2000-23822 RESO
RESOLUTION NO. 2000-23822
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
AN ORDINANCE SPONSORED BY COMMISSIONER JIMMY
L. MORALES RELATING TO CAMPAIGN FINANCING
REFORMS WHICH IS SCHEDULED TO BE HEARD ON
FIRST READING AS AGENDA ITEM NO. 13 (K) ON THE
FEBRUARY 24, 2000 MIAMI DADE COUNTY COMMISSION
AGENDA.
WHEREAS, Miami Dade County Commissioner Jimmy L. Morales is sponsoring an
Ordinance on the February 24, 2000 Miami- Dade County Commission agenda (Item 13 (K))
relating to campaign financing reforms; and
WHEREAS, the legislation proposed by Commissioner Morales, which is attached hereto
as Exhibit A, prohibits campaign contributions and expenditures by attorneys employed by bond
counsel firms and disclosure counsel firms and their immediate family members under certain
circumstances; prohibits campaign contributions and expenditures by individual contractors and
certain individuals, officers, directors or general partners of firms and their immediate family
members under certain circumstances; prohibits individuals and firms that have made certain
campaign contributions and expenditures from participating in any selection process for county
contracts; provides that any selection process for county contracts shall require an affidavit
regarding campaign contributions and expenditures; creates an election campaign financing trust
fund to provide public financing for mayoral and county commission elections; provides for
eligibility expenditure limits, distribution of funds, and expenditure limitations for candidates for
the office of mayor or county commissioner; and provides for electronic reporting and posting of
campaign contributions; and
WHEREAS, the proposed legislation is intended to alleviate concerns with regards to the
appearance of impropriety and any undue influence in the selection of bond counsel and disclosure
counsel; the selection of individual contractors and firms for county contracts; and in the running
of effective campaigns for elective office; and
WHEREAS, the proposed legislation further seeks to to encourage qualified persons to seek
elective office who would not, or could not, otherwise do so; and
WHEREAS, the Mayor and City Commission ofthe City of Miami Beach, Florida wish to
support the attached proposed legislation and its objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Ordinance
sponsored by Miami Dade County Commissioner Jimmy L. Morales is hereby supported.
~
ITY CLE!
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February, 2000.
~11;
PASSED and ADOPTED this 23rd day of
MAYOR
DJT:lm
F:\A TTOIDUBM\RESOLUTI\CAMP AIGN .MOR
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
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City omey DaM
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. I q 2-00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: February 23, 2000
FROM:
"
~urray H. Dubbin \\ I ,U /'
CIty Attorney .\10 ~iy ,
\J ~\
SUBJECT:
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA SUPPORTING AN ORDINANCE
SPONSORED BY COMMISSIONER JIMMY L. MORALES RELATING TO
CAMP AIGN FINANCING REFORMS WHICH IS SCHEDULED TO BE
HEARD ON FIRST READING AS AGENDA ITEM NO. 13 (K) ON THE
FEBRUARY 24, 2000 MIAMI-DADE COUNTY COMMISSION AGENDA.
Pursuant to the request of Commissioner Simon Cruz, the above referenced Resolution is
submitted for consideration by the Mayor and City Commission.
cc: Lawrence A. Levy
City Manager
Agenda Item R '7 1-\
Date 2-23-00
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAlVII BEACH, FLORIDA, SUPPORTING
AN ORDINANCE SPONSORED BY COMlVIISSIONER JIMMY
L. MORALES RELATING TO CAMPAIGN FINANCING
REFORMS WHICH IS SCHEDULED TO BE HEARD ON
FIRST READING AS AGENDA ITEM NO. 13 (K) ON THE
FEBRUARY 24, 2000 MIAlVII DADE COUNTY COMMISSION
AGENDA.
