Ord. No. 27-99-1701ORDINANCE NO. 27-99 -1701
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION
CAMPAIGN FINANCING; CREATING A NEW PARAGRAPH 8A -1(p)
OF THE CITY CODE OF ORDINANCES, ENTITLED "PROHIBITED
CAMPAIGN CONTRIBUTIONS BY VENDORS "; PROHIBITING
CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON
BEHALF OF VENDORS TO CANDIDATES FOR MAYOR OR
COMMISSIONER OF THE CITY OF SOUTR MIAMI; PROHIBITING
CANDIDATES FROM SOLICITING OR ACCEPTING
CONTRIBUTIONS BY VENDORS OR OTHER PF,RSONS ON BEHALF
OF VENDORS; PROVIDING DEFINITIONS, FINES AND
FORFEITURE OF PROHIBITED CONTRIBUTIONS TO THE CITY'S
GENERAL REVENUE FUND; PROVIDING FOR RENUMBERING,
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
Whereas, the Mayor and City Commission of the City of South Miami recognize
that political speech and political association are fundamental rights protected by the First
Amendment of the United States Constitution; and
Whereas, the Mayor and City Commission of the City of South Miami further
recognize that persons have an absolute right to support political ideas and that the right
to support political candidates is subject to the qualified power to the City to adopt and
enforce requirements that are narrowly tailored to accomplish a legitimate, compelling
government interest; and
Whereas, Florida law limits individual campaign contributions to $500.00 per
person for any candidate and the City has further limited campaign contributions to
$250.00 per person for any candidate for elective municipal office; and
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Whereas, the Mayor and City Commission desire to protect the integrity of the
electoral process for candidates for elective municipal office in which candidates who
lack substantial personal or family wealth must depend on the financial contributions of
supporters to provide the funds necessary to conduct a successful campaign; and
Whereas, the making of campaign contributions by vendors of the City to
candidates for Mayor and Commissioner carriers a suggestion that the candidate, if
elected, might give quid pro quo favors to the vendors; and
Whereas, the granting of quid pro quo favors to vendors is improper and corrupt,
and the mere appearance of granting such favors undermines the confidence of the public
in our municipal system of representative democracy; and
Whereas, the City has compelling governmental interests in maintaining public
confidence in its elected officials and in avoiding improper influence by vendors and
public corruption; and
Whereas, this ordinance prohibits vendors from making contributions, directly and
indirectly, to candidates for elective municipal office, prohibits candidates from accepting
contributions fi-om vendors of the City, further prohibits the City from contracting with a
person for a period of six months following an election in which the person made a.
contribution to a candidate, imposes a fine against any vendor and against any other
person who, on behalf of a vendor, makes a contribution in violation of this ordinance,
imposes a fine against any candidate who accepts a contribution in violation of this
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ordinance, and requires any illegal contribution to he forfeited to the City's general
revenue fund; and
NOW, THFREFORE, BE IT ORDAINED BY TIME MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 2- 310(p) of the City of South Miami Code of Ordinances is
amended to create a new paragraph to read:
(o) Prohibited campai gn contrihutioras by ve»dors.
(1 No crson who is a vendor to the City of South Miami shall give a
campaign contribution directly, oror thrmember of the ncrson's
immediate family, or through a political actirnr committee, or through
other person, to ,a candidate, or to th.c campaign committee of a candidate,
for the offices of Mayor or Comirrissioner. No candidate, or carpaign
committee of a candidate.for the offices of_Mayor or Commissioner, shall
solicit or receive any campaign contribution from a crson who is a vendor
to the City, or through a member of the person's immediate family, or
through a political action committee or through any other person on behalf
of the person. This prohibition applies to natural persons and to persons
who hold a controlling financial interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
prohibition. Each act of soliciting, giving or receiving a contribution in
violation of this paragraph shall constitute a separate violation. All
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contributions received by a candidate in violation of this paragraph shall be
forfeited to the City's general revenue fund.
3 A Orson who directly, or through a member of the erson's immediate
family, or through a political action comanittee or through any other person
makes a. contribution to a candidate who is elected to the office of Mayor or
Commissioner shall be disqualified for a period of b months followin the
swearing in of the elected official from transacting business with the City,
This prohibition ou transactin business with the C`i _may be waived" only
in the manner provide in section 8A-
(3) As used in this paragraph,
A "vendor" is a person who transacts business with the Ci , or has
been approved by the City Commission to transact business with the
City, or is listed on the City Manager's approved vendor list.
(b) A "contribution" is:
(a1_ a gift, subscription, conveyance deposit, loan, payment or
distribution of money or anything of value, including
contributions in kind haves attributable monetary value.
(i.i) A transfer of funds between Doliticall committees, between
committees of continuous existence, or between a political
committee and a committee of continuous existence.
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(iii) thenent, by any person other than a candidate or political
committee, of compensation for the personal services of
another person which are rendered to a candidate or . olitical
committee without charge to the candidate or committee for
such services.
(iv) The transfer° of funds by a campaign treasurer or deputy
Sa- paiga treasurer between a primary depository and a
separate 4terest- be4ring account or carp ficate of deposit and
the term includes any interest earned on such account or
certificate.
Section 2. Existing Section 2- 310(p) of the City of Soutb Miami Code of
Ordinances shall be renumbered as Section 2- 310(q) acid subsequent sections shall also
be renumbered.
Section 3. This ordinance shalt be included in the Code of Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall take effect on Febnmy 9, 2000.
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PASSED AND ADOPTED Deceinber 21, 1999.
ATTEST:
CITY CLERK
RFAD AND APPROVED AS TO FORM
rl4TTO�R
0
APPROVED:
MAYOR
ls`Reading— November 15, 1999
2n° Reading - December 21, 1999
COMMISSION VOTE:
Mayor Robaina-
Vice Mayor Russell:
Commissioner Feliu:
Commissioner Bethel:
Cornaissioncr Bass
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LID
Yea
Yea
Yea
Yea
Not Present
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