Legislative Matter

Miami-Dade Legislative Item
File Number: 152691

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File Number: 152691

File Type: Ordinance

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: SOLICITATION OF CONTRIBUTIONS FOR POLITICAL COMMITTEES

Introduced: 11/17/2015

Requester: NONE

Cost:

Final Action:

Agenda Date: 5/17/2016

Agenda Item Number: 7A

Notes:

SEE 162725 FOR FINAL VERSION AS ADOPTED. SEE SUPPLEMENT 160640

Title:

ORDINANCE CREATING SECTION 12-14.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR REPORTING REQUIREMENTS FOR COUNTY AND MUNICIPAL ELECTED OFFICERS AND CANDIDATES REGARDING SOLICITATION OF CONTRIBUTIONS FOR POLITICAL COMMITTEES AND ELECTIONEERING COMMUNICATIONS ORGANIZATIONS; PROVIDING PENALTIES FOR FAILURE TO REPORT; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

Indexes:	ELECTED OFFICIALS
	SOLICITATIONS

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Sally A. Heyman, Co-Sponsor

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	5/17/2016	7A	Amended
REPORT:	(SEE AGENDA ITEM 7A AMENDED; LEGISLATIVE FILE NO. 162725)

Board of County Commissioners	4/19/2016	7A	Deferred		5/17/2016		P
REPORT:	County Attorney Price-Williams read the title of the foregoing proposed ordinance and its supplement into the record. Commissioner Levine Cava recalled that a workshop was held on this issue; however, a number of commissioners were unable to attend. She said based on the input that she received, she believed that the item could be amended to better reflect some of the concerns that had been raised, and still achieve the shared goal of greater transparency; and she distributed copies of the amended version of the item, which would simplify the reporting requirements and make it easier for candidates and elected officials to comply. Commissioner Levine Cava noted under the new version of the ordinance the official would be required to file a one-time report only within 5 days of initiating solicitation activities; this would more closely track the State law. She said if her colleagues would like more time to review the item, she would be willing to defer it. Assistant County Attorney Oren Rosenthal noted the item that was distributed was a proposed amendment; therefore, if Commissioner Levine Cava wished to make a motion, she would have to make a motion to adopt the item, as amended. In response to Commissioner Bovo’s question as to whether the proposed amendment substantially changed the intent of the legislation, Assistant County Attorney Rosenthal noted while the amendment was consistent with the title, it changed the way in which the reporting requirement would be implemented. Responding to Commissioner Barreiro’s question regarding whether the proposed amendment mirrored the State legislation, Assistant County Attorney Rosenthal explained that the State legislation had an additional provision requiring that every time a candidate solicited, he/she would have to create a website and post the solicitation on that site. However, he noted, as with the State legislation the proposed amendment would require that the candidate notified when he/she initiated the solicitation activity by filing a report. Commissioner Levine Cava clarified that while the State legislation required that donations by 501(c)(4)s (or social welfare groups) be reported, the proposed amendment did not; however, the legislation proposed by Commissioner Zapata also required that donations by these social welfare groups be reported. Commissioner Jordan said she was not on the committee that heard this item; however, she had read it. She inquired how the proposed amendment differed from the current practice. Assistant County Attorney Rosenthal explained that the proposed amendment would require that a County or municipal elected officer or candidate for such office must file a one-time report with the Supervisor of Elections or other qualifying officer within 5 days of initiating solicitation activities identifying the Political Action Committee (PAC) or Electioneering Communications Organization (ECO) he/she was soliciting for and the nature of the relationship between the candidate or officer and the PAC or ECO. He noted currently such requirements did not exist. Commissioner Jordan inquired whether currently a candidate or elected official would have to declare anything if a committee was supporting them, but had not been solicited to do so. Assistant County Attorney Rosenthal said that under the current law or the proposed legislation the candidate or elected official would not have to declare anything. Commissioner Jordan said she was not ready to support the proposed legislation because it seemed to be a “got you” legislation. She provided an example of an instance in which a reporter attempted to ambush her regarding a PAC. Commissioner Sosa expressed her concern about the PACs. She said that she preferred to encourage education rather than punishment. She inquired whether she would be responsible if her name were placed on an invitation by a candidate whom she endorsed and who worked with one of the PACs. Assistant County Attorney Rosenthal advised that the requirements would not apply if the commissioner did not give permission to use his/her name to solicit funds for a certain ECO or PAC; however, they would apply if the commissioner gave permission for his/her name to be used to solicit funds for an ECO or a PAC. Commissioner Sosa expressed her concern that the proposed legislation could make the elected officials or candidates vulnerable to people who wanted to hurt them. She said that she preferred the amended version to the original legislation, but she would prefer to have mandatory education for all elected officials rather than punishment. Commissioner Suarez said that he was opposed to any “got you” legislation. It was moved by Commissioner Levine Cava that the foregoing proposed legislation be deferred to the May 17, 2016 County Commission meeting. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Heyman and Diaz were absent). Chairman Monestime suggested that if this item was adopted it would be wise for it to be effective after January 2017 since a number of elected officials were currently campaigning. He inquired whether he would have to file a report if someone was soliciting on his behalf. Assistant County Attorney Rosenthal confirmed that as long as the official or candidate did not instruct someone else to solicit on his/her behalf, he/she was not expected to file a report. Commissioner Levine Cava clarified that with regard to this point the language in the proposed legislation was the same as that contained in the State law. She said that she wished to move forward with the proposed legislation but she would consider all of the comments made by her colleagues. Pursuant to Commissioner Moss’ request to receive further clarification regarding the relationship between the ECOs/PACs and the candidates, Assistant County Attorney Rosenthal clarified that it depended on how the ECOs and PACs were created. He said that regulations existed regarding the relationship between candidates and ECOs/PACs. In response to Chairman Monestime’s question as to the process that would have to be followed if this County were to fund campaigns for people running for office, Assistant County Attorney Rosenthal advised that the Miami-Dade County Code contained a provision regarding the public funding of campaigns; it set forth a process that would have to be complied with. He noted the County Commission could amend this process. Responding to Chairman Monestime’s question regarding whether the County Commission could set a limit on how much funding a candidate, who was not in office, could receive for his/her campaign, Assistant County Attorney Rosenthal advised that it would not be possible for the County Commission to set a limit on the amount of funding a candidate could receive; however, it could set a limit on the amount of outside funding such a candidate could receive. He noted candidates who chose not to use the public funding mechanism would still be subject to the State’s general campaign finance laws. Pursuant to Chairman Monestime’s question as to whether it would be possible for the County Commission to legislate that every candidate for public office use public funding for their campaigns, Assistant County Attorney Rosenthal advised that it would not be possible for the County Commission to legislate that candidates for public office forego the use of private or personal funds.