'VHEREAS, Miami Dade County Commissioner Jimmy L. Morales is sponsoring an
Ordinance on the February 24, 2000 Miami- Dade County Commission agenda (Item 13 (K))
relating to campaign financing reforms; and
WHEREAS, the legislation proposed by Commissioner Morales, which is attached hereto
as Exhibit A, prohibits campaign contributions and expenditures by attorneys employed by bond
counsel firms and disclosure counsel firms and their immediate family members under certain
circumstances; prohibits campaign contributions and expenditures by individual contractors and
certain individuals, officers, directors or general partners of firms and their immediate family
members under certain circumstances; prohibits individuals and firms that have made certain
campaign contributions and expenditures from participating in any selection process for county
contracts; provides that any selection process for county contracts shall require an affidavit
regarding campaign contributions and expenditures; creates an election campaign financing trust
fund to provide public financing for mayoral and county commission elections; provides for
eligibility expenditure limits, distribution of funds, and expenditure limitations for candidates for
the office of mayor or county commissioner; and provides for electronic reporting and posting of
campaign contributions; and
WHEREAS, the proposed legislation is intended to alleviate concerns with regards to the
appearance of impropriety and any undue influence in the selection of bond counsel and disclosure
counsel; the selection of individual contractors and firms for county contracts; and in the nmning
of effective campaigns for elective office; and
WHEREAS, the proposed legislation further seeks to to encourage qualified persons to seek
elective office who would not, or could not, otherwise do so; and
'WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida wish to
support the attached proposed legislation and its objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Ordinance
sponsored by Miami Dade County Commissioner Jimmy L. Morales is hereby supported.
PASSED and ADOP'FED this
day of
,2000.
ATTEST:
MAYOR
CITY CLERK
DJT:lm
F:IA TTOIDUBMlRESOLUTIICAMP AIGN.MOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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" City" omey Date
02/17/00 14:33
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JIMMY MORALES
IaJ002
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MEMORANDUM
TO:
Agenda Item No. 13(K)
Hon. Chairperson and Members
Board of County Commissioners
DATE:
February 24, 2000
FROM: Robert A. Ginsburg
County Attorney
SUBJECT: Ordinan~~ relating to campaign
financing
~
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The accompanying ordinance was prepared and placed on the agenda at the request of
Commissioner Jimmy L. Morales. .
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Robert A. Ginsburg
County Attorney
RAGlbw
EXHIBIT A
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TO:
e MEMORANDUM
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FROM:
HOIL ~ and Members
Board of County Commissioners
P~4
Robert A Ginsburx
CountyAUomey
21"
DATE:
SUBJECT:
February 24, 2000
Agenda Item No. 13(KJ
(
Please note any items checked.
"4-Day Rule" (Applicable if raised)
6 weeks ~ betwem 1il3t reading and public hearing
Decreases revenues or ~.~ without balancing
budget
Budget required
Statement offi.scal impact required
Statement of private business sector impact required
Bid waiver requiring County Managers written
recOmmendation
(
Ordinance aeating a new bOard requires a detailed County
Managers report for public.hearing
"Sunset" provision required
Legislative findings necessary
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JIMMY MORALES
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Approved
Veto
Overrid.e
Mavor
Agenda Item No. I3(K)
2-24-00
ORDINANCE NO.
(
ORDINANCE RELATING TO CAMPAIGN FINANCING;
PROHIBITING CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES BY AITORNEYS EMPLOYED BY BOND
COUNSEL FIRMS AND DISCLOSURE COUNSEL FIRMS
AND TIIEIR IMMEDIATE F AMIL Y MEMBERS UNDER
CERTAIN CIRCUMSTANCES; PROHIBITING CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES BY INDIVIDUAL
CONTRACTORS AND CERTAIN INDIVIDUALS, OFFICERS,
DIRECTORS OR GENERAL PARTNERS OF FIRMS AND
THEIR IMMEDIATE FAMILY MEMBERS UNDER CERTAIN
CIRCUMSTANCES; PROHIBITING INDIVIDUALS AND
FIRMS lHAT HAVE MADE CERTAIN CAMPAIGN
CONTRIBUTIONS AND EXPENDITIlRES FROM
PARTICIPATING IN ANY SELECTION PROCESS FOR
COUNTY CONTRACTS; PROVIDING mAT ANY
SELECTION PROCESS FOR COUNTY CONTRACTS SHALL
REQUIRE AFFIDAVIT REGARDING CAMPAIGN
CONTRIBUTIONS AND EXPENDITIJRES; CREATING
ELECTION CAMP AlGN FINANCING TRUST FUND TO
PROVIDE PUBLIC FINANCING FOR MAYORAL AND
COUNTY COMMISSION ELECTIONS; PROVIDING FOR
ELIGIBILITY, EXPENDITURE LIMITS, DISTRIBUTION OF
FUNDS AND EXPENDITURE LIMITATIONS; PROVIDING
