_BbAgenda Item No:Bb.
City Commission Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 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. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord. Amending 9-11.doc
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ORDINANCE NO. __________________1
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An Ordinance amending the City of South Miami Code of Ordinances, Chapter 3
9, Section 9-11 to make it illegal to make or accept a campaign contribution in 4
excess of $250 and providing for retention and production of documents,5
enforcement, fines and other regulations.6
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WHEREAS, Section 9-11 makes it illegal to make a campaign contribution to a 8
candidate in a City election for an amount in excess of $250 but it does not make it illegal for a 9
candidate to accept an excessive contribution; and 10
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WHEREAS, section 9-11 states:12
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Sec. 9-11. - Campaign contributions. 14
No person, committee, corporation, or other entity shall make contributions to any 15
candidate or political committee for any commission seat in the city in excess of two16
hundred fifty dollars ($250.00) per candidate. (Ord. No. 1475, § 1, 4-16-91) 17
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WHEREAS, the City desires to amend Section 9-11 of Chapter 9 of the City of South 19
Miami’s Code of Ordinances to make it illegal to make or accept a campaign contribution in 20
excess of $250 and providing for retention and production of documents, enforcement, fines and 21
other regulations.22
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:25
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Section 1.The foregoing recitals are hereby ratified and incorporated by reference as if 27
fully set forth herein and as the legislative intent of this Ordinance.28
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Section 2.Chapter 9, Section 9-11 of the City of South Miami’s Land Development30
Code [are/is] hereby amended and shall read as follows:31
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Sec. 9-11. - Campaign contributions. 33
(A) No person, including committees, corporations, or other entityies, shall make 34
contributions that exceed two hundred fifty dollars ($250.00) to any candidate, or 35
political committee, and concerning an election to a seat on the City Commission,36
for any commission seat in the city and no such candidate, candidates campaign37
treasurer, chairperson of a political committee or the committee’s treasurer shall38
knowingly accept such a contribution. Upon realizing or being notified of a39
violation of this Section, the candidate, candidate’s treasurer, chairperson of a40
political committee, the committee’s treasurer and the person who receives or41
account for receiving the illegal contribution on behalf of a political committee, must42
return the amount of the illegal contribution to the contributor within 30 days and in43
no event may it be used by the candidate or political committee. It shall be a44
rebuttable presumption that the amount of the illegal contribution has been used if45
the balance in the campaign or committee account, after subtracting the illegal46
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amount, is less than zero. All candidate and political committees who receive1
contributions concerning an election to a seat on the City Commission shall preserve2
all campaign finance records, including copies of all written correspondence, checks3
received, deposit slips and all bank statements, for six (6) years following the4
election for which the contribution was received and shall produce them upon the5
written request of a City Code Enforcement officer, the City Manager, the Deputy6
City Manager, the City Attorney or the City Clerk. A violation of any of the7
provisions of this Section, including the failure to maintain or the failure to produce8
the campaign finance records in accordance with this Section, is a civil infraction9
punishable by a fine of $250 for each violation which must be paid within 20 days of10
hand delivery, or 35 days of date of mailing (Timely Paid), of a civil citation or11
notice of infraction. If the fine is not Timely Paid or if a citation is contested, the12
minimum fine shall be $250 and the maximum fine may not exceed $500, and the13
violator shall also pay all investigative and other administrative costs incurred by the14
City and the County Court. The amount of the fines and administrative costs may be15
revised by the City and published in the City’s Schedule of Fees and Fines. in 16
excess of two hundred fifty dollars ($250.00) per candidate. 17
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(B)If any section, clause, sentence, or phrase of this Section is for any reason held 19
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 20
affect the validity of the remaining portions of this Section. 21
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Section 3. Corrections.Conforming language or technical scrivener-type corrections 23
may be made by the City Attorney for any conforming amendments to be incorporated into the 24
final ordinance for signature.25
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Section 4. Codification.The provisions of this ordinance shall become and be made 27
part of the City of South Miami Land Development Code as amended; that the sections of this 28
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 29
“ordinance” may be changed to “section” or other appropriate word.30
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Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 32
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 33
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Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is 35
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 36
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted 37
hereunder. 38
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Section 7.Effective Date.This ordinance shall become effective upon enactment.40
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PASSED AND ENACTED this ____ day of _____________, 2020.42
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ATTEST:APPROVED:44
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CITY CLERK MAYOR1
1st Reading 2
2nd Reading 3
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:5
LANGUAGE, LEGALITY AND Mayor Stoddard:6
EXECUTION THEREOF Vice Mayor Harris:7
Commissioner Welsh:8
Commissioner Liebman:9
_______________________Commissioner Gil:10
CITY ATTORNEY11
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