Board of County Commissioners	3/28/2016	2A3	Presented
REPORT:	With regards to the proposed ordinances (Agenda Items 2A3 and 2B), Assistant County Attorney Oren Rosenthal explained the general requirements of the proposed legislation, which included reporting requirements for any candidate for a county or municipal elected office and any current municipal or county elected official. He noted, for candidates, their campaign treasurer, at the time of filing any other report, or the elected official, on a monthly basis after initiating a solicitation, would be required to file with a qualifying officer. He further noted a Statement of Solicitation filing would be required to be submitted on a form created by the Supervisor of Elections and would contain information such as disclosing a successful contribution, who contributed the contribution, to whom the contribution was sent to, the amount of the contribution, and the relationship between the elected official and/or candidate and the contributing organization. In response to Commissioner Suarez’ request for clarification, Assistant County Attorney Rosenthal advised the proposed legislation did not apply to individual campaigns; it applied only to PAC’s, ECO’s, 501c4's, and political parties. Commissioner Levine Cava pointed out the proposed legislation was not intended to limit solicitation, but to provide public disclosure on who was soliciting a candidate. Commissioner Levine Cava acknowledged the presence of Mr. Joe Centorino and asked him to provide additional input on this issue. Mr. Joe Centorino, Executive Director, Miami-Dade County Commission on Ethics and Public Trust, commented on the need for public trust and suspicions expressed over the funding of elections; and that local campaigns should have greater transparency. He spoke of a recent situation in Miami Beach that resulted in legislation adopted by the City of Miami Beach that banned local elected officials from raising funds for a PAC that would be influencing local campaigns. He expressed his appreciation for being given the opportunity to speak on this issue. Commissioner Levine Cava announced, pursuant to Rule 6.06, any persons wishing to speak on today’s agenda items, could do so at this time. The following individuals spoke in support of the proposed legislation: 1. Mr. Justin Wales, 14840 SW 87 Court, noted, for the record, he submitted 300 signatures that were obtained on a petition in support. 2. Mr. Michael Kesti, 8161 SW 178 Terrace 3. Ms. Maria Martinez, 2539 SW 31 Avenue 4. Mr. Pedro Gonzalez, 4116 SW 13 Terrace, 5. Mr. Michael Rosenberg, 13030 N. Calusa Club Drive 6. Madam Renita Holmes 7. Mr. Angel Suarez, 15307 SW 179 Terrace 8. Ms. Marisabela Bastilla, 3845 SW 103 Avenue Upon inquiry by Commissioner Suarez as to when the determination was made on the reporting requirements, Assistant County Attorney Rosenthal clarified the proposed ordinance would not apply to a general conversation as long as no affirmative request for solicitation was made. There being no further questions or comments, Commissioner Levine Cava thanked all those who attended today's workshop.

