LTC 241-2023 Updated Overview of City of Miami Beach Campaign Finance Laws - Restrictions on City Commission Members and Canditates for City Elected Office and Related Filing RequirementsMIAMI BEACH
OFFICE OF THE CITY ATrORNEY
LTC No
LETTER TO COMMISSION
TO:
FROM:
Mayor Dan Gelber and Members of the City Commission
Rafael A. Paz, City Attorney
DATE:
SUBJECT:
May 24, 2023
Updated Overview of City of Miami Beach Campaign Finance Laws
Restrictions on City Commission Members and Candidates for City Elected
Office and Related Filing Requirements.
This LTC has been prepared in order to update the prior guidance the City Attorney’s Office has
provided concerning the City’s Campaign Finance laws1, in view of recent amendments approved
by the Mayor and City Commission.
Specifically, the Mayor and City Commission amended Chapter 2 of the City Code to strengthen
the City’s Campaign Finance laws, effective May 27, 2023, by:
•Prohibiting incumbent members of the City Commission and candidates for such offices
from soliciting “vendors,” “real estate developers,”2 and their lobbyists for contributions to
an Electioneering Communication Organization that makes expenditures for
electioneering communications relating to candidates for City elected office or accepts
contributions for the purpose of making such electioneering communications; and
•Establishing certain filing requirements for incumbent Commission members and
candidates for such office, requiring disclosure of their upcoming solicitation of
contributions for Political Committees or Electioneering Communications Organizations,
as well as disclosure of any letter of instruction or other findings of a violation of the City’s
Campaign Finance laws or related County disclosure laws (and corresponding
requirements, as set forth below).
1.SUMMARY OF CAMPAIGN FINANCE RESTRICTIONS:
The following chart sets forth the Code’s prohibited actions relating to the solicitation or
acceptance of campaign-related contributions, as well actions not otherwise prohibited, as
applicable to members of the City Commission, candidates for the City Commission, and their
campaign committees:
1 See City Code Chapter 2, Article VII, Division 5, at Sections 2-487 through and including 2-490, at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2A
D ARTVIISTCO DIV5CAFIRE
2 See City Code section 2487 defining “Vendor”, and City Code section 2-489 defining “Real Estate
Developer.
241-2023
Letter to Commission - City of Miami Beach Campaign Finance Laws
May 24, 2023
Page 2
PROHIBITED ACTIONS
May not “directly” (i.e., the incumbent,
candidate or candidate’s committee) solicit,
accept or deposit into that candidate’s
campaign account a campaign contribution
from a vendor, real estate developer, or
lobbyist of a vendor or real estate developer.
May not “indirectly” (i.e. through a third party,
where the incumbent, candidate or candidate’s
committee has coordinated with, or directed
another person/entity to act) solicit, accept or
deposit into that candidate’s campaign account
a campaign contribution from a vendor, real
estate developer, or lobbyist of a vendor or real
estate developer.
3 Were an incumbent or candidate, in the midst of a wide-scale solicitation, to inadvertently solicit a
vendor, real estate developer, or their lobbyist, such action would constitute a per se violation of the
City’s Code, subject to review by the Miami-Dade County Ethics Commission. In such a situation, the
Ethics Commission would presumably consider all reasonable efforts made by the
incumbent/candidate to pre-determine whether such prohibited donors would be within the class of
persons targeted for solicitation, as well as all efforts made by the incumbent/candidate to mitigate the
prohibited solicitation (such as timely correspondence withdrawing requests for contributions and/or
returning such contributions).
ACTIONS NOT PROHIBITED
May directly solicit, accept or deposit into a
candidate’s campaign account a campaign
contribution from a donor, so long as the
donor is not a vendor, real estate developer,
or lobbyist of a vendor or real estate
developer.
NOTE: Incumbents. candidates and their
campaign committees are directed to make
reasonable efforts to ensure that potential
donors solicited on a wide-scale basis (such
as open invitations to a particular class of
invitees, or solicitations via e-mail blasts) do
not include City vendors, real estate
developers, or their lobbyists3.
May indirectly solicit, accept or deposit a
campaign contribution into a candidate’s
campaign account from a donor, so long as
the donor is not a vendor, real estate
developer, or lobbyist of a vendor or real
estate developer.
NOTE: Incumbents. candidates and their
campaign committees are directed to make
reasonable efforts to ensure that those
potential donors solicited on a wide-scale
basis (such as open invitations to a particular
class of invitees, or solicitations via e-mail
blasts) do not include City vendors, real estate
developers or their lobbyists.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Letter to Commission - City of Miami Beach Campaign Finance Laws
May 24, 2023
Page 3
F OHIBITED
May not directly or indirectly solicit a vendor,
real estate developer, or lobbyist of a vendor or
real estate developer for a campaign
contribution to a Political Committee (PC)4 that
supports or opposes candidates for City
elected office; and/or to an Electioneering
Communication Organization (ECO) that
makes expenditures for electioneering
communications relating to candidates for City
elected office or accepts contributions for the
purpose of making such electioneering
communications.
