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City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
OFFICE OF THE CITY ATTOR.NEY
RAUL J. AGUIIA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUILA 1X).j}'
CITY ATTORNEY
DATE: SEPTEMBER 30, 2015
SUBJECT: 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 JANUARY 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.
Pursuant to the request of City Commissioner Jonah Wolfson, the attached ordinance has
been drafted for the purpose of strengthening the City of Miami Beach's Code of
Conduct's ethical standards for the City's elected officials and candidates seeking said
Offices.
Specifically, the attached Ordinance amends City Code Chapter 2, Article Vll, Division 5
entitled "Campaign Finance Reform" by codifying substantive changes which will
establish stricter ethics laws than currently exist under State or County ethics codes by
providing that commencing January 1, 2016, members of the City Commission and any
candidate seeking such Office shall be prohibited from directly or indirectly soliciting,
accepting or depositing a campaign contribution, from a "vendor", "lobbyist on a
procurement issue", "real estate developer" or "lobbyist on a real estate development
issue", as said terms are defined in Chapter2, ArticleV!!, Division 5 of the Miami Beach
City Code.
This amendment to the City's ethics laws serves to augment the City's intent of good
government, and will once more place the City of Miami Beach at the forefront of local
ethics legislation.
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Aoenda ltem RSf
Date_ to_lq-E,507
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CIry CODE CHAPTER 2 "ADMINISTRATION",
ARTICLE VII "STANDARDS OF CONDUCT", DIVISION 5..CAMPAIGN F!NANCE REFORM", ENCOMPASSING CITYCODE SECTIONS 2487 "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 JANUARY 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 CIry 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 issueof
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
appearance of undue influence and access to candidates and elected officials by
contributors, and to address the potential for abuse associated with certain
campaign contributions which unfairly influence elections and create the perception
that public officials may be influenced by special interests; 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 undue influence and granting of quid pro quo favors exists arising 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
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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
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 Vll, 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 potentially improper influence and related 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
Vll entitled "Standards of Conduct," Division 5 thereof entitled "Campaign Finance
Reform," encompassing City Code Section 2487 "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 effective January 1,2016, to read as follows:
Sec. 2487. 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.
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(b) i No candidate or campaign committee of a candidate for the
offices of mayor or commissioner,
shall directly or indirectly solicit, accept' or deposit into such candidate's
campaign account any campaign contribution otherwise prohibited in
Section A(1Xa) above @ 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 veqlfy the vendor status of any potential donor.
ii For purposes of Subsection A(1Xb)i hereinabove, the term "indirectlv
solicit" shall include, but not be limited to. those instances in which a
candidate for the offices of Mayor or Commissioner, or a member of the
Citv Commission, solicits campaiqn contributions for a political
committee, reoardless of whether said contribution is earmarked bv the
donor for a particular candidate for City elected office.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of solicitinq. giving, acceptinq 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 meaninq ascribed to
such term in Florida Statutes Ch. 106, as amended and supplemented.
Sec. 2488. 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
1 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 1,2016 in order to obviate issues of unlawful retroactive legislation.
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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 Citv Commission, shall
directlv or indirectlv solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenruise prohibited in
Section (1) above @ 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 "indirectlv
solicit" shall include. but not be limited to, those instances in which a
candidate for the offices of Mavor and Commissioner, or a member of
the Citv Commission, solicits
campaiqn contributions for a political committee. regardless of whether
said contribution is earmarked bv the donor for a particular candidate 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, acceptinq or depositing a contribution in
violation of this section shall constitute a separate violation. All contributionsdeposited 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 meaninq ascribed to such term in
Florida Statutes Ch. 106. as amended and supplemented.
Sec. 2,489. Prohibited campaign contributions by real estate developers.
A. General.
(t) (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
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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, or member of the Citv Commission, shall
directlv or indirectly solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenarise prohibited in
Section A(1Xa) above @ from a real estate developer.
Candidates (or those acting on their behalf). as well as members of the
Citv 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 "indirectlv
solicit" shall include. but not be limited to, those instances in which a
candidate for the offices of Mayor or Commissioner, or a member of the
City Commission. solicits campaion contributions for a political
committee, reqardless of whether said contribution is earmarked by the
donor for a particular candidate for City elected office.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of solicitinq. giving, acceptinq 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 meanino ascribed to
such term in Florida Statutes Ch. 106, as amended and supplemented.
Sec. 2490. Prohibited campaign contributions by Iobbyists 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.
512
(b) t No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, or member of the Citv Commission. shall
directlv or indirectlv solicit, accept or deposit into such candidate's
campaign account any campaign contribution othenarise prohibited in
Section (1) above @ 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 (1)(b)i hereinabove. the term "indirectlv
solicit" shall include, but not be limited to. those instances in which a
candidate for the offices of Mavor or Commissioner. or a member of the
Citv Commission, solicits campaiqn contributions for a political
committee, reqardless of whether said contribution is earmarked by the
donor for a particular candidate 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 contributionsdeposited 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 meaninq ascribed to such term in
Florida Statutes Ch. 106. 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.
lf 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.
!t 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
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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 on January 1,2016.
PASSED and ADOPTED this day of
ATTEST:
PHILIP LEV!NE
MAYOR
RAFAEL E. GRANADO
CITY CLERK
(Requested by City Commissioner Jonah Wolfson)
,2015.
'8ER[8U'-8ilB'& FOR EXECUTION
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City Attorney " -
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