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2003-3394 Ordinance ORDINANCE NO. 2003-3394 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 2-489 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY REAL ESTATE DEVELOPERS"; 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 2-489 entitled "Prohibited Campaign Contributions by Real Estate Developers"; said Section reading as follows: DIVISION 5. CAMPAIGN FINANCE REFORM ......... See 2-489. Prohibited Campail!n Contributions bv Real Estate Developers A. General. ill (ill. No real estate developer shall give a campaign contribution directlv or indirectly to a candidate. or to the campaign committee of a candidate. for the offices ofmavor or commissioner. Commencing on the effective date of this ordinance. all applications for Development Agreements and for changes in zoning map designation as well as Future Land Use Map changes shall incoroorate this Ordinance so as to notify potential real estate developers of the proscription embodied herein. .all No candidate. or campaign committee of a candidate for the offices of mayor or commissioner. shall deposit into such candidate's campaign account anv campaign contribution directly or indirectly from a real estate developer. Candidates (or those acting on their behalf) shall ensure compliance with this code section bv confirming with the City of Miami Beach Planning Department's records (including City of Miami Beach website) to verify the real estate developer status of any potential donor. ill A fine of UP to $500.00 shall be imposed on evervperson 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 bv a candidate in violation ofthis section shall be forfeited to the city's general revenue fund. 1 ill {gl A person or entity who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disaualified for a period of 12 months following the swearing in of the subiect elected official from becoming a real estate developer. @ A real estate develover shall not make a contribution within 12 months after termination of its status as a real estate develover. ill As used in this section: (ill 1. A "real estate developer" is a person and/or entity who has a preseRt pendinl! 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 I 0% or more of the outstanding capital stock in any corooration or a direct or indirect interest of I 0% or more in a firm. The term "firm" shall mean a corooration. partnership. business trust or any legal entity other than a natural person. 3. For purposes of this ordinance. "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 subiect application for the land use relief. referred to in (4)(a)] above. ill The term "Development Agreement" shall have the meaning ascribed to such term in Chapter 163. Florida Statutes. as amended and supplemented. For purposes of this ordinance. the term "Development Agreement" shall include any amendments. extensions. modifications or clarifications thereto. ~ The term contribution shall have the meaning ascribed to such term in Chapter 106. Florida Statutes. as amended and supplemented. Italicized language = As amended on 1 st reading January 8, 2003 Bold language = Changes proposed by Commissioner Jose Smith 2 B. Conditions for waiver of prohibition. The requirements of this section mav be waived bv a 5!7th vote for a particular real estate project and/or land use application bv citv 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 mav in no case ratify a Development Agreement and/or application for land use relief entered into in violation of this section. SECTION2. 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 ofthis ordinance. 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" maybe changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 15th day of Fe PASSED and ADOPTED this.2!h... day of CITY CL RK N'F!fflNfJIJ NJ"IO (Requested by Mayor David Dermer and approved by Community Affairs Co~&LANGUAGI F:\attoIOLU\RES-ORD\2-489.draftord .. fOR EXECUTION 3 ~1r11.r03 CIIr MranIIf .. OFFICE OF THE CITY ATTORNEY <6'~ o/J/Oomi 1J~ F L o R o A MURRAY H. DUBBIN . City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM FROM: Mayor David Dermer DATE: February 5, 2003 Members of the Cityyommiss' n Murray H. Dubl1r City Attorney r\}J.. Proposed Legislation amending City Code Chapter 2, Article VII, Division 5, entitled "Campaign Finance Reform" to include: TO: 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 l(S"iJ p-s;.d,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:\atto\OLIJ\RES-ORD\MEMOS\CampaignFinanceRefonn.CommMemo.doc OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 CD ,.. CITVOj:MIAMI:B~EACH!"'~ . ifIC,E OF .PUBLlC' HEARINGS I wi - r.: c ::) z c .. ~ Q <n a: ::) ~ E o o " - . " . .r. . . . Di'Ien Ihol pubI~ ho8rInga will be hold by the MIyor ond CIty Comm_ 01 the CIty of ,_," the~ a.mbofI. 3nl_, CIty HIlI, 1700 _ ConIIr Ilrlw, _-. ,..,..,1,_1I..___to_thellllowingooflnll-.: - - - 1II1ltlloio.: AN __DING _ 2 OF THE COllE OF THE CITY OF _ BEACHfN11llED 'ADMINI!ll1lAllON": BY _ NlTICU VI THEREOF ENTITlED "PROCUAEMEN)"': IY _DING IlMSION 3 ENTITLED 'CON11lACT _'; BY _ SEC110NS 2-367 oIIID 2-3Il!; __DMBIlS 1ESPEClMLY: .1l _ FOIl THE CITY ~.mtllE AUlHDIITY rollfJECl ~ 1lID$!IIIIIN CBlTMlIlWIIE1BIS; NIl 2) PAO\\IlIIl6 FoR THE __ TO NEGOTIATE ON ANY ~ __THE LQIiEST AND 8EST8IlDER EXCEEDIlIE IIUDGElED.MIDlMT; NlD 31 "'_ THE CITY _ wmt 1ltE IlUTHDRITY 10 - _ OF -.ne;, IMTEIMLS;SlJ'PI.ES OR OTHER ITBIIS DNA __ _ aJN11W:TS -.oED BY THE SQtDOL IIONlD OF _-DADE COUIITY; PIlIMbING FOR REPEALER.lilMJWII.fTY. MO AN EFfEC1NE om. . __...,be_"'the_~'''1305I1l13-74llO. 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