Board of County Commissioners	2/2/2016	7B	Deferred				P
REPORT:	First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Assistant County Attorney Oren Rosenthal read, into the record, amendments proposed by Commissioner Levine Cava. Commissioner Levine Cava explained her proposed amendments were intended to reduce the burden on the Elections Department. She emphasized the importance of taking steps to increase transparency and accountability, consistent with requirements in state law and other counties. Mr. Joseph Centorino, Executive Director, Miami-Dade Commission on Ethics and Public Trust (COE), noted the COE Board voted unanimously, at its last meeting, to support this item. He commented on Commissioner Levine Cava’s initiative to bring transparency to the area of political activity and fundraising that generally was not as publicly visible as campaign fundraising. In response to Commissioner Suarez’ question whether he was required to file the electronic report with respect to his serving as president of the “Imagine Miami PAC (Political Action Committee),” Assistant County Attorney Oren Rosenthal advised the foregoing proposed amendment required that he file a one-time statement stating the Imagine Miami PAC solicited contributions at his direction. Mr. Rosenthal stated Commissioner Suarez would not be required to file any additional statements regarding that PAC. With respect to Commissioner Suarez’ question regarding requirements for soliciting contributions for his son’s Electioneering Communication Organization (ECO), Mr. Rosenthal stated Commissioner Suarez must file a form stating he solicited for that ECO and identify the successful contributions he solicited. Mr. Rosenthal advised Commissioner Suarez of the requirement to complete a form reporting his successful solicitation of contributions for either a PAC or ECO. Commissioner Levine Cava stressed the word “successful” was included in the amendment and was about campaign financing rather than sunshine law. Responding to Commissioner Suarez’ question whether federal law pre-empted the County from passing additional requirements pertaining to federal elections, Mr. Rosenthal stated the requirement pertained to municipal or county-elected officials or candidates, not the federal PAC or federal issues. Commissioner Moss asked whether an explanation on the purpose and rules for the various committees would be forthcoming. Commissioner Diaz expressed concern that this issue needed to be vetted further and presented various scenarios that could impact an individual’s ability to understand and adhere to the rules related to this legislation. Citing the potential for violation due to unforeseen circumstances, he suggested a workshop be scheduled to discussion this matter further. Commissioner Zapata cautioned against unintended consequences stemming from this type of legislation and inquired as to how far back candidates/elected officials would need to reference when reporting solicitations. Mr. Rosenthal explained the obligation to report solicitations would begin with those made ten days after passage of this ordinance and applied only to solicited funds. Discussion ensued between Commission members and Mr. Rosenthal regarding the need for a workshop to discuss this issue further. A majority of Board members expressed concern with supporting this ordinance as written, emphasizing the potential for unintended consequences. Commissioner Zapata noted his concern with political parties, 501(c)4 organizations, and lobbyists being exempted from this legislation while yet allowed to engage in activities related to political candidacy. He expressed concern with ten days being too short a timeline for this legislation to be implemented since some individuals were currently involved in campaign activity. In response to Commissioner Edmonson’s request for clarification on the word “indirectly” on handwritten page 6, in the second sentence in Subsection (1), that read: “…The report shall identify each contribution solicited, directly or indirectly, by the candidate…,” Mr. Rosenthal explained this referred to a candidate’s campaign staff’s soliciting contributions. Responding to Commissioner Moss’ inquiry as to whether the rules supporting this issue required the candidate to complete a form for the duration of their term, Mr. Rosenthal explained the process for soliciting for a PAC or ECO which required monthly filing for the duration of the term. Following additional discussion in support of a workshop to vet these issues further, it was moved by Commissioner Levine Cava that the foregoing proposed ordinance be deferred, as amended, pending a workshop. Assistant County Attorney Oren Rosenthal clarified the motion was to amend the foregoing proposed ordinance; to defer the amended version to no-date-certain; and to conduct a workshop, after which this ordinance would be placed again on the agenda for the Board’s consideration. In response to Commissioner Levine Cava’s request that the proposed workshop be held in February 2016, Chairman Monestime recommended it be scheduled in March 2016, due to events already in the pipeline for February. There being no further questions or comments, the Board proceeded to vote on the motion to defer and amend the foregoing proposed ordinance. The Board voted to defer the foregoing ordinance to no-date-certain and to adopt the following amendments into the ordinance: On handwritten page 6, Section 12-14, In Subsection (1) - to change the beginning of the first sentence to read: “…Each candidate for County or municipal office in Miami-Dade County shall ensure that their designated campaign treasurer shall at the time of filing any contribution or expenditure reports otherwise required by law…;” - at the end of the eighth line, to insert the word “successfully” between the words “contribution” and “solicited;” and - at the end of the subsection, to add the following language: “…A candidate may comply with the reporting requirements of this subsection by filing a one-time report indicating that all contributions to an identified political committee or electioneering communications organization were solicited either directly or indirectly by the candidate. Upon filing such report, no further reports shall be required under this subsection for solicitations on behalf of the identified political committee or electioneering communications organization during any reporting period…” In Subsection (2) – to replace the first sentence with the following language: “…Upon commencement of any solicitation activities undertaken on behalf of any political committee or electioneering communications organization, each County or municipal elected officer in Miami-Dade County, who is not also a candidate for another County or municipal office shall, on a monthly basis for the remainder of the officer’s term of office, file an electronic report with the Supervisor of Elections or other applicable filing officer, regarding such solicitation activity during the preceding month…;” - in the second sentence, to insert the word “successfully” between the words “contribution” and “solicited;” and - at the end of this subsection, to add the following language: “,,,A county or municipal elected official may comply with the reporting requirements of this subsection by filing a one-time report indicating that all contributions to an identified political committee or electioneering communications organization were solicited either directly or indirectly by the County or municipal elected official. Upon filing such report, no further reports shall be required under this subsection for solicitations on behalf of the identified political committee or electioneering communications organization during the remainder of the County or municipal elected official’s term…” In Subsection (3), handwritten page 7, line 8 – to delete the words “no change” and replace it with “may appeal;” in line 16 after the word “notice”, to add the phrase “from the Supervisor of Elections.” Assistant County Attorney Oren Rosenthal advised that the foregoing amendments would clarify several issues in the item and allow candidates and current officials to file a one-time statement that read: “…all solicitations for a particular pack or committee was solicited by the candidate…,” which would prevent the filing of a monthly statement. He noted the amendments would also make the requirement on the County or municipal elected officer apply for the entire term, but to apply only upon commencement of the activity.

Strategic Planning & Government Operations Cmte	1/12/2016	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Juliette Antoine read the foregoing proposed ordinance into the record. Vice Chair Sosa inquired if the candidate did not have any political committees or any electioneering communications organizations, will there be a place on the form created by the elections department for candidates to disclose that information as well. She explained that it was important to know both, if the candidates did or did not have any political committees or electioneering communications organizations. Commissioner Levine Cava responded that she was certain that was within the implementation of this ordinance, and asked a representative from the Elections department to respond to Vice Chair Sosa’s inquiry. Ms. Christina White, Supervisor of Elections Designee, Elections Department explained that the typical campaign finance reporting, if there was no activity a waiver of report would be filed, but this form can indicate that if the Committee preferred that method. If a person did not engage in such activity then they would not be required to file the form. Vice Chair Sosa noted that she did not want to punish the people that didn’t have any committees or any electioneering communications organization. Commissioner Levine Cava noted that this legislation was a step forward towards informing the public and creating greater transparency. She expressed appreciation to Committee members for their support. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners	12/1/2015	4A	Adopted on first reading		1/12/2016		P
REPORT:	First Assistant County Attorney Geri Bonzon Keenan read the foregoing proposed ordinance into the record. County Attorney Abigail Price-Williams informed the Board members that Commissioner Suarez wished to consider and vote on Agenda Item 4A separately. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented. Note: See Agenda Item No. 1G, for public comments on this ordinance. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Strategic Planning and Government Operations (SPGO) Committee on Tuesday, January 12, 2016 at 9.30 a.m.

