LTC 001-2017 New Requirements for Contribution Solicitations for PCs and ECOsMIAMI RFA CH
OFFICE OF THE CITY MANAGER
LTC No. 001-2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City Commission
I f
FROM: Rafael E. Granado, City Clerk
DATE: January 5, 2017
SUBJECT: NEW REQUIREMENTS FOR REPORTING OF SOLICITATION OF CONTRIBUTIONS
FOR POLITICAL COMMITTEES, ELECTIONEERING COMMUNICATIONS
ORGANIZATIONS, 501(c)(4) ORGANIZATIONS AND POLITICAL PARTIES BY
MUNICIPAL ELECTED OFFICERS AND MUNICIPAL CANDIDATES.
In accordance with Miami -Dade County Ordinances No. 16-46 and 16-75, codified in Sections 12-14.2
and 12-14.2.1 of the Code of Miami -Dade County, Florida, respectively, municipal elected officers and
municipal candidates must file attached form MD -ED 28 to publicly disclose their fundraising activities
for Political Committees, Electioneering Communications Organizations, organizations exempt under
Section 501(c)(4) of the Internal Revenue Code (except for homeowners associations) or Political
Parties.
Municipal Elected Officers Reporting Requirements
Effective January 1, 2017, upon commencement of any solicitation activities undertaken on behalf of
any Political Committee, Electioneering Communications Organization, 501(c)(4) Organization or
Political Party, each municipal elected officer in Miami -Dade County who is not also a candidate for
another County or municipal office shall, within five (5) days of commencing solicitation activities, either
directly or indirectly, on behalf of a Political Committee, Electioneering Communications Organization,
501(c)(4) Organization or Political Party, file a one-time report with the City Clerk indicating that the
municipal elected officer is undertaking solicitation activities on behalf of such Political Committee,
Electioneering Communications Organization, 501(c)(4) Organization or Political Party. The report shall
identify the name of the Political Committee, Electioneering Communications Organization, 501(c)(4)
Organization or Political Party on behalf of whom such funds are being solicited and a description of the
relationship between the municipal elected officer and Political Committee, Electioneering
Communications Organization, 501(c)(4) Organization or Political Party. The report shall be filed on a
form MD -ED 28, a copy of which is attached hereto.
Candidate Reporting Requirements
Effective January 1, 2017, each candidate for municipal office in Miami -Dade County shall ensure that
their designated campaign treasurer shall, within five (5) days of commencing solicitation activities,
either directly or indirectly, on behalf of a Political Committee, Electioneering Communications
Organization, 501(c)(4) Organization or Political Party, file a one-time report with the City Clerk
indicating that the candidate is undertaking solicitation activities on behalf of such Political Committee,
Electioneering Communications Organization, 501(c)(4) Organization or Political Party. The report shall
identify the name of the Political Committee, Electioneering Communications Organization, 501(c)(4)
Organization or Political Party on behalf of whom such funds are being solicited and a description of the
relationship between the candidate and Political Committee, Electioneering Communications
1
Organization, 501(c)(4) Organization or Political Party. The report shall be filed on a form MD -ED 28, a
copy of which is attached hereto.
Failure to Report / Appeals
Any municipal elected officer or candidate for municipal office who fails to file the report as required by
Miami -Dade County Code Sections 12-14.2 and 12-14.2.1 on the designated due date shall, for the first
violation, be sent a letter of reprimand and instruction regarding the provisions of these Sections, and
for each subsequent violation, be subject to a fine of $50 per day for the first three (3) days and,
thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable
campaign expense and shall be paid only from the personal funds of the candidate for municipal office
or municipal elected officer.
Any candidate for municipal office or municipal elected officer may appeal or dispute the fine to the
Miami -Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual
circumstances surrounding the failure to file on the designated due date, and may request, and shall be
entitled to a hearing before the Commission on Ethics and Public Trust, which shall have the authority
to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days
after receipt of notice from the City Clerk that payment is due or such appeal or dispute shall be waived.
Enclosure:
• Form MD -ED 28
• Miami -Dade County Ordinances No. 16-46 and 16-75
F:\CLER\HATL\Letters\LTC\01_2017 Instructions For Reporting Of Solicitation For Candidates, PACS And Ecos Reg 2.Docx
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MIAMI-DADE
MIAMI-DADE COUNTY ELECTIONS DEPARTMENT
REPORTING OF SOLICITATION OF CONTRIBUTIONS FOR
POLITICAL COMMITTEES, ELECTIONEERING COMMUNICATIONS ORGANIZATIONS,
501(c)(4) ORGANIZATIONS AND POLITICAL PARTIES
Name
OFFICE USE ONLY
Address (number and street)
City, State, Zip Code
■ CHECK IF ADDRESS HAS CHANGED
Filing as:
■ Elected Official
Office:
■ Miami -Dade County Candidate
Office:
■ Municipal Candidate
(Name of Municipality)
Office:
CERTIFICATION
It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.)