FOR ELECTRONIC REPORTING AND POSTING OF
CAMPAIGN CONTRIBUTIONS; PROVIDING PENALTIES,
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
WHEREAS, Florida law limits individual campaign contributions to five hWldred
dollars ($500) per person per candidate but does not limit the candidates to whom a campaign
contribution may be made; and
WHEREAS, the Miami-Dade County Board of Count)' COmmissioners (the "Board") is
empowered to regulate campaign contributions to, and expenditw'es on behalf of, candidates for
Mayor and the Miami-Dade County Board of County Commissioners; and
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Agenda Item No. 13(K)
Page 2
WHEREAS, Miami-Dade County (the "County") and its related agencies issue millions (
of dollars of bonds annually; and
WHEREAS, the County: employs and from time-to-time seeks proposals from, law firms
with (i) nationally recognized bond counsel expertise to render the necessary legal opinions
which qualify the County's obligations as tax-exempt thereby saving the County millions of
dollars in interest costs, and (ii) experience with Security and Exchange CoIIllIliSsion roles and
regulations regarding disclosure which enables the law firms to act as disclosure counsel to the
County; and
WHEREAS, concern has been expressed in the municipal bond market ~t campaign
contributions to state and local government officials may improperly influence the selection of
public finance professionals; and
WHEREAS, the Board is also concerned with the appearance of impropriety regarding
undue influence by law firms to the detriment of the public interest when selecting bond counsel
or disclosure cOWlSel finns since the selection is highly contested due to the substantial fees to be
earned and tqe prestige associated with such a designation; and
WHEREAS, the County must enter into contracts each year for millions of dollars with
the private sector in order to provide services to its citizens; and
WHEREAS, many flnns contract with the County regularly with respect to all types of
goods and services after being selected as a result of a bidcUng, quaIific~tion or proposal process
conducted by the County; and
WHEREAS, the selection process for County contracts is highly competitive with many
firms lobbying County Commissioners in an attempt to obtain a County contract; and
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Agenda Item No. 11(K)
Page 3
WHEREAS, the Board is concerned with the appearance of, and potential for, undue and
unfair influence on the Mayor and the members of the Board by individuals and finns competing
for County contracts which may taint the selection process; and
WHEREAS, this Board previously prohibited campaign contributions by business
entities, which includes law firms, in. order to address this concern; and
WHEREAS, the provisions of this ordinance will further eliminate the appearance of,
and potential for, undue and unfair influence on the Mayor and the Board in the selection
of: (i) bond counsel and disclosure counsel by prohibiting campaign contributions or
expenditures by attorneys and their immediate family members; (il) individual contractors by
prohibiting campaign contributions by such individuals and their immediate family members;
and (iii) firms by prohibiting campaign contributions and expenditures by certain individuals,
officers, directors or general partners of such fIrms and their immediate family members; and
WHEREAS, to further prevent the appearance of impropriety and any undue influence
on the selection process for County contracts, individuals or firms that have made campaign
contributions or expenditures within twenty-four months from the date the selection process
commences shall be prohibited from participating in that selection process; and
WHEREAS, the Commission finds that the costs of running an effective campaign for
elective office have reached a level which tends to discourage persons from becoming candidates
and limits the persons who run for elective office; and
WHEREAS, the Commission further finds that campaign contributions generated by
political committees are having a disproportionate impact vis-a.-vis contributions from
unaffiliated individuals, which leads to the misperception of government officials unduly
influenced by those special interests to the detriment of the public interest; and
J:.ORD~I SII.' .
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Agenda Item No. I J(K)
Page 4
WHEREAS, the Commission intends that the provisions of this ordinance alleviate these . (
factors, dispel the misperception, and encourage qualified persons to seek elective office who
would not, or could not, otherwise do so,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that,
Section 1.
Findings. The recitals to this Ordinance are incorporated as findings.
Section 2.
Definitions. The following terms, as used in this Ordinance, shall mean;
a.
