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Home My WebLink AboutO-2001-013 ORDINANCE NO. 2001-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO CAMPAIGN FINANCING; LIMITING TO $250.00 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES GIVEN BY INDIVIDUALS AND POLITICAL COMMITTEES TO CANDIDATES FOR THE OFFICES OF CITY COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Florida law limits individual campaign contributions to five hundred dollars ($500.00) per person and per"political committee" per candidate; and WHEREAS, concern has been expressed that large contributions have a disproportionate impact on the election of candidates to the offices of City Commissioners; 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 also 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, the provisions of this Ordinance will help to eliminate the appearance of and potential for undue and unfair influence upon elected municipal officials; and WHEREAS, the City Commission believes that the provisions of this Ordinance will help to alleviate the foregoing 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 CITY COMMISSION OF THE CITY OF DANIA BEACH, 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 defined in Chapter 106, Florida Statutes,to make a Contribution or Expenditure in excess of Two Hundred and 00/100 dollars ($250.00) directly, indirectly or -1- ORDINANCE NO. 2001-013 through a political committee, to any candidate for election to the office of City Commissioner. 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, any primary election and a general election are separate elections so long as the candidate is not an unopposed candidate as defined in section 106.011(15), Florida Statutes, as amended or supplemented. Section 4. Penalties. Any individual who violates this ordinance shall be subject to the penalties elsewhere prescribed in the City Code of Ordinances which are applicable to a violation of a municipal ordinance. 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. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. PASSED AND ADOPTED on first reading on this 10th day of April, 2001. PASSED AND ADOPTED on second reading on this 24th day of April, 2001. MAYOR - COMMISSION R ATTEST: ROLL CALL: COMMISSIONER BERTINO-NO COMMISSIONER McELYEA-YES COMMISSIONER-MIKES-YES `ACTING 61TY CLERK' VICE-MAYOR CHUNN-YES MAYOR FLURY-YES APPROVED AS T FO}RM AND CORRECTNESS: n V' BY: '�l C TY TTORNEY -2- ORDINANCE NO. 2001-013 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners Jason Nunemaker, Acting City Manager cc: Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: April 5, 2001 RE: Proposed Campaign Contribution Limitation Ordinance Attached is a previous legal opinion issued to Commissioner Mikes on August 31, 2000 regarding the proposed campaign contribution limitation ordinance. The conclusion in it ® remains unchanged. Commissioner Mikes has asked that the ordinance be submitted to this j Commission for review and approval. i TJA:slw Attachment i Ili t a 7 • CITY OF DANIA BEACH MEMORANDUM TO: The Honorable Bob Mikes, City Commissioner FROM: Thomas J. Ansbro, City Attorney DATE: August 31, 2000 RE: Proposed Campaign Contribution Limitation Ordinance 1 Attached is a draft of the ordinance you requested. It is patterned after Miami-Dade County Ordinance No. 00-52, adopted May 9, 2000. The materials previously furnished to you directly pertain to this matter, i.e., there is still some question as to whether or not Chapter 106, Florida Statutes, preempts municipal regulation of this matter. You will recall that the 1974 Florida Attorney General Opinion (AGO 74-263) and the Sarasota County Circuit Court decision in Claravella v. Sarasota County are in conflict as to whether a municipality is preempted from adopting a more stringent campaign contribution limitation law than the state's statutory $500.00 limit. TJA:Idc A Attachment j 1 SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY FLORI s h BOCA RATON, PALM BEACH COUNTY, FLORID -' NOTICE pF HERIH ® BEFORE CITY COMMISSION CITYtOF DANI BEACH; MIAMI, MIAMI DADE COUNTY, FLORIDA FLORIDA',TIN OFTHENFOLLOWING`PROPOSE ,ognp NANCES n -ra NOTICE IS HEREBY GIVEN N that