Ord No 11-20-2365ORDINANCE NO. 11- 2 0- 2 3 6 5
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
9, Section 9-11 to prohibit the acceptance of campaign contributions in excess of
$250 from any one donor and providing for retention and production of
documents, enforcement, fines and other regulations.
WHEREAS, Section 9-11 makes it illegal to make a campaign contribution to a
candidate in a City election for an amount in excess of $250 but it does not make it illegal for a
candidate to accept an excessive contribution; and
WHEREAS, section 9-11 states:
Sec. 9-11. - Campaign contributions.
No person, committee, corporation, or other entity shall make contributions to any
candidate or political committee for any commission seat in the city in excess of two
hundred fifty dollars ($250.00) per candidate. (Ord. No. 1475, § 1, 4-16-91)
WHEREAS, the City desires to amend Section 9-11 of Chapter 9 of the City of South
Miami's Code of Ordinances to make it illegal to make or accept a campaign contribution in
excess of $250 and providing for retention and production of documents, enforcement, fines and
other regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 9, Section 9-11 of the City of South Miami's Land Development
Code [are/is] hereby amended and shall read as follows:
Sec. 9-11. - Campaign contributions.
No person, including a committee, corporation, or other entity shall make campaign
contributions ' that
exceed two hundred fifty dollars ($250.00) to any candidates s
and for an election to a seat on the City Commission, fer AM 9 A9 Ft seat in
sfty-and no such candidate or candidate's campaign treasurer, shall knowingly accept
such a contribution. Upon realizing or being notified of a violation of this Section,
the candidate, or the candidate's treasurer, must return the amount of the illegal
contribution to the contributor within 30 days and in no event may it be used by the
candidate. It shall be a rebuttable presumption that the amount of the illegal
contribution has been used if at any point in time, after receiving the contribution,
the balance in the campaign account, after subtracting the illegal amount, is less than
zero. All candidates who receive contributions concerning an election to a seat on
the City Commission shall preserve all campaign finance records, including copies
Page 1 of 3
Ordinance No. 11-20-2365
of all written correspondence, checks received, deposit slips and all bank statements,
for six (6) years following the election for which the contribution was received and
shall produce them upon the written request of a City Code Enforcement officer, the
City Manager, the Deputy City Manager, the City Attorney or the City Clerk. A
violation of any of the provisions of this Section, including the failure to maintain or
the failure to produce the campaign finance records in accordance with this Section,
is a civil infraction punishable by a fine of $250 for each violation which must be
paid within 20 days of receipt of the civil citation or notice of infraction, or 35 days
of date of mailing of the civil citation or notice of infraction. If the fine is not paid
within the time required or if a citation is contested, the minimum fine shall be $250
and the maximum fine may not exceed $500. If the accused person is found to be in
violation by the City's Special Master or by the Court, the violator shall also pay all
investigative expenses of the City and all administrative and court costs. The
amount of the fines and administrative costs may be revised by the City and
published in the City's Schedule of Fees and Fines.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance, other than Subsection (B)
shall become and be made part of the City Code of Ordinances as amended; that the sections of
this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 19's day of May, 2020.
ATTEST: APPROVED: _
OW VL 91�
CITY LERK YOR
I" Reading - 05/05/2020
2nd Reading - 05/19/2020
Page 2 of 3
Ordinance No. T1-20-2365
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE: 3-1
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Nay
Commissioner Gil:
Absent
Page 3 of 3
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: May 19, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
ftem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibit the
acceptance of campaign contributions in excess of $250 from any one donor and providing for retention and
production of documents, enforcement, fines and other regulations. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord._Amending_9-11RevisedCArev.doc
Ord._Amending_9-11RevisedCArev (2).doc
MDBR Ad.pdf
Miami Herald Ad.pdf
I ORDINANCE NO.
3 An Ordinance amending the City of South Miami Code of Ordinances, Chapter
4 9, Section 9-11 to prohibit the acceptance of campaign contributions in excess of
5 $250 from any one donor and providing for retention and production of
6 documents, enforcement, fines and other regulations.
7
8 WHEREAS, Section 9-11 makes it illegal to make a campaign contribution to a
9 candidate in a City election for an amount in excess of $250 but it does not make it illegal for a
10 candidate to accept an excessive contribution; and
11
12 WHEREAS, section 9-11 states:
13
14 Sec. 9-11. - Campaign contributions.
15 No person, committee, corporation, or other entity shall make contributions to any
16 candidate or political committee for any commission seat in the city in excess of two
17 hundred fifty dollars ($250.00) per candidate. (Ord. No. 1475, § 1, 4-16-91)
18
19 WHEREAS, the City desires to amend Section 9-11 of Chapter 9 of the City of South
20 Miami's Code of Ordinances to make it illegal to make or accept a campaign contribution in
21 excess of $250 and providing for retention and production of documents, enforcement, fines and
22 other regulations.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
28 fully set forth herein and as the legislative intent of this Ordinance.