"Contribution" shall have the meaning ascribed to such term in Chapter
106, Florida Statutes, as amended and supplemented.
b. "Controlling Financial lnterest(s)" shall mean the ownership, directly or
indirectly, often percent (10%) or more of the outstanding capital stock in any corporation or a
direct or indirect interest often percent (10%) or more in a Finn.
c. "Expenditure" shall have the meaning ascribed to such term in Chapter
106, Florida Statutes, as amended and supplemented.
d. "Firm(s)" shall mean a corporation, partnership, business trust or any legal
entity other than a natural person.
e. "Immediate Family Members" shall mean the spouse, parents and children
of the person involved.
f. "Individual Contractors" shall mean individuals who may enter into, or
have entered into, a contract with the County in their individual capacity.
Section 3.
Limitations regarding bond coumel Firms and disc:losure counsel
Firms. It is unlawful for any attorney of a bond cOWlSel Finn or disclosure counsel Firm
employed by the County and his or her Immediate Family Members to make a campaign (
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Agenda Item No. taCK)
Page 5
Contribution or Expenditure, either directly, indirectly or through a political committee, in
connection with the campaign of any candidate for Mayor or the Board of County
Commissioners. Furthermore, it shall be unlawful for any candidate, political committee, or
other person to knowingly accept or receive any campaign. Contribution or Expenditure
prohibited by this section.
A Law Finn shall be prohibited from responding to any bid, request for proposals,
request for qualifications or any other selection process for bond counselor disclosure cOWlSel
services if any of its attorneys or their Immediate Family Members either directly, indirectly or
through a political committee, made a campaign Contribution or Expenditure in connection with
the campaign of any candidate for Mayor or the Board of County Commissioners within twenty-
four (24) months of the date on which the selection process commences. For the pwposes of this
Section, a campaign Contribution or Expenditure drawn from any fund or account in which
monies are held shall be deemed a campaign Contribution or Expenditure from all parties named
on the account or fund,
Section 4.
Limitation regarding Individual Contractors and Firms with a
County contract. It is unlawful for (i) Individual Contractors and their Immediate Family
Members and (ii) individuals with Controlling Financial Interests, officers, directors or general
partners of Firms which have a contract with the County and their Immediate Family Members
to make a campaign Contribution or Expenditure, either directly, indirectly or through a political
committee, in connection with the campaign of any candidate for Mayor or the Board of County
COmmissioners. Furthermore, it shall be unlawful for any candidate, political committee, or
( prohibited by this Section.
other person to knowingly accept or receive any campaign Contribution or Expenditure
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. Agenda Item No. l.3(K)
Page 6
An Individual Contractor shall be prohibited from responding to any bid, request for (
proposals, request for qualifications or any other selection process if the Individual Contractor or
anyone of his or her Immediate Family Members, either directly, indirectly or through a political
committee, made a campaign Contribution or Expenditure in connection with the campaign of
any candidate for Mayor or the Board within twenty-four (24) months from the date the selection
process commences. For the purposes of this Section, a campaign Contribution- or Expenditure
drawn from any fund or account in which monies are held shall be deemed a campaign
Contribution or Expenditure from all parties named on the account or fund.
A Finn shall be prohibited from responding to any bid, request for proposals, request for
qualifications or any other selection process if any of the Firm's individuals with Controlling
Financial Interests, officers, directors or general partners or their Immediate Family Members,
either directly, indirectly or through a political committee, made a campaign Contribution or
.
Expenditure in connection with the campaign of any candidate for Mayor or the Board within .
twenty-four (24) months from the date the selection process commences. For the purposes of
this Section, a campaign Contribution or Expenditure drawn from any fund or account in which
monies are held shall be deemed a campaign Contribution or Expenditure from all parties named
on the fund or account.
Section 5.
Affidavit Regarding Campaign Contributions and Expenditures.
Each Law Finn, Individual Contractor and Finn responding to a bid, request for proposals,
request for qualifications, or any other selection process shall submit an affidavit on a form
provided by the County stating that the Law Firm. Individual Contractor or Firm is in
compliance with either Section 3 or Section 4, as applicable, of this Ordinance. Failure to file
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Agenda Item No. 13(K)
Page 7
the required affidavit shall deem a respondent non-responsive and, thereby, ineligible for
consideration.
Section 6.
Election Campaign Financing Trust Fund. There is established the
Election Campaign Financing Trust Fund to be utilized by the Miami-Dade County Department
of Elections as provided in this ordinance. If necessary, each year in. which a general election is
to be held for the election of the Mayor or any county commissioner, additionaf funds shall be
transferred to the Election Campaign Financing Trust Fund from general revenues in an amount
sufficient to fund qualifying candidates pursuant to this ordinance.
