Code Sections 2 487 through 2 490
CITY OF MIAMI BEACH
CODE
DIVISION 5. – CAMPAIGN FINANCE REFORM
Sec. 2-487. – Prohibited campaign contributions by vendors.
A. General.
(1) (a) No vendor 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 effective date of this ordinance, all proposed city contracts,
purchase orders, standing orders, direct payments, as well as requests for proposals
(RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids
issued by the city, shall incorporate this section so as to notify potential vendors 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 vendor. Candidates (or those acting on their
behalf) shall ensure compliance with this code section by confirming with the
procurement division’s city records (including City of Miami Beach website) to verify
the vendor 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) Disqualification from serving as vendor.
1. A person or entity other than a vendor 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 serving as a vendor with the city.
2. i. A vendor who directly or indirectly makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified from
serving as a vendor with the city 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 (per subsection B herein below) in the event a waiver of said
violation is sought.
ii. In the event such waiver request for a particular transaction is granted, the
affected vendor shall nonetheless be disqualified from serving as a vendor
with the city as to all other vendor projects for the stated 12-month period. In
the event such waiver request is denied for a particular transaction, the 12-
month disqualification period shall apply to both the particular transaction
which was the subject of the waiver request, as well as all other vendor
projects during that 12-month period.
(b) Definition. For purposes of this section, the term “disqualified” shall be defined to
include:
1. Termination of a donor/vendor’s existing contract with the city, subject to the
waiver provisions of subsections B(1)(d) and B(2) herein; and
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2. Disqualification of a donor’s response to solicitation requests for prospective
vendor contracts with the city, subject to the waiver provisions of subsections
B(1)(a), (b) and (c) herein.
(4) As used in this section:
(a) 1. A “vendor” is a person and/or entity who has been selected by the city as the
successful contractor on a present or pending solicitation for goods, equipment or
services, or has been approved by the city on a present or pending award for
goods, equipment or services prior to or upon execution of a contract, purchase
order, standing order, direct payment or purchasing card payment. The term
“vendor” shall not include those persons and/or entities who provide goods,
equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal
year wherein city commission action is not required.
2. “Vendor” shall include natural persons and/or entities who hold a controlling
financial interest in a vendor 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, “vendor” status shall terminate upon completion of
the agreement for the provision of goods, equipment or services.
(b) For purposes of this section, the term “services” shall mean the rendering by a vendor
through competitive bidding or otherwise, of labor, professional and/or consulting
services to the city.
(c) The term contribution shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented (copies available in Office of the City Clerk).
B. Waiver of prohibition.
(1) Conditions for waiver. The requirements of this section may be waived by a five-sevenths
vote for a particular transaction by city commission vote after public hearing upon finding
that:
(a) The goods, equipment or services to be involved in the proposed transaction are
unique and the city cannot avail itself of such goods, equipment or services without
entering into a transaction which would violate this section but for waiver of its
requirements; or
(b) The business entity involved in the proposed transaction is the sole source of supply
as determined by the city’s procurement director in accordance with procedures
established in subsection 2-367(c) of this Code; or
(c) An emergency contract (as authorized by the city manager pursuant to section 2-396
of this Code) must be made in order to protect the health, safety or welfare of the
citizens of the city, as determined by a five-sevenths vote of the city commission; or
(d) A contract for the provision of goods, equipment or services exists which, if terminated
by the city, would be adverse to the best economic interests of the city.
(2) Conditions for limited waiver. Notwithstanding the denial by the city commission of a waiver
request regarding an existing contract per subsection B(1)(d) above, upon a five-sevenths
vote of the city commission at a public hearing, a limited waiver may be granted on an
existing contract upon a finding that in order to protect the health, safety and welfare of the
citizens of the city, continuation of said contract for a limited period of time (not to exceed
six months) is necessary in order for the city to obtain a replacement vendor.
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(3) Full disclosure. 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 transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
(Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03; Ord. No. 2004-3446, § 1,
5-26-04; Ord. No. 2005-3486, § 1, 6-8-05; Ord. No. 2006-3544, § 1, 12-6-06)
Sec. 2-488. – Prohibited campaign contributions by lobbyists on procurement issues.
