2016-3991 Ordinance ORDINANCE NO. 2016-3991
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2 "ADMINISTRATION",
ARTICLE VII "STANDARDS OF CONDUCT", DIVISION 5
"CAMPAIGN FINANCE REFORM", ENCOMPASSING CITY
CODE SECTIONS 2-487 "PROHIBITED CAMPAIGN
CONTRIBUTIONS BY VENDORS", 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", BY PROVIDING
THAT, COMMENCING ON MARCH 1, 2016, MEMBERS OF THE
CITY COMMISSION OR CANDIDATES FOR SAID OFFICES
SHALL BE PROHIBITED FROM EITHER DIRECTLY OR
INDIRECTLY SOLICITING, ACCEPTING OR DEPOSITING ANY •
CAMPAIGN CONTRIBUTION REGARDING CITY ELECTED •
OFFICE FROM A VENDOR, LOBBYIST ON A PROCUREMENT
ISSUE, REAL ESTATE DEVELOPER, OR LOBBYIST ON A
REAL ESTATE DEVELOPMENT ISSUE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, as reflected by its prior adoption of legislation on the issue of
Campaign Finance Reform, the Miami Beach City Commission has found and
- 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
contributors, and to address the potential for abuse associated with certain
- - e - : •- = -• - -- • :- - - - - --: = :- ' '• - - in order to combat quid pro
quo and its appearance; and
WHEREAS, pursuant to concerns expressed at recent meetings of the Miami
Beach City Commission, and among City residents and other members of the public,
questioning the ability of City Commission members to solicit City vendors under
existing laws, the City Commission has determined that the potential (and certainly the
perception) for the granting of quid pro quo favors exists, arising
Language crossed through herein reflects changes between first and second reading of this Ordinance.The codifier is directed to
exclude from codification into the City Code language crossed through herein.
from the donation of a political contribution, and that the present ability of our elected
officials and candidates to solicit and accept all such donations, whether directly or
indirectly, creates an unacceptable appearance of conflict which undermines the
confidence of the public in our municipal system of representative democracy; and
WHEREAS, the below legislation is thus presented as an amendment to the
City's Code of Conduct in order to provide for stricter ethics laws than currently exist
under State or County ethics codes, by prohibiting members of the City Commission, or
any candidate seeking such Office, from directly or indirectly soliciting, accepting or
depositing a campaign contribution from those donors found to be most involved in
S
creating the appearance of corruption; said donors being "vendors," "lobbyists on a
procurement issue," "real estate developers," or "lobbyists on a real estate development
issue," as said terms are defined in Chapter 2, Article VII, Division 5, Sections 2-487
through 2-490 of the Miami Beach City Code; and
WHEREAS, by narrowly tailoring this legislation as stated above, the City
Commission is pursuing its goal of re-instilling public faith and trust in the government,
while accomplishing its legitimate, compelling government interest of maintaining
public confidence in its elected officials and in avoiding appearances of public corruption
stemming from the e_ - - - •- _ _ _- - - - - _- - -e - - -= potential unlawful quid pro
occasioned by the solicitation and acceptance of the subject campaign contributions at
issue hereinbelow from the subject class of prohibited donors.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration," Article
VII entitled "Standards of Conduct," Division 5 thereof entitled "Campaign Finance
Reform," encompassing City Code Section 2-487 "Prohibited campaign contributions by
vendors", 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", are all hereby amended
in the following manner, upon the effective date of the ordinance, to read as follows:
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) i No candidate or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the City Commission, shall
directly or indirectly solicit, accept2 or deposit into such candidate's
campaign account any campaign contribution from a
vendor. Candidates (or those acting on their behalf), as well as members
of the City Commission, 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.
ii For purposes of Subsection A(1)(b)i hereinabove, the term "indirectly
solicit" shall be defined as the situation in which a candidate, campaign
committee of a candidate, or member of the City Commission actively
coordinates or directs another person or entity to solicit a vendor for a
campaign contribution, as prohibited above. The term "indirectly" shall
also be defined to include those instances in which
a candidate for the offices of Mayor or Commissioner, or a member of
the City Commission, solicits a vendor for campaign contributions for a
political committee which supports or opposes candidates for City
elected office, -e . : - - - . - -•e _: . •: _ .: - • -_ -- _ -- ,
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, accepting or depositing a contribution in
. 9 9 g P 9
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.
* *
(4) As used in this section:
* * *
(d) The term "political committee" shall have the meaning ascribed to
such term in Florida Statutes Ch. 106, as amended and supplemented.
(e) The term "candidate" shall have the meaning ascribed to such term
2 This portion of the City's Campaign Finance Laws prohibiting direct or indirect solicitation or acceptance of certain
campaign contributions, applicable to Code Sections 2-487 through and including 2-490, shall be effective as of
January March 1, 2016 in order to obviate issues of unlawful retroactive legislation.
in Florida Statutes, section 97.021(5), as amended and supplemented.
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 $1000,000 in a City of
Miami Beach fiscal year wherein city commission action is not required.
(b) i_ No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the City Commission, shall
directly or indirectly solicit, accept or deposit into such candidate's
campaign account any campaign contribution indirectly from a
lobbyist subject to the provisions of this ordinance. Candidates (or those
acting on their behalf), as well as members of the City Commission, shall
ensure compliance with this code section by confirming with the city
clerk's records to verify the lobbyist status of any potential donor.
ii. For purposes of Subsection (1)(b)i hereinabove, the term "indirectly
solicit" shall be defined as the situation in which a candidate, campaign
committee of a candidate, or member of the City Commission actively
coordinates or directs another person or entity to solicit a lobbyist on a
procurement issue for a campaign contribution, as prohibited above.