Section 7.
Election campaign f'mancing; eligibility. Each candidate for the Office
of Mayor of Miami-Dade County or the Board of COWlty Commissioners of Miami-Dade
County who desires to receive contributions from the Election Campaign Financing Trust Fund
\.
shall, upon qualifying for office. file a request for such contributions with the filing officer on
forms provided by the Miami-Dade County Supervisor of Elections. If a candidate requesting
contributions from the fund desires to have such funds distributed by electronic fund transfers,
the request shall include information necessary to implement that procedure. To be eligible to
receive contributions from the fund, a candidate shall not be an unopposed candidate and shall:
(1 ) Agree to abide by the expenditure limits provided in Section &;
(2) QualifY as a candidate pursuant to Chapter 99, Florida Statutes and
Section 2.04 of the Home Rule Charter;
(3) Limit loans or contributions from the candidate's personal funds to
twenty-five thousand dollars ($25,000), which loans or contributioIl$ shall not qualuy for
meeting the threshold amounts in Section 7(5);
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Agenda Item No. } 3(K)
Page 8
(4)
Submit to a post-election audit of the campaign accoWlt by the Supervisor
(
of Elections; and
(5) Raise contributions as follows:
(a) One hundred thousand dollars ($100,000) for a candidate for
Mayor.
(b) Twenty-five thousand dollars ($25,000) for" a candidate for the
Board of County Commissioners; or
(6) Obtain the'valid signatures of:
(a) Voters in Miami-Dade County in numbers at least equal to five
percent (5%) of the registered voters in the County, as determined sixty (60) days prior to the
first day of qualifying, where the person is a candidate for Mayor;
(b) Voters in a particular commission district in numbers at least equal
to eight percent (8%) of the registered voters in the particular commission district, as determined
sixty (60) days prior to the first day of qualifying, where the person is a candidate for County
Commissioner in said commission district~
(c) The signatures shall be filed with the Supervis'or of Elections who
shall within 30 days canvass the signatures to determine their sufficiency. If the number of
signatures is insufficient or the petition is deficient as to form or compliance with this Section,
the Supervisor of Elections shall notify the person filing the petition that the petition is
insufficient and has failed.
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Agenda Item No. t.3(K)
Page 9
Section 8.
Expenditure limits.
(1)
Any candidate for Mayor or the Board of County Commissioners who
requests contributions from the Election Campaign Financing Trust Fund shall limit his or her
total expenditures as follows:
(a) Mayor: Five hundred thousand dollars ($500,000).
(b) Board of County Commissioners: One hundred and fifty thousand
dollars ($150,000).
(2) If a run-off election occurs, a candidate for Mayor may expend an
additional two hundred and fifty thousand dollars (S250,OOO} fol' a total of seven hundred and
fifty thousand dollars ($750,000), and a candidate for the Board of County Commissioners may
expend an additional one hundred thousand dollars (SI00,000) for a total of two hundred.. and
(
fIfty thousand dollars (S250,000).
(3) The expenditure limit shall be adjusted by the Supervisor of Elections
quadrennially to reflect the rate of inflation<?f deflation as indicated in the Consumer Price Index
. . . !
for All Urban Consumers, U.S~ City Average, All Items, 1967=100, or successor reports as
reported by the United Stat@sDepartment of Labor, Bureau of Labor Statistics.
(4) For the purposes of this section, the term "expenditure" does not include
the payment of compensation for legal and accounting seIVices rendered on behalf of a
candidate.
(5) Any candidate who requests contributions from the Eleetion Campaign
.
Financing Trust Fund and subsequently exceeds the expenditure limit set forth in this section
shall, within fifteen (15) days from the date the candidate exceeds the limit, pay to the Election
Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or
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Agenda Item No. 1 J(K)
Page 10
expenditures. Such amount shall not be an allowable campaign expense and shall be paid from
(
personal funds of the candidate. However, if a nonparticipating candidate exceeds the
expenditure limit as described in Section 8, a candidate signing the statement pursuant to this
section may exceed the applicable expenditt:1re limit to the extent the nonparticipating candidate
exceeded the limit without being subjected to a penalty.
Section 9.
Distribution of funds.