the the Crty Commiss on'oi STATE OF FLORIDA -Ciity of Dania Beach!Florida bn Apnl 24 2001 'at heo ;m:or as soonthereafteras gthe matter meye COUNTY OF BR9WARD(P M BEACH/MIAMI DADE mission loom o the Danfa�Bea hing fnHha'I;CItty:c6 s BEFOREZTH 'ND I D AUTHORITY, PERSONALLY APPEARED �de the proposed Adop;onnof the to lowing ordr c�, es entitled -y- WHO, ON OATH,SAYS THAT AN 'ORDINANCE OF-THE CITY JOFwDANI 14z. CH; 7DEPTMENT A ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED FLORIDA PERTAINING,TO CHAPTER 17 sni t}x�rr OF,TyyE CITY CODE OF-ORDINANCES-WHICH.GHAP? OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TER IS`ENTITLED OFFENSES �;�wI1S�ELLANEOUSP; BY.:AMENDING'iXbDE',:,SECTION 17 126 i4ENTITL`ED ARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,THAT THE ABATEMENT BES, OF OARD LTO INCR A3E THEM IS N E ATTACHED COPY OF ADVERTISEMENT, BEING A: CUMULATIVE F R{P.UBUQ'i. TION BASEQ ON A NUINSANCREpAELMi41TED RO PTO EN Notice NOPERTY,PROVIDINGIF,ORZ ENDMERtS7b'THE ISANCE,ABATEMENTt"ORDINANCEbTO.,iBRING-IT NTO_CONFpRMITYWIT,H`RECEN 'MENDMENT,,S;TO' HECC99AAP.PL CABLE STATE�..LL°{AW NPROYIDING iFOR IN THE MATTER OF: CONFLICTS *�PR0VIDING:^FORtbEVERANCE"FUfj= THER;:PROVIDING F0 WAN,EFFECTIVE DATE chapter 17 rER%'�iPROVIDINGXFOR4BEV �a�NPERTAIN NGnTOy�AMPAIGr+A 4'°= B G 1, TTIION$P-ANDj�EX ENDI7'1JRF;CGIVEN BX,NOD; ; IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE FORTHE oFFCESC�oFNbCI•T GSMISSIONI= ISSUES OF: RABI II ?PROVIDING FOR CONFLICTS„.UQ ER P D DtNfs RAN° FECHVEDgA� TE r a A ORDIN''NCE°OFyTH CI t C r 4/13 1X FITQRIDq PERTAINING TO CHAPTER ( C OFt EZdITYCODE'0 RDINANCES 7 A AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPA TLEo r Ro ERTYDSTANDARDS BY CREAT sE�'- TIONFP,g4:TO,BE ENTLTLED ,LIEN SAND�" �REGLO= PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO SURE...AUTHORIZING THE.TY}TO RECORD�ACtJO- AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUO 6TRU TORE CIEND�LACED ON P°Ro ERT Y FORSyAF PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO �TIONSiOFGHAP ERsQ, BIQF1lHE'CITYGODE'ESTAB'-' EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT T LIDINGdF RI CONE ICTS`REMOLITION.##LIEPI! EEO= • VIDING�FOR>iCONFLICT.S�•t1PROVIDINGx6�R'S�EVER= ANCE,1�FU THER V-PROV.tUIN :iF RAN EFFECTIVE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLO DA7E �t; g) y FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATIO A ORD NANCEt!OF THECITYk FDdNIq BEACH; FLORIDA*PERTAINING TO�=TTHE,SUBJECTI a ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS T OFffEMWORARYitSIGNs AMENDINGfiCHAPTER,28 HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON,FIRM, OR THE IO 1228{20,;O BEA H FLOR DATO ASTAEL OP CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND F. IgN`� TEMuoRARY��,peO VITICAL S GNS OFOU GHTkR) PURPOSE OF SECURING THIS DVERTISEMENT FOR PUBLICATION IN sctuA FEETdP..ROVIDING� ORt O�JF ICTSy'PRO- NEWSPAPE VIDING FbR15.�EVERANCE FORT P _OVIDIN 1 OR ANtE�ECT VE'D& y ,Yc4 * r.3.i.kL351P�. H� y' a .t ese ropase Ordinances eon Ileln the �, ds veerart ep meritCfty .alty100 _ Danla'8each'8ou1 vardrnla,geach, DrIdaff (SIG TU F AFFIANT) r}' " a .u s d he ubl�tti.tiul ing orma) ; eresidpprtiesmayiap ary t t ee oresal meetln SWORN TO AND SUBSCRIBED BEFORE ME d beaeard,vglthiespec,tolthe p oposedvA y person O�ttecliiesto7appeal�aityy{declslon.made)by�rthetClty On); A.D. Commisslo wlth7res ectt�,,,to any matter consldered:at this hearing will nee�arrbcord 0f.11 a proceedingsyand 13—Ap,Xi , 2001 toF,-t3tr�h; urpas�;r�ay�-�e�altd�,6rid AlhavplVerb Urn �7r`"' trebor .sb a the s roceedIn's s made which r�ecor& cludesithe4estomony s�o�evlde ce�rrpo IChsthe a Peartb"b based In ccprdan e,yvlt he A er,can with I '6I Itlea (SI NA URE OF NOTARYPUBLIC np �gg��ppaa 1� s�_ y ; , ) @ AOs'f)egdllutu d caontBct Sfiery1 Chaps and .01epu to, a4sp proceeding us ?'' `� Tara ,)� C YSClerk OOIWest Dania each Bouleva d *Dania MY COMMI Beat dorl tt 330U4 95 )824-3 2 at f9&8ht10?tt SSION N CC638935 EXPIRES P o e', eetill ES o „off, July 20,2001 % f¢Otiarlerie JohnnSan EONOEO TH $ RU TRpy FAIN INSURANCE,INC. Deputyy;Clty Clerk?` ' April l8,'Wi �• , (NAME OF NOTARY,TYPED, PRINTED, O STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION