LTC 348-2016 City of Miami Beach Campaign Finance Laws -- Candidate Restrictions MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
LETTER TO COMMISSION
LTC No. 348-2016
TO: Mayor Philip Levine and Members of the City Commission
FROM: Raul J. Aguila, City Attorney , ( -
DATE: August 24, 2016
SUBJECT: City of Miami Beach Campaign Finance Laws--Candidate Restrictions
In light of the City Commission's recent amendments to Miami Beach's Campaign
Finance laws, this Memorandum has been prepared in order to provide a brief outline of
such laws' applicability to candidates for elected office in the City of Miami Beach and
their campaign committees. The subject Code proscription is summarized as follows:
Candidates for the offices of Miami Beach Mayor or City Commissioner as well as
their campaign committees may not directly or indirectly solicit, accept or deposit
into such candidate's campaign account any campaign contribution from a
vendor, real estate developer', and/or their lobbyists.
The following chart sets forth the Code's prohibited actions, as well as those actions not
otherwise prohibited, applicable to City candidates and their campaign committees:
PROHIBITED ACTIONS ACTIONS NOT PROHIBITED
May not "directly" (i.e., the candidate May directly solicit, accept or deposit into a
him/herself) solicit, accept or deposit into candidate's campaign account a campaign
that candidate's campaign account a contribution from a donor, so long as the
campaign contribution from a vendor, real donor is not a vendor, real estate
estate developer, or lobbyist of a vendor or developer, or lobbyist of a vendor or real
real estate developer. estate developer.
NOTE: Candidates and their campaign
committees are directed to make
The terms "vendor" and "real estate developer" are specifically defined in the City Code and
only those persons/entities falling within those definitions are subject to the City's campaign
finance restrictions. See, City Code section 2-487(4) defining the term "vendor", and City Code
section 2-489(4) defining the term "real estate developer".
Letter to Commission—City of Miami beach Campaign Finance Laws
August 24, 2016
Page 2
reasonable efforts to ensure that potential
donors solicited on a wide-scale basis
(such as open invitations to a particular
class of invitees, or solicitations via e-mail
blasts) do not include City vendors, real
estate developers, or their lobbyists2.
May not "indirectly" (i.e. through a third May indirectly solicit, accept or deposit a
party, where the candidate has campaign contribution into a candidate's
coordinated with, or directed another campaign account from a donor, so long
person/entity to act) solicit, accept or as the donor is not a vendor, real estate
deposit into that candidate's campaign developer, or lobbyist of a vendor or real
account) a campaign contribution from a estate developer.
vendor, real estate developer, or lobbyist NOTE: Candidates and their campaign
of a vendor or real estate developer. committees are directed to make
reasonable effort to ensure that those
potential donors solicited on a wide-scale
basis (such as open invitations to a
particular class of invitees, or solicitations
via e-mail blasts) do not include City
vendors, real estate developers or their
lobbyists.
May not directly or indirectly solicit a May directly or indirectly solicit a vendor,
vendor, real estate developer, or lobbyist real estate developer, or lobbyist of a
of a vendor or real estate developer for a vendor or real estate developer, for a
campaign contribution to a political campaign contribution to an electioneering
committee (PAC)3 that supports or communication organization (ECO), to a
opposes candidates for City elected office. PAC which does not support or oppose
candidates for City elected office, or to a
candidate for office other than City Mayor
or Commissioner.
NOTE: The City Code prevents candidates
2 Were a candidate, in the midst of a wide-scale solicitation, to inadvertently solicit a vendor, real
estate developer, or their lobbyist, such action would constitute a per se violation of the City's
Code, subject to review by the Miami-Dade County Ethics Commission. In such situation, the
Ethics Commission would consider all reasonable efforts made by the candidate to pre-
determine whether such prohibited donors would be within the class of persons targeted for
solicitation, as well as all efforts made by the candidate to mitigate the prohibited solicitation
(such as timely correspondence withdrawing requests for contributions and/or returning such
contributions).
3 The City's Ordinance expressly provides that the term "political committee" is defined in
accordance with Florida Statutes, Chapter 106, and that the term "candidate" is defined in
accordance with Florida Statutes, Section 97.021(5).
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
•
Letter to Commission—City of Miami beach Campaign Finance Laws
August 24, 2016
Page 3
for City office from soliciting campaign
contributions on behalf of a PAC when that
PAC supports/opposes candidates for City
elected office BUT does not prohibit a City
candidate from otherwise associating with
or serving as an officer of a political
committee, regardless of whether that
PAC does or does not support/oppose
candidates for City elected office.
May not solicit, accept or deposit into a Once this verification process has
candidate's campaign account a campaign occurred and the candidate and/or his
contribution from a potential donor without campaign committee has confirmed that a
first checking the City's website, as well as potential donor is not a vendor, real estate
verifying with the City's Procurement developer, or a lobbyist for a vendor or
Division, the "vendor" status of any real estate developer, the candidate and
potential donor, verifying with the City his campaign committee may then solicit,
Clerk's records department the "real estate accept or deposit into the candidate's
developer" status of any potential donor, campaign account a campaign contribution
and verifying with the City Clerk's records from the subject potential donor.
whether a potential donor is a "lobbyist" for
a vendor or real estate developer.
The above is intended as an overview of the City's Campaign Finance Laws'
applicability to candidates for City office. Should you have any specific questions
pertaining to this matter or otherwise wish to discuss the above issues in greater detail,
please do not hesitate to contact me.
RJA/jo/ag
F:WTTO\AGUR\LETTER TO COMMISSION\LTC-Candidate Restrictions 08-24-2016.docx
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.