I certify that I have examined this report and it is true,
correct, and complete.
I certify that I have examined this report and it is true,
correct, and complete.
(Type name) ■ Treasurer ■ Deputy Treasurer
(Type name)
X
■ Elected Official ■ Candidate
X
Signature
Signature
Date
Date
MD -ED 28 (Rev. 1/1/17)
MIAMFDADE
777
REPORTING OF SOLICITATION OF CONTRIBUTIONS FOR 'ir
POLITICAL COMMITTEES, ELECTIONEERING COMMUNICATIONS ORGANIZATIONS,
501(C)(4) ORGANIZATIONS AND POLITICAL PARTIES
This report must be filed by Miami -Dade County and Municipal Elected Officers and Candidates to publicly disclose their fundraising
activities for Political Committees, Electioneering Communications Organizations, 501(C)(4) Organizations and Political Parties
within five days of commencing solicitation activities, either directly or indirectly, on behalf of said organization(s).
(1) Name I.D. Number
(2) Page of
(Only for County Candidates)
(3)
Row
Number
(4)
Name of PC, ECO,
501(c)(4) Organization
or Political Party
(5)
PC, ECO,
501(c)(4)
Organization or
Political Party
(6)
Description of Relationship between
Candidate/Officer and
PC, ECO, 501(c)(4) Organization or
Political Party
(7)
Date
solicitation
activities
started
SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
MD -ED 28 (Rev. 1/1/17)
Approved
Veto
Override
Mayor
ORDINANCE NO, 16 - 4 6
Amended
Agenda Item No, 7(A)
5-17-16
ORDINANCE CREATING SECTION 12-14,2 OF THE CODE
OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR
REPORTING REQUIREMENTS FOR COUNTY AND
MUNICIPAL ELECTED OFFICERS AND CANDIDATES
REGARDING SOLICITATION OF CONTRIBUTIONS FOR
POLITICAL COMMITTEES AND ELECTIONEERING
COMMUNICATIONS ORGANIZATIONS; PROVIDING
PENALTIES FOR FAILURE TO REPORT; PROVIDING FOR
ENFORCEMENT BY THE COMMISSION ON ETHICS AND
PUBLIC TRUST; PROVIDING SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE
WHEREAS, this Board believes that transparency and accountability in government is
fundamental to the public's faith in the democratic process; and
WHEREAS, this Board desires that campaign fundraising activities by candidates and
public officials be transparent and accessible by all residents of Miami -Dade County; and
WHEREAS, fundraising through political committees and electioneering
communications organizations creates the potential for anonymous campaign fundraising that
can function as a barrier between citizens and those seeking to represent them in elective office;
and
WHEREAS, state law and the rules of the Florida legislature currently require that some
state officers and legislators disclose when they fundraise for political committees or
electioneering communication organizations; and
WHEREAS, this Board desires to establish similar requirements for County and
municipal officials and candidates within Miami -Dade County; and
Amended
Agenda Item No. 7(A)
Page 2
WHEREAS, requiring public officials and candidates to publicly disclose their
fundraising activities for political committees or electioneering communications organizations
would provide needed sunlight on the campaign fundraising process and allow voters to make
informed decision about candidates,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-14.2 of the Code of Miami -Dade County, Florida, is hereby
created to read as follows in its entirety:
Sec. 12-14.2. County and Municipal Elected Officer and Candidate Reporting
Requirements for Political Committee and Electioneering Communication Organization
Solicitations.
(1) Effective January 1, 2017, each candidate for County or
municipal office in Miami -Dade County shall insure that
their designated campaign treasurer shall, within five (5)
days of commencing solicitation activities, either directly
or indirectly, on behalf of a political committee or
electioneering communications organization, file a one-
time report with the Supervisor of Elections or other
applicable filing officer indicating that the candidate is
undertaking solicitation activities on . behalf of such
political committee or electioneering communications
organization. The report shall identify the name of the
political committee or electioneering communications
organization on behalf of whom such funds are being
solicited and a description of the relationship between the
candidate and the political committee or electioneering
communications organization. The report shall be filed on
a form created by the Supervisor of Elections for such
purpose.
(2) Effective January 1, 2017, upon commencement of any
solicitation activities undertaken on behalf of any political
committee or electioneering communications organization,
each County or municipal elected officer in Miami -Dade
County who is not also a candidate for another County or
(3)
Amended
Agenda Item No. 7(A)
Page 3
municipal office shall, within five (5) days of commencing
solicitation activities, either directly or indirectly, on behalf
of a political committee or electioneering communications
organization, file a one-time report with the Supervisor of
Elections or other applicable filing officer indicating that
the officer is undertaking solicitation activities on behalf of
such political committee or electioneering communications
organization. The report shall identify the name of the
political committee or electioneering communications
organization on behalf of whom such funds are being
solicited and a description of the relationship between the
officer and the political committee or electioneering
communications organization. The report shall be filed on a
form created by the Supervisor of Elections for such
purpose.
Any County or municipal elected officer or candidate who
fails to file a report as required by this section on the
designated due date shall, for the first violation, be sent a
letter of reprimand and instruction regarding the provisions
of this Section, and for each subsequent violation, be
subject to a fine of $50 per day for the first three (3) days
and, thereafter, $500 per day for each day late not to exceed
$5,000. Such fine shall not be an allowable campaign
expense and shall be paid only from the personal funds of
the candidate or officer. Any candidate or officer may
appeal or dispute the fine to the Miami -Dade County
Commission on Ethics and Public Trust based upon, but not
limited to, unusual circumstances surrounding the failure to
file on the designated due date, and may request, and shall
be entitled to, a hearing before the Commission on Ethics
and Public Trust, which shall have the authority to waive
the fine in whole or in part. Any such appeal or dispute
shall be made within twenty (20) days after receipt of
notice from the Supervisor of Elections that payment is due
or such appeal or dispute shall be waived.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Amended
Agenda Item No. 7(A)
Page 4
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed t0 "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED: May 17, 2016
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Oren Rosenthal
Prime Sponsor:
Co -Sponsor:
AQW
c4.
Commissioner Daniella Levine Cava
Commissioner Sally A. Heyman
Approved Mayor Agenda Item. No. 7( 0)
Veto 7-6-16
Override
ORDINANCE NO.
16-75
ORDINANCE CREATING SECTION 12-14.2.1 OF THE CODE
OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR
REPORTING REQUIREMENTS FOR COUNTY AND
MUNICIPAL ELECTED OFFICERS AND CANDIDATES
REGARDING SOLICITATION OF CONTRIBUTIONS FOR
ORGANIZATIONS EXEMPT FROM TAXATION UNDER
SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE
AND POLITICAL PARTIES; PROVIDING PENALTIES FOR
FAILURE TO REPORT; PROVIDING FOR ENFORCEMENT
BY THE COMMISSION ON ETHICS AND PUBLIC TRUST;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE
WHEREAS, this Board believes that transparency and accountability in government is
fundamental to the public's faith in the democratic process; and
WHEREAS, this Board desires that campaign fundraising activities by candidates and
public officials be transparent and accessible by all residents of Miami -Dade County; and
WHEREAS, fundraising through organizations exempt from taxation under Section
501(c)(4) of the Internal Revenue Code ("501(c)(4) Organizations") and political parties create
the potential for anonymous campaign fundraising that can function as a barrier between citizens
and those seeking to represent them in elective office; and
WHEREAS, state law and the rules of the Florida legislature currently require that some
state officers and legislators disclose when they fundraise for a 501(e)(4) Organizations; and
WHEREAS, this Board desires to establish similar requirements for County and
municipal officials and candidates within Miami -Dade County as they relate to both 501(c)(4)
Organizations and political parties; and
Agenda Item No. 7(C)
Page 2
WHEREAS, requiring public officials and candidates to publicly disclosure their
fundraising activities for 501(e)(4) Organizations and political parties would provide needed
sunlight in the campaign fundraising process and allow voters to make informed decision about
candidates,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-14.2.1 of the Code of Miami -Dade County, Florida, is hereby
created to read as follows:
Sec. 12-14.2.1 County and Municipal Elected Officer and Candidate Reporting
Requirements for Organizations Exempt Under Section 501(c)(4) of the Internal Revenue
Code or Political Party Solicitations.
(1) »Effective January 1, 2017, each candidate for County or
municipal office in Miami -Dade County shall insure that
their designated campaign treasurer shall, within five (5.)
days of commencing solicitation activities, either directly
or indirectly, on behalf of an organization exempt under
Section 501(e)(4) of the Internal Revenue Code except for
home owners associations ("501(c)(4) Organization") or a
political party, file a one-time report with the Supervisor of
Elections or other applicable filing officer indicating that
the candidate is undertaking solicitation activities on behalf
of such 501(c)(4) Organization or political party. The
report shall identify the name of the 501(0(4) Organization
or political party on behalf of whom such funds are being
solicited and a description of the relationship between the
candidate and the 501(c)(4) Organization or political
party.« 1 [[Each candidate for County or municipal office
'tel
campaign treasurer shall, at the time of filing any
contribution or expenditure reports othenpvise-guir-e
law, file an additional electronic report with the Supervisor
of Elections or other applicable filing officer regarding
solicitation activities on behalf of any organization exempt
1 Committee amendments are indicated as follows: Words stricken through and/or [[double
bracketed]] are deleted, words underscored and/or »double arrowed«< are added.
Agenda Item No, 7(0)
Page 3
from taxation under Section 501(c)(4) of the Internal
Revenue —Cede ("501(c)(1I) Organization") or political
ly by ,the
ry-, vy enc
^ander te5 the name of the person or entity contributing the
fartdsthe name of the 501(c)(4) Organization or political
- d, the
amount of the contribution, and a description of the
relationship between the candidata and the 501(c)(1)
Organization or political party, if any,]] The report shall be
filed on a form created by the Supervisor of Elections for
such purpose. [[A candidate may comply with the reporting
requirements of this subsection by filing a one time report
indicating that all contributi.
Organization or -political party were solicited either directly
or indirectly by the candidate, Upon filing su eportt ne
further reports shall b
•
or political party during any reporting period.]]
(2) »Effective January 1, 2017, upon commencement of any
solicitation activities undertaken on behalf of a 501(c)(4)
Organization or a political party, each County or municipal
elected officer in Miami -Dade County who is not also a
candidate for another County or municipal office shall,
within five (5) days of commencing solicitation activities,
either directly or indirectly, on behalf of a 501(c)(4)
Organization or a political party, file a one-time report with
the Supervisor of Elections or other applicable fling officer
indicating that the officer is undertaking solicitation
activities on behalf of such 501(c)(4) Organization or
political party. The report shall identify the name of the
501(c)(4) Organization or political party on behalf of whom
such funds are being solicited and a description of the
relationship between the officer and the 501(o)(4)
Organization or political party.« [[
of any solicitation activities undertaken on behalf of any
50-40
municipal elected officer in Miami Dade County who is not
also a candidate for
der -of the officer's
term of office, file an electronic report with the Supervisor
of—glee ions or other applicable filing officer regarding
solicited, directly or indirectly, by the officer, the name -of
• _
-he-funds-„-the-name-of-the
501(c)('1) Organization or political party on behalf of whom
(3)
Agenda Item No. 7( 0)
Page 4
such fun& were solicited, the amount of the contribution,
and the 501(c)(1) Organization or political party, if any.]]
The report shall be filed on a form created by the
Supervisor of Elections for such purpose. [[A County or
munieipal-ele • , ,- : ing
requirements of this subsoeti filing a one time report
Organization or poi - tker direetly
or indirectly by the County or municipal elected official.
Upon filing such rep; - , • : : , 1 -be required
identified 501(c)(4) Organizaf
term.]]
Any County or municipal elected officer or candidate who
fails to file a report as required by this section on the
designated due date shall >>, for the first violation, be sent
a letter of instruction regarding the provisions of this
Section, and for each subsequent violation, «« be subject to
a fine of $50 per day for the first three (3) days and,
thereafter, $500 per day for each day late not to exceed
$5,000. Such fine shall not be an allowable campaign
expense and shall be paid only from the personal funds of
the candidate or officer. Any candidate or officer may
appeal or dispute the fine to the Miami -Dade County
Commission on Ethics and Public Trust based upon, but not
limited to, unusual circumstances surrounding the failure to
file on the designated due date, and may request, and shall
be entitled to, a hearing before the Commission on Ethics
and Public Trust, which shall have the authority to waive
the fine in whole or in part. Any such appeal or dispute
shall be made within twenty (20) days after receipt of
notice from the Supervisor of Elections that payment is due
or such appeal or dispute shall be waived.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
Agenda Item No. 7 (C)
Page 5
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED: July 6 , 2 016
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Oren Rosenthal
Prime Sponsor:
Co -Sponsor:
Commissioner Juan C. Zapata
Commissioner Daniella Levine Cava