Res. No. 015-99-10640•1
1 RESOLUTION NO.15-99-10640
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4A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI,FLORIDA,RELATING TO ELECTION;
6 ESTABLISHING AN AD-HOC CAMPAIGN REFORM COMMITTEE;
7 PROVIDING FOR APPOINTMENT;TERMOF OFFICE;DUTIES;AND
8 PROVIDING FOR AN EFFECTIVE DATE.
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11 WHEREAS,inanefforttofostercommunityrelationsand
12 bring the total community together by being inclusive to anyone
13 desiring torunfor public office theCity Commission wishto
14 addresstheissueofcampaignfinancinglimitations;and
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16 WHEREAS,theCityofSouthMiamilimits individual campaign
17 contributions upto $250.00 per person,corporate and
18 unincorporated associations;and
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20 WHEREAS,theMiami-DadeCountyonDecember 15,1998adopted
21 Ordinance No.98-183 which prohibited certain campaign
22 contributions or expenditures by National and State Banks,
23 CorporationsorUnincorporatedAssociations;and
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25 WHEREAS,itis the City Commission's desire to establish an
26 ad-hoc Campaign Reform Committee with duties to include but not
27 limitedto:1)reviewofChapter106oftheStateStatutes
28 entitled Campaign Financing;2)solicit information fromother
29 municipalities asit relates to campaign financing;3)Provide
30 theCityCommissionwithafindingandrecommendationfor
31 campaign reformbyApril 20,1999 CityCommission meeting;and
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33 WHEREAS,compositionofAdHoc Campaign ReformCommittee
34 shall consistoffive (5)individuals whoare registered voter
in Miami-Dade County.Candidates must have general knowledge of
Chapter106oftheFloridaStatuesregardingcampaign financing;
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WHEREAS,thisCommitteeshallexpireuponthecompletionof
its task April 21,1999 or until such time as extended bya
41 majorityvoteoftheCityCommission.
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43 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
44 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
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46 Section 1.Thereishereby established anAdHoc
47 Campaign Financing Reform Committee,with composition consisting
48 offive (5)memberswhoareregisteredvotersinMiami-Dade
49 CountyandhavegeneralknowledgeofFloridaStatutesChapter106
50 regarding Campaign financing.
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52 Section 2.The duties of this Committee shall include
53 butnotbelimitedto:Reviewing current StateStatuteson
54 CampaignFinancing;soliciting information fromother
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Resolution NO.15-99-10640 Page2
municipalities as it relates to their campaign financing
provisions;Provide findings and recommendation at the April 20,
1999 CityCommission meeting.
Section 3.
Section 4.
upon approval.
This Committeeshallexpireuponthe
completionofitstaskApril 21,1999oruntilsuchtimeas
extendedbyamajorityvoteoftheCity Commission.
Thisresolutionshalltakeeffectimmediately
PASSED AND ADOPTED this 19th day 0f January 1999.
ATTEST:
CITY CLERK £/
READ AND APPROVED AS TO FORM
CITY ATTORNEY '
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Russell:
Commissioner Feliu:
Commissioner Bethel:
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission DATE:1 /15/99
['yj AGENDA ITEM #I
<JW Comm.Mtg.1/19/99FROM:Charles D.Scurr /'{/U J*^Comm.Mtg.1/19/99
City Manager Jtf*^Establishing Ad-Hoc
Campaign Committee
The attached resolution sponsored by Commissioner Horace G.Feliu
establishes an Ad-Hoc Campaign Reform Committee which duties shall include
but not be limited to:1)review of Chapter 106 of the State Statutes entitled
Campaign Financing;2)solicit informationfrom other municipalities as it relates
tocampaign financing;3)providetheCityCommissionwitha finding and
recommendation for campaign reform at the April20,1999 City Commission
meeting.
In an effort to foster community relationsandbring the total community
together Commissioner Feliu wanted to make sure that the election process
was inclusive for anyone desiring to runfor public office and that no one should
be discouraged because of campaign financing.
This Ad-Hoc Campaign Reform Committee shall consist of five(5)members who
are registered voters inMiami-Dade County.This Committee shall expire April
21,1999.
