HomeMy WebLinkAboutO-2021-024 Repealing Sec. 2-30 Individual Campaign Contribution Limits of Art. II of Ch. 2ORDINANCE NO. 2021-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REPEALING SECTION 2-30, ENTITLED "INDIVIDUAL
CAMPAIGN CONTRIBUTION LIMITS," OF ARTICLE 11, ENTITLED
"REQUIREMENTS FOR CITY EMPLOYMENT," OF CHAPTER 2, WHICH
CHAPTER IS ENTITLED "ADMINISTRATION" OF THE CITY CODE OF
ORDINANCES, DUE TO PREEMPTION BY THE STATE OF FLORIDA OF
THE CITY'S MONETARY LIMITATIONS ON CAMPAIGN
CONTRIBUTIONS AND CAMPAIGN CONTRIBUTORS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 2001, the City of Dania Beach adopted Ordinance 2001-013, pertaining
to campaign financing, limiting to $250.00 any campaign contributions and expenditures given
by individuals to candidates for the office of Mayor and City Commissioner, and limiting who
can provide a campaign contribution to "natural persons" (as any human being other than an
unemancipated child under the age of 18); and
WHEREAS, during the last legislative session, the Florida Legislature amended Florida
Statute Section 106.08(l 1)(a), which preempted localities from adopting or enforcing monetary
campaign contribution limitations; and
WHEREAS, the City's Code also needs to be made consistent with amendments to
Florida Statutes Chapter 106, specifically, Section 106.011(14), which sets forth the definition of
"person" for the purpose of making a political contribution, and defines a person as an
individual, corporation, association, firm, partnership, joint venture, joint stock company, club,
organization, estate, trust, business trust, syndicate or other combination of individuals having
collective capacity; the term also includes a political party, affiliated party committee or political
committee; and
WHEREAS, due to the foregoing, the City Code must be revised to allow political
contributions from all individuals or entities permitted to contribute to campaigns under state law
and to allow monetary contributions to comply with state law limitations; and
WHEREAS, to be consistent with state law, the City of Dania Beach is repealing Section
2-30, entitled "Individual Campaign Contribution Limits", of Chapter 2, entitled
"Administration," within Article II, entitled "Requirements for City Employment";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article 11, entitled "Requirements of City Employment," of Chapter
2, which Chapter is entitled "Administration" of the City Code of Ordinances, is revised to
repeal City Code Section 2-30 as follows:
ARTICLE 11 — ADMINISTRATION
Section 2-30 Reserved.
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Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
3 ORDINANCE #2021-024
PASSED on first reading on September 28, 202 1.
PASSED AND ADOPTED on second reading on October 12, 202 1.
ATTEST: ZOW.'- t �kf? ��FA—
THOMAS SCHNEIDER, CMC
CITY CLERK
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APPROVED A.. 0 FORM AND CORRECTNESS:
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THOM,V R. ANSBRO
CITY AMRNEY
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/-VITAMARA J
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;,I I MAYOR
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4 ORDINANCE #2021-024