Ordinance 2000-3244 ORDINANCE NO. 2000-3244
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO ELECTION
CAMPAIGN FINANCING AMENDING CITY CODE CHAPTER 38
ENTITLED "ELECTIONS",CREATING CODE SECTION 38-6 ENTITLED
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS";
PROHIBITING CONTRIBUTIONS BY VENDORS AND OTHER PERSONS
ON BEHALF OF VENDORS TO CANDIDATES FOR MAYOR OR
COMMISSIONER OF THE CITY OF MIAMI BEACH; PROHIBITING
CANDIDATES FROM SOLICITING OR ACCEPTING CONTRIBUTIONS
BY VENDORS AND OTHER PERSONS ON BEHALF OF VENDORS;
PROVIDING DEFINITIONS,FINES AND FORFEITURE OF PROHIBITED
CONTRIBUTIONS TO THE CITY'S GENERAL REVENUE FUND;
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that
political speech and political association are fundamental rights protected by the First Amendment
of the United States Constitution; and
WHEREAS,the Mayor and City Commission of the City of Miami Beach further recognize
that persons have an absolute right to support political ideas and that the right to support political
candidates is subject to the qualified power of the City to adopt and enforce requirements that are
narrowly tailored to accomplish a legitimate, compelling government interest; and
WHEREAS, Florida law limits individual campaign contributions to $500 per person for
any candidate; and
WHEREAS,the Mayor and City Commission desire to protect the integrity of the electoral
process for candidates for elective municipal office in which candidates who lack substantial
personal or family wealth must depend on the financial contributions of supporters to provide the
funds necessary to conduct a successful campaign; and
WHEREAS,the making of campaign contributions by vendors of the City to candidates for
Mayor and Commission carries a suggestions that the candidate, if elected, might give quid pro quo
favors to the vendors; and
WHEREAS,the granting of quid pro quo favors to vendors is improper and corrupt, and the
mere appearance of granting such favors undermines the confidence of the public in our municipal
system of representative democracy; and
WHEREAS, the City has compelling governmental interests in maintaining public
confidence in its elected officials and in avoiding improper influence by vendors and public
corruption; and
WHEREAS, this ordinance prohibits vendors from making contributions, directly or
indirectly, to candidates for elective municipal office, prohibits candidates from accepting
contributions from vendors of the City, further prohibits the City from contracting with a person for
a period of twelve months following an election in which the person made a contribution to a
candidate, imposes a fine against any vendor and against any other person who, on behalf of a
vendor,makes a contribution in violation of this ordinance,imposes a fine against any candidate who
accepts a contribution in violation of this ordinance, and requires any illegal contribution to be
forfeited to the City's general revenue fund.
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 38 entitled "Elections", is hereby amended to
create the following Section 38-6 entitled "Prohibited campaign contributions by vendors", to read
as follows:
Sec. 38-6. Prohibited campaign contributions by vendors.
I. General.
No person who is a vendor to the City of Miami Beach shall give a campaign
contribution directly, or through a member of the person's immediate family, or
through a political action committee, or through any other person, to a candidate, or
to the campaign committee of a candidate,for the offices of Mayor or Commissioner.
No candidate, or campaign committee of a candidate for the offices of Mayor or
Commissioner, shall solicit or receive any campaign contribution from a person who
is a vendor to the City, or through a member of the person's immediate family, or
through a political action committee, or through any other person on behalf of the
person. This prohibition applies to natural persons and to persons who hold a
controlling financial interest in business entities.
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al A fine of up to $500.00 shall be imposed on every person who violates this
prohibition. Each act of solicitation, giving or receiving a contribution in violation
of this paragraph shall constitute a separate violation. All contributions received by
a candidate in violation of this paragraph shall be forfeited to the City's general
revenue fund.
(c) A person who directly, or through a member of the person's immediate
family, or through a political action committee, or through any other person 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
subject elected official from transacting business with the City. This prohibition on
transacting business with the City may be waived only in the manner provided
hereinbelow in II of this Section.
(d) As used in this section:
(1) A "vendor" is a person who transacts business with the City, or has been
approved by the City Commission to transact business with the City, or is
listed on the City Manager's approved vendor list
(2) A "contribution" is:
A gift, subscription, conveyance, deposit, loan, payment, or
distribution of money or anything of value, including contributions
in kind having an attributable monetary value.
(ii) A transfer of funds between political committees, between
committees of continuous existence,or between a political committee
and a committee of continuous existence.
(iii) The payment, by any person other than a candidate or political
committee, of compensation for the personal services of another
person which are rendered to a candidate or political committee
without charge to the candidate or committee for such services.
(iv) The transfer of funds by a campaign treasurer or deputy campaign
treasurer between a primary depository and a separate interest-bearing
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account or certificate of deposit, and the term includes any interest
earned on such account or certificate.
H. Conditions for waiver of prohibition. - The requirements of this Section may be waived for
a particular transaction by City Commission vote after public hearing upon finding that:
(a) An open-to-all sealed competitive proposal has been submitted and the City
official/donee has in no way participated in the determination of the bid
specifications or bid award: or
(b) The property or services to be involved in the proposed transaction are unique and
the City cannot avail itself of such property or services without entering into a
transaction which would violate this Section but for waiver of its requirements; or
j) The business entity involved in the proposed transaction is the sole source of supply
within the City of Miami Beach; or
(d) An emergency contract must be made in order to protect the health, safety or welfare
of the citizens of the City of Miami Beach,as determined by a 5/7ths vote of the City
Commission.
Any grant of waiver by the City Commission must be supported with a full disclosure of the subject
campaign contribution.
III. 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.
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.
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SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the 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 20th day of May , 2000.
PASSED and ADOPTED this 10th day of May , 2000.
ATTEST: P4
MAYOR
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CITY CLERK
1st reading 4/12/00
2nd reading 5/10/00
(Requested by Vice-Mayor David Dermer and Commissioners Simon Cruz and Jose Smith)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN s� *h: Telephone: (305) 673-7470
City Attorney ' " Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 36S-0 0
DATE: MAY 10,2000
TO: MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBIN viA)/(V SECONDREADING/PUBLICHEARING
CITY ATTORNEY 1\11/41
SUBJECT: LEGISLATION PROHIBITING CITY FROM CONTRACTING WITH DONORS
OF CAMPAIGN FUNDS.
Pursuant to request of Vice-Mayor David Dermer and City Commissioners Simon Cruz and Jose
Smith,the attached proposed ordinance amending Miami Beach City Code Chapter 38,entitled"Elections"
has been drafted so as to include language prohibiting persons who make campaign contributions to
candidates for elected office in the City of Miami Beach from contracting with the City for a period of
twelve months following the swearing in of the subject elected official/donee.
The attached ordinance is thus ready for City Commission review.
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