Board of County Commissioners	12/1/2015		Tentatively scheduled for a public hearing	Strategic Planning & Government Operations Cmte	1/12/2016

County Attorney	11/17/2015		Assigned	Oren Rosenthal	11/18/2015

County Attorney	11/17/2015		Referred	Strategic Planning & Government Operations Cmte	1/12/2016

Legislative Text

TITLE
ORDINANCE CREATING SECTION 12-14.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR REPORTING REQUIREMENTS FOR COUNTY AND MUNICIPAL ELECTED OFFICERS AND CANDIDATES REGARDING SOLICITATION OF CONTRIBUTIONS FOR POLITICAL COMMITTEES AND ELECTIONEERING COMMUNICATIONS ORGANIZATIONS; PROVIDING PENALTIES FOR FAILURE TO REPORT; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY

WHEREAS, this Board believes that transparency and accountability in government is fundamental to the public�s faith in the democratic process; and
WHEREAS, this Board desires that campaign fundraising activities by candidates and public officials be transparent and accessible by all residents of Miami-Dade County; and
WHEREAS, fundraising through political committees and electioneering communications organizations creates the potential for anonymous campaign fundraising that can function as a barrier between citizens and those seeking to represent them in elective office; and
WHEREAS, state law and the rules of the Florida legislature currently require that some state officers and legislators disclose when they fundraise for political committees or electioneering communication organizations; and
WHEREAS, this Board desires to establish similar requirements for County and municipal officials and candidates within Miami-Dade County; and
WHEREAS, requiring public officials and candidates to publicly disclose their fundraising activities for political committees or electioneering communications organizations would provide needed sunlight on the campaign fundraising process and allow voters to make informed decision about candidates,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI DADE COUNTY, FLORIDA:
Section 1. Section 12-14.2 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety:
Sec. 12-14.2. County and Municipal Elected Officer and Candidate Reporting Requirements for Political Committee and Electioneering Communication Organization Solicitations.

(1) Each campaign treasurer designated by a candidate for County or municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional electronic report with the Supervisor of Elections or other applicable filing officer regarding solicitation activities on behalf of any political committee or electioneering communications organization. The report shall identify each contribution solicited, directly or indirectly, by the candidate, the name of the person or entity contributing the funds, the name of the political committee or electioneering communications organization on behalf of whom such funds were solicited, the amount of the contribution, and a description of the relationship between the candidate and the political committee or electioneering communications organization, if any. The report shall be filed on a form created by the Supervisor of Elections for such purpose.

(2) Each County or municipal elected officer in Miami-Dade County who is not also a candidate for another County or municipal office shall, on a monthly basis commencing one year prior to the date such officer�s office is to be filled by election, file an electronic report with the Supervisor of Elections or other applicable filing officer regarding solicitation activities undertaken on behalf of any political committee or electioneering communications organization during the preceding month. The report shall identify each contribution solicited, directly or indirectly, by the officer, the name of the person or entity contributing the funds, the name of the political committee or electioneering communications organization on behalf of whom such funds were solicited, the amount of the contribution, and a description of the relationship between the officer and the political committee or electioneering communications organization, if any. The report shall be filed on a form created by the Supervisor of Elections for such purpose.

(3) Any County or municipal elected officer or candidate who fails to file a report as required by this section on the designated due date shall be subject to a fine of $50 per day for the first three (3) days and, thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate or officer. Any candidate or officer no change dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived.

Section 2. 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 3. 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 4. 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.