(1) No lobbyist on a present or pending solicitation for goods, equipment or services or on a
present or pending award for goods, equipment or services prior to or upon execution of a
contract, purchase order, standing order, direct payment, or purchasing card payment shall
solicit for or 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. The term “lobbyist” shall
not include those individuals who lobby on behalf of persons and/or entities in connection with
their provision of goods, equipments or services not exceeding $10,000.00 in a City of Miami
Beach fiscal year wherein city commission action is not required.
(a) Commencing on the effective date of this ordinance, all proposed city contracts, purchase
orders, standing orders, direct payments, as well as requests for proposals (RFP), requests
for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city,
shall incorporate this section so as to notify lobbyists 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 lobbyist subject to the provisions of this ordinance.
Candidates (or those acting on their behalf) shall ensure compliance with this code section
by confirming with the City Clerk’s records to verify the lobbyist status of any potential
donor.
(2) (a) A person other than a lobbyist on a procurement issue as set forth in subsection (1) above,
who directly or indirectly solicits for or 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 lobbying the city commission in
connection with a present or pending bid for goods, equipment or services or on a present
or pending award for goods, equipment or services.
(b) A lobbyist on a procurement issue as set forth in subsection (1) above, who directly or
indirectly makes a contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified from lobbying the city commission in connection with a
present or pending bid for goods, equipment or services or on a present or pending award
for goods, equipment or services for a period of 12 months from a final finding of violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of
soliciting, giving or depositing a contribution in violation of this section shall constitute a
separate violation. All contributions received by a candidate in violation of this section shall be
forfeited to the city’s general revenue fund.
(4) The term “contribution” shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(Ord. No. 2003-3393, § 1, 2-5-03; Ord. No. 2005-3486, § 2, 6-8-05; Ord. No. 2006-3544, § 2,
12-6-06)
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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.
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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, § 1, 2-5-03; Ord. No. 2005-3486, § 3, 6-8-05)
Sec. 2-490. – Prohibited campaign contributions by lobbyists on real estate development
issues.
(1) No lobbyist on a pending application for a development agreement with the city, or application
for change of zoning map designation or change to the city’s future land use map shall solicit for
or 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.
(a) Commencing on the effective date of this ordinance, all applications for development
agreements and for changes in zoning map designation or future land use map changes,
shall incorporate this section so as to notify affected lobbyists 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 lobbyist subject to the provisions of this section.
Candidates (or those acting on their behalf) shall ensure compliance with this code section
by confirming with the City Clerk’s and planning department’s records to verify the lobbyist
status of any potential donor.
(2) (a) A person other than a lobbyist on a real estate development issue as set forth in subsection
(1) above, who directly or indirectly solicits for or 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 lobbying the city
commission in connection with a present development agreement, in connection with a
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development agreement that is currently being negotiated, or in connection with 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.
(b) A lobbyist on a real estate development issue as set forth in subsection (1) above, who
directly or indirectly makes a contribution to a candidate who is elected to the office of
mayor or commissioner shall be disqualified from lobbying the city commission in
connection with a present development agreement, in connection with a development
agreement that is currently being negotiated, or in connection with 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 for a period of 12 months from a final finding of violation.
(3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of
soliciting, giving or depositing a contribution in violation of this section shall constitute a
separate violation. All contributions received by a candidate in violation of this section shall be
forfeited to the city’s general revenue fund.
(4) The term “contribution” shall have the meaning ascribed to such term in F.S. ch. 106, as
amended and supplemented.
(5) The term “development agreement” shall have the meaning ascribed to such term in F.S. ch
163, as amended and supplemented.
(6) The term “lobbyist” as used herein shall exclude any person who only appears as a
representative of a nonprofit corporation or entity, without special compensation or
reimbursement for the appearance, whether direct or indirect, to express his/her support of or
opposition to the subject item.
(Ord. No. 2003-3395, § 1, 3-5-03; Ord. No. 2005-3486, § 4, 6-8-05)
Secs. 2-491—2-510. – Reserved.
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