29
30 Section 2. Chapter 9, Section 9-11 of the City of South Miami's Land Development
31 Code [are/is] hereby amended and shall read as follows:
32
33 Sec. 9-11. - Campaign contributions.
34 (A), No person, including a committee, corporation, or other entity�sha# may make a
35 campaign contributions in exeAss Aftiye hundred fif , dollars ($250.00) pe_
36 candidate that exceed two hundred fifty dollars ($250.00) to any candidate
37 p and concerning an election to a seat on the City Commission,
38 c r any ,.,.inmiiss-i -A- "eKati. and no such candidate or candidate's campaign
39 treasurer, shall may knowingly accent such a contribution. Upon realizing or being
40 notified of a violation of this Section, the candidate, or the candidate's treasurer,
41 must return the amount of the illegal contribution to the contributor within 30 days
42 and in no event may it be used by the candidate. It shall will be a rebuttable
43 presumption that the amount of the illegal contribution has been used if at any point
44 in time, after receiving the contribution, the balance in the campaign account, after
45 subtracting the illegal amount, is less than zero. All candidates who receive
46 contributions concerning an election to a seat on the City Commission shall must
5
Pagel of 3
I preserve all campaign finance records, including copies of all written
2 correspondence, checks received, deposit slips and all bank statements, for six (6)
3 years following the election for which the contribution was received and -shall must
4 produce them upon the written request of a City Code Enforcement officer, the City
5 Manager, the Deputy City Manager, the City Attorney or the City Clerk. A violation
6 of any of the provisions of this Section, including the failure to maintain or the
7 failure to produce the camnaign finance records in accordance with this Section, is a
8 civil infraction punishable by a fine of $250 for each violation which must be paid
9 within 20 days of receipt of the civil citation or notice of infraction, or 35 days from
10 the date of mailing of the civil citation or notice of infraction. If the fine is not paid
I 1 within the time required or if a citation is contested, the minimum fine shall is be
12 $250 and the maximum fine may not exceed $500. If the accused person is found to
13 be in violation by the City's Special Master or by the Court, the violator shall must
14 also pay all investigative expenses of the City and all administrative and court costs.
15 The amount of the fines and administrative costs may be revised by the City and
16 published in the City's Schedule of Fees and Fines.
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Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 4. Codification. The provisions of this ordinance, other than Subsection (B)
shall become and be made part of the City Code of Ordinances as amended; that the sections of
this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this day of 2020.
ATTEST: APPROVED:
CITY CLERK MAYOR
I' Reading
2"d Reading
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
Page 2 of 3
1
2
3
4
5
6
7
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Mayor Philips:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
7
Page 3 of 3
MIAMI DAILY BUSINESS REVIEW
PWhed Daly except Saturday, Sunday and
L"W Holidays
Miami, MI=Wade County, Florida
STATE OF FLORIDA
COUNTY OF MIARWDADE:
Before the undersigned authority personalty appeared
GUILLERMO GARCIA, who on oath says that he or she Is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review fide Miami Review, a dally (except
Saturday. Sunday and Legal Holidays) newspaper,
published at Miami In Mlarni-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice In the matter of
CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY
COMMISSION - MAY 19. 2020
in the XXXX Court,
was Published In sell newspaper In the issues of ACHED
05M8=0 SEE
Aff
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Mlami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office In Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication -of the attached
copy of advertisement: and aftient further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication In the said
newspaper.
Sworn subscribed before me this
8 dayAk MAY. A.D. 2Q
• v
(SEAL)
GUILLERMO GARCIA personally known to me
.....
2022
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1927
�ORiDP °
CITY OF Sy FLORIDA
UTH
AMI
NOTICE TO THE PUBL COOF T EIVIRTUAL MEETING OF THE
CITY COMMISSION
In accordance will with City of South Miami Code, Chapter 286.077, Fla. Stet, and
the City will a h :00 p. its City Commission Meeting VIRTUALLY The meeting is scheduled to begin on Tuesday
May 19, 2020 at 7:00 m. Executive Order Number 20-69,
P to consider the following public hearing items:
A Resolution authorizingInsurance
the City Manager to negotiate and enter into a multi -year contract with Brown &
Brown Insurance for nsurance Brokerage Services.
A Resolution of the Mayor and City Commission of the City of Scuth
Manager to execute email' -year inter -local agreement with Miami -Dade County, Police department, for School CrossingMiami, Florida, authorizing the City
Guard Services.° and the Miami -Dade
A Resolution relating to the review and adoption of the M(ami-Dade Local Mitigation Strategy.
A Resolution relatingto Si
al Use application to permit a Community Garden use at 7311 SW 82nd
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section
the acceptance of campaign contributions in excess of $250 from an
retention and production of documents, emorcement, fines and other regulations. 9 71 to Prohibit
y one donor and to
for
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINIS
AND CITY GOVERNMENT", Article III filled "BOARDS AND COMMITTEES",
mandatory board." to add subsection (cl Use of City TRATION
ty Property Section. 2-21. tilled 'Appointrnents;
An Ordinance amendingP rtyorservices.
y Of
20-4.4 Off-street parking r qui0rements and Miami Land Development Code, Chapter 20, Article IV, An Ordinance amending the C Article VIII, Section 20-8.8 Parking, Section
Sections 20.7.6 - Parkin City of South Miami Land Development Code, Chapter 20,
20-8.8 - parking. 9 -T02. - Pevnitted and special uses and parkin 20- . P Article VII,
9, B 5 -Commercial use, and
An Ordinance amending Chapter 20, Article II, Section 20-2,3, "Definitions" to add
related deand related regulations,
finitions, Article ry, Sections 20-4.9 tithed "Reserved" to create a new category
outh
the ed definitions
Article and t Code of Onrdinanlcles, all to consolidate, add to and to clarify affordable housing
ctions 20-8,2, 20-8.4, 20-8.8, and 20- 9 an titled "Affordable
related definitons and to, anion ongs, &70 and Section 7-3.2 of
it relates to impact fees and development bonusesrowde additional requirements for affordable housing as
A3
Miami - Vtrhvl Me -ding of 4hc
G-�y commission
NOTE. Locatloaap applies to all items below
73RD ST -
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An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive
Plan Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development
District (rODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SIN 73rd Street and
7331 SIN 59th Avenue and as legally described herein.
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land
Development Code modifying Article Il, Sections 20.3.1(A) and (B) and 2M.3(D), Article VII, Section 2D-7.2, and
Article Vill, Sections 20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented
Development District Mixed -Use Market (rODD MU-M). -
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment
to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented
Development District Mixed -Use Market (rODD-MU-M) on a 1.9-acre property known as the Winn -Dixie
site located at 5860 SIN 73rd Street and 7331 SIN 599r Avenue and as legally described herein.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will
parficipate by video conferencing through the Zoom platform and members of the public may join the meeting via
Zoom at httsV/zoom,u_slV3056636398) and participate. If you desire to present evidence or you are unable to
use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen
and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted
at City Heft and at httpt/www.wighmimifl.qg-v/58D/Pubrlq--Meetings-Notices Anyone who wishes to review pending
application and supporting documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section
166.045, Re. Stat., that a quorum to be present in person, and that a local government body meet at a specific
public place. The Executive Order also allows local government bodies to utilize communications media
technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board,
Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the
proceedings will be required for said appeal and such person will be required to have a verbatim transcript o1 the
proceedings including the testimony and evidence upon which the appeal is to be based ADA., To request a
mod cation to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a
City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting
the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600
TTY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne®southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk
20-27/000D469691M
10
3�3
165E NEIGHBORS MIANH nr m mm
SUNDRY MAY
10202
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be
holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, May 19, 2020 at 7:00 p.m. to
conside- the following public hearing items:
A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance
for Insurance Brokerage Services.
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to
execute a multi -year inter -local agreement with Miami -Dade County, and the Miami -Dade Police department, for School
Crossing Guard Services."
A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy.
A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue and
7340 SW 61st Court.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibit the acceptance
of campaign contributions in excess of $250 from any one donor and providing for retention and production of documents,
enforcement, fines and other regulations.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY
GOVERMMENT", Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments; mandatory board."
to add subsection (c) Use of City property or services.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4
Off-street parking requirements and Article VIII, Section 20-8.8 Parking.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VII, Sections 20-7.6 - Parking,
20-7.12 - Permitted and special uses and parking, 20-8.5 - Commercial use, and 20-8.8 - Parking.
An Ordinance amending Chapter 20, Article II, Section 20.2.3, "Definitions" to add Affordable Housing related definitions,
Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations,
Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances,
all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide 11
additional requirements for affordable housing as it relates to impact fees and development bonuses.
SUNDRY MY tD 1020 NEIGHBORS 17SE
YnR11NERAlD.001A
An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan
Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a
1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally
described herein.
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development
Code modifying Article II, Sections 20-3.1(A) and (B) and 20-3.3(D), Article VII, Section 20-7.2, and Article Vill, Sections
20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use
Market (TODD MU-M).
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of
South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use
Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW
59th Avenue and as legally described herein.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate
by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at
(h_ttps://zoom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom,
there are procedures to follow and other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at
httD://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis'a Executive Order Number 2M9 suspended the requirements of Section 166.045. Fla. Slat., that a quorum to be present in person, and that a
local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and
video conferencing such As zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 281 a person who decides to appeal any decision made by
a spend. Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice
or procedure or to request an auxiliary aide or service in order to participate In a City program, activity or event, you must on or before 4M p.m. 3 business days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305722-8686 (voice) or 305-442-1600 (TTYrrDD) or by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayneltsouthmiemifl.gov.
Nkenga A. Payne, CMC 12
City Clerk