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ORDINANCE RELATING TO CAMPAIGN FINANCING; PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS OR EXPENDITURES BY NATIONAL AND STATE BANKS, CORPORATIONS OR UNINCORPORATED ASSOCIATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, Florida law limits individual campaign contributions to $500.00 per person; and
WHEREAS, Florida law currently allows corporate and unincorporated association contributions up to $500.00; and
WHEREAS, Federal and state laws prohibit corporations and banks from making contributions or expenditures in connection with the election of certain candidates unless the expenditures are voluntarily made to a 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 perception that elected officials are being influenced by special interests to the detriment of the public interest; 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 COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 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 by 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 Board; and (b) "unincorporated association" means a partnership 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 of this action.
(3) No provision of this ordinance shall be deemed to prohibit direct private communications by a corporation 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 of a separate segregated fund which fund is to be created by voluntary individual contributions, including those solicited by the corporation or unincorporated 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 of the level of expenditures or contributions.
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 not to 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 of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the 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 of the Code of Miami-Dade County, Florida. The sections of this 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 5. 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 override by this Board.
Section 6. This ordinance does not contain a sunset provision.