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2003-3395 Ordinance ORDINANCE NO, 2003-3395 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", VIA THE ADDITION OF CODE SECTION 2-490 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON REAL ESTATE DEVELOPMENT ISSUES", EXEMPTING THEREFROM LOBBYISTS REPRESENTING NON-PROFIT CORPORATIONS OR ENTITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII Division 5 thereof entitled "Campaign Finance Reform" is hereby amended by adding City Code Section 2-490 entitled "Prohibited Campaign Contributions by Lobbyists on Real Estate Development Issues", said Section reading as follows: DIVISION 5, CAMPAIGN FINANCE REFORM *** See 2-490, Prohibited Campai2n Contributions bv Lobbvists on Real Estate Development Issues ill No lobbvist on a lJl'csent 81' pending application for a Development Agreement with the City, or application for change of zoning map designation or change to the Citv'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 ofmavor or commissioner. ill} 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 Ordinance 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 lobbvist subiect 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 and Planning Department's records to verify the lobbYist status of any potential donor. Italicized language = As amended on 2nd reading 1 ill A person 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 twelve months following the swearing in of the subiect 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 ap?lication with the City for a change of zoning map designation or a change to the City's Future Land Use Map. ill A fine of UP to $500.00 shall be imposed on evervperson 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 ofthis section shall be forfeited to the City's general revenue fund. ill The term "contribution" shall have the meaning ascribed to such term in Chapter 106. Florida Statutes. as amended and supplemented. ill The term "Development Agreement" shall have the meaning ascribed to such term in Chapter 163. Florida Statutes. as amended and supplemented. {Ql The term "lobbvist" as used herein shall exclude any person who onlvappears as a representative of a non-profit corporation or entity. without special compensation or reimbursement for the appearance. whether direct or indirect. to express hislher support of or opposition to the sub;ect item. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3, SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Italicized language = As amended on 151 reading 2 SECTION 4, CODIFICATION. It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 15th day of Febr PASSED and ADOPTED this 2.!L day of Februa ~y r~~ CITY CLERK (Requested by Mayor David Dermer and approved by Community Affairs Committee) F:lattoIOLIJIRES-ORDI2-490.draftord APPROVED NJ TO FORM & LANGUAGE & FOR EXEcunON ~rl)--ril CIlr MDrM'I Datlt 3 OFFICE OF THE CITY ATTORNEY <e~ e(V1Uomi 1JmM F L o R o A MURRAY H, DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM TO: Mayor David Dermer DATE: February 5, 2003 Members of the ciytyommiss. n Murray H, Dubl1r City Attorney ~ Proposed Legislation amending City Code Chapter 2, Article VII, Division 5, entitled "Campaign Finance Reform" to include: FROM: SUBJECT: --City Code Section 2-488 "Prohibited Campaign Contributions by Lobbyists on Procurement Issues"; --City Code Section 2-489 "Prohibited Campaign Contributions by Real Estate Developers"; and --City Code Section 2-490 "Prohibited Campaign Contributions by Lobbyists on Real Estate Development Issues", Addressing concerns expressed by the City Commission with regards to the issue of existing campaign finance laws, the attached legislation is proposed as an amendment to City Code Chapter 2, Article VII, Division 5 entitled "Campaign Finance Reform". As reflected in previous deliberations, the City Commission found and has determined that legislation is necessary for the preservation of the integrity of representative democracy in the City of Miami Beach in order to prevent the appearance of undue influence and access to candidates and elected officials by contributors, and to prevent certain candidates from gaining an unfair advantage in a political marketplace, as well as to address the potential for abuse associated with certain campaign contributions which unfairly influence elections and create the perception that public officials may be influenced by special interests. By enacting the attached proposed legislation, the City Commission is pursuing its goal of reinstilling public faith and trust in the government, ensuring that competition among candidates in the political arena is truly a competition of political ideas, representing a level playing field for qualified individuals. Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Bel Date I?S' f) p- s;.().3 The attached ordinance (passed on first reading January 8, 2003) reflect the following: * City Code Section 2-488 entitled "Prohibited Campaign Contributions by Lobbyist on Procurement Issues"; * City Code Section 2-489 entitled " Prohibited Campaign Contributions by Real Estate Developers"; and Code Section 2-490 entitled "Prohibited Campaign Contributions by Lobbyists on Real Estate Development Issues", which address the issue of prohibitions by campaign contributions by Real Estate Developers (as specifically defined within the Ordinance) and their lobbyists. These measures incorporate amendments made at first reading and are thus ready for City Commission consideration. F;\allo\OLIJ\RES-ORDIMEMOS\CampaignFinanceRefonn.CommMemo.doc OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 CD ,.. CITY O"F MIAMI BEACH:e-~ iflCE OF PUBLIC HEARINGS I ~ Ii: c ::) z c .. ~ <n a: ::) :z: ... gi'len Ihol pubI~ haarlnga wiI be hold by the MIyor ond CIty eomm_ of the CIIy of ,_ ..theComm_ a.mbofI. 3nI_, CIty HIlI, 1700_ CInIor Ilrlw, Mllml-' ,..,..,1,_1II..___to_thefollowlngooflnllllOlllng: - ......i - 1II1ltlloio.: AN __ _ 2 OF THE COllE OF THE CITY OF _IIEACHENTITLED "~llON': BY _DING ARTIIll VI _ ENTITLED 'PIlOC\JIWIENJ"'; BY _NOING IlMSION 3 ENTITLED "QlNTRACT _'; BY _ SECl10IIS 2-367 MIl 2-3.; _ _DIIENTS RESI'ECINElY: .1) ...- FOR THE GlIY ~.mtllEAUlHDIITY TOIlfJECI AI,lIllD$!IIIIIN CEIlIMIIlWIIE1BIS; AND 2) PRDIJlIjG FoR THE __ TO NEGOTIATE 011 ANY COlISlRlJCTUI PIlIlJECT lHIlEBY THE I.DWEST MIl BESI' BIlIlER EXCEEDIlIE 1IUDGElED._; NlD 31 _6 THE aT'{MANASEft WITH lIE MJT1tDAITY 10 - _ OF -.ne;, IMTERIALS; SlJ'PI.ES OR OTHER ITBIIS 011 A __ FROM aJN11W:TS _ BY THE SOiOOI. BDMD OF _DADE COUIITY; ~ FOR REPEALER. SE'IEIWIIlJT'( AND Nl EFfEC1NE DATE. . E o o " . 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