(1)
The Supervisor of Elections shall review each request for contributions
from the Election Campaign Financing Trust Fund and certify whether the candidate is eligible
for such contributions. Notice of the certification decision shall be provided to the candidate.
(2) An adverse decision may be appealed to a hearing examiner. The
Supervisor of Elections shall adopt rules providing a procedure for such appeals. Hearing
examiners shall be selected from a panel of retired judges who have served ten (10) or more
years as Circuit Judges in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
Hearing examiners may be selected from alternate sources where the County Attorney
recommends in writing that such action is necessary to achieve ~eater diversity. Appeals shall
be filed with the Clerk of the Board and to the County Attorney within ten (10) days of the filing.
of the Supervisor of Elections' decision. Such appeal shall be in writing, shall state the particulCU"
grounds on which it is based. shall include all pertinent documents and evidence and shall be
accompanied by a bond in the amount of five hundred dollars ($500) in a form and with a surety
acceptable to the Supervisor of Elections. Any grounds not stated shall be deemed waived. Such
bond shall be retained by the Clerk of the Board and shall be returned at the conclusion of the
appeal proceedings unless the. hearing examiner imposes costs against the appellant and such
costs are not separately paid by the appellant within fourteen (14) ~a1endar days of the hearing \,
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Agenda Item No. 13(K)
Page 11
examiner's decision. The decision of the hearing examiner shall be final unless appealed. The
I,
decision of the hearing examiner may be appealed pursuant to the Florida Rules of Appellate
Procedure.
(3)
(a)
Each candidate who has been certified to receive contributions
from the Election Campaign Financing Trust Fund shall be entitled to distribution of funds as
provided as follows:
1. Each candidate for the Board of County Commissioners
who has satisfied the requirements of Section 7 shall be entitled to a contribution of seventy-five
thousand ($75.000) dollars from the Election Campaign Trust Fund. If a run-off election occurs.
a candidate who has satisfied the requirements of Section 7 and Section 8 shall be entitled to an
additional fifty thousand dollars ($50,000).
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2.
Each candidate for the Office of Mayor who .has satisfied
the requirements of Section 6 shall be entitled to a contribution of two hundred and :fifty
thousand dollars ($250,000) from the Election Campaign Trust Fund. If a run-off election
occurs. a candidate who has satisfied the requirements of Section 7 and Section 8 shall be
entitled to an additional.one hundred and twenty-five thousand dollars ($1 25.000}.
(4)
(a)
Certification and distribution of funds shaH be based upon the
eligibility criteria provided in Section 7. The Supervisor of Elections shall review each report
prior to authorizing the release of funds. The Supervisor of Elections may prescribe separate
reporting forms for candidates for Mayor and the Board of County Commissioners.
(b) A candidate who is eligible for a distribution of funds based upon
qualifying contributions received and certified to the Supervisor of Elections as provided in this
Ordinance, may obligate funds nbt to exceed the amount which the campaign treasurer's report
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Agenda Item No. 13(K)
Page 12
shows the candidate is eligible to receive from the Election Campaign Financing Trust Fund
(
without the funds actually being on deposit in the campaign account.
(5) Distribution of funds shall be made within seven (7) days after the close of
qualifying. For run-off elections, distribution of funds shall be seven (7) days from the date of
the initial election.
(6) The Superi-isor of Elections shall adopt rules relating to re~rts, the timing
and fonn of signature petitions as. provided in Section 7(6), certification and distribution of funds
required by this Section. Such roles shall, at a minimum. provide for:
(a) Specifications for printed campaign treasurer's reports outlining the
format for such reports, including size of paper. typeface. color of print, and placement of
required information on the form.
(b) The'timing and fonn of signature petitions as provided in Section
7(6).
Section 10.
Candidates voluntarily abiding by election Campai~ Cmancing limits
but not requesting public funds; irrevocable statement required.
(1) Not later than qtialiiYing for office, each candidate for the Office of Mayor
or the Board of County Commissioners who has not made a request to receive contributions from
the Election Campaign Financing Trust Fund. but who wishes to voluntarily abide by the
applicable expenditure limit set forth in Section 8 and the ~ontribution limits on personal funds
set forth in Section 7. shall file an irrevocable statement to that effect with the Supervisor of
Elections.
