Miami-Dade County Government In Action
Miami-Dade  Legislative Item
File Number: 001224 
File Number:  001224 File Type:  Ordinance Status: Adopted 
Version: 0  Reference:  00-52 Control: 
File Name:  CAMPAIGN FINANCING Introduced:  5/10/2000
Requester: NONE  Cost: Final Action:  5/9/2000
Agenda Date:  5/9/2000 Agenda Item Number:  4E
Notes:  THIS IS FINAL VERSION AS  ADOPTED. (also see 000894) Title:  ORDINANCE RELATING TO  CAMPAIGN FINANCING; LIMITING TO $250 CAMPAIGN CONTRIBUTIONS AND  EXPENDITURES BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES  FOR OFFICE OF MAYOR, BOARD OF COUNTY COMMISSIONERS, COMMUNITY  COUNCILS AND FIRE BOARD; PROVIDING PENALTIES, SEVERABILITY,  INCLUSION IN THE CODE, AND AN EFFECTIVE DATE 
Indexes:  CAMPAIGN  PRACTICES
Sponsors:  Jimmy L.  Morales
  Dr. Barbara M.  Carey-Shuler
Sunset Provision:  No Effective Date: Expiration Date: 
Registered Lobbyist:  None Listed 

Legislative History
Acting  Body Date Agenda  Item Action Sent  To Due  Date Returned Pass/Fail
Board of County  Commissioners 5/9/2000 4E Adopted as amended P
REPORT: The foregoing ordinance  was adopted as amended to read as follows in Section 3: ". . . or the  Miami-Dade County Fire Board.", instead of ". . . Miami-Dade County  Board." Commissioner Morales submitted for the record, a report entitled  "Campaign Finance Ordinance Evidentiary Record". Commissioner Barreiro  proposed that the foregoing ordinance be amended to limit campaign contributions to $100. Commissioner Morales stated he was not adverse to  Commissioner Barreiro's amendment, however, in looking at legal  precedents, there was no judicial discussion of an amount significantly  lower than $250. County Attorney Ginsburg advised that any amount below  $250 would go beyond the title of the ordinance. County Attorney Ginsburg  addressed the timing issue for campaign contributions. He advised the  Board that for equal protection purposes, staff was concerned that candidates running for office should be running on the same basis and  according to the same rules. In response to Commissioner Seijas Millan's  comments, Commissioner Morales stated his office was working with the  County Attorney's Office on "bundling" disclosure. Commissioner Rolle  noted the foregoing ordinance affected his ability to raise  funds.
Legislative Text

TITLE
ORDINANCE RELATING TO CAMPAIGN  FINANCING; LIMITING TO $250 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES BY  INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR OFFICE OF MAYOR,  BOARD OF COUNTY COMMISSIONERS, COMMUNITY COUNCILS AND FIRE BOARD;  PROVIDING PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE  DATE

BODY
WHEREAS, Florida law limits individual  campaign contributions to five hundred dollars ($500) per person per  candidate; and
WHEREAS, the Miami-Dade County Board of County  Commissioners (the "Board") is empowered to regulate campaign  contributions to, and expenditures on behalf of, candidates for Mayor, the  Miami-Dade County Board of County Commissioners, Community Councils and  the Fire Board; and
WHEREAS, concern has been expressed that large  contributors have a disproportionate impact on the election of candidates  for the Office of Miami-Dade County Mayor, Board of County Commissioners,  Community Councils and the Fire Board; and
WHEREAS, the United States  Supreme Court has stated that the perception of corruption is inherent in  a regime of large individual financial contributions to candidates for  public office; and
WHEREAS, the United States Supreme Court has stated  that when the perception of corruption is not addressed, the cynical  assumption that large donors unduly influence the work of government could  jeopardize the willingness of voters to take part in democratic  governance; and
WHEREAS, this Board previously prohibited campaign  contributions by business entities in order to address this concern; and 
WHEREAS, the provisions of this Ordinance will further eliminate the  appearance of, and potential for, undue and unfair influence on elected  county officials; and
WHEREAS, the Commission believes that the  provisions of this Ordinance will alleviate these factors, dispel the  misperception, and encourage qualified persons to seek elective office who  would not, or could not, otherwise do so,
NOW, THEREFORE, BE IT  ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY,  FLORIDA:
Section 1. Findings. The recitals to this Ordinance are  incorporated as findings.
Section 2. Definitions. The following terms,  as used in this Ordinance, shall mean:
a. "Contribution" shall have  the meaning ascribed to such term in Chapter 106, Florida Statutes, as  amended and supplemented.
b. "Expenditure" shall have the meaning  ascribed to such term in Chapter 106, Florida Statutes, as amended and  supplemented.
Section 3. Limitation on Contributions and Expenditures.  It is unlawful for any person or political committee, as provided in  Ordinance No. 98-183, to make a Contribution or Expenditure in excess of  two hundred and fifty dollars ($250.00), either directly, indirectly or  through a political committee, to any candidate for election to the Office  of Mayor of Miami-Dade County, Miami-Dade County Board of County  Commissioners, Miami-Dade County Community Council or the Miami-Dade  County Fire Board. Furthermore, it shall be unlawful for any candidate,  political committee, or other person to knowingly accept or receive any  campaign Contribution or Expenditure prohibited by this section. The  Contribution and Expenditure limits of this Ordinance apply to each  election. For the purposes of this Ordinance, the first primary, second  primary and general election are separate elections so long as the candidate is not an unopposed candidate as defined in section 106.011(15),  Florida Statutes.
Section 4. Penalties. In addition to any other  penalties that may be applicable, any individual who violates this Ordinance shall be subject to a fine up to five thousand dollars ($5,000)  or imprisonment not to exceed three hundred and sixty-four (364) days, or  both.
Section 5. 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 6. It is  the intention of the Board of County Commissioners, and it is 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 7. The  provisions of this Ordinance shall be applicable to all campaigns for  election to the Office of Mayor of Miami-Dade County, Miami-Dade County  Board of County Commissioners, Miami-Dade County Community Council and  Miami-Dade Fire Board; provided, however, that any election in the year  2000 is exempt.
Section 8. 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 9. This ordinance does not contain a sunset provision. 

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