The term "indirectly" shall also be defined to include but not be limited to
those instances in which a candidate for the offices of Mayor and
Commissioner, or a member of the City Commission, solicits a lobbyist
on a procurement issue for campaign contributions for a political
committee which supports or opposes candidates for City elected office;
* * *
(3) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, accepting or depositing a contribution in
violation of this section shall constitute a separate violation. All contributions
deposited received by.a candidate in violation of this section shall be forfeited to the
city's general revenue fund.
(5) The term "political committee" shall have the meaning ascribed to such term in
Florida Statutes Ch. 106, as amended and supplemented.
(6) The term "candidate" shall have the meaning ascribed to such term in Florida
Statutes, section 97.021(5), as amended and supplemented.
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) i. No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the City Commission, shall
directly or indirectly solicit, accept or deposit into such candidate's
campaign account any campaign contribution from a
real estate developer. Candidates (or those acting on their behalf), as
well as members of the City Commission, 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.
ii. For purposes of Subsection A(1)(b)i hereinabove, the term "indirectly
solicit" shall be defined as the situation in which a candidate, campaign
committee of a candidate, or member of the City Commission actively
coordinates or directs another person or entity to solicit a real estate
developer for a campaign contribution, as prohibited above. The term
"indirectly" shall also be defined to include but not be limited to those
instances in which a candidate for the offices of Mayor and
Commissioner, or a member of the City Commission, solicits a real
estate developer for campaign contributions for a political committee.
which supports or opposes candidates for City elected office ga ss
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, accepting 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.
(4) As used in this section:
* * *
(d) The term "political committee" shall have the meaning ascribed to such
term in Florida Statutes Ch. 106, as amended and supplemented.
(e) The term "candidate" shall have the meaning ascribed to such term in
Florida Statutes, section 97.021(5), as amended and supplemented.
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.
* * *
(b) i_ No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the City Commission, shall
directly or indirectly solicit, accept or deposit into such candidate's
campaign account any campaign contribution from a
lobbyist subject to the provisions of this section. Candidates (or those
acting on their behalf), as well as members of the City Commission, 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.
ii. For purposes of Subsection A(1)(b)i hereinabove, the term "indirectly
solicit" shall be defined as the situation in which a candidate, campaign
committee of a candidate, or member of the City Commission actively
coordinates or directs another person or entity to solicit a lobbyist on a
real estate development issue for a campaign contribution, as prohibited
above. The term "indirectly" shall also be defined to include but not be
those instances in which a candidate for the offices of Mayor
and Commissioner, or a member of the City Commission, solicits a
lobbyist on a real estate development issue for campaign contributions
for a political committee which supports or opposes candidates for City
elected office, -= - e = - - - - •_ - • -- -- - : .
(3) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of soliciting, giving, accepting or depositing a contribution in
violation of this section shall constitute a separate violation. All contributions
deposited received by a candidate in violation of this section shall be forfeited to the
city's general revenue fund.
* * *
(7) The term "political committee" shall have the meaning ascribed to such term in
Florida Statutes Ch. 106, as amended and supplemented.
(8) The term "candidate" shall have the meaning ascribed to such term in Florida
Statutes, section 97.021(5), as amended and supplemented.
SECTION 2. 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 of this 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 re-lettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect March 1, 2016.
PASSED and ADOPTED this 13th day of January, 2016.
ATTEST:
PHI_ P
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RAFA L . G NA O
CITY CLERK ,,_,.. \ � is
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(Sponsored by Commissioners Micky Steinberg & Michael Grieco)
APPROVED AS TO •
FORM&LANGUAGE
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City Attorney
F:\ATTO1AGUR\RESOS-ORD\2016\Amending City Code-Campaign Contribution101-13-16 Final Ord Passed Re Ordinance Campaign Prohibition.docx
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,.www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
RAUL J.AGUILA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUIL c\..L
CITY ATTORNE ``
DATE: JANUARY 13, 2016
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH INCREASING STRINGENCY OF CITY OF MIAMI
BEACH ETHICS LAWS BY AMENDING CITY CODE CHAPTER 2,
ARTICLE VII "STANDARDS OF CONDUCT", DIVISIONS 5 THEREOF, TO
PROHIBIT AS OF MARCH 1, 2016 MEMBERS OF THE CITY COMMISSION
AND CANDIDATES SEEKING SUCH OFFICE FROM DIRECTLY OR
INDIRECTLY SOLICITING, ACCEPTING OR DEPOSITING CAMPAIGN
CONTRIBUTIONS FROM A VENDOR, LOBBYIST ON A PROCUREMENT
ISSUE, REAL ESTATE DEVELOPER OR LOBBYIST ON A REAL ESTATE
DEVELOPMENT ISSUE.
Attached are minor revisions to the Ordinance following further review by Justice Cantero.
For ease of reference I have attached a redline version, denoting the new language in
bold, and a clean version. The attached Ordinance is intended to supersede the version
that was submitted in your regular Agenda Packet.
RJA/mmm
F:WTTO\AGUR\RESOS-ORD\2016\Amending City Code-Campaign Contribution\01-13-16 2nd Memo Campaign Prohibition.docx
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