(2) . Any candidate who files such a statement and subsequently exceeds such
limits shall, within fifteen (IS) days from the date the candidate exceeds the limit, pay to the C'
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Agenda Item No. 13(K)
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Election Campaign Financing Trust Fund an amount equal to the amount of the excess
contributions or expenditures. Such amount shall not be an allowable campaign expense and
shall be paid from personal funds of the candidate. However, if a nonparticipating candidate
exceeds the expenditure limit as described in Section 8, a candidate signing the statement
pursuant to this Section may exceed the applicable expenditure limit to the extent' the
nonparticipating candidate exceeded the limit without being subjected to a penalty: -
Section 11. Nonparticipating candidate exceeding limits. Whenever a candidate for
Mayor or the Board of County Commissioners ~o has elected not to participate in election
campaign financing under the provisions of this Ordinance exceeds the applicable .expenditure
limit provided in Section 8, all opposing candidates participating in such election campaign
financing are, notwithstanding the provisions of Section 7 or any other provision requiring
\ adherence to such limit, released from such expenditure limit.
Section 12. Electronic reporting aDd POStiDg. Candid8tes for the Offices of Mayor
or Board of County Commissioners shall file their Campaign Treasurer's Reports on diskettes or
CD-ROMs simultaneously with and in addition to an original signed report as required by
Section 106.07, Florida Statutes. Campaign Treasurer's Reports on diskettes or CD-ROMs shall
be in the same format as the original signed report. The Campaign Treasurer's Reports
submitted by candidates for the Office of Mayor and County Commissioner shall be posted on
the Supervisor of Elections' Website within three (3) d;ays of receipt of the diskettes or
CD-ROMs by the Supervisor of Elections, provided, that diskettes or CD-~OMs required to be
filed within four (4) days of an election shall be posted on the Supervisor of Election's Website
within two (2) days of the electioIL
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Agenda Item No. 13(1<)
Page 14
Section 13.
Penalties.
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(a) In addition to any other penalties which may be applicable, any individual
who violates Sections 3,4, 7 and 8 shall be subject to a fine up to five thousand dollars ($5,000)
or imprisonment not to exceed three hundred and sixty-four (364) days, or both.
(b) In the event an attorney of a bond counsel F~ or disclosure counsel Finn
which has a contract with the County or anyone of his or her Immediate Family Members
violates this ordinance, the bond counsel Firm or disclosure counsel Finn shall also be prohibited
from serving as bond counselor disclosure counsel for the County for two (2) years from the
date the person violating this ordinance pleads guilty. nolo contendere. or is found guilty
(regardless of whether adjudication is withheld) of a Violation of this ordinance.
(c) In the event an Individual Contractor or anyone of his or her Immediate
Family Members violates this ordinance. the Individual Contractor shall also be prohibited from
entering into a contract with the County for two (2) years from the date the person violating this
ordinance pleads guilty.. nolo contendere, or is found guilty (regardless of whether adjudication is
withheld) ofa violation of this ordinance.
(d) In the event an individual with Controlling Financial Interests, OffiCCF,
director or general partner of a Finn which has a contract with the County or anyone of their
family members, violates this ordinance. the Firm shall also be prohibited from entering into a
contract with the County for two (2) years from the date the person violating this ordinance
pleads guilty. nolo contendere, or is found guilty (regardless of whether adjudication is withheld)
ofa violation of this ordinance.
(e) Any candidate for the Office of Mayor or the Board of County
Commissioners who accepts a contribution prohibited by this Ordinance shall, within the later of
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Agenda Item No. 13 (K )
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fifteen (15) days of receipt of said contrib':Jtion or ten (10) days of knowledge thereof. return the
contribution to the contributor.
Section 14.
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 15_
It is the intention of the Board of County. Commissioners, and it is
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 to "section," Ilarticle," or other appropriate word.
Section 16.
The provisions of this Ordinance shall be applicable to all campaigns for
Mayor and the Board, provided, however, that any election in the year 2000 is exempt.
Section 17.
This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayot, and if vetoed, shall become effective only upon an
override by this Board.
Section 18,
This ordinance does not contain a sunset provision.
PASSED AND ADOPTED:
Approved by County Attorney as
to fonn and legal sufficiency:
b&.
(jjJjGk$
Sponsored by Commissioner Jimmy L. Morales
Prepared by:
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