Section 2.489 Prohibited campaign contributions by real estate dev. (2)
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 behalf) 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. 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 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 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) A real 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, S 1, 2-5-03; Ord. No. 2005-3486, S 3, 6-8-05)