Approved .Mayor AfM*nda iTrm Nn 5 (E )
Veto 12-15-98
Override
98*183
ORDNANCE NO.
and
ORDINANCERELATINGTOCAMPAIGN FINANCING
PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS OR
EXPENDITURES BY NATIONAL AND STATE BANKS
CORPORATIONS OR UNINCORPORATED ASSOCIATIONS
PROVIDING SEVERABILITY,INCLUSION INTHE CODE
AND AN EFFECTIVE DATE
WHEREAS,Florida law limits individual campaign contributions to $500.00 per person;
WHEREAS,Florida law currently allows corporate and unincorporated association
contributions upto$500.00;and
WHEREAS,Federal and state laws prohibit corporations and banks from making
contributions or expenditures in connection withthe election of certaincandidatesunlessthe
expenditures are voluntarily made toa separate segregated fund that is deemed a political
committee;and
WHEREAS,the Miami-Dade County Board of County Commissioners is empowered to
regulate campaign contributions to and expenditures on behalf of candidates for the Office of
Mayor of Miami-Dade County,the Miami-Dade Board of County Commissioners,Miami-Dade
Community Councils and the Miami-Dade County Fire and Rescue Services District Board;and
WHEREAS,the Commission finds that campaign contributions generated by
corporations and unincorporated associations are having a disproportionate impact vis-a-vis
contributions from individuals.This creates an environment in which (1)public officials may be
influenced by special interests to the detriment of the public interest,and (2)the public has the
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Agenda Item No.5(B)
Page2
perception that elected officials are being influenced by special interests to the detriment of the
publicinterest;and
WHEREAS,the Commission finds that campaign contribution and expenditure
limitations are being circumvented by the creation of shell corporations;and
WHEREAS,the Commission intends that the provisions of this ordinance will prevent
the abuses associated with corporate,national and state bank,and unincorporated association
campaign contributions and expenditures,
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERSOF MIAMI-DADE COUNTY,FLORIDA:
gepjion 1,Contributions or expenditures by national or state banks,
corporations or unincorporated associations.
(1)It is unlawful for any national or state bank,or any corporation
incorporated under the laws of the State of Florida or any other state or any foreign country or
any unincorporated association to make a contribution or expenditure,as defined in Chapter 106,
Florida Statutes,in connection with the election of any candidate in Miami-Dade County.
Furthermore,it shall be unlawful for any candidate,political committee,or other,person to
knowingly accept or receive any contribution prohibited by this section,or for any officer or any
director of any corporation,bank,or any unincorporated association to consent to any
contributions or.expenditures by a corporation,bank or unincorporated association prohibited fay
this section.As used herein:(a)"candidate"means a candidate for the office of Mayor of
Miami-Dade County,the Miami-Dade County Board of County Commissioners,Miami-Dade
County Community Councils and the Miami-Dade County Fire and Rescue Services District
J.IOR0I4M4N-
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Agenda Item No.5(B)
Page3
Board;and (b)"unincorporated association"means apartnership or any other legal entity other
than a natural person or corporation.
(2)No provision of this ordinance shall be deemed to prohibit a loan of
money by a national or state bank made in accordance with the applicable banking laws and
regulations in the ordinary course of business;however,any such loan shall be included in the
reports filed by the candidates and political committees.No provision of this ordinance shall be
deemed to prohibit the receipt of interest or dividends on investments where the interest or
dividends are received in accordance with the applicable banking laws and in the ordinary course
of business.Any such interest and dividends shall be included in the financial records
maintained by the candidate and political committees and reports where appropriate under the
filing requirements ofthis action.
(3)No provision of this ordinance shall be deemed to prohibit direct private
communications by acorporatior,to its stockholders and their families or by an unincorporated
association to its members and their families on any subject;nonpartisan registration and get-out
vote campaigns by a corporation aimed at stockholders and their families or by an
unincorporated association aimed at its members and their families;and the establishment,and
administration by a corporation or an unincorporated association ofa separate segregated fund
which fund is to be created by voluntary individual contributions,including those solicited by the
corporation or umncorporated association and to be utilized for political purposes,provided that
any such separate segregated fund shall be deemed to be a political committee for purposes of
this ordinance and must comply with the requirements of Chapter 106,Florida Statutes,
regardless ofthe level of expenditures or contributions.
J WR0LTW **•
Agenda Item No.5(B)
Page4
Section 2.Penalties.In addition to any other penalties which may be applicable,any
person who violates this ordinance shall be punishable by a fine up to $5,000 or imprisonment
notto exceed three hundred and sixty-four days,or both.
Section 3,If any section,subsection,sentence,clause or provision of this ordinance
is held invalid,the remainder ofthis ordinance shall not be affected by such invalidity.
Section 4T It is the intention ofthe Board of County Commissioners,and it is hereby
ordained that the provisions of this ordinance,including any sunset provision,shall become and
be made a part ofthe Code ofMiami-Dade County,Florida.The sections ofthis ordinance may
be renumbered or relettered to accomplish such intention,and the word "ordinance"may be
changed to "section,""article,"or other appropriate word.
Section S.This ordinance shall become effective ten (10)days after the date of
enactment unless vetoed by the Mayor,and if vetoed,shall become effective only upon an
overridebythisBoard.
Section 6.This ordinance does not contain a sunset provision;
PASSED AND ADOPTED:DEC 1 5 1996
ApprovedbyCountyAttorneyas
to form and legal sufficiency:fac
Prepared by:G^*>
Sponsored by Commissioner Jimmy L.Morales
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