May directly or indirectly solicit a vendor, real
estate developer, or lobbyist of a vendor or
real estate developer, for a campaign
contribution to a PC that does not support or
oppose candidates for City elected office; to
an ECO that does not make expenditures for
electioneering communications relating to
candidates for City elected office or accept
contributions for the purpose of making such
electioneering communications; or to a
candidate for office other than City Mayor or
Commissioner.
May directly or indirectly solicit persons other
than a vendor, real estate developer, or
lobbyist of a vendor or real estate developer
for a campaign contribution to a PC
(regardless of whether it supports or opposes
candidates for City elected office), and/or to
an ECO (regardless of whether it makes
expenditures for electioneering
communications relating to candidates for
City elected office or whether it accepts
contributions for the purpose of making such
electioneering communications).
NOTE: Notwithstanding the foregoing City
Code restrictions. incumbents and candidates
for City office are not prohibited from
otherwise associating with or serving as an
officer of a PC (regardless of whether it does
or does not support/oppose candidates for
City elected office), or as an officer of an ECO
(regardless of whether it does or does not
make expenditures for electioneering
communications relating to candidates for
City elected office or accepts contributions for
the purpose of making such electioneering
communications).
4 The City Code defines the terms “Political Committee” and “Electioneering Communications
Organization” in accordance with Chapter 106, Florida Statutes, and the term "candidate" in
accordance with Section 97.021 (5), Florida Statutes.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical. historic community.
Letter to Commission - City of Miami Beach Campaign Finance Laws
May 24, 2023
Page 4
PROHIBITED ACTIONS I ACTIONS NOT PROHIBITED
May not solicit, accept, or deposit into a
candidate’s campaign account a campaign
contribution from a potential donor without first
checking the City’s website, as well as verifying
with the City’s Procurement Division, the
“vendor” status of any potential donor, verifying
with the City Clerk’s records the “real estate
developer” status of any potential donor, and
verifying with the City Clerk's records whether
a potential donor is a “lobbyist” for a vendor or
real estate developer.
Visit
https://www.miamibeachfl.gov/city-hall/city-
clerk/election-information/campaign-finance/
11,RELATED CITY FILING REQUIREMENTS:
In addition to the above, the following City filing requirements are applicable to incumbent City
Commission members and candidates for such Offices:
PRE-SOLICITATION FILING
Must file prior to solicitation (not otherwise
prohibited by City’s Campaign Finance laws)
the attached Reporting of Solicitation of
Contributions Form, disclosing any direct or
indirect solicitation on behalf of a PC that
supports or opposes candidates for City
elected office, and/or ECO which makes
for electioneeringexpenditures
communications relating to candidates for City
elected office or accepts contributions for the
5 These sections of the County Code establish County requirements for disclosure by incumbent
County or municipal Commission members and candidates for such offices, of solicitation activities
undertaken on behalf of, inter alia, aol ( Political Committee and/or Electioneering Communications
Organization, to be filed within five (5) days of commencing solicitation activities. NOTE: Considering
the subject City restrictions on solicitation, County disclosure law is to be interpreted as the disclosure
of solicitation activities not otherwise prohibited by City law–see above column entitled “Actions Not
Prohibited.”
Once this verification process has occurred
and the incumbent, candidate, and/or the
candidate’s campaign committee has
confirmed that a potential donor is not a
vendor, real estate developer, or a lobbyist for
a vendor or real estate developer, then the
incumbent, candidate, and/or the candidate’s
campaign committee may solicit, accept, or
deposit into the candidate’s campaign
account a campaign contribution from the
subject potential donor.
POST-SOLICITATION FILING
Any candidate or incumbent member of the
City Commission who was issued a letter of
instruction or other finding of violation of the
City’s Campaign Finance laws or sections 12
14.2.1 or 12-14.2.2 of Miami-Dade County
Code,5 must provide the City Clerk with a copy
of such letter of instruction or other finding of
violation within ten (10) days of receipt thereof
to be posted by City Clerk on the City's
website
We are committed to providing excellent public service and safety to all who live. work, and play in our vibrant, tropical. historic community.
Letter to Commission - City of Miami Beach Campaign Finance Laws
May 24, 2023
Page 5
PRE-SOLICITATION FILING
purpose of making such electioneering
communications
POST-SOLICITATION FILING
NOTE: if the letter of instruction or other
finding of violation involves failure to comply
with the requirements of County Code
Sections 12-14.2.1 or 12-14.2.2, the candidate
or City Commission member shall notify the
City Clerk in writing, at the time of submission
to the City Clerk of the letter of instruction or
whether theother finding of violation
contribution or proceeds associated with such
letter of instruction or other violation has been
returned to the donor
NOTE: This filing requirement is a one-time
report, to be filed with the City Clerk indicating
that the candidate or member of the City
ISCommission solicitationundertaking
activities on behalf of a particular PC and/or
ECO (form available on City Clerk’s website
at
httDs://www.miamibeachfl.aov/d 'hall/ci'
clerMn-infoM) gn-finance/
The above is intended as an overview of the City’s Campaign Finance Laws’ applicability to
members of the City Commission and candidates for City office. Should you have any specific
questions pertaining to this matter or otherwise wish to discuss the above issues in greater detail,
please do not hesitate to contact me.
RAP/REG/ag
Attachment: MBCCI – Reporting of Solicitation of Contributions Form
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical. historic community.
CITY OF MIAMI BEACH
REPORTING OF SOLICITATION OF CONTRIBUTIONS FOR
POLITICAL COMMITrEES AND ELECTIONEERING COMMUNICATIONS ORGANIZATIONS
In accordance with City of Miami Beach Ordinance 2023-4557, codified in Sections 2-487 through and
including 2-490 of the Miami Beach City Code, a candidate for the offices of Mayor or Commissioner or a
member of the City Commission must file, prior to engaging in solicitation activities (not otherwise prohibited
by the aforementioned City Code sections), this Form to publicly disclose their solicitation fundraising activities
for Political Committees or Electioneering Communications Organizations. Upon completion, this Form must
be filed with the City Clerk (see filing instructions below), to be filed on a one-time basis disclosing solicitation
for a particular Political Committee or Electioneering Communications Organization.
Nii IdamrT
Elected Official's or Candidate's Name
Address (number and street)
City, State, Zip Code
Prior to commencing solicitation activities (not otherwise prohibited by Article VII, Division 5, Sections 2-487
through and including 2-490 of the Miami Beach City Code), either directly or indirectly, on behalf of a Political
Committee which supports or opposes candidates for City elected office, or Electioneering Communications
Organization which makes expenditures for electioneering communications relating to candidates for City
elected office or accepts contributions for the purpose of making such electioneering communications, a
candidate for the offices of Mayor or Commissioner, or a member of the City Commission shall file this one-
time Report with the City Clerk indicating that the candidate or member of the City Commission is undertaking
solicitation activities on behalf of such Political Committee or EIectioneering Communications Organization.
Filing as a:
a Candidate for the offices of Miami Beach Mayor or Commissioner
Office:
[] Member of the Miami Beach City Commission
Office:
I will be commencing solicitation activities on behalf of a B:
a Political Committee
[] Electioneering Communications Organization
• Full Name of the Political Committee or Electioneering Communications Organization:
• Address of the Political Committee or Electioneering Communications Organization:
• Telephone number of the Political Committee or Electioneering Communications Organization:
• Name of the Registered Agent for the Political Committee or Electioneering Communications
Organization:
• Name of the Chairperson or Treasurer for the Political Committee or Electioneering Communications
Organization:
• Name of the jurisdiction where the Political Committee or Electioneering Communications
Organization filed its statement of organization (e.g., either the City of Miami Beach, Miami-Dade
County, or the State of Florida):
• Describe the relationship between the Candidate or member of the City Commission (as applicable)
and the Political Committee or Electioneering Communications Organization:
CERTIFICATION
It is a first-degree misdemeanor for any person to falsify a public record (sec. 839.13, Fla. Stat.)
I hereby acknowledge that it is my responsibility to read, understand, and follow the campaign finance
requirements described in this Article VII, Division 5 of the Miami Beach City Code.
I certify that I have examined this report and it is true, correct, and complete.
X
Signature
Type or Print Name
Date
[] Elected Official [] Candidate
Form # MBCC 1 Created On May 17, 2023 Ordinance 2023-4557
Once the form is completed, print it, sign it, and submit an electronic copy to the Office of the City Clerk at
CityClerk@miamibeachfl.qov. You may also mail or hand deliver the form to the Office of the City Clerk,
Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139.
For more information, please contact the Office of the City Clerk at 305.673.7411 or via email at
CityClerk@miamibeachfl .gov.
F:\CLER\CLER\000_ELECTION\aaFORMS\MBCC 1 - REPORTING OF SOLICITATION OF CONTRIBUTIONS FOR PC & ECO.docx