-3486, § 2, 6-8-05; Ord. No. 2006-3544, § 2, 12-6-06)
Sec. 2-489. Prohibited campaign contributions by real estate developers.
A. General.
(1) (a) No real estate developer shall give a campaign contribution directly or indirectly
to a candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. Commencing on the February 15, 2003, all applications for development
agreements and for changes in zoning map designation as well as future land use map
changes shall incorporate this section so as to notify potential real estate developers of
the proscription embodied herein.
(b) No candidate, or campaign committee of a candidate for the offices of mayor
or commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectly from a real estate developer.
Candidates (or those acting on their behalfl shall ensure compliance with this
code section by confirming with the city planning department's records (including
city of Miami Beach website) to verify the real estate developer status of any
potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this section.
Each act of giving or depositing a contribution in violation of this section shall constitute
a separate violation. All contributions deposited by a candidate in violation of this section
shall be forfeited to the city's general revenue fund.
(3) (a) A person or entity other than a real estate developer who directly or indirectly
makes a contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified for a period of 12 months following the swearing in of
the subject elected official from becoming a real estate developer.
(b) 1. Areal estate developer who directly or indirectly makes a contribution to
a candidate who is elected to the office of mayor or commissioner shall be
disqualified from becoming a real estate developer for a period of 12 months
from a final finding of violation, or from action on a waiver request by the Miami
Beach City Commission in the event a waiver of said violation is sought.
2. In the event such waiver request for a particular real estate project
and/or land use application is granted, the affected real estate developer
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010
ARTICLE VII. STANDARDS OF CONDUCT
Page 19 of 20
shall nonetheless be disqualified from serving as a real estate developer
with the city as to all other relevant real estate projects and/or
applications for land use relief referred to in subsection A(4)(a)(1) below
for the stated 12-month period. In the event such waiver request is denied
for a particular real estate project and/or land use application, the 12-
month disqualification period for the affected real estate developer shall
apply to both the particular real estate project and/or land use application
which was the subject of the waiver request, as well as all other relevant
real estate projects and/or applications for land use relief referred to in
subsection A(4)(a)(1) below during that 12-month period.
(c) Areal estate developer shall not make a contribution within 12 months after
termination of its status as a real estate developer.
(4) As used in this section:
(a} 1. A "real estate developer" is a person and/or entity who has a pending
application for a development agreement with the city or who is currently
negotiating with the city for a development agreement, or, who has a present or
pending application with the city for a change of zoning map designation or a
change to the city's future land use map.
2. "Real estate developer" shall include natural persons and/or entities
who hold a controlling financial interest in a real estate developer entity.
The term "controlling financial interest" shall mean the ownership, directly
or indirectly, of ten percent or more of the outstanding capital stock in any
corporation or a direct or indirect interest of ten percent or more in a firm.
The term "firm" shall mean a corporation, partnership, business trust or
any legal entity other than a natural person.
3. For purposes of this section, "real estate developer" status shall
terminate upon the final approval or disapproval by the city commission of
the requested development agreement, and/or upon final approval or
disapproval of the subject application for the land use relief, referred to in
subsection (4}(a}1. above.
(b} The term "development agreement" shall have the meaning ascribed to such
term in F.S. ch. 163, as amended and supplemented. For purposes of this
section, the term "development agreement" shall include any amendments,
extensions, modifications or clarifications thereto.
(c) The term contribution shall have the meaning ascribed to such term in F.S.
ch. 106, as amended and supplemented.
B. Conditions for waiver of prohibition. The requirements of this section may be waived by a
five-sevenths vote for a particular real estate project and/or land use application by city
commission vote after public hearing upon finding that such waiver would be in the best interest
of the city.
Any grant of waiver by the city commission must be supported with a full disclosure of the
subject campaign contribution.
C. Applicability. This section shall be applicable only to prospective real estate projects and/or
applications for land use relief, and the city commission may in no case ratify a development
agreement and/or application for land use relief entered into in violation of this section.
(Ord. No. 2003-3394, § 1, 2-5-03; Ord. No. 2005-3486, § 3, 6-8-05}
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010
ARTICLE VII. STANDARDS OF CONDUCT
Page 20 of 20
Sec. 2-490. Prohibited campaign contributions by lobbyists on real estate development
issues.
(1 } No lobbyist on a pending application for a development agreement with the city, or
application for change of zoning map designation or change to the city's future land use map
shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the
campaign committee of a candidate, for the offices of mayor or commissioner.
(a) Commencing on the effective date of this ordinance, all applications for
development agreements and for changes in zoning map designation or future land use
map changes, shall incorporate this section so as to notify affected lobbyists of the
proscription embodied herein.
(b} No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any campaign
contribution directly or indirectly from a lobbyist subject to the provisions of this section.
Candidates (or those acting on their behalf} shall ensure compliance with this code
section by confirming with the city clerk's and planning department's records to verify the
lobbyist status of any potential donor.
(2) (a) A person other than a lobbyist on a real estate development issue as set forth in
subsection (1) above, who directly or indirectly solicits for or makes a contribution to a candidate
who is elected to the office of mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from lobbying the city
commission in connection with a present development agreement, in connection with a
development agreement that is currently being negotiated, or in connection with a present or
pending application with the city for a change of zoning map designation or a change to the
city's future land use map.
(b) A lobbyist on a real estate development issue as set forth in subsection (1) above,
who directly or indirectly makes a contribution to a candidate who is elected to the office
of mayor or commissioner shall be disqualified from lobbying the city commission in
connection with a present development agreement, in connection with a development
agreement that is currently being negotiated, or in connection with a present or pending
application with the city for a change of zoning map designation or a change to the city's
future land use map for a period of 12 months from a final finding of violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each
act of soliciting, giving or depositing a contribution in violation of this section shall constitute a
separate violation. All contributions received by a candidate in violation of this section shall be
forfeited to the city's general revenue fund.
(4} The term "contribution" shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(5} The term "development agreement" shall have the meaning ascribed to such term in F.S.
ch 163, as amended and supplemented.
(6} The term "lobbyist" as used herein shall exclude any person who only appears as a
representative of a nonprofit corporation or entity, without special compensation or
reimbursement for the appearance, whether direct or indirect, to express his/her support of or
opposition to the subject item.
(Ord. No. 2003-3395, § 1, 3-5-03; Ord. No. 2005-3486, § 4, 6-8-05}
Secs. 2-491--2-510. Reserved.
httpa/library8.municode.com/default-test/DocView/13097/1/32/39 06/Ol/2010